OREANDA-NEWS. On March 23, 2009 the Federal Arbitration Court of the Moscow District dismissed the claim of the Federal Road Agency and confirmed validity and relevance of the decision and determination of the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found that 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.

The Federal Antimonopoly Service received a complaint of "Factor" Ltd. The Petitioner stated that the Federal Road Agency had violated the state procurement legislation in organizing a public tender for carrying out the works for developing, control and maintenance of an automated road data bank in 2008.

Investigating the case, FAS Russia established that the Federal Road Agency had unlawfully rejected the bid of "Factor" Ltd., claiming that the bid had failed to meet the requirements specified in the tender documentation: including a certified copy of payment instruction in the bids.

Having processed the case, the FAS Russia issued a determination to the Federal Road Agency requesting it to cancel the Bids Consideration Protocol and consider, evaluate and compare the bid in accordance with the procedures specified in the tender documentation and the Federal Law "On State Procurement…".

The Federal Road Agency filed a lawsuit to the Moscow Arbitration Court, the Appeal Instance, and then to the Cassation Court. All three instances confirmed the rightness of the Antimonopoly Service.

Reference:
94-FZ Federal Law "On State and Municipal Procurement of Goods, Works and Services" came into force in January 2006.

The Law 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. The main objective of the Law is to save state budgetary funds.

In 2008 enforcement of the Federal Law "On State Procurement…" saved the state budget around 260 billion Rubles, in 2007 -168 billion Rubles, and in 2006 -106 billion Rubles.