Article 1:
This law is called (The Joint Procurement Law of Medicines and Medical Supplies for year 2002) empowered effective the date determined by the council of Ministers.
Article 2:
The following wordings and expressions wherever stipulated will have the meanings tailored for them unless the text indicates otherwise:
Prime : Prime Minister.
Board : The JP Board of Directors formed under the rules of this law.
Department : the JPD founded under the rules of this law.
Director : The Department Director general.
Committee : The JP tenders committee formed under the rules of this law.
Medicine : Every item or group of items used in diagnosing diseases afflicting humans or curing them or relieving their pains or prevention against them.
and every item or set of items other than foods that have an affect on the construction of human body or any of its functions.
Medical Supplies: any medical supplies determined by the council.
Article 3:
For the purposes of this law, the JP expression means (procurement of medicines & medical Supplies) to the parties stated in article (4) of this law to cover the kingdom requirements of these items particularly providing the main basic medicines.
Article 4:
The rules of this law are applicable to all PJ operations performed jointly by Ministry of Health, Royal Medical Services Department, and the official Jordanian Universities Hospitals, and any other party approved by the board.
Article 5:
A department will be established under the name (JPD) related under the Prime Minister and situated in Amman city.
Article 6:
This department assumes the responsibility of the JP in accordance with this law. For this purpose the department assumes the following powers:
A- organizes the JP procedures , participating terms, method of offers study ,decisions of awarding procurement , concluding related contracts , and the follow up of execution.
B- Prepares and verifies samples and documents of invitation of any tender deigned to the JP as well as the advertisement, and makes sure of their attachments.
C- Determines securities to be provided by bidders and contractors together with actions supposed to be taken in case they failed to fulfill their consequential obligations.
D- Follows up clearance procedures via-a-vis procured items.
E- Maintains entries, records, files, and samples related to procurements operations.
F- Maintains incoming supplies and stores them to concerned parties as per submitted requests.
G- Conducts necessary studies for the purpose of developing the JP operation including the maintenance of the approved specifications of the procured items.
H- Conducts training courses and seminars for the purpose of developing the department workers skill in cooperation between the participant parties in the JP.
I- Concludes the JP contracts agreed upon with any party.
J- Sets principles and conditions for the sake of accepting the participation of the manufacturing companies and suppliers in JP tenders.
Article 7:
A - A board of directors to the JPD will be formed presided by the Prime Minister or by a minister delegated by him, and by the membership of:
- Minister of Healthy –vice president.
- Minister of Finance.
- Director of the Royal Medical Services.
- The Director.
- The Jordanian University Hospital Director General.
- The Founder King Abdullah University Hospital Director General.
- The Director of any hospital will be established at any of the official Jordanian Universities.
B- The board of directors assumes setting up the JP General Policy and approval of the plans and programs required for this purpose, and any other duties entrusted to it in accordance with the rules of this law.
Article 8:
A - The director general is assigned by the council of ministers resolution upon a recommendation of the chief of board of directors provided the resolution should determine his salary and all other his financial rights. In the same method his services will be terminated.
B - Assignment of a vice president may be achieved by the resolution of the council.
C - The director assumes the following duties and authorities:
- Manages the JP operations and supervise their implementation for the purpose of securing the needs of parties governed by the rules of this law.
- Issues necessary instructions for the purpose of preparing lists of items required to be purchased in a joint form including special medicines.
- Organizes requests incoming from the parties participating in supplies offers.
- Prepares the JP items table and determines a time table for procurement dates.
Article 9:
A- The following admin units will be established under the department, the head of each unit works under the department, the head of each unit works under the director:
- Procurement Unit.
- Trust warehouse Unit.
- Financial & Admin Affairs Unit.
- Interior Control Unit.
- Legal Affairs Unit.
- Public Relations Unit.
B- The board, upon recommendations of the director, may establish any new unit or cancel any unit, or merge it with another.
