“The conditions have not been created for health to be able to buy a mask”

consultant Health of the Government of Navarre, Santos Indurainstated this Wednesday Navarro Health Service did not receive many masks due to the acquisition operation of the publicly traded company Sodena, in which CEN and Albyn participated “special conditions” did not occur This ensured that in the agreement signed between these three parties. “SNS had no contractual obligation to obtain this material,” the consultant reassured, citing the results of the three legal reports.

in one view Provincial Parliament at his own request and by demand Navarre totalInduráin, on May 7, 2020, Sodena-CEN-Albyn agreement to facilitate Access to PPE For the individual gains of SMEs, micro-SMEs and self-employed staff in Navarra for the development of their activities in the face of the challenges identified in the context of the pandemic, ” soda“.

The consultant stated Health “not a signatory party to the agreementhence its participation for practical purposes is very limited.” “In it, Osasunbidea, which logically has its own methods of collecting material, contains an addendum briefly describing its obligations regarding the surplus from the contract,” he explained.

In particular, “after each order is received, due to any extraordinary or exceptional circumstances, EPIS for sanitary use If SNS-O has not been communicated to companies and associations after purchase, it will acquire such PPE at the request of the parties to the contract in question, provided that certain conditions are met.

The conditions were: “commit only EPIS for sanitary useand not to other types of PPE that may have been acquired under the agreement”.

In addition, the purchase price of PPE for medical use by SNS-O will be the selling price of Albyn Medical; SNS-O, EPIS for sanitary use and continue to pay the corresponding invoice issued by Albyn Medical; SNS-O has not committed to accepting surpluses due to voluntary resignations by companies or associations; and has not committed to receive more than 10% of the material for each order.

In short, Induráin stated that Salud did not buy. masks “For the SNS to hypothetically obtain some of this material, a number of special circumstances must have occurred that did not occur.”

Specifically, the consultant mentioned four elements that did not materialize. First, the “collection of extraordinary or exceptional circumstances that justifies non-transfer of PPE that has been acquired but not transferred in favor of companies and associations”. Second, let it be EPIS for sanitary use“; third, “not related to voluntary resignations from companies or associations” and, lastly, “to be informed to obtain a maximum of 10% of each request”.

Santos Induráin said, “This is as much as Health’s involvement in this issue, by the way, three legal reports The results of the companies Barley, Garrigues and Écija are in line with each other and states that “SNS is not committed to obtaining this surplus”.

The consultant noted that “the three reports converged in their conclusions: after evaluating the circumstances and their relevance in the addendum, SNS had no contractual obligation to obtain this material“.

Induráin added that the conclusion of one of these reports was literally “due to circumstances that occurred after a significant period of time had passed without any of the parties to the agreement formally requesting the purchase of SNS-O.” Part of it materialled to the interpretation of the parties’ will that SNS had no obligation to acquire stock in such a scenario as it occurred”.

The consultant drew attention to another result. legal reports SNS “any exceptional or extraordinary situation‘ and ‘the fact that businessmen eventually decide, for whatever reason, not to make purchases does not meet these requirements, but rather is a possibility that arises precisely from the operation of the contract, therefore it is something stipulated in the contract. It does not require a cause beyond the control of the parties.” “Therefore, this report concludes that SNS will not have any purchase commitments, we will in no way face an extraordinary circumstance to the normal evolution agreed upon in the contract,” he assured. .

Spokesperson of Navarra Suma, Cristina IbarrolaGovernment members “very more worried about avoiding responsibilities “They made an agreement for the purchase of sanitary supplies, they knew the suppliers, the material, the prices, and under these circumstances Health agreed to sign the agreement and keep all the surplus for sanitary use, and so it appears in all drafts of the deal, Sodena quoted in a press release, but finally Salud, without leaving a written mark on it, declared that he no longer signed the agreed-upon terms. This decision conditions all subsequent failures. It is noteworthy that masks, which are piled up in a warehouse, are not used, while health buys others with everyone’s money and at a higher price than what is left. ” said.

PSN spokesperson, Ainhoa ​​Unzuexpressed”The Ministry of Health has absolutely no responsibilitywe must value a signed contract between the parties, and not a liability that was never fulfilled because it was not signed, we are talking about a contract signed between three parties—Sodena, CEN, and Albyn—not between four parties”. an addendum that includes a commitment to purchase itself with properties that were never given “The three legal reports reveal that Health has no responsibility in this case,” he said.

On the contrary, Geroa Bai’s spokesperson, Mikel Asiaargued”Health should not be taken out of the equationbecause the agreement between Sodena, CEN and Albyn is exactly the same as the previous agreement signed between Salud, Sodena and other companies for the purchase of materials. “One cannot be held responsible, the other is not”. He also questioned why Health “doesn’t even get 10% of the masks”, considering that supplies are always needed in Health. “But we wonder if it’s moral and ethical,” he said.

EH Bildu spokesperson, Adolfo Araiz“a great doubt or dark field, in relation to health participation “In the agreement- and to what extent the initial approach to Health’s responsibility for overstocking has become a diminishing responsibility in a matter of days and with no documentary trace of why,” Araiz pointed out. “These masks are parked, It is not understood that the mask requirement in public transport continues and we cannot give them a way out,” he said.


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