Negotiated Procurement after 2 failed biddings

Good Afternoon, We joined a public bidding last 19 Sept , the said bidding was declared failure since the 2 bidders were DQ. upon checking on philgeps last oct 4, the PE posted a Notice for Negotiated Procurement. Specifics: pay 5K for bid docs; submission initial offer Oct 12, 10AM. Submission Final Offer Friday.

Just want to inquire on the ff:

If a Notice of negotiated procurement can be construed as an invitation?
If we should pay for the complete set of eligibility requirements and bid docs?
If an opening of initial quotation/offer is similar to negotiation process?
Should we prepare 2 envelope system?

1. please refer to section 53.1.2 of the RIRR of RA 9184
2. no, no need, if you once bought bidding documents when you joined the opening
3. what i understand from your question is that if your offer will be the same to the ABC? please check 53.1.1 and 5.1.5 of RA 9184

Please read RIRR of RA 9184 Section 53 for clarifications. the pdf file is readily available for download.

Thank you for responding, Engr. here's what transpired:

we were asked pay PhP5K to join the negotiated procurement, prepare 2 envelope system consisting technical and financial docs. yesterday, Oct 12 was scheduled as submission of the initial offer, it was clarified that the process will involve checking of the technical documents if its complying with the requirements of the law and then a final and best offer should be submitted on Friday 14 OCT. there were only 2 who participated in the said "negotiation." In fact, the BAC does not want to mention the offer of both participants until we raised Sec 53.1.3 because we also contend that how can a best offer be submitted if we do not have any idea of the offer of all participants which they allowed to divulged. Now, being the lowest offer, we are still being asked to submit our best and final offer by the BAC on another sealed envelope by Friday, OCT 14, 10AM.

Question is, as per 53.1.5, the determination by the PE of best and final offer that would meet minimum technical requirements and should not exceed the ABC is based on what criteria should the other participant lowers its price offer by 1 peso? since they already have an idea of what we initially offer. should this happen and the PE award the project to the other participant, what are our options? can we file MR?

appreciate your reply. many thanks