OREANDA-NEWS. December 25, 2008. The 9th Arbitration Appeal Court dismissed the claim of the Federal Road Agency and confirmed legitimacy and relevance of the decision and determination issued by the Federal Administrative Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found that the Federal Road Agency violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations.

The Federal Administrative Service received a petiton from "Factor" Ltd. The Petitioner stated that the Federal Road Agency violated the state procurement legislation in an open tender for the works on creating, maintaining and supporting the automated bank of road data in 2008.

Investigating the case, FAS Russia established that the Federal Road Agency had unlawfully rejected the bid of "Factor" Ltd. for participating in the tender, stating the bid had failed to comply with the requirements specified in the tender documentation in the part of including a certified copy of the payment instructions in the bid.

Having processed the case, FAS Russia issued a determination to the Federal Road Agency to cancel the Bids Pre-Qualification Protocol and organize the bids pre-qualification, evaluation and comparison according to the procedures specified by the tender documentation and the Federal Law "On State Procurement …".

The Federal Road Agency filed a claim to the Moscow Arbitration Court and later appealed to the Appeal Instance. The Courts, however, confirmed the rightness of the Antimonopoly Service.