Moscow Arbitration Court Confirmed Legality of the Decision by FAS Russia Regarding the Federal Service on Financial Markets
OREANDA-NEWS. On April 18, 2007 the Moscow Arbitration Court confirmed legality and validity of the decision and proposal made by the Federal Antimonopoly Service (FAS Russia) regarding the Federal Service on Financial Markets (FSFR Russia), reported the press-centre of FAS Russia.
Earlier FAS Russia received a complaint from "Firma "Calvin" Ltd. against the actions undertaken by the FSFR Russia Tender Commission in an open bidding for supply of office equipment expendables for the needs of FSFR Russia in 2006. Having considered the case, FAS Russia found that FSFR Russia violated Parts 8 and 10, Article 25 of the Federal Law "On Procurement of State and Municipal Goods, Works and Services" and proposed to withdraw the Protocols of bids opening and bids consideration and to carry out a new procedure of bids opening and consideration in accordance with the procurement legislation. The ordering party breached the legislation by failing to observe confidentiality of information.
Reference:
Under Part 8 Article 25 of the Federal Law "On State Procurement…", the bidders, and the ordering party, an ordering authority, a specialized organization must ensure confidentiality of the information contained in the bids until the opening of bids or opening the access to the on-line bids.
Under Part 10 Article 25 of the Federal Law "On State Procurement…", each sealed bid or on-line bid, submitted within the time limit specified in an open bidding notice, must be registered by an ordering authority. Upon request of a bidder which submitted a sealed bid, the ordering authority issues a receipt to confirm the date and time of receiving a sealed bid.
FSFR Russia disagreed with the FAS Russia's decision and appealed to the Moscow Arbitration Court. The Court, however, dismissed the complaint of FSFR Russia and, therefore, confirmed legality and validly of FAS Russia decision and proposal.
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