By Resolution No. 087, dated March 23, 2022 issued by Central de Abastecimiento del Sistema Nacional de Servicios de Salud (hereinafter “CENABAST”), which was approved by the Comptroller General of the Republic on October 5, 2022, new administrative and technical bases were approved, which will govern the bidding processes for the procurement of pharmaceuticals, cosmetics, food for medical use, pesticides, disinfectants, medical devices and supplies for the exercise of health actions, which will enter into force on November 22, 2022.
These bases are applicable to the purchases of the aforementioned products, and replace the previous bases used by CENABAST in its bidding procedures, which dated back to 2016.
Among the changes introduced, new chapters are added on the opening of the bid, objections for compliance with formal requirements and the inadmissibility of bids, entry of products by the supplier and penalties and fines.
In this regard, and among the relevant changes introduced, the following may be noted:
1. In the bid evaluation period, the economic factor acquires greater preponderance and the catalogue of score deductions is expanded.
2. Differences are established with respect to the term of the supply and standard contracts.
3. Rights of the parties during the execution of the contract are established, such as the exercise of options, contract renewal and contract term increases.
4. Regarding the entry of products by the distributor, before distribution, suppliers must enter via web or other means provided by CENABAST, the lot or series of products, quantities to be distributed and other matters. This is to improve the stock requirements of the contracting entities. It also details the documentation required for the entry of the products.
5. Regarding the distribution of products, it establishes the minimum information that the electronic tax document must have.
6. It is established that the supplier must send dispatch information through integration, according to the guidelines provided by CENABAST.
7. Regarding penalties and fines, new causes of serious non-compliance and economic sanctions are established.
As mentioned above, in view of the beginning of the validity of these bases that will take place on November 22, 2022, it is important that companies participating in public bids become aware of these new bases, since they mean substantial changes to the way in which participation in CENABAST’s public bids will be regulated and, ultimately, prepare in advance for the presentation of their future bids.