NIPK Electron disputes in court contracts for the supply of X-ray devices for 3.4 billion rubles passed to a competitor

2021: Challenge of contracts

The St. Petersburg manufacturer of medical equipment NIPK "Electron" is demanding through the Moscow Arbitration Court to cancel the decision to conclude three life cycle contracts (LCC) for the supply of X-ray equipment totaling 3.347 billion rubles. This was announced by Vademecum on March 12, 2021.

NIPK Electron disputes in court contracts for the supply of X-ray machines for 3.4 billion rubles passed to a competitor < br/> Source photo: elektron.ru

Initially, the winner of the competitions announced in 2020 was recognized as NIPK Electron, but after the completion of formal procedures, contracts were signed with S.P. Gelpik. The first lawsuit of the metropolitan arbitration rejected, decisions in two more cases on March 12, 2021 were not made.

As follows from the court documents, in 2020 NIPK "Electron" was recognized as the winner of three competitions with an initial price of 1,136 billion, 1.714 billion and 1.697 billion rubles, respectively, for the supply of X-ray equipment for FGC to metropolitan medical institutions, having submitted price proposals of 11.544 million, 7.252 million and 7,4 million rubles for the device, taking into account the service, with a maximum term until December 31, 2032.

However, Gomedtehnika GAU was not satisfied with the bank guarantee provided by the company for signing the contract, as a result of which the customer considered NIPK Electron to have evaded the conclusion of the contract. As a result, Gormedtehnika refused to supply NIPK Electron and signed an agreement not with the winner of the tender, but with another manufacturer of X-ray equipment - S.P. Gelpik, which took second place in all three tenders, in the amount of 1.378 billion, 1.117 billion and 852 million rubles, respectively.

NIPK Electron did not agree with the position of GAU Gormedtehnika and appealed the conclusion of contracts with S.P. Gelpik in the Moscow Arbitration Court. The company demanded to declare illegal the decision to conclude a contract with another supplier, as well as to introduce interim measures to prohibit the execution of contracts.

The arbitration refused NIPK Electron interim measures, and in February 2021 - to satisfy the first of three claims, recognizing the bank guarantee provided by NIPK Electron that did not comply with the terms of the tender due to limited coverage of the amount and confirming the right of Gomedtehnik GAU to conclude a contract with the second-place supplier. Two more lawsuits will be considered by the court in March 2021.

NIPK Electron and S.P. Gelpik were unable to provide an operational comment on the dispute in the arbitration. Vademecum sent a request to GAU Gormedtehnika.

As of the beginning of December 2020, Gormedtehnika initiated competitive procedures for the purchase of medical equipment for KZhTs for the total amount of initial maximum contract prices of 98.5 billion rubles. In total, the agency announced tenders for the acquisition of 425 endoscopic racks totaling 26.7 billion rubles, 2.5 thousand ultrasound machines worth 25.8 billion rubles, 148 laparoscopic racks worth 13.8 billion rubles, 504 X-ray machines worth 12.6 billion rubles, 138 mammographic machines worth 6.5 billion, as well as U- and S-arcs, osteodensitometers, patient rail lifting systems and computer tomography. As of March 2021, the results of a number of competitions announced in 2020 have not yet^[1].

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