Requesting Entity: Department of Agriculture - Regional Field Unit No. 2
Issues Concern: Negotiated Procurement
Whether or not negotiated procurement may be resorted to for the acquisition of a reduced quantity using the same ABC after two failures of bidding.
[T]he conditions under which negotiated procurement may be undertaken after two failed biddings are clear and unequivocal. The terms, conditions and specifications of the project, as well as the ABC must be maintained. Hence, it necessarily follows that if you intend to enter into negotiated procurement after two failed biddings, you must not only retain the ABC, but also require the same quantity to be procured.