The Public Procurement Authority (AMP) was forced Friday afternoon by the Superior Court of Quebec to temporarily remove two health personnel placement agencies from its Register of companies ineligible for public contracts (RENA).
According to our information, the companies 24/7 Health Care Expertise and Comfort Elite obtained this stay from the court, valid until Wednesday, following a challenge to the AMP’s decision. The judgment was delivered immediately.
The AMP had earlier this week added the two companies to its blacklist of public contracts following an “integrity review” which concluded that they “participated in a scheme” of price fixing, in as part of a huge call for tenders to fill 8 million hours of work for temporary positions of nurses, practical nurses and beneficiary attendants in the Quebec health system.
Any company registered on the RENA – as well as their shareholders – is prohibited from bidding in public calls for tenders by the State for a period of 5 years.
Contacted on Friday evening, the AMP assured that it would comply with the Superior Court’s decision. She withdrew the two companies from RENA around 5:30 p.m., shortly after the judgment was pronounced orally at the Quebec courthouse. The public contracts watchdog did not want to make any comments since he did not have all the details of the decision in hand.
“This decision confirms that we are authorized to offer our services to the various establishments that we serve and that we are no longer registered with RENA,” declared 24/7 Health Care Expertises in a press release sent to its staff in the evening. “This means that your assignments are maintained and we continue our replacements as usual. »
Jill Eusanio, owner of Confort Élite and lawyer registered with the Bar, told the court that the AMP integrity review process did not have the “transparency required by the Act respecting contracts by public bodies” and demonstrated a “lack of collaboration” and “biased analysis” in its investigation.
AMP’s decision to register its business with RENA is largely based on an affidavit made by Elliot Kasser, a Confort Élite franchisee.
According to Mme Eusanio, Mr. Kasser allegedly admitted during questioning that he never spoke with her about the price and details of his own submission in the tender.
“The only accusation against me in the AMP decision is that I introduced Dany Côté [le propriétaire de 24/7 Expertises en soins de santé] to Elliot Kasser, and therefore that I am part of this collusive strategy,” said Mr.me Eusanio Friday evening in an interview with La Presse.
“When the judge noticed this, he ordered a stay,” said M.me Eusanio.
Executives at 24/7 Health Care Expertise have not publicly commented on the court’s decision.