The courts supported the state customer, who demanded a license when purchasing services for the manufacture of prostheses
The parties agreed on the manufacture of prostheses. Under the terms of the purchase, the contractor was required to have a license for medical activities. He also had to provide a number of medical services before making a prosthesis: an examination by a doctor, taking casts, etc. The contractor did not provide it, so the customer refused the contract.
Controllers did not include information in the Register of Unscrupulous Suppliers. They considered that the customer limited the competition. A license was needed only for a part of the services. The customer should have been allowed to involve co-executors with the necessary license, but he demanded to execute the contract personally.
Three instances disagreed with the controllers:
- the manufacture of prostheses is associated with a number of medical services. Without them, it is impossible to determine whether the disabled person has contraindications, whether the prosthesis fits him, whether his rehabilitation is successful. Making a prosthesis alone will not provide the recipient with a suitable product;
- the subject of the contract is a single complex of medical measures. Their distribution among co-executors may increase the period of service provision and lead to the fact that the individual characteristics of persons with disabilities are not taken into account;
- the object of the purchase had a social significance. The requirement to have a license to practice medicine and personally execute the contract did not create advantages for a particular person and did not prevent participation in the procurement. There were several organizations on the service market that could provide them.
Note that earlier a similar position was expressed by the AC of the Volga-Vyatka district.
Document: Decree of the Arbitration Court of the Ural District dated 11/15/2022 in case N A50-32545 / 2021