OFAS did not find proofs of violation when purchasing the device ultrasonography for the Kaliningrad city hospital No. 2

2020: Case of violation when purchasing the device ultrasonography

The company from St. Petersburg could not prove violation when purchasing the device ultrasonography for city hospital No. 2. It became known on September 29, 2020.

Regional government of FAS did not reveal violations of the law about purchases and protection of the competition during trading on delivery of the device ultrasonography. The relevant decision was made by department by consideration of the complaint.

On August 3, 2020 the declaration of holding the auction on delivery and commissioning of medical products (the device of ultrasonic diagnostics) and also training in service regulations of specialists was posted on the official site.

As the customer City hospital No. 2 of Kaliningrad acted.

On August 19, 2020 Makrus LLC from St. Petersburg directed FULL FACE the complaint to actions of the customer and the organizer of biddings. According to the applicant, characteristics in technical specifications indicated one specific producer and model — the device Mylab5 of production of Esaote company. It is about the range of operating frequencies from 4.8 MHz to 16 MHz and also about the compatible equipment and application programs. Other developers of the devices ultrasonography suitable under these requirements, the bidder did not detect. The representative of the company believed that current situation limits number of potential procurement participants. In particular, the applicant cannot perform delivery of similar and safer equipment of other producer. Besides, the representative of the company pointed to absence in documentation of data on the place, term and conditions of rendering services.

Having studied case papers, the commission of OFAS came to a conclusion that in the market there are at least three producers of the devices ultrasonography corresponding to characteristics of a subject of purchase (Esaote companies, "Mindrey Medikal Rus" and Philips). According to requirements of state standard specification, to an auction it is necessary to specify structure of the equipment in technical specifications (the workstation with the application software). Thus, the applicant's argument that technical requirements exclude a possibility of participation of competitive producers did not find confirmation.

Also the commission established that information on the place, term and conditions of rendering services contains in the draft treaty on delivery of medical products.

The complaint of Makrus company to actions of city hospital No. 2 at holding the auction was recognized unreasonable.

Media ABV Service LLC from Moscow became the winning bidder on delivery of the device ultrasonography to city hospital No. 2 of Kaliningrad for 5.57 million rubles ^[1].

Notes