Courts: compatibility of medical devices with the equipment of the state customer is determined not only by its manufacturer
A participant in the purchase of medical devices complained that the customer did not reject the winner's application due to false information. He offered non-original products and declared its compatibility with the customer's equipment, although:
the operating manual allowed only original materials to be used;
the manufacturer of the equipment did not confirm its compatibility with consumables from other companies, because it did not conduct tests.
The controllers found a violation. The courts did not agree with them:
the winner submitted in the application a registration certificate for medical devices and instructions for their operation. The latter contained information about compatibility with the customer's equipment;
they did not require to supply only original products. The fact that the equipment manufacturer has not tested it with medical products from other companies does not mean that they are incompatible. The examination could be carried out by the manufacturer of consumables in the process of their state registration.
It should be noted that the Tambov and Kurgan departments of the Federal Antimonopoly Service in a similar situation supported the rejection of the application. The inspectors decided: it is the manufacturer of medical equipment that confirms the compatibility of consumables.
Document: Resolution of the Arbitration Court of the West Siberian District dated 05/18/2023 in case N A45-27627/2022