ZPPA ISSUES CLARIFICATION IN RELATION TO THE NEWS DIGGERS EDITORIAL OF THURSDAY, 13th OCTOBER, 2022
10 26 2022
ZPPA clarifies that it did not grant a ‘No objection’ in the tender for the supply and delivery of Health Centre Kits by Honey Bee Pharmacy at the Ministry of Health
ZPPA is concerned with the sentiments expressed in the News Diggers editorial of Thursday, 13th October, 2022 and would like to advise that:
Contrary to the claims alleged by the News Diggers Newspaper, ZPPA did not grant a ‘No objection’ in the tender for the supply and delivery of Health Centre Kits. The fact of the matter is that the Ministry of Health conducted a Limited Bidding in the aforementioned tender. Therefore, under such a procurement method the approvals authority was within the Ministerial Procurement Committee and therefore, did not require a ‘No objection’ from ZPPA. This was in line with section 29 of the Public Procurement Act No.12 of 2008 which provides that the objective of limited bidding is to obtain competition and value for money to the extent possible where the circumstances do not justify or permit the use of open bidding. Limited bidding may be used where:
a) the goods, works or services are only available from a limited number of suppliers; or
b) there is an urgent need for consulting services and engaging in open bidding would therefore be impractical.
Further, regulation 14(a) of the Public Procurement Regulations provides that a procuring entity may use limited bidding for goods, works and non-consulting services, where:
a) the goods, works and services are only available from a limited number of suppliers;
b) there is urgent need for the goods, works or services and engaging in open bidding would be impractical;
c) the requirement is of a specialised nature or relates to public safety or public security which makes open bidding inappropriate; or
d) open bidding has failed to secure an award of contract.
Ministry of Health may have relied on regulation 14(a) of the Public Procurement Regulations of 2011 for the aforesaid tender, thus the invitation of the bid to bidders on 3rd September, 2019. The tender closed on 13th September, 2019 and bids were received as follows:
1.Artemis Pharmaceuticals Limited;
2. Pharmanova(Z) Limited;
3. Mission pharma Zambia Limited;
4. International Drug Company Limited;
5. Kingphar Company Limited;
6. Honey Bee Pharmacy; and
7. Baxy Pharmaceuticals Limited.
From the seven (7) bids submitted three (3) were the best evaluated bidder:
1.Artemis Pharmaceuticals Limited;
2. Honey Bee Pharmacy; and
3. Pharmanova (Z) Limited.
Regarding the concerns of ZPPA as a regulator on this tender, the public is notified that ZPPA collaborates with other Government institutions such as the Anti-Corruption Commission (ACC), Office of the Auditor General, Drug Enforcement Commission, Financial Intelligence Centre (FIC), Smart Zambia Institute and Zambia Statistics Agency through Memorandum of Understandings on public procurement issues and relating to the said tender, ZPPA collaborated with ACC and FIC in the investigations.
Issued by:
Public Relations Unit