RF Government Resolution No. 102 of February 5, 2015 approved a
list of certain types of foreign-manufactured medical devices (the
"List" and "Devices," respectively) in the
procurement of which state and municipal customers are obligated to
reject bids for the supply of Devices manufactured in countries
that are not members of the Eurasian Economic Union
("EAEU"), if at least two bids to supply the Devices
originating from EAEU member states are received (i.e., the
"third one is out" rule).
RF Government Resolution No. 337 of April 22, 2016 on Amendments
to Russian Federation Government Resolution No. 102 of February 5,
2015 (enters into force on May 4, 2016) has made certain
clarifications to the procedure for applying these restrictions.
The following, inter alia, are provided for the following:
in order to apply the restriction it
is necessary that (а) at least two bids be filed to supply
Devices manufactured only in the EAEU, and (b) the Devices in the
bids be manufactured by different manufacturers that are not in the
same group according to the criteria of Federal Law No. 135-FZ on
Protection of Competition of July 26, 2006 (the bold text is
bids containing offers to supply
foreign Devices and that are not rejected according to the
"third one is out" rule must otherwise meet the
conditions of admitting bids for procurement of foreign products
established earlier by the Ministry of Economic Development of the
for the purposes of restricting
admission of Devices originating from foreign states, it is not
permitted to simultaneously include in the same contract (the same
lot) both Devices on the List and those not on the List;
if when the contract was executed the
foreign manufacturer's bids were rejected in accordance with
the "third one is out" rule, then later, in the course of
performing that contract, it is not permitted to substitute a
Device manufactured in the EAEU and specified in the winning bid
and the relevant contract with a Device whose country of origin is
not an EAEU member state. Similarly, it is not permitted to
substitute the manufacturer of such Device specified in the winning
bid and contract with a different manufacturer.
The List of Devices itself has not undergone any changes in
terms of its composition; however, Device codes according to the
Russian National Product Classifier by Types of Economic Activity
(OKPD2) OK 034-2014 have been added to the Device codes previously
indicated in the List according to the Russian National Product
Classifier by Types of Economic Activity (OKPD) OK 034-2007.
1. Ministry of Economic Development of Russia Order No.
155 on the Conditions for Admission of Goods Originating from
Foreign States, for the Purposes of Procurement of Goods, Work and
Services for State and Municipal Needs" of March 25,
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