Official Gazette of the Argentine Republic – Ministry of Health

Administrative Decision 749/2023

DECAD-2023-749-APN-JGM – Open Bid No. 80-0079-LPU22.

City of Buenos Aires, September 6, 2023

See Document No. EX-2022-140380047-APN-DCYC#MS, Decree No. 1023 of August 13, 2001 and No. 1030 of September 15, 2016 and their respective amendments and supplementary provisions, and

considering:

Pursuant to the Ministry of Health Resolution No. 588 of March 28, 2023, the public tender No. 80-0079-LPU22 is approved for the procurement of reagents for the monitoring and diagnosis of HIV and sexually transmitted infections. The HIV, Sexually Transmitted Infections, Viral Hepatitis and Tuberculosis Response Directorate of the above Ministerial Portfolio and the specific basis and conditional table governing the above call have been approved.

The procurement process has been disseminated in the State Administration’s electronic procurement system called COMPR.AR.

The Witness Price Administration of the National Public Affairs Office (SIGEN) prepared the corresponding Witness Price Technical Report and processed it through Work Instruction No. 251/23, informing that no market prices for items 1, 4, 7, 8 were detected, 9, 10, 11, 12 and 13, and the reference values ​​in lines 2, 3, 5 and 6, in terms and scope according to SIGEN Resolution 36/17 and its amendments.

The intervention of the National Agency for Medicines, Food and Medical Technologies (ANMAT), a decentralized agency operating within the Ministry of Health, was effective.

The Argentine National Procurement and Supplier Development Program of the Secretariat of Industrial and Productive Development of the Ministry of Economy has intervened in accordance with Article 8 of Law 27,437.

According to the opening act of April 21, 2023, offers from the following companies have emerged: MEDI SISTEM SRL for Line 1, WM ARGENTINA SA for Lines 1, 2 and 4, CROMOION SRL for Line 2 (alternative 1 and 2) and 6, PRO MED INTERNACIONAL SA is in charge of line 3, BIOARS SA and TECNOLAB SA are in charge of line 4, ABBOTT RAPID DIAGNOSTICS ARGENTINA SA is in charge of line 5, 8, 10 and 13, MONTEBIO SRL is in charge of line 8, LABORATORIOS BRITANIA SA Responsible for Line 9 and BECTON DICKINSON ARGENTINA SRL for Lines 11, 12 and 13.

No offer for Line 7 has been received.

From the corresponding technical report prepared by the Department of HIV, Sexually Transmitted Infections, Viral Hepatitis and Tuberculosis Response, Ministry of Health, it can be seen that the quotations of the following companies are: MEDI SISTEM SRL for line 1, WM ARGENTINA SA for Lines 1, 2 and 4, CROMOION SRL for lines 2 (alternatives 1 and 2) and 6, PRO MED INTERNACIONAL SA for line 3, BIOARS SA and TECNOLAB SA for line 4, ABBOTT RAPID DIAGNOSTICS ARGENTINA SA for line 5 , LINES 8, 10 AND 13, MONTEBIO SRL FOR LINE 8 AND BECTON DICKINSON ARGENTINA SRL FOR LINES 11 AND 12 TECHNICALLY COMPLY WITH THE SPECIFICATIONS OF THE SPECIFIC TERMS AND CONDITIONS GOVERNING THIS CALL.

Likewise, the above-mentioned Department informed that the quotations offered by LABORATORIOS BRITANIA SA for Line 9 and BECTON DICKINSON ARGENTINA SRL for Line 13 did not comply with the technical conditions required in the Tender Terms and Conditions.

In order to align the quotation with the price estimated by the requesting unit and the price reported by SIGEN, the Quotation Evaluation Committee of the Ministry of Health requests the bidding companies: WM ARGENTINA SA and MEDI SISTEM SRL, both for this line 1, PRO MED INTERNACIONAL SA for line 3, ABBOTT RAPID DIAGNOSTICS ARGENTINA SA is in charge of lines 5, 8, 10 and 13, CROMOION SRL is in charge of line 6, BECTON DICKINSON ARGENTINA SRL is in charge of lines 11 and 12, the price has been increased and received good response from the above suppliers, but 8 Lines 1 and 13 are not from the company ABBOTT RAPID DIAGNOSTICS ARGENTINA SA.

Despite the improvements made by the aforementioned companies, these prices are still higher than the requesting unit’s estimated price and the price reported by SIGEN.

Accordingly, the Department of HIV, Sexually Transmitted Infections, Viral Hepatitis and Tuberculosis Response of the Ministry of Health has since updated the Realized Reference Unit Price (PUR) to June 2023 and the Reference Value SIGEN informed in its Work Order No. 251/23 that, given the Below the updated reference unit price (PUR), it proposes to accept bid improvements for lines 1, 10, 11 and 12.

Regarding line 3, the above distribution reports that the reference value indicated by SIGEN is not comparable, corresponding to the comparison between the improved price of this line and the unit price updated to June 2023, observing that it is 16 lower than the updated Percentage of the Reference Unit Price (PUR).

With regard to rows 5, 6, 8 and 13, the HIV, STI, Viral Hepatitis and Tuberculosis Response Bureau of the above-mentioned Ministerial Portfolio does not recommend proceeding with the acquisition as these offers were made due to large deviations from the reference prices mentioned above.

The tender evaluation committee of the above-mentioned ministries, based on the preliminary administrative and technical analysis and the documents contained in the corresponding documents, signed the evaluation opinion on July 13, 2023, recommending that the company be awarded an effective and convenient offer: MEDI SISTEM Line 1 (part) is WM ARGENTINA SA, Line 3 is PRO MED INTERNACIONAL SA, Line 4 is BIOARS SA, Line 10 is ABBOTT RAPID DIAGNOSTICS ARGENTINA SA, Line 11 is BECTON DICKINSON ARGENTINA SRL and Line 12.

