The procedure for the customer's actions in the absence of requests for the purchase of single-use medical products made of PVC plastics is explained
The letter prepared by experts of the Antimonopoly Department, in particular, notes that the decree of the Government of the Russian Federation of February 5, 2015 No. 102 "About the restrictions and the conditions of admission of certain types of medical devices originating from foreign States for the purposes of procurement for state and municipal needs" and the Method of calculation of the MSPC for the supply of medical products do not contain peculiarities of formation of the MSPC in the case of recognition cancelled the purchase, as provided, for example, in the case of the procurement of drugs for medical use, and does not provide justification for MSPC based on the market price of medical products.
In the opinion of the FAS of Russia, if a purchase is declared invalid due to the absence of submitted bids, customers have the right to re-purchase while maintaining the requirements and conditions of the previously failed purchase, using the method of comparable market prices to justify the NMCC in accordance with article 22 of Federal law No. 44-FZ of April 5, 2013 "on the contract system in the field of procurement of goods, works, and services for state and municipal needs". In this case, the customer's justification for repeated purchases of NMCC using the comparable market price method is not a basis for recognizing the customer's actions as signs of violation of Law No. 44-FZ.