Cabinet Secretary Dr. Roger Luncheon yesterday rubbished the claim by the National Procurement and Tender Administration Board (NPTAB) that it was not notified of Cabinet’s no-objection to the selection of a prequalified supplier of drugs for the health sector.
“I find it strange that Cabinet’s decision that I pronounced on here somehow has mysteriously not been communicated to NPTAB…,” Luncheon said when asked by Stabroek News for an update. “I can provide you with a copy of that Cabinet decision that said essentially to NPTAB that the results of the pre-qualification exercise has been approved by Cabinet.”
Last week, an official of the NPTAB had said that it was still waiting on official documentation from the Office of the President on the prequalification in which New GPC was controversially selected. The Ministry of Health has also said that it still has not been officially notified of the result of the prequalification process.
The Ministry’s statement was contained in a letter to the editor last month and was written by its Permanent Secretary Leslie Cadogan in response to an article in the Stabroek News, headlined ‘Bidders: Health Ministry did not notify of drug supply decision as required by law.’
“To date, the Health Ministry has not been officially notified of any awards as it relates to the procurement of drug and medical supplies. As soon as the Health Ministry is officially notified, both successful and unsuccessful bidders(s) will be informed,” he wrote.
Luncheon said that he found it strange that the Ministry of Health would be procuring drugs without knowing of Cabinet’s decision and pointed out that he had, since the no-objection announcement, made disclosures of awards for the Ministry of Health.
“What is to me more bothersome, difficult to explain, is why would the Ministry of Health sit after all these cabinet meetings and say nothing. Because, if I follow your logic, no procurement by NPTAB would be taking place. But when NPTAB says ‘We haven’t gotten an extension’ how is the Ministry of Health, what is making them remain quiet? Are they not procuring?” a seemingly perplexed Luncheon questioned.
“Since then I came here I presented awards for juvenile ARV drugs, tuberculosis drugs and other things. So something is wrong. How could the NPTAB be making awards under the new dispensation and then in same breath claiming they don’t have evidence of this dispensation,” he stressed.
Last week, Chief Executive Officer of ANSA McAL Beverly Harper, who attended NPTAB’s Procurement Symposium, sought clarity on the issue surrounding her company’s bid to prequalify to supply drugs to Guyana’s health sector. She too pointed out that her company has to date not been notified by the Health Ministry about the outcome of the process. “If the procuring entity has not advised, what is one to do?” she questioned.
Minister in the Ministry of Finance Juan Edghill told her that Luncheon’s announcement should not be used to say that there has been an award. “You cannot object to a contract that has not been awarded… no contractor should take Dr Luncheon’s announcement to be synonymous with the award of a contract. Dr Luncheon is simply saying to the nation that Cabinet gave its no-objection,” he said.
“It is the Tender Board that would now have to do its work, with the procuring entity for the award of the contract. So your five days is not five days from Dr Luncheon’s announcement,” Edghill added.
He told Stabroek News on Tuesday that today he will provide information on the status of the pre-qualification contract.
Since Luncheon’s an-nouncement that only the New GPC had been selected to supply drugs to the health sector for the 2014 to 2016 period, there have been formal protests by ANSA McAl and a court challenge of the decision by the International Phar-maceutical Agency (IPA).
IPA, in its court challenge, said that the decision was unconstitutional and is 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 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.
That matter is scheduled to be heard in the High Court later this month.
A source had pointed out that NPTAB now saying that it has not received Cabinet’s documents would nullify the court case brought by IPA and ANSA McAL’s protest.
“I don’t believe it at all that NPTAB has not received notice… They see this as the way to escape the litigation brought on them because he did say you can’t object to a contract not awarded,” the source stated.
