Above which can not be subject to one. The maximum contract price for medicines with international generic names has been established - Rossiyskaya Gazeta Pp rf 929 of 17.10
In accordance with clause 6 of part 1 of article 33 federal law"O contract system in the field of procurement of goods, works, services to meet state and municipal needs" Government Russian Federation decides:
1. Establish the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names or in the absence of such names with chemical, grouping names cannot be the subject of one contract (one lot), in the amount of ( except for the cases specified in paragraph 2 of this resolution):
1 million rubles - for customers whose volume Money for the purchase medicines in the previous year, amounted to less than 500 million rubles;
2.5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year ranged from 500 million rubles to 5 billion rubles;
5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to more than 5 billion rubles.
2. Set the limit value of the initial (maximum) price of the contract (price of the lot) in the amount of 1 thousand rubles, if the subject of one contract (one lot), along with another medicinal product (other medicinal products), is the supply of the following medicinal products:
A medicinal product with an international non-proprietary name (in the absence of such a name - with a chemical, grouping name), within which there are no duly registered medicinal products similar in dosage form and dosage;
Narcotic drug;
psychotropic drug;
Radiopharmaceutical drug.
3. Recognize as invalid Decree of the Government of the Russian Federation of April 6, 2013 N 301 "On the establishment of the limit value of the initial (maximum) price of the contract (price of the lot), if it is exceeded, various medicines with international nonproprietary names or in the absence of such names with chemical, grouping names" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, N 15, art. 1787).
Prime Minister
Russian Federation
D. Medvedev
Note. red.: the text of the resolution is published on the official Internet portal of legal information http://www.pravo.gov.ru, 10/22/2013.
Decree of the Government of the Russian Federation of October 17, 2013 N 929
"On the establishment of the limit value of the initial (maximum) price of the contract (price of the lot), above which medicinal products with various international non-proprietary names or in the absence of such names with chemical, grouping names cannot be the subject of one contract (one lot)"
In accordance with clause 6 of part 1 of Article 33 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:
1. Establish the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names or in the absence of such names with chemical, grouping names cannot be the subject of one contract (one lot), in the amount of ( except for the cases specified in paragraph 2 of this resolution):
1 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to less than 500 million rubles;
2.5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year ranged from 500 million rubles to 5 billion rubles;
5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to more than 5 billion rubles.
2. Set the limit value of the initial (maximum) price of the contract (price of the lot) in the amount of 1 thousand rubles, if the subject of one contract (one lot), along with another medicinal product (other medicinal products), is the supply of the following medicinal products:
a medicinal product with an international non-proprietary name (in the absence of such a name - with a chemical, grouping name), within which there are no duly registered medicinal products similar in dosage form and dosage;
narcotic drug;
psychotropic drug;
radiopharmaceutical drug.
3. Recognize as invalid Decree of the Government of the Russian Federation of April 6, 2013 N 301 "On the establishment of the limit value of the initial (maximum) price of the contract (price of the lot), if it is exceeded, various medicines with international nonproprietary names or in the absence of such names with chemical, grouping names" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, N 15, art. 1787).
The maximum initial (maximum) price of a contract (lot) has been established, above which medicinal products with various international non-proprietary names (in the absence of such, with chemical, grouping names) cannot be the subject of 1 contract (lot).
It depends on the amount of funds allocated for the purchase of medicines in the previous year. If it amounted to less than 500 million rubles. - 1 million rubles; from 500 million to 5 billion rubles. - 2.5 million rubles; more than 5 billion rubles. - 5 million rubles.
An exception is situations when the subject of 1 contract (lot), along with other drugs, is the supply of a drug with an INN (chemical, grouping name) in the absence of analogues in dosage form and dosage, as well as narcotic, psychotropic and radiopharmaceutical drugs. In this case, the maximum initial (maximum) price of the contract (lot) is 1 thousand rubles.
The limit values of the initial (maximum) price of the contract (lot), established in April 2013, were declared invalid.
Decree of the Government of the Russian Federation of October 17, 2013 N 929 "On the establishment of the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names cannot be the subject of one contract (one lot) or in the absence such names with chemical, grouping names"
This regulation comes into force on January 1, 2014.
Decree of the Government of the Russian Federation of October 17, 2013 No. 929 “On establishing the limit value of the initial (maximum) contract price (lot price), above which medicinal products with different international non-proprietary names cannot be the subject of one contract (one lot) or in the absence such names with chemical, grouping names” (did not enter into force)
In accordance with clause 6 of part 1 of Article 33 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:
1. Establish the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names or in the absence of such names with chemical, grouping names cannot be the subject of one contract (one lot), in the amount of ( with the exception of the cases specified in this resolution):
1 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to less than 500 million rubles;
2.5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year ranged from 500 million rubles to 5 billion rubles;
5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to more than 5 billion rubles.
