OREANDA-NEWS. On August 08, 2007 the Federal Antimonopoly Service (FAS Russia) recognized that a complaint of "NTTs Expertcentre" CJSC against the Federal Customs Service was justified, reported the press-centre of FAS Russia.

According to the complaint, the Russian Federal Customs Service breached the state procurement legislation in an open bidding for the governmental contract on the "Developing portable X-ray fluorescent analyzer of raw material" development and engineering project.

The Federal Customs Service breached the legislation when its Tender Commission unreasonably refused to allow "NTTs Expertcentre" to participate in the tender for a governmental contract on the "Developing portable X-ray fluorescent analyzer of raw material" development and engineering project".

On 18th June 2007, FCS Russia placed on its official site www. zakupki.gov.ru call to participate in the open bidding.

On 26th July 2007, the Tender Commission considered the bids, which was registered in a relevant Protocol. According to the Protocol, the bidder in question was not allowed to participate in the tender. The tender was recognized invalid; and the Commission announced the single bidder with who the government contract must be singed "Yuzhpolimetall-Holding" CJSC.

The Tender Commission based its decision on an assumption that the "NTTs Expertcentre"'s bid did not match the "Technical Specification" chapter of the tender documentation.

However, the tender documentation did not require strict matching to the complete set of the Portable X-ray Fluorescent Analyzer (PXFA), so any bidder could offer any option for the above product, which meets technical specifications of the tender document.

Having considered the case, the FAS Russia Commission found that FCS Russia breached Part 2 Article 12 of the Federal Law "On State Procurement…" and issued determinations to FCS Russia to withdraw the bids consideration protocol and carry out the bids consideration procedure in accordance with the state procurement legislation.