NIPK "Electron" lost a contract for 2 billion rubles with the Moscow Department of Health

2022: Termination of the contract for the supply of X-ray machines for almost 2 billion rubles

St. Petersburg the manufacturer medical equipment NIPK "Electron" could not challenge in court the termination of the supply contract X-ray machines under the life cycle contract (LCC) for 1.958 billion. rubles The contract was terminated at the initiative of the customer - GAU "" - Gormedtekhnika Moscow Department of Health due to the overestimated cost of payments for equipment by 181.3 million rubles in the submitted application, to which the competition committee did not pay attention when summing up the tender results. Information about this appeared on December 1, 2022.

KRD-Expert X-ray machine manufactured by NIPK Electron
Illustration: vademec.ru/ medteh.info

As follows from the materials of the case, in November 2020, NIPK Electron was recognized as the winner of the contract for the supply of 40 X-ray devices for a total amount of 1.958 billion rubles. The company in the application documentation presented the price for the device in the amount of 49 million rubles with a coefficient for indexing the cost for ensuring the operability of the equipment and a coefficient of the key rate with the lowest possible value - zero, but at the same time this parameter was not applied to the cost of the devices. This moment remained without the attention of the Procurement Commission.

In June 2021, Gormedtekhnika, having identified a defect, sent a notice of unilateral termination of the contract. NIPK "Electron" proposed to conclude an additional agreement on lowering the price for the device to 43 million rubles, but was refused. In September 2021, the company filed a lawsuit with the arbitration court against Gormedtekhnika GAU demanding to restore the terminated contract.

Gormedtekhnika argued that an incorrect application was submitted for the competition, and if this defect was identified at the stage of evaluating applications, the documentation would be recognized as not meeting the conditions of the competition, and the application of NIPK Electron was rejected.

For their part, NIPK Electron insisted that only the initial maximum contract price was established by the requirements of the competition, and the company's application met its parameters. In November 2021, the Moscow Arbitration Court denied the claims of NIPK Electron. And in August 2022, the Supreme Court refused to review the case in the Judicial Board for Economic Disputes.

At the same time, Gormedtekhnika filed another lawsuit in court - demanding to dismantle the KRD-Expert apparatus worth 33.1 million rubles, which NIPK Electron managed to ship under the contract in April 2021.

The NIPK "Electron" demanded to dismiss the plaintiff's claim, citing the fact that the equipment was accepted without comment and put into operation. However, Gormedtekhnika pointed out that under the terms of the contract, NIPK Electron was supposed to train specialists, but it was not carried out, and therefore the terms of the contract were not fulfilled, and the equipment was not installed, but "accepted for safekeeping."

The court of first instance sided with NIPK Electron, rejecting Gormedtekhniki's claim, but at the end of November 2022, the Ninth Arbitration Court of Appeal revised the decision and ordered NIPK Electron to dismantle and pick up the controversial equipment installed in the city polyclinic No. 23.

At the end of 2020, NIPK Electron became the winner of four tenders of the capital's GAU Gormedtekhnika for a total of 5.306 billion rubles. In three tenders with initial prices of 1.136 billion, 1.714 billion and 1.697 billion rubles, Gormedtekhnika 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 evaded the conclusion of the contract. As a result, Gormedtekhnika 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. Read more about this here.

According to the results of the fourth competition, for 1.958 billion rubles, the contract between NIPK Electron and GAU Gormedtekhnika was signed.^[1]

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