Spanish
The General Directorate of Public Procurement (DGCP) reported this Friday that it accepted the investigation request presented by the company DHN Digital Health Network, S.R.L. and declared null and void the direct contracting carried out by the National Health Insurance (SENASA) with the company name Farmacard, S.R.L., for violating the provisions of Law No. 340-06 on Public Purchases and Contracting and its modifications.
Through a press release, the governing body informed that the results of the investigation showed that the contract signed does not fall within any of the exclusions provided for in article 6 of Law 340-06, and that the contracted service does not constitute a health service governed by Law No. 87-01 on Social Security, but rather a service of an administrative and technological nature.
The DGCP found that the procedure was carried out outside the regulations, violating essential principles such as legality, due process, equality, free competition, transparency and publicity.
"The DGCP's decision was based on the technical opinion of the Superintendency of Health and Occupational Risks (SISALRIL), which, in its role of ensuring strict compliance with Law 87-01 and its complementary regulations, as well as contributing to strengthening the National Health System, reported that it had access to the contract in question and verified that its object was not excluded from the application of Law No. 340-06 and its modifications," said the DGCP.
The institution revealed that SENASA previously consulted the law firm Biaggi, S.R.L. to determine the applicable regulations, receiving as a response that the hiring was not subject to Law 340-06. However, during the investigation it was proven that the same firm acted as legal representative of Farmacard, S.R.L. in a subsequent request before the DGCP, which evidences a relevant conflict of interest in the case.
By means of resolution RIC-0109-2025, the DGCP orders:
1. Cancel the direct contracting procedure and the signed contract.
2. Allow the current contract to remain in effect for a period of 70 business days to avoid affecting the continuity of service to affiliates, while SENASA convenes a competitive procedure in accordance with the law. The DGCP clarified that, for the purposes of the nullity of the contracting, the impact on the general interest was considered, which is why a reasonable period was granted to convene a contracting procedure in accordance with current regulations, which must be carried out through the Electronic Public Contracting System (SECP).
3. Follow up and support SENASA in the execution of this new procedure.
The Director General of Public Procurement, Carlos Pimentel Florenzán, reiterated that no institution that manages public funds can make direct contracts outside of the cases expressly excluded by law, as these practices harm the principles that guarantee transparency, free competition, and the efficient use of public resources.
The resolution, which is available on the DGCP's institutional website, was sent to SENASA, the parties involved, as well as the Comptroller General of the Republic, the Chamber of Accounts, and the Superintendency of Health and Occupational Risks (SISALRIL).
Finally, the DGCP reaffirmed its commitment to transparency and compliance with the law in all public procurement processes, in defense of the general interest and the correct administration of State resources.
