OREANDA-NEWS. May 06, 2009. The Federal Antimonopoly Service (FAS Russia) found that the Federal Air Transport Agency violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" in an open tender for furniture supplies, reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Polynex" trading House" Ltd.

The Petitioner complained that its bid for the tender had been rejected on the grounds that the bid had not included an essential condition for execution of the governmental contract - specific name and the type of products offered for supplies, which is mandatory under Article 455 of the Civil Code of the Russian Federation. Also the Petitioner's bid did not include technical specifications of the goods offered for supply: upholstery, materials, the colour of the fittings.

At the same time, the technical scope of work, defined in the tender documentation, the Ordering Party failed to set specific requirements for including the name and type of goods offered for supplies in the bids.

On this basis, the FAS Russia's Commission concluded that refusal to accept the bid had violated Part 2 Article 12 of the Federal Law "On State Procurement…" and had the signs of an administrative violation under Part 2 Article 7.30 of the Code of the Russian Federation on Administrative Violations.

Having investigated the case, FAS Russia found the complaint justified.

In course of an unscheduled inspection FAS Russia established that according to the tender documentation the bid, the offering on the quality characteristics of the goods, the power of attorney, and the bidder's application form must have been signed by the chief accountant, which contravened Part 4 Article 25 of the Federal Law "On State Procurement…".

Also the Information Map of the tender set the requirement to the bidders that the collateral for the bid must be transferred to the beneficiary, whose account details were given in the Information Map of the tender, in due time so that the funds must be received to the beneficiary's account no later than the time and the date of bids opening. However, the Ordering Party set the deadline and the procedures for depositing the funds in such a way that did not allow to file the bids on the last day of filing the bids for participating in the tender, which contravened Clause 15.1 Part 4 Article 22, Sub-Clause "a" Clause 3 Part 3 and Part 4 Article 25 of the Federal Law "On State Procurement…".

As the government contrail had already been concluded, FAS Russia did not issue a determination to the Federal Air Transport Agency. Nevertheless, FAS Russia will see in the possibility to open an antimonopoly case.

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.