Report On Public Procurement Monitoring At The Ministry Of Health Supply Of Consumables For Haemodialysis
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Democratic Institute of Kosovo is the Transparency International Chapter in Kosovo. It strengthens citizens to demand transparency and public accountability and to engage in policy making.
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Theory of Change
Kosova Democratic Institute (KDI) has signed a cooperation agreement with this institution in order to enable the exchange of information and good practices that would contribute to the advancement of the public procurement process. In this report, three Public Contracts, related to the supply of consumables for haemodialysis, were analysed, which were carried out during 2018. For the contracts analysed, the Ministry of Health had used one open procedure and two negotiated procedures without publishing the contract notice.
Quantitative and qualitative analyses were used to present the situation in the most correct way possible regarding procurement activities for the supply of consumables for haemodialysis at the Ministry of Health (MoH). This research aims to measure the implementation of public procurement legislation by the MoH, through reviewing of the contract award process for the supply of medical consumables for haemodialysis for 2018.
- By breaking the nearly 20-year monopoly of supply of consumables for Haemodialysis, MoH saved nearly 80% of the price that had been paid before for the 5 out of 6 tendered lots.
- Signing of contracts for the supply of consumables for Haemodialysis was delayed for over 8 months from the date of publication of the contract notice, as a result of claims filed by the economic operators. Given the legal deadlines for each procedure, including claims, the MoH had not started the tendering process at a sufficient time to avoid emergency needs.
- After analysing and comparing the contract awarded based on an open procedure tendering, KDI noted that the contracted prices for the emergency supply contract were up to 209% higher than the prices that same EO had bid, which makes us understand the importance of open competition, given the lack of business sincerity in the conduct of closed procedure
- The Ministry of Health should ensure that procurement procedures are initiated in sufficient time to envisage the fulfilment of all deadlines set forth by the law on public procurement, in order to avoid the use of negotiated procedures.
- The Ministry of Health should conduct a market analysis of all single source purchases, to make sure that we are not dealing with a similar monopoly situation, as it was the case for the supply of consumables for Haemodialysis.
- When using negotiated procedures, KDI recommends that the Ministry of Health should comply with the Rules and the Operational Guidelines for Public Procurement. According to the rules of PPL, during the selection of EOs for contract award, in cases where open procedure cannot be used, and where negotiated procedure is necessary, CA should make sure that is carried out a competitive process, to receive optimal number of bids from as many EOs as possible.
- The Regulatory Public Procurement Committee should initiate procedures for supplementing the current legislation, to categorize and define the deadlines for reviewing claims by PRB based on priorities.
- PRB should prioritize the complaints handling emerging from tenders related to the supply of drugs and materials of vital importance for the health of citizens