OREANDA-NEWS. On October 02, 2008, the 9th Moscow Arbitration Appeal Court dismissed the claim of "Stroi Remont Compania" and confirmed validity of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) to the Ministry of Defense of the Russian Federation, reported the press-centre of FAS Russia.

Earlier FAS Russia recognized that the Ministry of Defense of the Russian Federation breached 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 complaint of "Alliance-Service" Ltd. The Petitioner stated that the Ministry of Defense had violated the law on state procurement in the open tender for maintenance works of rail tracks (not in general use) to the facilities of the Ministry of Defense.

Investigating the case, FAS Russia established that the tender documentation approved by the Ordering Party did not define the requirements of quality and technical specification for the works - object of the competitive tender. The appendix to the tender documentation listed only the normative technical documentation, according to which the works must have been carried out.

The Ordering Part breached the law by not including the quality requirements and technical specification of the works - object of the competitive tender.

Having processed the case, FAS Russia issued a determination to eliminate the violations.

"Stroi Remont Compania" - the only bidder - disagreed with the FAS Russia's decision and determination and filed a suit to the Arbitration Court and then appealed to the Court of Appeal Instance.

The Courts confirmed the rightness of FAS Russia's position.