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 "NT-service" Ltd. The Petitioner claimed that the Ordering Party had breached the Law in an open bidding for the services on developing and improving software and engineering support for the Rosstat yearly production plans 2008 - 2010.

The Petitioner stated that Rosstat had begun the bids-opening procedure 15 minutes later than specified in the tender documentation. Delaying the bids-opening procedure enabled one of the bidders - the "Statinform" NIPI" Federal State Unitary Enterprise - to prepare and submit amendments to its bid.

FAS Russia, however, established that the bids-opening procedure was exercised in accordance with the Law "On State Procurement…".

Under Part 2 Article 26 of the Law, on the day of bids opening, including opening of the electronic bids, shortly before the procedure, the Commission must inform the bidders present at the procedure on a possibility to submit their bids, change or withdraw the bids before the bids-opening procedure is started.

It means that the Tender Commission organized the bids-opening procedure in accordance with the Law "On State Procurement…".

Therefore, the argument of "NT-service" Ltd. on violating the bids-opening procedure is unjustified.

Furthermore, investigating the complaint regarding the tender documentation, the FAS Russia's Commission found a violation of: setting such requirements to the bid content as labor intensity of the rendered services, expenses, remuneration of labor, and other expenses.

Part 3 Article 25 of the Law gives the exhaustive list of documents that must be presented with the bid.

Part 4 Article 25 of the Law states that bidders cannot be required to submit other documents and information, except those specified in Sub-Clauses "a" - "c" Clause 1, Clauses 2 and 3 Part 3 Article 25.

Thus, the requirement to include the above information in the bids was not covered by Part 3 Article 25 of the Law and violated Part 4 Article 25 of the Law.

Also "NT-service" Ltd. complained to the Court that the Rosstat Commission had allowed the bid of an affiliated person - "Statinform" NIPI".

The Law, however, does not prohibit bidding by the organizations subordinate to the Ordering Party.

Under Part 1 Article 8 of the Law, bidders are the persons intending to enter into a state or municipal contract. Bids can be submitted by any legal person, regardless of its form of incorporation, form of ownership, location and the place of origin of its capital, or any physical person, including individual entrepreneurs.

Therefore, Rosstat lawfully accepted the bid of "Statinform" NIPI", which is subordinate to Rosstat.

"NT-service" Ltd. petitioned the Moscow Arbitration Court, which, however, confirmed the rightness of the Antimonopoly Service.