OREANDA-NEWS  On 03 March was announced, that the Moscow Arbitration Court dismissed the claim of the Dolinsky Town District Authority and confirmed validity and relevance of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia).

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

The Federal Antimonopoly Service relieved a complaint of "Dal'energomontqazh" OJSC against the action of the Municipal Authority in an open auction for executing design works, supplying equipment and executing construction-and-installation and adjustment-and commissioning works.

"Dal'energomontqazh" OJSC was not allowed to participate in the auction. The Municipal Authority stated among the reasons for refusing the bid of "Dal'energomontqazh" OJSC that an extract from the Unified Official Register of Legal Entities, enclosed to the bid, contained incorrect information in relation to the information given in the charter documents.

According to the Municipal Authority, the extract from the Unified Official Register of Legal Entities specified a government agency - the Ministry of Property relations of the Khabarovsk region - as the founder of "Dal'energomontqazh" OJSC. At the same time the Company Charter indicates that the company was founded by the Khabarovsk Regional Committee on State Property Management.

Also the Municipal Authority was of the opinion that the extract from the Unified Official Register of Legal Entities provided information about one company's branch, while, according to the Company Charter, "Dal'energomontqazh" OJSC has 12 branches in different regions.

Under Clause "b" Part 2 Article 35 of the Law "On State and Municipal Procurement of Goods, Works and Services", in its bid "Dal'energomontqazh" OJSC submitted a copy of the Company Charter and an extract from the Unified Official Register of Legal Entities, which contained full information about the legal entity.

At the same time, according to the auction documentation, the Ordering Party did not set the requirement to include the charter documents in the bids.

Accordingly, at the time of submitting the bids, bidders were not required to include charter documents in the bids.

Therefore, the Auction Commission unlawfully rejected the bid of "Dal'energomontqazh" OJSC on the grounds of "incorrect data".

Artificially reducing the number of auction bidders could have resulted in a more expensive contract price and restriction of competition on the market.