The Kirov office of the Federal Antimonopoly Service identified a violation in the procurement of medical consumables.
As the agency reported, the complainant stated that the contracting authority — KOGBUZ "Kirov Regional Clinical Hospital" — when drafting the procurement notice set the requirement "approved by the equipment manufacturer", which contradicts the provisions of the Government Decree of the Russian Federation No. 552 of 01.04.2022 and the positions of Roszdravnadzor and the FAS of Russia, since only consumables from a single manufacturer would be admitted to participate in the procurement, which limits the number of procurement participants.
During the consideration of the complaint the agency found that the presence, in the instructions for use of reagents that have undergone state registration as medical devices, of an indication of compatibility with a hematology analyzer constitutes factual confirmation of that compatibility. Accordingly, reagents from other manufacturers that contain an indication of compatibility with the hematology analyzer in their instructions for use and have undergone state registration are interchangeable with reagents from hematology analyzer manufacturers and may be used.
At the same time, the contracting authority did not provide documents or information indicating that its equipment is under warranty service by the manufacturer or supplier and that consumables from other manufacturers cannot be used there.
The FAS issued the contracting authority orders to remedy the identified violation.
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The regional office of the Federal Antimonopoly Service upheld complaints about the customer's actions during a request for quotations for the supply of consumables for automated hematology analyzers.