OREANDA-NEWS. March 25, 2009. The Federal Antimonopoly Service (FAS Russia) found ungrounded the complaint of "No.19 Garment Factory" CJSC against the actions undertaken by the Ministry of the Russian Federation on Civil Defence, Emergency Situations and Natural Disasters Response (MChS Russia) in a public auction for supplies of the stores service goods for the needs of MChS Russia in 2009, reported the press-centre of FAS Russia.

Earlier FAS Russia was approached by "No.19 Garment Factory" CJSC. The Petitioner stated that MChS Russia did not allow to company to participate in the auction on the grounds that:

- the Petitioner filed two bids for the same lot;

- the Petitioner did not list of all documents marching the documents included in the bid (number of documents and their content);

- the Petitioner did not supply information on functional (consumer qualities) and quality characteristics of the goods, the quality of works or services.

Investigating the case, FAS Russia established that the auction commission lawfully rejected the Petitioner's participating in the auction.

Upon processing the complaint, the FAS Russia's Commission found it unjustified.

Investigating the case, however, FAS Russia discovered that MChS Russia failed to provide information regarding the auction documentation to "No.19 Garment Factory" CJSC within then statutory period and did not place the explanations on the official web site www.zakupki.gov.ru. Such actions violated Part 8 Article 34 of the Law "On State Procurement…" and constitute an administrative violation under Part 1 Article 7.30 of the Code of the Russian Federation on Administrative Violations.

Within two working days upon receiving the enquiry on explanation of the provisions of the auction documentation, the Ordering Party must send written explanations, or explanations in form of an electronic document, of the provisions of the auction documentation, if the Ordering Party received the enquiry no later than five days before the deadline for filing the applications for participation in the auction. Also the Ordering Party must place such an explanation at the official web site, indicating the subject of the enquiry, within one day after the explanations of the provisions of the auction documentation were sent to an auction participant.

FAS Russia did not issue a determination because the violation had not affected the auction outcome. The Antimonopoly Service will examine possibility of initiating an administrative case.

Reference:
The Federal Law "On State Procurement…" is aimed at increasing transparency of state and municipal procurement, and preventing corruption and abuse to determine the best conditions for execution of governmental contracts.

In 2008 enforcement of the Federal Law "On State Procurement…" saved around 260 billion Rubles.