OREANDA-NEWS. April 14, 2008. The 9th Arbitration Appeal Court confirmed the rightness of the Federal Antimonopoly Service (FAS Russia), which included "Medintorg" CJSC in the Register of unfair suppliers, reported the press-centre of FAS Russia.

FAS Russia established that the Federal Agency on Health Care and Social Development (Roszdrav) held an auction for governmental contracts for supplying medications within the "Tuberculosis" sub-programme, of the special federal programme "Preventing and Control of Socially Significant Diseases (2007-2011)".

According to the Bids Pre-Qualification Protocol of 9th August 2007, "Medintorg" CJSC was pronounced the only bidder participating in one of the lots.

After the Roszdrav Auction Commission signed the Bids Pre-Qualification Protocol and Notification to "Medintorg" CJSC that the governmental contract on the lot in question would be forwarded to the company, on 10th August 2007 "Medintorg" CJSC notified Roszdrav that it would withdraw its auction bid. Consequently, the draft governmental contract with "Medintorg" CJSC was not signed. Therefore, the only bidder in the open auction avoided entering into the contract.

As "Medintorg" CJSC sent its notification on withdrawing from the auction out-of-time, in violation of provisions of the Federal Law "On State Procurement …", it could not have been accepted by the Auction Commission.

Reference:
Under Part 10 Article 35 of the Federal Law "On Federal State Procurement of Goods, Works and Services", a bidder that has submitted its auction bid can withdraw the bid at any time prior to the date and time when the bid pre-qualification begins.

Under Article 19 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and Clause 8 of the Decree of the Government of the Russian Federation "On Approving the Regulations on Maintenance of the Register of Unfair Suppliers and on the Requirements to Technological, Software, Linguistic, Legal and Organizational Support Means for Maintaining the Register of Unfair Suppliers", Roszdrav forwarded information about "Medintorg" CJSC to FAS Russia for including the company in the Register of unfair suppliers.

The Antimonopoly Service verified whether the information, presented in the documents, contained the data required by the Regulations on the Register Maintenance; and on 16th October 2007, in accordance with Clause 4 of the Regulations published information regarding "Medintorg" CJSC on the official web site of the Russian Federation for procurement information.

Therefore, the Order of FAS Russia on including "Medintorg" CJSC " in the Register of unfair suppliers was issued in absolute compliance with the Federal Law "On State Procurement…".

The company disagreed and appealed. The Court found the arguments of the company justified. However, the Appeal Instance of the Arbitration Court revoked the ruling of the Court of First Instance and, therefore, confirmed the rightness of the FAS Russia's position.