OREANDA-NEWS. April 07, 2009. The 9th Arbitration Appeal Court dismissed the claim of the Ministry of Regional Development of the Russian Federation (Minregion) on invalidating the decision and determination issued by, reported the press-centre of FAS Russia.

Earlier FAS Russia found that Minregion violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

FAS Russia received a complaint of "MEGATRON" Ltd. against the action undertaken by the state customer of Minregion in organizing a public auction for the services of technical support of copying-and-duplicating equipment.

"MEGATRON" Ltd. stated that requirements set by the state customer to the documents to be included in the auction bid had not been specified in the law of state procurement, in particular: a copy of a certificate issued by the Federal Service for Technical and Export Control (FSTEK Russia), as well as notary certified copies of the licences for the works that constituted the subject matter of the auction.

Under Part 3 Article 35 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services", participants of state procurement cannot be set other requirements fro presenting documents or information except specified in Part 2 Article 35 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

Under Clause 2 Part 2 Article 35 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services" participants of state procurement cannot be required to present copies of the documents confirming that their services comply with the legislation of the Russian Federation, if in accordance with the legislation of the Russian Federation such documents must be handed in with the goods.

FAS Russia issued a determination to Minregion to withdraw the Bids Consideration Protocol and to adjust the auction documentation in accordance with the Law. Minregion failed to execute the determination.

Minregion disagreed with the decision of the antimonopoly authority and filed a lawsuit to the Arbitration Court and later appealed the Court ruling to the Appeal Instance. The Courts, however, dismissed the claim of the Ministry.

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.