Court battle looms over legality of criteria to prequalify drug suppliers

The Supreme Court will next Wednesday begin hearing the case brought by the International Pharmaceutical Agency Guyana Ltd (IPA) challenging the prequalification process to supply drugs for the health sector as unconstitutional and seeking to have the decision to select the New GPC as the lone supplier set aside.

The company, through its attorney, recently filed a motion in the High Court against the Attorney General, saying the decision or recommendation made by the National Procurement and Tender Administration Board (NPTAB) that it does not meet the criteria to supply drugs to government for 2014 to 2016 is unfair, unreasonable, unconstitutional, unlawful, and null, void and of no legal effect.

Among the orders it is seeking is a declaration that the revised evaluation criteria for prequalification for the supply and delivery of pharmaceutical drugs and medical supplies for the period 2014 to 2016 are so heavily and obviously weighted in favour of a particular local supplier that it renders the prequalification process unfair and unreasonable and deprives the IPA of equality before the law or equal protection and benefit of the law and of the full and equal enjoyments of all rights and freedoms, in contravention of Article 149 (D) of the Constitution and is therefore null,