Official Gazette of the Argentine Republic – Ministry of Health

City of Buenos Aires, November 22, 2023

Viewed Document No. EX-2023-25457843-APN-DCYC#MS, Decree No. No. 1023 of August 13, 2001 and No. 1030 of September 15, 2016 and their respective amendments and supplementary provisions, and

considering:

In accordance with Ministry of Health Resolution No. 1398 of July 4, 2023, public tender No. 80-0010-LPU23 was approved for the procurement of anti-hepatitis A vaccine in pediatric demonstrations. Adults, upon request by the Agency for Immunization and Disease Control of the above-mentioned ministerial department, and specific bases and conditions governing the request have been approved.

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

The witness price management unit of the State Office prepared a technical report on witness prices, processed through work order No. 541/23, and reported witness prices for all lines; in compliance with the provisions of SIGEN Resolution 36/17 and its amendments and scope.

What is the role of the intervention of the National Agency for Medicines, Food and Medical Technologies (ANMAT), a decentralized agency operating within the Ministry of Health?

It can be seen from the opening minutes of July 28, 2023 that offers have been received from the companies SINERGIUM BIOTECH SA, GSK BIOPHARMA ARGENTINA SA and MSD ARGENTINA SRL, in each case for Lines 1 and 2.

The Agency for Immunization and Prevention and Disease Control of the Ministry of Health has prepared a corresponding technical report, from which it can be seen that the proposed offer technically complies with the specifications of the specific basis and conditions document governing this call.

In view of the bidders’ offers, the Argentine National Procurement and Supplier Development Program of the Secretariat of Industrial and Productive Development of the Ministry of Economy has initiated an intervention to evaluate the Implementation Plan of the Production Cooperation Agreement (ACP), in compliance with Article 10 of Law No. 27,437 and its Supplements and amending regulations.

The above-mentioned national offices consider that the ACP proposals of the companies GSK BIOPHARMA ARGENTINA SA and MSD ARGENTINA SRL do not comply with the provisions of Articles 9 and 10 of Law No. 27,437 and its supplementary and amending regulations, and therefore will not be considered in this bidding process.

In response to the discrepancy between the quoted price and the value shown by the National Office, the Quotation Evaluation Committee of the above-mentioned ministries promoted the relevant price improvement mechanism through the electronic contract system of the National Administration, called COMPR.AR Line 2 with the signature of SINERGIUM BIOTECH SA, and received favorable reviews.

Therefore, the above-mentioned Tender Evaluation Committee of the Ministry of Health, based on the preliminary administrative, economic and technical analysis and the documents contained in the corresponding documents, signed the evaluation opinion on October 4, 2023 and recommended the award of the valid and corresponding to the company SINERGIUM BIOTECH SA Appropriate quotes for Line 1 and Line 2.

The above-mentioned evaluation committee recommends the rejection of GSK BIOPHARMA ARGENTINA SA’s offer for Lines 1 and 2, since it does not meet the acceptance requirements of Law No. 27,437 and its supplementary and amending regulations, and in the case of Line 2, does not meet the economic convenience MSD The company ARGENTINA SRL’s offer for Lines 1 and 2 does not comply with the admission requirements of Law No. 27,437 and its supplementary and amending regulations and is not officially registered in the Supplier Information System (SIPRO) that manages COMPR.AR platform.

The above-mentioned Ministerial Procurement and Contracts Bureau reported that it had no objection to the above-mentioned bid evaluation opinions.

In view of the above, it is appropriate to approve the selection process carried out in the Ministry of Health Public Tender No. 80-0010-LPU23 and award it in the manner stated above.

The General Directorate for Budget Planning and Control of the Ministry of Health and the General Directorate for Legal Affairs have intervened within their competences.

The measure was promulgated in accordance with the powers granted by Article 100, paragraphs 1 and 2, and Article 35, paragraph b) of the National Constitution and its Annex to the Regulations on the Financial Management and Sectoral Control System Act (National Gazette No. 24,156) . Article 9 d) and e) of the Regulation on the State Administrative Contract System, as approved by Decree-Law No. 1344/07 and its amendments, and its annexes, as approved and supplemented by Decree-Law No. 1030/16 and its amendments.

therefore,

prime minister

Decide:

Article 1.- Approval of the selection procedure carried out in the public tender No. 80-0010-LPU23 of the Ministry of Health for the procurement of vaccines against hepatitis A for children and adults against the above-mentioned ministerial diseases at the request of the Directorate of Immunization and Prevention Control.

Article 2.- In the public tender of the Ministry of Health No. 80-0010-LPU23, the quotation 50340307- corresponds to the company GSK BIOPHARMA ARGENTINA SA (CUIT No. 30-71526879-1) and MSD ARGENTINA SRL (CUIT No. 30-) 9), for lines 1 and 2 in both cases, the reasons for which are listed in the narrative of the measure.

Article 3.- Public tender No. 80-0010-LPU23 of the Ministry of Health awarded Line 1 to the company SINERGIUM BIOTECH SA (CUIT No. 30-71172048-7) for the amount of six hundred and sixty thousand (660,000) doses, line 2 indicates five Ten Thousand (50,000) doses for a total amount of US$6,935,000 (US$6,935,000).

Article 4.-The total value of the above contract is six million nine hundred and thirty-five thousand dollars ($6,935,000) and will be included in the Department of Health’s fiscal year 2023 and 2024 budget line items.

Article 5 – The Minister of Health shall have the authority to approve extensions, reductions, extensions, resolutions, terminations, declarations of expiration and actions against the successful bidder and/or co-contractors arising from this act, as well as the renegotiation and execution of any other action related to the execution of the contract.

Article 6 – The Department of Procurement and Contracts of the Ministry of Health has the authority to sign relevant purchase orders.

Article 7 – Please be advised that you may appeal this document for reconsideration at your option within ten (10) working days of receipt of notification, or by filing a direct tiered appeal within fifteen (15) days. In accordance with the Administrative Procedure Sections 84 and 90 of the Ordinance provide that in both cases the business shall be notified by the authority issuing the act in question. Decree No. 1759/72 – until 2017.

Article 8.- Communication, publication, submission to the official state registry and archiving.

Agustín Oscar Rossi – Carla Vizzotti

and. No. 95420/23 November 23, 202311/23/2023