Executive Branch publishes amendments to the regulation on public procurement of medicines, including oncological medicines
2 febrero 2022


On February 2, the Executive Branch published, through the Official Gazette, amendments to the Regulations to the Organic Law of the National Public Procurement System regarding oncological medicines. The reforms aim to improve the process and conditions of public procurement, indicating that the National Public Procurement Service (SERCOP in Spanish) together with entities of the Integral Public Health Network (RPIS in Spanish) will be in charge of the selection of drug suppliers. They also mention that in the PUBLIC PROCUREMENT portal, there will be an electronic catalog through which purchase orders will be generated for the acquisition of health goods, in addition to showing the suppliers authorized by the State to participate in the bids. The text is already in force.

The text indicates that SERCOP signed agreements with those suppliers that are selected, which will establish the obligation to the suppliers to be included in the electronic catalog of public procurement according to the requirements stipulated in the identity, without constituting through this act the purchase of sanitary goods. Thus, once the supplier is listed in the catalog, acquisitions with the same may be made directly by means of purchase orders.

The reform also indicates that drug acquisitions will be subject during the process to quality, safety and efficacy controls in their respective places of manufacture, storage, transport and distribution, in addition to indicating that the suppliers must implement control mechanisms for the traceability of their drugs. On the other hand, the text mentions that contracting through international organizations or agreements for the procurement of drugs will follow the procedure established by such organizations or agreements, prioritizing them over national procurement processes.