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Roundtable 06.09.2019

The Democratic Institute of Kosovo (KDI), through a discussion roundtable today, presented the irregularities and problems encountered by analyzing the tendering process of medicinal products and equipment from the Essential Medicines List conducted by the University Hospital and Clinical Service. Kosovo (HUCSK).

KDI analyzed 12 samples of tender dossiers compiled during March-June 2019, from which it was found that the inclusion of the Marketing Authorization requirement in the Tender Dossiers is limiting competition in tenders for the supply of medicinal products.

Liridona Behrami of KDI, on this occasion, has stated that Economic Operators (EOs) are reluctant to pay the price of 2,000 Euros for a Marketing Authorization Certificate, only to meet the criteria to apply. This has led to lower bids to HUCSK calls for tenders.

It has also announced that HUCSK continues to purchase medicinal products and equipment that do not comply with the specifications set forth in the Essential Medicines List. In four tender dossiers, although product specifics were set according to the EML, economic operators were allowed to bid with products whose specifications did not fit with those in the Tender Dossier. Such action is contrary to the provisions of the Law on Public Procurement, which clearly stipulate that only Economic Operators that bid on products in accordance with the requirements and specifications set out in the Tender Dossier shall be deemed responsible.

“Exceeding the estimated value is another problem of tenders in HUCSK. The estimated value is determined by the Contracting Authority and represents the final price to be paid for certain products. KDI found that in 10 lots included in six tenders, the estimated value was exceeded by 13%. This indicates problems in the tender planning phase, ”she added.

One problem observed in the HUCSK Tender Dossiers is, according to Behrami, the non-standardized criteria.

“While the requirement for economic and financial capabilities does not apply to any Tender Dossier, the requirement for technical and professional capabilities is included only in tenders for the supply of medical equipment (consumables) but not in tenders for supplies of medicinal products (medicines and cytostatic). By not applying standard criteria, the Contracting Authority may favor or discriminate companies in a tender process, ”she further explained.

Based on the findings of this analysis, KDI recommends that the HUCSK in the Tender Dossier should use standardized criteria for all tenders, ensure that the winning Economic Operators meet the minimum financial and professional criteria, and set the estimated value in accordance with the rules. as well as purchases made in accordance with specifications from the Essential Medicines List.

Regarding the Marketing Authorization which is a necessary criterion for winning a tender, KDI recommends that the Ministry of Health and HUCSK should accept the Marketing Authorization issued by countries such as Germany and the UK, as with these countries there are procedures for unilateral recognition of Marketing Authorization. Prior to the signing of the contract, the

winning EO has to be provided with a Certificate of Marketing Authorization from the Agency for Medicinal Products and Devices of Kosovo.

This research was conducted with the aim of analyzing the management of the procurement process by the HUCSK in the context of the acquisition of competence for the supply of secondary and tertiary medicines by the Ministry of Health.