2. Set the limit value of the initial (maximum) price of the contract (price of the lot) in the amount of 1 thousand rubles, if the subject of one contract (one lot), along with another medicinal product (other medicinal products), is the supply of the following medicinal products:
a medicinal product with an international non-proprietary name (in the absence of such a name - with a chemical, grouping name), within which there are no duly registered medicinal products similar in dosage form and dosage;
narcotic drug;
psychotropic drug;
radiopharmaceutical drug.
3. Recognize as invalid Decree of the Government of the Russian Federation dated April 6, 2013 No. 301 "On establishing the limit value of the initial (maximum) price of the contract (price of the lot), if it is exceeded, various medicines with international non-proprietary names or in the absence of such names with chemical, grouping names" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, No. 15, art. 1787).
Document overview
The maximum initial (maximum) price of a contract (lot) has been established, above which medicinal products with various international non-proprietary names (in the absence of such, with chemical, grouping names) cannot be the subject of 1 contract (lot).
It depends on the amount of funds allocated for the purchase of medicines in the previous year. If it amounted to less than 500 million rubles. - 1 million rubles; from 500 million to 5 billion rubles. - 2.5 million rubles; more than 5 billion rubles. - 5 million rubles.
An exception is situations when the subject of 1 contract (lot), along with other drugs, is the supply of a drug with an INN (chemical, grouping name) in the absence of analogues in dosage form and dosage, as well as narcotic, psychotropic and radiopharmaceutical drugs. In this case, the maximum initial (maximum) price of the contract (lot) is 1 thousand rubles.
The limit values of the initial (maximum) price of the contract (lot), established in April 2013, were declared invalid.
Decree of the Government of the Russian Federation of October 17, 2013 N 929 "On establishing the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names or in the absence of such names cannot be the subject of one contract (one lot) with chemical, grouping names"
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ABOUT SETTING THE LIMIT
INITIAL (MAXIMUM) CONTRACT PRICE (LOT PRICE),
EXCEEDING WHICH CANNOT BE THE SUBJECT OF ONE
OF THE CONTRACT (ONE LOT) MEDICINES WITH DIFFERENT
INTERNATIONAL NON-PROPRIETARY NAMES
OR IN THE ABSENCE OF SUCH NAMES
WITH CHEMICAL, GROUP NAMES
In accordance with clause 6 of part 1 of Article 33 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:
1. Establish the limit value of the initial (maximum) contract price (lot price), above which medicines with different international non-proprietary names or in the absence of such names with chemical, grouping names cannot be the subject of one contract (one lot), in the amount of ( except for the cases specified in paragraph 2 of this resolution):
1 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to less than 500 million rubles;
2.5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year ranged from 500 million rubles to 5 billion rubles;
5 million rubles - for customers whose funds allocated for the purchase of medicines in the previous year amounted to more than 5 billion rubles.
2. Set the limit value of the initial (maximum) price of the contract (price of the lot) in the amount of 1 thousand rubles, if the subject of one contract (one lot), along with another medicinal product (other medicinal products), is the supply of the following medicinal products:
a medicinal product with an international non-proprietary name (in the absence of such a name - with a chemical, grouping name), within which there are no duly registered medicinal products similar in dosage form and dosage;
narcotic drug;
psychotropic drug;
radiopharmaceutical drug.
3. Recognize as invalid Decree of the Government of the Russian Federation of April 6, 2013 N 301 "On the establishment of the limit value of the initial (maximum) price of the contract (price of the lot), if it is exceeded, various medicines with international non-proprietary names or in the absence of such names with chemical, grouping names" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, N 15, art. 1787).
How is the Decree of the Government of the Russian Federation dated October 17, 2013 No. 929 “On establishing the limit value of the initial (maximum) contract price (lot price) above which medicinal products with different international non-proprietary names cannot be the subject of one contract (one lot) applied? the absence of such names with chemical, grouping names”?
Answer
Read the answer to the question in the article: If during the formation terms of reference we do not ask for specific indicators for nails, is it necessary to indicate the country of origin of the nails, and if we ask for specific indicators for paint, is it necessary to indicate the country?
In order for the customer to indicate information in columns 8 and 9, he will need to be guided by Law No. 44-FZ and Decree No. 929, since it is aimed at determining the number of medicines with different INNs or in the absence of such names with chemical, grouping names that can be the subject of one contract (one lot), and also sets limits for the size of the IMCC in the cases specified in this document.
We draw attention to the fact that Art. 33 of Law No. 44-FZ establishes the rules for describing the procurement object. In particular, paragraph 6 of part 1 of Art. 33 of Law No. 44-FZ establishes the features of the description of the object of procurement in the case of the acquisition of medicines. In paragraph 6 of part 1 of Art. 33 of Law No. 44-FZ establishes that the procurement documentation must contain an indication of the international generic names (hereinafter referred to as INN) of medicinal products or, in the absence of such names, chemical, grouping names, if the object of procurement are medicinal products. The customer, when purchasing medicines included in the list of medicines, the purchase of which is carried out in accordance with their trade names, as well as when purchasing medicines in accordance with paragraph 7 of part 2 of Art. 83 of Law No. 44-FZ has the right to indicate the trade names of these medicines. This list and the procedure for its formation are approved by the Government of the Russian Federation. If the object of procurement is medicines, the subject of one contract (one lot) cannot be medicines with different INNs or in the absence of such names with chemical, grouping names, provided that the initial (maximum) contract price (lot price) exceeds the limit the value established by the Government of the Russian Federation, as well as medicines with INN (in the absence of such names with chemical, grouping names) and trade names.
