Just as it was "unclear" to the Commission for the Control of Public Procurement on the basis of which evidence we marked three bids (Dubai, Farmont and Urion) as correct, it is also three times more unclear to us how these companies participated in all our tenders last year and how they were correct during the inspection, said the director of the Montefarm Pharmacy, Budimir Stanišić.
He emphasized that the Law on Public Procurement did not change during that period, as did the composition of the Commission, the terms and rules of the tender.
Stanišić replied to the representatives of the state commission, who recently rejected part of the tender for the procurement of medicines from Montefarma, that he would respect their will, but that he would prove his claims that everything was done properly before the Administrative Court.
Stanišić asked what is happening with the decisions of the State Commission for the Control of Public Procurement Procedures that are annulled by the Administrative Court
In the Commission's decision, it is stated in the explanatory part that it is unclear to them on the basis of which criteria the three companies got the job when they did not submit evidence that they were registered for the activity that is the subject of public procurement.
Stanišić responded to that remark that for the client - Montefarm, the key document on the registration of the wholesale drugstore is the decision of the Medicines Agency that it fulfills all the conditions prescribed by the Law on Medicines for the procurement and distribution of medicines.
"Regardless of the registration with the Central Register of Business Entities, legal entities cannot deal with the sale of medicines without a license issued by the Agency. Bidders Dubai, Farmont and Urion submitted proof of registration with the Agency for Medicines and Medical Devices for the sale of drugs and medical devices in their bids," Stanišić claims.
Those three companies, according to him, have previously participated in tenders announced by the Ministry of Health, the Health Insurance Fund and Montefarm in the last 10 years.
"The same, as in this tender, in terms of volume of delivery, they were in the group of smaller to medium-sized bidders," Stanišić said.
He did not specify how much money was awarded to those firms in earlier public announcements.
"This is the first time that someone's offers have been canceled due to these reasons or deficiencies," Stanišić pointed out.
He informed the Minister of Health Miodrag Radunović and the director of the Health Fund about the details of the tender procedure
Stanišić asked what is happening with the decisions of the State Commission for the Control of Public Procurement Procedures that are annulled by the Administrative Court.
"Who pays for the damage caused to the state and tender participants who were harmed by those annulled decisions? Does anyone have any responsibility for that, and it's not like there were no annulled decisions by the Administrative Court", Stanišić asked.
He noted that the value of the canceled lots is about 10 percent of the total value of the tender, and that about 30 positions will have to be awarded to the second-placed bidders, which will cost the state coffers more than 100.000 euros of the money originally planned.
The total value of Montefarm's annual procurement was around 28 million euros, and 164 lots were returned for re-evaluation and evaluation.
Stanišić said that he stands behind the claim that they conducted the tender "very professionally, responsibly, and that they chose the cheapest qualified bidders, and that the reasons given by the Commission are not a reason for canceling the bids".
He informed the Minister of Health, Miodrag Radunović, and the Director of the Health Fund, Kenan Hrapović, about the details of the tender procedure.
Stanišić: "Foul" for a yellow card
Stanišić said that other offers were canceled because "the foil containing the offer guarantee was not sealed with wax and stamped by the bidder".
The Commission's decision states that Montefarma's procedure was carried out in accordance with the Law on Public Procurement
"This reason for canceling the offer is not recorded in practice today. This guarantee also has a three-month term and cannot be forged. This "offense" is at the level of a yellow card for a football player in a match and nothing more. "It affects the final result of the game so much, in this case the decision on the selection of the most favorable bidder", said Stanišić.
Stanišić noted that Montefarm organized the entire business with the Ministry of Health and the Health Insurance Fund. He noted that they organized the work with the Ministry of Health and the Fund, and after they had no objections to the procedure, they expected a positive attitude from the Commission.
"But on April 15, we received a decision that the tender was done in accordance with the Law on Public Procurement, and that individual bidders did not have the right to be scored," he added.
Stanišić said that the decision on the selection of the most favorable bidder for the lots for which the first-ranked bids of the companies Dubai, Farmont, Urion, Pharmaswiss, Vilab Pharm, SanMed, Monterusfarm and Medikom were annulled, based on Article 226 of the Law on General Administrative Procedure, and that it was not no article of the Law on Public Procurement is listed.
"Unbelievable, but that's what it says," said Stanišić.
The Commission's decision states that Montefarma's procedure was carried out in accordance with the Law on Public Procurement and states for which parties, but also that "significant violations of the Law on Public Procurement, Article 134, and the Law on General Administrative Procedure, Article 226" were committed.
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