Montenegrin health institutions will not soon receive X-ray films, because the Commission for the Control of the Public Procurement Procedure has again annulled the decision of the Health Insurance Fund, which after several months finally decided to award the work to the company "Montemedicom".
The Commission reached such a decision after a complaint from the company "Urion", whose offer the Fund rejected, and which is represented by lawyer Ana Kolarević, sister of Prime Minister Milo Đukanović.
The Commission's explanation states that the Fund incorrectly established the factual situation when it rejected the offer of "Urion", which resulted in an erroneous decision.
The Fund made a mistake, according to the Commission, because it made the wrong decision when evaluating "Urion's" offer, despite the indisputable fact that it also submitted the decision of the Medicines Agency in the offer
Thus, "Urion", although with the decision of the Agency for Medicines and Medical Devices on the fulfillment of the conditions for the sale of drugs and medical devices, is not registered in the Commercial Register as a company engaged in this activity.
This time, the Commission appreciated that this was not a reason to reject their offer, which is why it annulled the Fund's decision.
According to the Commission's opinion, the fund made a mistake, because when evaluating "Urion's" offer, it made the wrong decision, despite the indisputable fact that it also submitted the decision of the Agency for Medicines and Medical Devices on its suitability in the offer.
"The ordering party's conclusion is wrong that the fact that in the extract from the Central Registry it lists engineering activity and technical consulting as the predominant activity, it means that it is not registered for the subject of public procurement, for the reason that it is only the predominant activity out of the many others that it has listed in the statute" , it is written in the decision of the Commission, chaired by Suzana Pribilović.
"The contested decision is illegal, because when it was adopted, a significant violation of the rules of administrative procedure from Article 226 paragraph 2 point 7 of the Law on General Administrative Procedure was committed, considering that it does not contain a valid explanation, which enables its complete control, as in the administrative , as well as in administrative-judicial proceedings. Also, the challenged decision does not contain reasons for decisive facts, but they are partially given in the explanation", decided the Commission chaired by Pribilović.
What about the earlier position of the Commission?
The Health Insurance Fund, in its response to the complaint of "Uriona", states that at no time is it disputed that the decision of the Medicines Agency is included in the offer of the appellant, but the fact that the State Commission for Public Procurement previously issued a decision according to which he had to act.
They refer to the positions of the Commission for Public Procurement, which, as they said, are exclusive that the predominant activity of the bidder must be in accordance with the subject of the public procurement. Now the Commission has abandoned such a position.
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