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State medical tenders un Belarus

Special procedure for state purchase of medical products from 01.01.2025 is determined

As of 01.01.2025, Resolution of the Council of Ministers of 27.12.2024 N 1034 “On State Procurement of Medical Devices, Medicinal Products and Therapeutic Nutrition” (hereinafter - Resolution N 1034) came into force, which preserved the previously established procedure for procurement of medical devices, spare parts for them, medicinal products and therapeutic nutrition (hereinafter - medical goods) with the involvement of organizers, taking into account certain features.
From 01.01.2023 to 31.12.2024 the relevant relations were regulated by Resolution N 869.
1. Specific features of procurement of medical goods with the involvement of an organizer
Decree N 1034 authorizes state bodies to determine (part 1 and 2, subparagraph 1.1, paragraph 1):
- lists of medical goods, public procurement of which is carried out with the involvement of the organizer;
- minimum values of the approximate value of the approximate annual (total) need for homogeneous medical goods, above which public procurement is carried out by customers with the involvement of the organizer;
- organizers of such procurements.

In this case, please note that in comparison with the decree N 869 in the decree N 1034 gives the right to government agencies to determine not only the minimum value of the approximate value of the approximate value of the annual need for homogeneous medical products, but also the minimum value of the approximate value of the total need for homogeneous medical products, which is understood as the estimated value of the need for homogeneous goods (works, services) for the period of public procurement, exceeding a fiscal year (part 1 of subparagraph 1.1 of paragraph 1 of the decree. 1.1 para. 1 of Decree N 869, part 1 para. 1 subpara. 1.1 subparagraph 1.1 paragraph 1 of Resolution N 1034, paragraph 12 of Article 1 of the Law on Public Procurement).

In the author's opinion, this addition is due to the fact that, taking into account the amendments introduced by Law No. 354-Z, based on the results of public procurement procedures a contract for supply of medicines and medical devices may be concluded for a period of more than one year (part 2, paragraph 3, article 24 of the Law on Public Procurement). At the same time, in case of planning a procurement with a term exceeding one year, the annual public procurement plan of the customer shall include the volume (quantity) of the total demand for the relevant goods (part 4, paragraph 1, Article 19 of the Public Procurement Law).

Organizers for the procurement of medical goods are determined by the state body from among the following organizations (part 2, subparagraph 1.1, paragraph 1, item 1 of Decree No. 1034):

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Medical tenders in Belarus