CITY OF MAKATI PRESENT: Vice Mayor ERNESTO S. MERCADO ...

REPUBLIC OF THE PHILIPPINESSANGGUNIANG PANLUNGSODCITY OF MAKATIPRESENT:Vice Mayor ERNESTO S. MERCADO - Presiding OfficerCouncilor JEJOMAR ERWIN S. BINAY, JR.“ ISRAEL S. CRUZADO“ ERLINDA S. GONZALES“ OSCAR M. IBAY“ DIVINA A. JACOME“ RICARDO S. JAVIER“ ROMEO C. MEDINA“ SALVADOR D. PANGILINAN“ NELSON S. PASIA“ ASTOLFO C. PIMENTEL“ RICO J. PUNO“ LIBERATO G. SIARON“ ELIAS V. TOLENTINO, JR.“ JOHNNY S. WILSON“ RODOLFO F. SESE - ABC PresidentABSENT:Councilor CHRISTINE P. MERCADO - Sick leave“ FERDINAND T. EUSEBIO“ FRANCISCO Z. LICHAUCOOn motion presented by Councilor Nelson S. Pasia, duly seconded, all membersof the Sangguniang Panlungsod approved the following City Resolution onsecond and final reading:CITY RESOLUTION NO. 2003-039Author: Councilor Nelson S. PasiaA RESOLUTION AMENDING CITY RESOLUTION NO. 2002-207SO AS TO AUTHORIZE THE HONORABLE MAYOR TO ENTERINTO A NEGOTIATED CONTRACT ON THE SUPPLY OF FUEL,OIL, LUBRICANTS, SERVICES AND SPARE PARTS FOR CITYVEHICLES AND OTHER MOTORIZED EQUIPMENT ONGROUND OF FAILED BIDDINGS, SUBJECT TO THERATIFICATION OF THE SANGGUNIANG PANLUNGSOD ANDTO ALL LAWS AND EXISTING LEGAL RULES ANDREGULATIONS.WHEREAS, through City Resolution No. 2002-207, the SangguniangPanlungsod has authorized the Honorable Mayor to negotiate, enter into andsign a contract with the winning bidder on the supply of fuel, oil, lubricants,services and spare parts for city vehicles and other motorized equipment;

WHEREAS, the contract therefore was submitted for bidding on February 11 and21, 2003, but both biddings resulted to failure their being only one qualified bidderwho submitted a proposal;WHEREAS, the contract is ripe for negotiated purchase in accordance withSections 94 and 95, Rule 9 of COA Circular No. 92-386 (Rules and Regulationson the Supply and Property Management in Local Government) that provides:Section 94. When to make a negotiated purchase – In cases wherepublic bidding have failed for two (2) consecutive times x x xSection 95. When public is deemed a failure - For purposes ofthese rules, public bidding is deemed to be a failure under any ofthe following circumstances:When no or only one qualified bid is received on orbefore the scheduled date of the opening of bids; or- x x x -NOW THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED BY THESANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUEOF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, toamend City Resolution No. 2002-207 so as to authorize the Honorable Mayor toenter into a negotiated contract on the supply of fuel, oil, lubricants, services andspare parts for city vehicles and other motorized equipment on ground of failedbiddings, subject to the ratification of the Sangguniang Panlungsod and to alllaws and existing legal rules and regulations.RESOLVED, further, that copy of this Resolution be furnished the GeneralServices Department, City Treasurer’s Office, Commission on Audit and otherconcerned offices for their reference and guidance.RESOLVED, finally, that this Resolution shall take effect immediately upon itsapproval.APPROVED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METROMANILA, in its regular session held on March 11, 2003.Certified true and correct by:Attested by:ROGELIO U. MARASIGANCity SecretaryERNESTO S. MERCADOVice Mayor & Presiding OfficerAPPROVED:JEJOMAR C. BINAYCity Mayorrrn/etc