We focus on the fact that paragraph 6 of Part 1 of Art. 33 of Law No. 44-FZ applies to customers. So, according to paragraph 7 of Art. 3 of Law No. 44-FZ, the customer is a state or municipal customer, or in accordance with Part 1 of Art. 15 of Law No. 44-FZ, a budgetary institution that makes purchases. In turn, based on paragraph 5 of Art. 3 of Law No. 44-FZ, the state customer is a state body (including the body state power), State Corporation for Atomic Energy "Rosatom", the governing body of the state off-budget fund or a state treasury institution acting on behalf of the Russian Federation or a constituent entity of the Russian Federation, authorized to accept budgetary obligations in accordance with the budgetary legislation of the Russian Federation on behalf of the Russian Federation or a constituent entity of the Russian Federation and making purchases. Whereas, in accordance with paragraph 6 of Art. 3 of Law No. 44-FZ, a municipal customer is a municipal body or a municipal government institution acting on behalf of the municipality, authorized to accept budgetary obligations in accordance with the budgetary legislation of the Russian Federation on behalf of the municipality and making purchases. According to Part 1 of Art. 9.2 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Commercial Organizations” budget institution recognized non-profit organization created by the Russian Federation, a constituent entity of the Russian Federation or municipality to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of public authorities ( government agencies) or organs local government in the fields of science, education, healthcare, culture, social protection, employment of the population, physical education and sports, as well as in other areas.
Since paragraph 6 of part 1 of Art. 33 of Law No. 44-FZ applies to customers, then Decree of the Government of the Russian Federation of October 17, 2013 No. 929 “On establishing the limit value of the initial (maximum) contract price (lot price), above which medicinal products cannot be the subject of one contract (one lot). means with different INNs or in the absence of such names with chemical, grouping names” (hereinafter referred to as Decree No. 929) also applies to customers. At the same time, this Decree of the Government of the Russian Federation provides for a categorical division of customers and the application of certain rules to each category of customers, as well as cases that are an exception and apply to customers.
So, for example, for customers whose funds allocated for the purchase of medicines in the previous year amounted to less than 500 million rubles, it was established that the limit value of the NMCC (lot prices), above which they cannot be the subject of one contract ( one lot) medicines with different INNs or in the absence of such names with chemical, grouping names, in the amount of 1 million rubles, except for the cases specified in clause 2 of Resolution No. be the subject of one contract (one lot) medicines with different INN or in the absence of such names with chemical, grouping names. Similarly, the rules specified in clause 1 of Decree No. 929 apply to other categories of customers.
In turn, paragraph 2 of Decree No. 929 contains exceptions to general rule. So, for example, if the subject of one contract (one lot) along with another drug (other drugs) is the supply of a psychotropic drug, then the limit value of the initial NMTsK (lot price) is 1 thousand rubles.
Please note that at present, when planning purchases for 2014-2016, customers in accordance with Part 2 of Art. 112 of Law No. 44-FZ are placed in a single information system before commissioning on the official website) schedules for placing orders for 2014-2016 according to the rules in force before the date of entry into force of Law No. 44-FZ, taking into account the specifics established by Order No. 182 of the Ministry of Economic Development of Russia, No. 7n of the Treasury of Russia dated March 31 .2015 "On the peculiarities of placing in a single information system or prior to the commissioning of this system on the official website of the Russian Federation in the information and telecommunications network" Internet "for posting information on placing orders for the supply of goods, performance of work, provision of services of schedules for placing orders for 2015 - 2016".
So, for example, according to par. "h" and "and" paragraphs. 2 p. 5 Features placement of the schedule on the official website in the form of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers, approved by order of the Ministry economic development Russian Federation and Federal Treasury dated December 27, 2011 No. 761/20n “On approval of the procedure for placing on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of schedules for placing an order for the supply of goods, performance of work, provision of services for needs of customers” (hereinafter referred to as the “schedule form”) is carried out subject to the following provisions:
Column 8 indicates the quantity of goods, works, services that are the subject of the contract;
Column 9 indicates NMTsK (in thousand rubles). At the same time, the NMCC is determined by the customer in accordance with the requirements of Art. 22 of Law No. 44-FZ.
Thus, for example, in order for the customer to indicate information in columns 8 and 9, he will need to be guided by Law No. 44-FZ and Decree No. 929, since it is aimed at determining the number of medicines with different INNs or, in the absence of such names with chemical, grouping names, which may be the subject of one contract (one lot), and also establishes restrictions on the size of the IMCC in the cases specified in this document.
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