Likewise, in the above evaluation opinion, it is recommended to reject the offers of the following companies: ABBOTT RAPID DIAGNOSTICS ARGENTINA SA for Lines 5, 8 and 13, TECNOLAB SA for Line 4, CROMOION SRL for Line 2 (alternatives 1 and 2) Line 6 and WM ARGENTINA SA for Line 4 due to economic inconvenience; BECTON DICKINSON ARGENTINA SRL for Line 13; LABORATORIOS BRITANIA SA for Line 9 because it was not technically adjusted into the Tender Terms and Conditions Conditions stipulated; MONTEBIO SRL is in charge of Line 8 because the Offeror has not complied with the necessary administrative requirements.

The Procurement and Contracting Bureau of the above-mentioned ministries and commissions reported that there were no doubts about the above-mentioned bid evaluation report.

For all the above cases, it is appropriate to approve the selection procedure carried out in the Public Tender No. 80-0079-LPU22 of the Ministry of Health and to adjudicate based on the above recommendations, declaring that line 7 is null and void, stating that offers have not been received, and that lines 5, 6 Lines , 8, 9, and 13 fail because no valid and appropriate quotes were received.

The Ministry of Health’s Directorate General of Budgetary Planning and Control and the Directorate General of Legal Affairs have intervened with powers.

The measure was enacted pursuant to the powers conferred by Article 100, Paragraphs 1 and 2, Article 35 b) of the National Constitution and its Annex to the Financial Management and Information Systems Act Regulation. Public Sector No. 24,156 and its amendments, approved by Decree No. 1344 of October 4, 2007 and its amendments and Article 9 d), e), f) and g) of the Regulation on the National Procurement System Approved in 2016 Approved by Decree No. 1030 of September 15 and its amendments and supplementary regulations.

therefore,

head of cabinet

Decide:

Section 1.- Approval of the Public Tender No. 80-0079-LPU22 of the Ministry of Health for Tuberculosis under HIV, Sexually Transmitted Infections, Viral Hepatitis and the aforementioned Ministerial Affairs.

ARTICLE 2.- REJECTION OF ABBOTT RAPID DIAGNOSTICS ARGENTINA SA COMPANY FOR LINES 5, 8 AND 13, TECNOLAB SA FOR LINE 4, CROMOION SRL FOR LINES 2 (ALTERNATIVES 1 AND 2) AND 6, WM ARGENTINA SA FOR LINES Quotation for Line 4, BECTON DICKINSON ARGENTINA SRL for Line 13, LABORATORIOS BRITANIA SA for Line 9 and MONTEBIO SRL for Line 8, for reasons stated in the description of the measure.

Section 3 – Line 7 Public Bid No. 80-0079-LPU22 is declared void.

Section 4: Lines 5, 6, 8, 9 and 13 of Ministry of Health Public Tender No. 80-0079-LPU22 are declared unsuccessful.

Section 5.- Public tender No. 80-0079-LPU22 of the Ministry of Health is in favor of these companies, the specific amount and the total amount are as follows:

arrive. MEDI SISTEM SRL (CUIT No. 30-66165826-2): Thirty-one thousand nine hundred and forty-nine (31,949) units for line 1 (part) totaling 561 million pesos 250-5430 One twenty-seven cents ($561,255,431.27).

b. WM ARGENTINA SA (CUIT No. 30-68617257-7): Line 1 (partial) for Thirty One One Sixty Three (30,163) Units, Line 2 for Seventy Six Thousand One Hundred Twenty Eight (76,128) units for a total amount of 560,123,567 pesos 123,0567 ($560,123,567).

c. PRO INTERNATIONAL MED (CUIT N° 30-65096413-2): Line 3 for four hundred and thirty-two (400,032) units, with a total amount of 327,534,200 pesos and 64 US dollars cent ($327,534.200.64).

d. BIOARS SA (CUIT No. 30-68999191-9): One thousand seven hundred and twenty (1720) units of Line 4 for a total amount of eight million pesos nine hundred and eighty thousand three hundred and forty-eight ($8,928,348).

and. ABBOTT RAPID DIAGNOSTICS ARGENTINA SA (CUIT No. 30-65727746-7): Thirty-five thousand (350,000) units in the 10th line for a total amount of three hundred and forty-three million pesos thirty-five thousand (US$343,035,000).

F. BECTON DICKINSON ARGENTINA SRL (CUIT No. 30-70047365-8): 21,360 (21,360) units for line 11, 11,400 (11,400) units for line 12, total amount of 260 pesos – six million eighty-nine thousand and seven thousand One hundred sixteen and eighty cents ($266,819,716.80).

Section 6.- A total of 20.7 million pesos 67 million 960002263 71 cents (2,067,696,263.71 US dollars) will be included in the Ministry of Health’s current budget item exercise.

Article 7: The Department of Procurement and Contracts of the Ministry of Health is hereby authorized to execute the relevant purchase orders.

SECTION 8: The Secretary of Health is hereby empowered to grant extensions, reductions, suspensions, settlements, rescissions, declarations of expiry and imposition of penalties on successful bidders and/or co-contractors, and to sign any other Act conferred by this Act on public tenders No. 80- 0079-LPU22 related.

SECTION 9.- Please be informed that you have the option to file a reconsideration appeal against this letter within ten (10) business days of notification or to file a direct level appeal within fifteen (15) days of Articles 84 and 90, in both cases, are within working days of notification to the authority issuing the conduct in question. Decree No. 1759/72 – until 2017.

Article 10.- Communication, publication, submission to the National Official Register and archiving.

Agustín Oscar Rossi – Carla Vizzotti

and. No. 71459/23 of September 8, 2023 September 8, 2023

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