Court Confirmed FAS Decision on Continent-Service
OREANDA-NEWS. On March 23, 2009 the Moscow Arbitration Court dismissed the claim of "Continent-Service" Ltd. and confirmed legitimacy of the actions undertaken by the Federal Service for Hydrometeorology and Environmental Monitoring and the Federal Antimonopoly Service (FAS Russia) on including "Continent-Service" Ltd. in the Register of Unfair Suppliers, reported the press-centre of FAS Russia.
Earlier FAS Russia received a petition from the Federal Service for Hydrometeorology and Environmental Monitoring (Roshydromet) on including information about "Continent-Service" Ltd. in the Register of Unfair Suppliers because the company had refused to conclude a governmental contract for researching volcanism its methods of its regulation.
Based on the petition, FAS Russia initiated a case on including information about "Continent-Service" Ltd. in the Register of Unfair Suppliers.
According to the Bids Consideration protocol, the tender was recognized invalid because the only bid was filed by "Continent-Service" Ltd., which was recognized the sole participant of the tender.
The Ordering Party sent two notifications "Continent-Service" Ltd. - on 24th September 2008 and 6th October 2008 - the sole participant of the tender, asking it to arrive to Roshydromet for concluding the governmental contract.
"Continent-Service" Ltd. sent a letter to the Ordering Party notifying that the company was forced to refuse signing the contract with Roshydromet due to terminating employment of its specialists on volcanology.
Reference:
Under Part 5 Article 27 of the Law, if the sole participant of the placement of order, who filed an application for participating in a tender and is recognized as a tender participant, failed to present a signed contract the Ordering Party within the period specified in the tender documentation, it shall be recognized that this participant has avoided singing a governmental contract.
Having investigated the case, FAS Russia included the company in the Register of Unfair Suppliers.
"Continent-Service" Ltd. filed a lawsuit. The Court confirmed the rightness of the antimonopoly authority and legitimacy of the actions undertaken by Roshydromet.
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