When public procurement with the national regime, it should be borne in mind that medical masks and respirators are not the same

22 October 2021, Friday

The participant complained that the customer did not apply the national mode when purchasing PPE. He chose the wrong product code according to OKPD2 in order not to establish a ban on the admission of foreign products: in the notification he included the code 32.99.11.120 for non-medical respirators. In the description of the same product, he indicated that he was purchasing a medical filter respirator for single use. So, we need the code 32.50.50.190 for medical masks with a ban on admission.
The customer explained that he bought respirators, not masks. He confirmed this with registration certificates for medical devices. They contain the code 32.99.11.120. It is not necessary to establish a ban on admission in this case.
The supervisors supported the customer. They noted that masks and respirators are not the same thing, because for them:
different species codes according to the nomenclature classification of medical products;
different GOST standards and classifications. In the description of the object of purchase, a classification for a respirator is given.
In addition, when purchasing with a ban on admission, participants must provide, among other things, information on the total number of points for technological operations in the Russian Federation under Resolution No. 719. The requirements of this resolution do not apply to half masks with a protection class for respirators. When purchasing the latter, there is no need to establish a ban on admission.
A similar position is taken, in particular, by the Kurgan UFAS, St. Petersburg UFAS.
Document: The
decision of the Ulyanovsk Federal Antimonopoly Service of Russia dated 27.07.2021 in case N 073/06/64-438/2021

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