FAS revealed a conspiracy between the Omsk Ministry of Health and suppliers of medical equipment for 600 million rubles

History

2022: FAS revealed a conspiracy between the Omsk Ministry of Health and suppliers of medical equipment for 600 million rubles

On April 5, 2022, the Office of the Federal Antimonopoly Service for the Omsk Region announced the identification of violations committed by the Ministry of Health of the Omsk Region in the procurement of medical equipment.

According to the regulator, anti-competitive agreements were concluded, as a result of which in 2020 state contracts were concluded for the supply of medical equipment with Nikmed LLC in the amount of over 568 million rubles, with Linkos MK LLC - in the amount of 25 million rubles, with NewMedTech LLC - in the amount of 5 million rubles.

FAS revealed a conspiracy between the Omsk Ministry of Health and suppliers of medical equipment for 600 million rubles

The Omsk OFAS of Russia established that the procedure for concluding state contracts was implemented in violation of the principle of ensuring competition. The justification of the initial maximum price of contracts concluded at the expense of subsidies was not carried out by the customer in the procedure established by the Law on the contract system, the Omsk OFAS noted.

Based on the materials of the Investigative Directorate of the Investigative Committee of the Russian Federation in the Omsk Region, it was established that officials of the Ministry instructed the Directorate to prepare contracts for conclusion with a specific supplier. In connection with the completion of the implementation of anti-competitive agreements, the antimonopoly authority did not issue instructions to violators in time.

According to the OFAS in the Omsk region, the case materials will be transferred to an authorized official of the antimonopoly authority to decide on the initiation of cases of an administrative offense under Article 14.32 of the Administrative Code of the Russian Federation.

These companies appear in the case of the ex-head of the Omsk Ministry of Health Irina Soldatova, who headed the department in April 2020. In November, a criminal case was opened against her and her accomplices under paragraph "c," part 3 of article 286 of the Criminal Code of the Russian Federation (abuse of office with causing serious consequences). The investigation believes that Soldatova and other officials entered into state contracts with affiliated companies for the supply of medical equipment at inflated prices. The damage exceeded 105 million rubles^[1]

2021: "NickMed" sued 395.8 million rubles from the Omsk Ministry of Health in the case of overpricing of medical equipment

In mid-October 2021, NickMed managed to recover more than 395.8 million rubles from the Ministry of Health of the Omsk Region for the supplied medical equipment. This is reported by TASS os with reference to the file cabinet of cases of the Arbitration Court of the Omsk Region, which satisfied the claim of the St. Petersburg distributor of medical equipment.

The supply agreement was concluded under the ex-Minister of Health of the region Irina Soldatova, who is accused of exceeding her official powers when concluding state contracts and is hiding from the investigation. By mid-October 2021, Soldatova is on the international wanted list due to fraud with the purchase of medical equipment.

"NickMed" sued 396 million rubles from the Omsk Ministry of Health in the case of overpricing of medical equipment

According to the investigation, Soldatova signed a contract with NickMed LLC for the supply of medical equipment for coronavirus hospitals in the amount of 565.6 million rubles. The regional department transferred 170.6 million rubles by prepayment. But after the dismissal of Irina Soldatova, the Omsk Ministry of Health decided to abandon the contract, arguing that the supplied equipment turned out to be outdated and at an inflated cost. The equipment supplier filed a lawsuit demanding to pay the remaining 395.8 million rubles.

As reported in the ruling of the court of the Omsk region, the manufacturer demanded to reimburse him 70% of the amount of the contract, since initially the Ministry of Health sent only 30% - an advance payment. But the Ministry of Health made a counterclaim demanding to reimburse more than 170 million rubles (the same 30% of the prepayment) due to the invalidity of the contract.

The amount includes 394.9 million rubles of debt under a state contract, 951 thousand rubles of penalties, as well as 200 thousand rubles of expenses for paying state duties. At the same time, the Arbitration Court of the Omsk Region rejected the counterclaim of the Ministry of Health to terminate the contract.^[2]

2020: Purchase of ventilators at different prices

On April 15, 2020, it became known that the Ministry of Health of the Omsk Region had concluded a number of contracts with the Moscow LLC DM-Group. Now the company must supply artificial lung ventilation devices of the Mindray SV300 model.

As reported, three contracts from the Ministry of Health with the capital's supplier appear on the Public Procurement website. The first for the supply of 5 devices for 11.5 million rubles with contract number 205005. And two identical contracts 205002 and 205002-1, each of which says about the supply of 45 devices totaling 103.5 million rubles. The cost of each device, according to the documentation, is equal to 2.3 million rubles apiece. At the same time, DM-Group became a supplier of 5 ventilators for the BU of Health of the Omsk Region "D. Dolmatov Infectious Clinical Hospital No. 1," but already at 1,950,000 rubles apiece.

In addition, the Ministry of Health of the Omsk Region in early April 2020 acquired 50 IVL Aventa-M at 1,862,000 rubles apiece from the Russian Concern of Radio-Electronic Technologies. The total amount of the contract amounted to 93,100,000 rubles.

Interest in Mindray brand equipment is manifested in other contracts for Omsk healthcare. For example, Mindray SV300 IVL appears in the contract for the supply of diverse medical equipment in one lot for a total amount of about 568.9 million rubles.

The customer was the Ministry of Health of the Omsk Region, and the purchase itself, under the pretext of "urgency" without a tender, was made at the only supplier represented by the St. Petersburg LLC "Nikmed"^[3]

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