[e-drug] Evaluation of procurement bids - caveat emptor?

["Murtada Sesay" <msesay@unicef.org>]

E-DRUG: Evaluation of procurement bids - caveat emptor?
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Dear e-drug friends,
During a recent Technical Evaluation of Bids for medicines, I requested a
pre qualified bidder to send me Certificates of Analysis for two Active
Pharmaceutical Ingredients (API) that I was missing. I was puzzled, as this
was the first such experience, to note the following comments at  the
bottom of certificates of analysis for the two ingredients from the same
supplier (European):

   "The buyer is responsible to test each batch, to ensure the product is
   suitable for their specific purpose"
   "All information is given in good faith but is provided without any
   guarantee and warranty"

To compound my puzzle further, these raw materials were procured by our
bidding finished product manufacturer through a local trade agent of the
API manufacturer. When I contacted the bidder for some clarification, I got
the following response:

   " API manufacturer ... does not guarantee product - it is their
trade/company policy. As a buyer, we cannot change their policy rather than
completing every possible analysis before purchasing ..."

The question on my mind, therefore is;  when we evaluate technical
documents during procurement of pharmaceuticals, are we only to look at
data rather than the legal consequences of such data being true or false?

I will also use this opportunity to remark, based on my own day-to-day work
with technical evaluation of bids,  that as more and more countries expand
their capacity to do their own national or regional procurement, it is very
important that attention be paid not only to "check listing" for supporting
documents, but also to going deeper into and behind the data, including
fine print! -

I would appreciate comments especially on the legal aspects of submitted
documentation.

In the meantime, I remain concerned that the age old legal adage seems be
caveat emptor - let the buyer beware!!

Murtada M. Sesay
Technical Officer (Pharmaceuticals)
UNICEF Supply Division

Tel: +45 3527 3098
Mobile: +45 28 23 28 07
E-mail: msesay@unicef.org
Web: www.unicef.org/supply