OREANDA-NEWS. August 08, 2008. Presnensky District Court, Moscow, dismissed the claim of M. Isaev, the Head of the Department for Investments, Preserving Cultural Heritage and and Developing Sector Physical Infrastructure, of the Federal Agency for Culture and Cinematography, and confirmed legitimacy of the fine imposed by the Federal Antimonopoly Service (FAS Russia) for violating the state procurement legislation, reported the press-centre of FAS Russia. 

Earlier FAS Russia recognized that the Federal Agency for Culture and Cinematography had violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations.

The case was initiated upon a petition of "Tectonica" Research and Production Company" Ltd.. The Petitioner stated that the Federal Agency for Culture and Cinematography had breached the Federal Law "On State Procurement…" in a tender for design, high-priority and repair and restoration works, as well as adopting the assets of cultural heritage for modern use.

Investigating the case, FAS Russia established that the tender documentation contained non-statutory requirements to the bidders: the bid should have included calculations of the price of the government contract, and justification of the work costs specifying the sources of reducing the opening (maximum) contract price.

Upon processing the case, FAS Russia issued a determination to the Federal Agency for Culture and Cinematography requesting it to withdraw the Bids Pre-Qualification Protocol and the Bids Evaluation and Comparison Protocol, and to repeat the above procedures without accounting for the above requirements to the bidders.

The Federal Agency appealed against the decision and determination to the Moscow Arbitration Court, which, however, confirmed the rightness of the Antimonopoly Service.

In addition, under the Code of the Russian Federation on Administrative Violations, FAS Russia fined M. Isaev, as the responsible official, 50 000 Rubles for including non-statutory requirements to the bidders in the tender documentation.