OREANDA-NEWS. August 15, 2014. The Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) fined “Vodokanal” Ltd. (Leninsk-Kuznetsky) for violating the competitive bidding procedures.

In June 2014 Kemerovo OFAS Russia recognized a complaint of “Vash Doctor” Medical Centre about actions of “Vodokanal” Ltd. ? an ordering party at a quotation request for selecting a contractor to exercise regular medical examinations of its workers.

The company included a requirement in No.1 Appendix to undergo medical examinations at the Occupational Pathology Centre, without indicating a possibility to be examined in other medical organizations that have the right for exercising such check-ups and expert examinations, which is a violation of Part 1 Article 3 of the Federal Law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” (No.223-FZ).

As a result, Kemerovo OFAS Russia issued a determination to “Vodokanal” Ltd. to eliminate violations and opened an administrative case to hold the violator liable.

“Although the fine is not large, it is worth pointing out that this is the first experience of OFAS with administrative cases against ordering parties and organizers of competitive bidding not associated with municipal and state procurement. We have been waiting for introducing administrative sanctions against such violators since the Federal Law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” came into effect. Now we have a possibility to hold ordering parties and organizers liable”, commented Deputy Head of Kemerovo OFAS Russia, Elena Kloster.

1. Article 18.1 of the Federal Law “On Protection of Competition” determines the process of the antimonopoly authority investigating complaints of economic entities about organization of competitive bidding except complaints about placing orders for the works for state and municipal needs. Such complaints are considered within seven days after the date a complaint was received.

2. Part 1 Article 3 of No.223-FZ Federal Law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” of 19.07.2011 establishes the principles and main provisions of procurement of goods, works, services.

3. Under Part 7 Article 7.32.3 of the Code of the Russian Federation on Administrative Violations, non-compliance with the requirement, provided for by the law of the Russian Federation on procurement of goods, works, services by certain types of legal entities to the content of notifications <…> is punishable by an administrative fine upon officials – from 2000 to 3000 RUB; upon legal entities – from 5000 to 10,000 RUB.