Public procurement of services for periodic medical examinations: the courts have indicated which licenses should be required
The customer held an auction for the services of periodic medical examinations of employees. The documentation established a requirement for the availability of licenses for the provision of these services themselves. At the same time, participants also had to have permits for services in bacteriology, parasitology, psychiatry, ultrasound diagnostics, etc.
The St. Petersburg Federal Antimonopoly Service considered that in this case a license for medical examinations and professional aptitude examination is sufficient.
The courts supported the decision of the controllers. Examinations by specialist doctors, laboratory, ultrasound diagnostics and other activities specified in the auction documentation are included in the examinations during periodic medical examinations. They are not an independent subject of purchase, which means that a license is needed only for the medical examinations themselves and the examination of professional suitability. The Russian Armed Forces refused to review the case.
At the time of the purchase, the old procedure for conducting medical examinations was in effect. However, the conclusions of the courts are relevant even now, since the current procedure provides for similar norms.
Note that there is practice on this issue with the opposite approach. Thus, the Saratov Federal Antimonopoly Service recognized as legitimate the requirement to have an additional permit for clinical laboratory or laboratory diagnostics.
Document:
Definition of the Supreme Court of the Russian Federation of 09/20/2021 N 307-ES21-16017