OREANDA-NEWS. November 17, 2011. The Office of the Federal Antimonopoly Service (FAS Russia) in the Tomsk Region (Tomsk OFAS Russia) found that Kirov District Authority (Tomsk) violated Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

The case was initiated upon complaint of “Roniks-M” Ltd. In July 2011, Kirov District Authority organised a quotation request for small businesses for supplying elements of a children’s playground. The following organisations took part in the quotation request: “Roniks-M” Ltd. (quotation bid – for 54,000 Rubles) and “Klever” Ltd. – the official representatives of “KSIL” CJSC, a producer of children’s playgrounds in Tomsk (quotation bid – for 62,000 Rubles).

On 27th July 2011, Kirov District Authority concluded the municipal contract with the winner - “Roniks-M” Ltd.

However, Kirov District Authority did not accept elements of children’s playgrounds produced by “Roniks-M” Ltd., referring to non-compliance of the goods with the requirements specified in the notice for the quotation request as well as conditions of the municipal contract.

On 16th August 2011, the contract between Kirov District Authority and “Roniks-M” Ltd. was terminated.

The Commission of Tomsk OFAS Russia established that by including requirements and conditions for the goods in the notice and municipal contract Kirov District Authority violated the antimonopoly law, because such requirements and conditions restrict competition between suppliers of the equipment for children’s playgrounds. The notice for the quotation request specified the following requirements for the goods: elements of the children’s playground must be supplied in accordance with the sketches, the elements must have a certificate of compliance with state standards and a passport for manufacturer’s products.

Specification analysis showed that sketches and 3D pictures of the elements of children’s playground repeat the drawings and pictures of a manufacturer of children’s playground equipment - “KSIL” CJSC (St Petersburg), placed on its official site. The marking, configuration, design, knots, materials, size of the elements of children’s playground, included by Kirov District Authority in the notice as the requirements to the goods, fully match the products of “KSIL” CJSC.

“This is a typical example what cannot be done. Organising the tender, Kirov District Authority set parameters that only suit one company. It not simply restricted but excluded the choice for other market participants”, commented the Head of Tomsk OFAS Russia, Mr. Vladimir Shevchenko.

Reference:

Under Part 1 Article 15 of the Federal Law “On Protection of Competition”, local self-government bodies, other bodies and organisations exercising the functions of the above bodies are prohibited to accept acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition.