OREANDA-NEWS. December 15, 2008. The 9th Arbitration Appeal Court confirmed legitimacy and relevance of the decision of the Federal Antimonopoly Service (FAS Russia) regarding the Federal Water Resources Agency, reported the press-centre of FAS Russia.

Earlier FAS Russia recognized that the Federal Water Resources Agency had violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

FAS Russia received a complaint from "Kompania Chisty Mir" Ltd. against the actions of the Federal Water Resources Agency in an open tender for the servicing a communication centre (an automatic telephone station), cable telephone network, telephone and fax sets, and supporting events and conferences in the conference hall and the negotiations room in 2008.

"Kompania Chisty Mir" Ltd. stated that the tender documentation prepared by the Ordering Party did not include the procedures for allocating scores on every criteria; the Bids Evaluation and Comparison Protocol did not contain the procedures for bids evaluation and comparison and information about the decision of each member of the Commission on allocating scores to the bids on every criterion of bids pre-qualification evaluation and comparison. Furthermore, the Ordering Party breached the timeframe for concluding the governmental contract.

Under Part 7 Article 65 of the Law on State Procurement, in the tender documentation the Ordering Party must specify the criteria, their content and importance in accordance with the law. The "Informational Map of the Tender" Chapter specifies criteria for bids evaluation, and maximum and minimum scores allocated for each criteria. The tender documentation, however, did not include procedures for allocating the scores under each criterion, which contravened Part 7 Article 65 of the Law.

Under Part 10 Article 28 of the Law, the Tender Commission keeps the Bids Evaluation and Comparison Protocol, which should have information about the location, data and time of the bids evaluation and comparison, etc.

The Federal Water Resources Agency filed a suit to the Moscow Arbitration Court and then to the 9th Arbitration Appeal Court. However, the Court fully dismissed the claim of the Federal Water Resources Agency.