The state customer did not check the parameters of the winner's goods with the register of medical products — the Federal Antimonopoly Service found no violations
A participant in the purchase of medical equipment complained that the customer illegally allowed the winner's application with false information. The parameters of the product should be checked with the data of the technical documentation from the register of medical products.
The customer explained that he was not obliged to compare the parameters of the goods from the application with the information on the Internet. At the date of consideration of the applications, he had no information about the unreliability. Roszdravnadzor did not respond to a request about the relevance of information in the register, which was sent after summing up the results. The dealer also indicated that the winner's product does not meet the conditions of purchase.
The inspectors found no violations:
at the time of the decision to admit the winner's application, the customer had no information that the goods did not comply with the notification;
the data that the medical device does not meet the conditions of purchase was reported not by the manufacturer, but by the dealer. In this case, it is necessary to check whether the equipment is suitable for the customer at acceptance. The application was correctly admitted to the purchase.
It should be noted that the rejection of the application due to non-compliance of the product parameters with the data of the register of medical devices may be recognized as a violation. The law does not oblige to update the register. The information is changed in the declarative order.
Document: Decision of the Kaliningrad Federal Antimonopoly Service of Russia dated 15.08.2022 N 039/06/48-686/2022