OREANDA-NEWS. March 25, 2009. The Moscow Arbitration Court dismissed the claim of the "Krasnoyarsk Regional Department of Federal Roads, of the Federal Road Agency" Federal State Enterprise and confirmed legitimacy and relevance of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found that "Krasnoyarsk Regional Department of Federal Roads, of 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.

Earlier FAS Russia received a petition from "EvrAzStroi" CJSC. The Petitioner stated that the Department of Federal Roads violated the law in organizing a public tender for road reconstruction "Access route to Krasnodar from "Don" M-4 road, junction at 4+700 km with two crossovers: over the road "Access route to Krasnodar" and over the "Krasnodar - Timashevsk" railway.

Investigating the case, FAS Russia discovered the following violations of the law:

- the Ordering Party established a requirement on approval of the contractors, which violated Part 4 Article 11 of the Law on State Procurement;

- the tender documentation included a requirement that the bidders must present the sheets of the scope and the cost of contract works, as well as a requirement to indicate the validity period of the offer, which violated Part 4 Article 25 of the Law;

- unilateral refusal by the ordering Party to perform the contract without a court ruling could result in the Ordering Party abusing the legislation by unreasonably refusing to execute the contract with the supplier, and also violated legitimate rights and interest of suppliers.

Having investigated the case, FAS Russia issued a determination to the "Krasnoyarsk Regional Department of Federal Roads, of the Federal Road Agency" requesting to cancel the Bids Opening Protocol and the Bids Consideration Protocol, amend the tender documentation in compliance with the law, and extend the period for filing the bids for twenty days from the date when the amendments to the tender documentation placed on the official web site.

The "Krasnoyarsk Regional Department of Federal Roads, of the Federal Road Agency" filed a lawsuit. The Court confirmed the rightness of the antimonopoly authority.