OREANDA-NEWS. December 04, 2007. Moscow Arbitration Court confirmed validity of the decision, made by the Federal Antimonopoly Service (FAS Russia), which recognized that the Federal Tax Service (FTS) of Russia had breached the Federal Law "On State and Municipal Procurement of Goods, Works and Services" in an open tender for the right of use of software tools (licenses) for virus protection of working stations and servers, and integrated anti-spam/virus protection of mail servers, reported the press-centre of FAS Russia.

The case against FTS Russia (the ordering party) was initiated upon the complaint of "LETO Progranmoye obespechenie [software]" Ltd. (the petitioner).

In accordance with the tender documentation, the software tools offered by the bidets must be Lotus Domino compatible. "LETO Progranmoye obespechenie" Ltd. offered "Antivirus NOD 32 Enterprise Edition" as the means of virus protection.

FAS Russia established that the company submitted information on compatibility of the offered anti-virus software tool with Lotus Domino in the bid.

The ordering party, however, did not agree with it and rejected the companies bid which violated Part 2 Article 12 of the Federal Law "On Procurement...".

In addition, the ordering party requested notary-certified copies of certificates issued by an authorized body, while all certificates presented by the bidders must be dated no earlier than the date when the ordering party published the open bidding notification in an official print media. The above requirements contravened Part 4 Article 25 of the Federal Law "On Procurement...".

Also FAS Russia established that the Bids Evaluation and Comparison Protocol did not contain the procedures for bids evaluation and comparison, which was in breach of Part 10 Article 28 of the Federal Law "On Procurement...".

FAS Russia found that FTS Russia violated the state procurement legislation and issued a proposal to repeal the Bids Consideration Protocol, as well the Bids Evaluation and Comparison Protocol, under which "Sistematika" Ltd. was declared the winner.

"Sistematika" Ltd. disagreed with FAS Russia's decision and appealed to the Не Moscow Arbitration Court. The Court, however, found the company's arguments unreasonable and, therefore, confirmed validity of the FAS Russia's position.