OREANDA-NEWS. March 25, 2009. The Moscow Arbitration Court dismissed the claim of "Energostroi" Sakhalin Company" Ltd. and the Municipal Authority of the "Dolinsk" Town District, 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.

In October 2008, FAS Russia received a petition of "Rosstroi" Ltd. The Petitioner stated that the Municipal Authority of the "Dolinsky" Town District violated the law in organizing a public auction "Reconstrcutio of the heat supply system in Dolinsk".

The Petitioner reported that it had sent an enquiry to the Ordering Party regarding the auction documentation. The questions were related to the provisions of the auction documentation and required adequate explanations.

Under Part 1 Article 24 of the Law on State and Municipal Procurement, the Ordering Party must, within two working days after receiving the above enquiry, send a written or an electronic explanation the provisions of the auction documentation.

Upon receiving the enquiry of "Rosstroi" Ltd. (which was confirmed by the acceptance mark put by the Ordering Party on the enquiry), the Ordering Party responded with explanations after ten days upon receiving the enquiry, which was in violation of Part 1 Article 24 of the Federal Law "On State and Municipal Procurement…".

The deadline for filing the applications for participation in the auction was 10th October 2008, and violating the statutory period for sending the explanation by the Ordering Party prevented "Rosstroi" Ltd. from participating in the auction.

Also FAS Russia found that in breach of Part 2 and Part 4 Article 34 of the Federal Law "On State and Municipal Procurement…" the auction documentation did not include the requirements to the description, quality and location of the works and their technical specification.

Having investigated the case, FAS Russia issued a determination to the Municipal Authority of the "Dolinsk" Town District requesting to cancel the Protocol for Consideration of the Applications for Participation in the Public Auction, amend the auction documentation and extend the deadline for filing the applications for participation in the auction.

"Energostroi" Sakhalin Company" Ltd. and the Municipal Authority of the "Dolinsk" Town District filed a lawsuit. The Court, however, dismissed their claim.