Rules determined for setting start prices for medical equipment supply tenders.

17.11.2011

Legal Update No. 285.

Goltsblat BLP advises that Resolution of the Government of the Russian Federation of 3 November 2011 No. 881 “On the procedure for setting start (maximum) prices for contracts (separate lots) for individual types of medical equipment for the purpose of their inclusion in the documentation on tenders to supply such equipment” (the Resolution) comes into effect on 19 November 2011.

The Resolution approves the Rules for setting the given prices (the Rules).

Authorised buying agencies are required to apply the Rules if: а)  medical equipment supplied has one of the codes of the All-Russia Classifier of Economic Activities, Products and Services indicated in the Resolution (OK 004-93) and b) the proposed start (maximum) price of the lot is over 500 thousand roubles.

Authorised buying agencies may also apply the rules if the codes of the medical equipment are other than these and its price is lower than those indicated.

The Rules establish that the only sources of information about medical equipment prices that may be used are: а) bids received from manufacturers or authorised representatives of manufacturers of medical equipment; b) information about medical equipment prices contained in the register of state and municipal contracts (if the price information is not provided by medical equipment manufacturers or authorised representatives or is supplied by only one manufacturer or authorised representative).

Price information is requested by authorised buying agencies from at least 5 manufacturers of the relevant medical equipment (or from all manufacturers if they number fewer than 5).

A bid submitted by a manufacturer or authorised representative thereof will be taken into consideration by the authorised buying agency only if an answer is received to the request within 15 days of its dispatch.

Information contained in the register of state contracts is selected from the last 5 contracts concluded for supply of the relevant medical equipment with prices differing by no more than 30% (or all contracts if they number fewer than 5).

If the authorised buying agency is unable to determine the start (maximum) price of a lot on the basis of information provided by manufacturers and authorised representatives of the medical equipment or obtained from the register of state contracts, the price may be set by the authorised buying agency independently.

Finally, if a tender at a lot price set by applying the Rules does not take place and no state contract is concluded (not a single bid is made for the tender), the authorised buying agency is entitled, on agreement with the Federal Anti-monopoly Service, to raise the start (maximum) price but by no more than 10%.

The Rules do not specify a mandatory type of request from authorised buying agencies for medical equipment manufacturers and authorised representatives and information is provided thereby at their own expense.

For additional information, please contact:

Nikolay Voznesenskiy
Head of Anti-monopoly Practice,
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

Nina Belozertseva
Head of Healthcare and Pharmaceuticals Practice,
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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