OREANDA-NEWS. On August 02, 2007 the Federal Arbitration Court of the Moscow District dismissed an appeal of "Firma IT" - Information Technology" CJSC against the judgment of the Moscow Arbitration Court of 20.02.2007 and the ruling of the 9th Arbitration Appeal Court of 7.04.2007, according to which the decision passed by the Federal Antimonopoly Service (FAS Russia) on 15.11.2006 regarding the case on breaching the state procurement legislation by the Federal Aeronautic Service (FANS Russia), was found valid and justified, reported the press-centre of  FAS Russia.

FAS Russia considered a complaint of "KVARTA VK" Ltd. against the actions of the FANS Russia Tender Commission in an open bidding for works on development, implementation and follow-up support of "Kvarta" software and hardware for financial and economic records and manpower inventory for the needs of FANS Russia.

Upon considering the above complaint, FAS Russia found that FANS Russia breached Part 2 Article 27 and Clause 4 Part 1 Article 12 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services" carrying out the above mentioned bidding.

FANS Russia breached the law by allowing "Firma IT" - Information Technology" CJSC to take part in the bidding although the terms of the state contact specified in the bid of "Firma IT" - Information Technology" CJSC failed to meet requirements of the Tender Documentation.

Moreover, the FANS Russia Tender documentation did not specify the procedures for evaluating the bids.

Having considered the case, FAS Russia found that the complaint of "KVARTA VK" Ltd. was justified, and it issued determinations to FANS Russia requesting to:

- Withdraw № 16 bids evaluation and comparison protocol of 09.11.2006 and № 15 bids consideration protocol of 09.11.2006;
- Implement procedures for bids consideration, evaluation and comparison according to the Law requirements on bids placement, with due account of equal value of all bids evaluation criteria.

"Firma IT" - Information Technology" CJSC disagreed with the FAS Russia's decision and appealed.

Therefore, the courts of three instances confirmed validity and soundness of the FAS Russia's decision towards the Federal Aeronautical Service.