One medicinal agent is one lot, isn’t it?
Senior associate at Legal Alliance Company Alexander Bondar took part in the task meeting in Antimonopoly committee of Ukraine (further ACU) about state of execution of recommendations of the Committee about taking measures for improvement of the procedure by Ministry of Health of Ukraine (further MHU) and Ministry of economic development and trade of Ukraine up to taking measures for improvement of order of defining purchase item of medicinal agents for budgetary funds, particularly in the part of forming lots.
The main aim of such recommendations is to avoid the circumstances when customers have possibility to rate discriminating conditions in tender documentation while purchasing medicinal agents.
Draft of a joint order of MHU and Ministry of economic development and trade of Ukraine, that confirms Methodical recommendations for the customers who purchase medicinal agents (further Methodical recommendations), was discussed at the meeting.
Alternate of Minister of Health Olga Stefanishina, alternate of director of Department of public purchases regulation of Ministry of economic development and trade of Ukraine Nataliia Shimko, state assignee ACU Svetlana Panaiotidi, representatives of customers, business, experts, public organizations, media, and others took part in the discussion.
Let us remind that necessity of elaboration of Methodical recommendations is determined by lack of distinct adjustment of the issue about delineation of purchase item of medicinal agents on legislative level, numerous complaints to ACU about establishment of discriminatory conditions in tender documentation while purchasing medicinal agents, including unjustified joining them in 1 lot.
Taking into consideration everything given above, it is necessary to pay attention to the fact that is defined in Methodical recommendations: "in case if a purchase item of medicinal agents contains two or more medicinal agents, customer defines purchase item up to lots on every separate IUN (international unlicensed name of medicinal agent), in order to compliance of conscientious competition between members of purchases. Customer should take into consideration that while defining purchase item lots, total expected price of which is more than 200 thousand hryvnas, one IUN is defined on every separate lot".
Thus, principle 1 IUN – 1 lot is declared in Methodical recommendations.
At the same time, if some complex medicinal agents are being purchased, customer could define several IUN that such medicinal agent contains, within the bounds of one lot.
Elaboration of Methodical recommendations is certainly a positive step to settlement of the problem. At the same time, in our opinion, draft of the joint order needs additional work.
For instance, in spite of usage of term "analogous agreement" in Law of Ukraine "On public purchases" and in Methodical recommendations, there is no definition. It could lead to different interpretation and even abuses in the process of purchasing. The matter of confirmation of quality of medicinal agents needs additional work; dispositions regarding to requirements of granting a guarantee letter from a manufacturer of medicinal agent are doubtful, since such document is not provided in Law of Ukraine "On public purchases"; indistinct and estimated regulations, e.g. "considerable experience" and others are all present.
In our opinion, acceptance of elaborated Methodical recommendations could assist improvement of competitive environment on the medicinal agent market and, thereafter, saving of budgetary funds and timely supplying of patients with qualitative, safe and effective medicines.
