COURT SUPPORTED FAS POSITION ON THE INADMISSABILITY OF SPECIFYING MEDICINE MANUFACTIRERS IN PROCUREMENT
26-12-2023 | 16:30
Such actions are a direct limitation on the number of procurement participants capable of fulfilling their obligations under the contract
FAS Russia received a complaint about the actions of a network of state pharmacies in the Nizhny Novgorod region. The organization conducted a request for prices in electronic form for the right to conclude an agreement for the supply of medicines. The initial maximum contract price for two lots was more than 1.5 billion rubles.
The customer established specific names of manufacturers of medicines without the possibility of alternative delivery. At the same time, according to the state register, the purchased medicines are produced by different companies.
In addition, the customer improperly chose a request for quotations as a method of conducting the procurement procedure. According to the procurement regulations, an open request for prices in electronic form is carried out to meet the urgent needs of the customer, but the circumstances of the case indicate a lack of urgency.
Also, the customer unlawfully set the supplier’s maximum wholesale markup for the supplied products - below the level established by regional legislation*. This created preferential conditions for the drug manufacturer and the official distributor.
FAS Russia ordered to eliminate the identified violations. The customer did not agree with the ruling and remedies and went to court, but the Moscow Arbitration Court supported the position of FAS Russia.
* Decree of the Government of the Nizhny Novgorod Region dated December 20, 2021 No. 1186