Article 10:
A. Under the department a committee will be constituted in the name of (JP Tenders Committee) presided by an experienced person in supplies wise assigned by the prime minister and the membership of:
- A representative of Ministry of Finance very well informed and experienced in supplies affairs nominated by Minister of Finance.
- A pharmacist from Ministry of Health nominated by Minister of Health.
- A pharmacist from the Royal Medical Services nominated by the Royal Medical Services Director.
- A representative experienced and well informed in medical supplies field from each of: The Jordanian University Hospital , The Founder King Abdullah University Hospital , and from any hospital established at any official Jordanian University , nominated by the concerned university president.
B- Membership duration is two years renewable for one time. The party concerned in recommending nominees may terminate the membership of any of them and assign his replacement for the reminder period of his membership.
C- In the event of any committee members absence, the party concerned in nominating members may nominate another replacement to take part in the committee meetings.
D- The members stipulated in the above mentioned items (1), (2) , (4) of part (a) of this article should be of the second rank at the least , and the Royal Medical Services Rep. should be not less than a colonel.
E- The board, by virtue of the director nomination, assigns the committee secretary general who takes care of the meeting invitations, their records, writing down their decision, and pursuit implementation.
Article 11:
A - The committee holds a meeting once a month or whenever need exists by an invitation of its chief. Meeting is considered legal by the presence of all members. Decisions are taken unanimously or by the majority of two thirds.
B - The committee chief may constitute technical committees, asks every party taking part in the JP to name their representative / representatives in order to study any tender and submit recommendations to the committee in this respect.
C - The committee may seek cooperation from any of the experts and technicians to utilize their knowledge and experiences upon studying and evaluating tenders offers.
Article 12:
A - The department has its own cadre assigned in accordance with the applicable civil service law.
B - With consideration to the applicable valid regulations, the director has to coordinate with parties participating in the JP for the sake of utilizing human sources working for them, thru delegating or tasking competent employees required to the department in the field of supplies and procurements without the prejudice of any privileges allowed to them as per these regulations and legislations.
C - the department should coordinate with parties taking part in the JP in order to utilize facilities such as stores, warehouses, premises to be used within the limits of this law needs.
Article 13:
The JP operations are preformed by interior and exterior tender invitation, provided procurement may be implemented by either following methods:
A- by offers invitation, in emergency situations, for any of the JP items unpredictable or unexpected, un deferrable for the sake of the tender invitation.
B- Direct procurement by negotiation with sellers or products or suppliers in any of the following cases:
- In case items are needed to encounter emergency that don’t allow to follow tender invitation procedures or offers invitation thru the council resolution.
- In case it became impossible to get to required items except from one source.
Article 14:
Competition principles should be taken into account in all JP operations whenever possible.
Article 15:
Parties taking part in the JP may exchange drugs and medical supplies amongst themselves or loaning them within regulations issued by the chief based upon the director's recommendations in this respect.
Article 16:
It is possible – under the prior consent of the council /board for each procurement operation – to obtain the JP items directly from outside the kingdom, by means of a committee representing all parties taking part in procurement provided that one or more employees of the Jordanian mission employees should share in day procurement operation, in the country of origin named by the mission chief in each of the two following cases:
A- If not available in the kingdom and procurement by correspondence is not possible.
B- If direct procurement from abroad is useful to the department.
Article 17:
The director general sets up tender invitation and determine tender invitation documents price in appropriate with the tender estimated value, preparation and typing invitation and attached documents, and the bid value , provided that he may distribute invitation free to the authorized Arab & foreign commercial attaches in the kingdom as well as the governmental parties and parties the board deems it necessary to provide them with seeking for public interest.
Article 18:
The director should provide the committee resolutions to the board for approval and signature within a period not exceeding fifteen days after submittal. Those resolutions won't be valid prior to approval and authentication.
Article 19:
The director, based upon tenders committee recommendation to entrust any committee or authorized body or competent company to conduct testing the JP items concluded for purchase prior to shipment to assure their conformity with the tender invitation terms and specifications. Those conducting the test will be indemnified as per principles and procedures set by the board.
