Decree 24 issued by the Government on February 27, 2024, detailing a number of articles and measures to implement the Bidding Law 22/2023/QH15 on contractor selection, is assessed to have removed many obstacles and difficulties in the issue of drug procurement, especially medical supplies and equipment.
Speaking to the press, Dr. Pham Thanh Viet, Deputy Director of Cho Ray Hospital, Decree 24 has synthesized many previous legal documents and has immediately resolved and freed up difficulties in bidding for medical facilities that had previously encountered because there were no guiding documents.
According to Dr. Pham Thanh Viet, Decree 24 continues the instructions of Resolution 30 dated March 4, 2023 of the Government on continuing to implement solutions to ensure medicine and medical equipment and even expand further.
Accordingly, the purchasing is very open, the previous mechanism required 3 quotes, but now only 1 quote is given; previously the lowest price had to be taken, but now even the highest price is given...
"Currently, the hospital is speeding up the procurement of drugs, consumables, and medical equipment so that they can be purchased as soon as possible, but the process of running a procurement takes several months," said Dr. Viet.
Testing at Cho Ray Hospital
Only buy chemicals and supplies, no machine rental
Regarding the form of selecting contractors to supply chemicals and medical equipment, according to Dr. Viet, Decree 24 allows medical examination and treatment facilities to select contractors to supply chemicals, testing supplies, and medical equipment in one of the ways prescribed in Clause 1, Article 55 of the Bidding Law 22/2023/QH15 suitable to the unit's operations.
Firstly, select a contractor to implement the package of supplying chemicals and testing materials and the winning contractor is responsible for providing medical equipment to use those chemicals and testing materials according to the investor's requirements. The contractor does not transfer ownership, only transfers the right to use the medical equipment to the medical examination and treatment facility.
Second, the selection of contractors based on the number of technical services is specifically regulated in Article 93 of Decree 24. The contractor provides the investor with chemicals, testing materials, medical equipment, spare parts, accessories and related services to operate medical equipment according to the number of technical services requested by the investor and the inviting party in the bidding documents and request documents; does not provide personnel to operate medical equipment.
The contractor only transfers the right to use, not the ownership of, the medical equipment to the investor. The package price and the bid price are determined based on the expected number of technical services. The contract implementation period shall not exceed 5 years.
Get online shopping with limited value
Regarding the selection of contractors to supply chemicals and testing materials to operate existing medical equipment, the new Bidding Law and Decree 24 have added two new forms of contractor selection that the old Bidding Law did not have. Specifically, online bidding and online shopping.
Removing difficulties in bidding for purchasing drugs, supplies, and medical equipment for hospitals helps solve the problem of broken medical equipment that cannot be repaired.
Regarding online bidding, according to the provisions of Article 101 of Decree 24 on abbreviated online bidding, investors and bidding parties are required to specify the origin, code, brand, manufacturer, technical specifications of goods, delivery time, warranty and other necessary contents (if any) for bidding packages for the procurement of goods and provision of non-consulting services with a value of no more than 300 million VND for the procurement estimate.
For goods and services of bidding packages under the procurement estimate with a bidding package price not exceeding 100 million VND, the online procurement method specified in Section 3 of Decree 24 on the National Bidding Network System can be applied.
But according to Dr. Viet, bidding also depends on many other objective factors, such as no one participating in the bidding package, broken goods after the epidemic...
Doctor Viet also commented that the current bidding process is still a bit difficult. For example, when a new device is released, it will have outstanding features and only one company will have it, and other companies will do it later. However, building the technology for the new device will limit other companies, so the units are hesitant.
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