FAS allowed to take into account market prices for repeated public procurement of disposable medical products made of PVC
The Agency reminded that customers use weighted average prices, which are calculated annually by the government until November 1, to justify the NMCC when purchasing disposable medical products made of PVC. The weighted average price from November 1, 2019 is currently in effect.
FAS noted: the law does not provide characteristics of the formation of the MSPC at the re-procurement of medical devices and does not allow for justification of the MSPC based on market prices. However, since November 1, 2019, the exchange rate has changed significantly, which means that prices for medical products have increased. Because of this, many participants do not submit applications, as the NMC IS significantly lower than the market price.
FAS stated: if the purchase of disposable medical products made of PVC did not take place due to a low NMCC, the customer can justify the NMCC for repeated purchase using the method of comparable market prices (market analysis). Given the current situation and the special social significance of purchasing medical products, this will not be considered a violation.
Document: Letter of the FAS of Russia dated 28.09.2020 N IA/83689/20