GkNIPAS Federal Treasury Enterprise Violated Antimonopoly Law
OREANDA-NEWS. September 04, 2014. “GkNIPAS” Federal Treasury Enterprise violated the antimonopoly law by setting unreasonable excessive requirements to the bidders.
The Federal Antimonopoly Service (FAS Russia) found that “State Treasury Aviation Systems Research-and-Testing Facility” (“GkNIPAS”) violated Part 1 Article 17 of the Federal Law “On Protection of Competition” (actions resulted in restricting or eliminating competition in the course of request for proposals).
Earlier FAS received petitions from the Military Equipment Department of the Ministry of Defence of the Russian Federation and “AVIATORRESOURCE” Ltd. to verify whether “GkNIPAS” actions to select the buyer of ferrous and non-ferrous metals complied with the antimonopoly law.
“GkNIPAS” is executing a government contract for ammunition utilization concluded with the Ministry of Defence. Under the contract, the enterprise is obligated to sell the ferrous and non-ferrous scrap, obtained as a result of utilization, and transfer the proceeds to the Ministry of Defence.
Organizing the request for proposals for the right to conclude scrap buying-and-selling contract, “GkNIPAS” set unreasonably excessive requirements to the bidders: mandatory licenses granting the right to utilize ammunition and components. Thus, the better price bid of “AVIATORRESOURCE” Ltd. was rejected, which, in the FAS opinion, resulted in restricting competition.
“In this case, actions of “GkNIPAS” did damage to the State, since the state property was sold on non-competitive conditions, at the price considerably below the market level”, pointed out the Head of FAS Department for Control over Industry and Defence Complex, Maxim Ovchinnikov.
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