OREANDA-NEWS. July 22, 2008. The Moscow Arbitration Court confirmed validity of the decision of the Federal Antimonopoly Service (FAS Russia) regarding the Federal State Statistics Service (Rosstat), reported the press-centre of FAS Russia.

Earlier FAS Russia recognized that the Federal State Statistics Service violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

The case was initiated upon a petition of "Viatra" CJSC. The Petitioner claimed that the Ordering Party had breached the Law in an open bidding for the services on increasing public awareness in 2008 - 2010 with regard to the All-Russian Population Census 2010 (including the pilot population census 2008).

The Petitioner stated that the Ordering Party wrongfully allowed "KROS" CJSC to take part in the bidding.

Nevertheless, FAS Russia established that the bid of KROS" CJSC had fully complied with the Law and tender documentation.

Therefore, the tender Commission had justly allowed "KROS" CJSC to take part in the bidding and the argument of "Viatra" CJSC that the bid of KROS" CJSC had failed to meet the requirements set in the tender documentation, was ungrounded.

"Viatra" CJSC also petitioned the Court claiming that the FAS Russia's Commission breached Clauses 1 and 4 Part 1 Article 12 of the Law "On State Procurement…".

Part 1 Article 12 of the Law "On State Procurement…" specifies the actions of a tender Commission for bids pre-qualification.

Under Part 2 Article 7 of the Law "On State Procurement…", the Ordering Party forms a Tender Commission before it can publish a tender notification. Pursuant to the Order of Rosstat, the Ordering Party (Rossat) formed the "Commission for Procurement of Supplying Goods, Executing Works and Offering Services for the Needs of Rosstat". Тhe Commission was authorized to exercise the actions listed in Part 1 Article 12 of the Law "On State Procurement…" during the tender.

That means that FAS Russia cannot be a party to legal relationship with regard to bids pre-qualification by the Rosstat Tender Commission and accordingly could not have breached Clauses 1 and 4 Part 1 Article 12 of the Law "On State Procurement…".

In FAS Russia's opinion, the Petitioner failed to prove the infringement of its rights and legitimate interests.

FAS Russia investigated Petitioner's claims that the bids should have included information on yearly as well as quarterly (for the current year) contract pricing, and established that such claims were unjustified and contravened the Law.

The FAS Russia's Commission concluded that such violations of the Federal Law "On State Procurement…" had not affected the results of the bidding and, therefore, did not issue a determination.

"Viatra" CJSC then petitioned the Moscow Arbitration Court, which confirmed the rightness of the Antimonopoly Service.