Article 20:
Shipment and supply of all medicines and medical supplies will be effected in the name of the department either from inside the kingdom or from abroad.
Article 21:
A - For every procurement operation, a recipient committee will be formed consists of two representatives equally nominated from parties taking part in the JP. The committee duty is to receive items incoming to the department from supplier or contractors. The committee may – for this purpose- seek cooperation from technicians and experts if necessary.
B - The recipient committee members must be experienced and professional and never participated in the procurement committees.
Article 22:
The department receives the JP items, on permanent basis , upon arriving at the supply site as a trust until finally received by the receiving committee.
Article 23:
A – The recipient committee must observe the following measures:
- The supplied items within three weeks of arrival date after verifying the supplied items specifications and documents and making sure they are in conformity with the award decision terms.
- Prepare a statement of the supplied items indicating the extent of their conformity with specifications and terms. A copy of the statement will be delivered to the supplier and to competent store keeper at every participating party in the JP to be considered as an acceptance or rejection notification.
B – In case a difference in points of view arises between the recipient committee members, a report in this respect will be submitted to the director to take the appropriate action within two weeks of the reporting period. For the sake of this purpose, the director may see cooperation with any appropriate experience, and the issued resolution in this regard will be final.
C – 1- If the recipient committee decided to refuse receiving the supplied items for violating terms and specifications. The contractor supplied the items may submit an objection, to the director, about the recipient committee decision within seven days of the contractor receiving date to the receiving statement. The director should transfer the objection to the tenders committee to take the right decision in this concern within seven days of the awarding date. The tenders committee resolution either by consent or rejection will be final. 2- Items rejected according to the stipulations of item (1) of this clause are considered as items in trust case until delivered to the supplier.
D - The rejected items contractor transport them on his own expense within fifteen days of his transport notification otherwise health or security needs necessitate transporting them or dispose them prior to this deadline.
In the event the supplier failed to implement this action it is considered that he waivers them to the department. The department may ask him to pay transport and disposal expenses if necessary. In case the subject item cause possible risks against environment it should be returned to the original source at the contractors expense.
Article 24:
A – Supplied items will be entered in the warehouse records right after the committee receives them on condition they will be supported actually with the following documents:
- Turn in document.
- Delivery statement and the local procurement request.
- Bill and shipping policy.
B - Items will be kept in the trustees warehouse in order to be safe and ready for delivery to all participant parties in the JP provided that it must be put into account the nature of each type of these items upon storing.
Article 25:
The turn in documents issued by the warehouse where from these items were transported to the participant party, should be supported by turn out documents which were transported from the trusties warehouse.
Article 26:
All types of records, forms, and necessary statement and records pertaining the department works are determined by the director's resolution in appropriate with applicable techniques adopted in managing supplies and warehouses.
Article 27:
A - In exception to cases stipulated in this law, every other party taking part in the JP must manage, control, and maintain items and supplies belonging to them after receiving them as per approved principles related to supplies as applicable.
B - Without the prejudice of items stipulated in this law, the royal medical services of the Jordanian Armed Forces may purchase their needed medicines and medical supplies to meet emergency requirements in accordance with applicable military supplies regulations.
C - Should any un-adoptable case arise under this law it should be presented to the board in order to take the appropriate decision in that concern.
D - The chief, upon the director recommendation, may award a financial bonus to any expert or consulted technician for cooperation or to any employee in the department under this law provided the bonus amount should be determined together with method of payment.
Article 28:
A - The board issues necessary instructions in respect of applying this law including the following:
- Organization of the JP procedures and taking part condition in its offers, study method, and the related awarding decisions.
- Securities to be submitted by bidders and contractors and their obligations whenever they fail to commit with their offers or implement awarding contractors concluded with them.
- The mechanism required to transfer the financial liquidation by any party stipulated in article (4) of this law to the central bank who pay the value of the tender to the companies.
B – Directives and instructions issued under these regulations should be published in the official gazette.