OREANDA-NEWS. March 25, 2009. The Federal Antimonopoly Service (FAS Russia) found that the Federal Agency for State Property Management violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services", reported the press-centre of FAS Russia.

As the discovered violation had not affected the bidding outcome, FAS Russia did not issue a determination. The antimonopoly authority will examine possibility of initiating a case on an administrative violation.

The case was initiated upon a petition of "STROIPRAKTIK 21" Ltd. The Petitioner stated that the Federal Agency for State Property Management had violated the law in organizing a public auction for the services of maintaining electricity supply and uninterrupted power supply systems in the buildings of Rosimuschestvo (the Federal Agency for State Property Management).

According to the Auction Protocol, the winner was "ARTs Mingosimuschestvo Russia" Federal State Unitary Enterprise. The Petitioner complained that according to the auction documentation the bidders had been supposed to present a valid license for construction of buildings and structures. "ARTs Mingosimuschestvo Russia", however, did not have such a license, which was in breach of Clause 1 Part 1 Article 12 of the Federal Law "On State Procurement…".

Investigating the case, FAS Russia established that the auction bid of "ARTs Mingosimushcestvo Russia" included the joint operation agreement between "ARTs Mingosimushcestvo Russia" and "Megapolis" Ltd., which had a valid license for construction of buildings and structures.

At the same time, that auction subject did not require a license in accordance with the current legislation of the Russian Federation.

Therefore, setting the requirement to include a license in the bid, which was not relevant to such type of bidding, was in breach of Part 4 Article 11 of the Law, and constitutes an administrative violation under Part 4 Article 7.30 of the Code on Administrative Violations.

Having investigated the case, the FAS Russia's Commission found the complaint justified.

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.