Senate extends waiver of bidding for purchase of vaccine against Covid

The Senate approved this Tuesday (16) a provisional measure that extends exceptional definitions for the signing of contracts related to vaccination against Covid-19, including the waiver of bidding and authorization for advance payments.

In addition, the permission to purchase vaccines before the definitive registration of Anvisa (National Health Surveillance Agency) is also extended.

The proposal was symbolically approved by the senators. It now proceeds to the sanction of President Jair Bolsonaro.

The provisional measure changes the legislation approved this year, which provides exceptional rules for the contracting of products and services related to vaccination during the new coronavirus pandemic.

The original legislation provides that these conditions would apply to “acts practiced and to contracts or similar instruments” signed up to July 31 of this year, regardless of their execution term or their extensions.

The MP rewords the legislation, expanding the scope of exceptional measures. Now they apply to contracts and other instruments that are signed “while the declaration of public health emergency of national importance lasts”, the text states.

The legislation, whose deadlines were changed by the provisional measure, allows the direct and indirect public administration to sign contracts with no need to bid for the purchase of vaccines and supplies intended for immunization against Covid-19, for logistics, information technology services and communication, training, and other services necessary for the national immunization plan.

In addition, this legislation also provides authorization for possible advance payment in contracts for the purchase or supply of vaccines against Covid-19, signed after or even before the issuance of the registration or authorization for emergency use granted by Anvisa (National Health Surveillance Agency ).

Legislation providing for exceptional contracting measures was at the center of the debate regarding the purchase of the Indian vaccine Covaxin, during Covid’s CPI.

The law, which is also the result of another provisional measure, in this case 1,026, also grants exceptional and temporary authorization for Anvisa to import and distribute vaccines against Covid-19, in addition to giving approval for the emergency use of any vaccines and medicines against the disease.

Provisional measure 1026 listed a series of international health agencies from which Anvisa would be authorized to recognize records and thus release the import and distribution of vaccines. Among them were the health agencies of the United States, the European Union, Japan, China, among others.

During its processing, the government leader in the Chamber of Deputies, Ricardo Barros (PP-PR), presented an amendment to include the Indian health authority in this list. The measure would have facilitated the importation of Covaxin, in a deal brokered by the Brazilian company, Need Medicines.

Barros was investigated by the commission for having acted in favor of Need Medications. The final report by senator Renan Calheiros (MDB-AL) recommended the indictment of the deputy, among other crimes, for administrative advocacy. Barros has always denied wrongdoing.