Court Confirms FAS Decision on BZS
OREANDA-NEWS. September 22, 2014. The 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court on legitimacy of FAS decision on the case of violating the antimonopoly law by “Baltiisky Works – Ship-Building” (“BZS” Ltd.).
On 16th January 2014, FAS found that “BZS” Ltd. violated the procedures for determining the winner of a quotation request for the right to conclude a contract for supplying high-endurance ship metal-roll to build LK-60 lead multi-purpose nuclear ice-breaker.
FAS established that evaluating and ranging the bids the Ship-Building Works an additional evaluation criterion not provided for by the procurement documentation. Thus, bid evaluation breached the procedure determined by “BZS” Ltd. in the procurement documentation.
“BZS” Ltd. disagreed with the decision of the antimonopoly authority and filed a lawsuit to invalidate and abolish it. Moscow Arbitration Court dismissed the claim; the Appeal Court supported the judgment of the Court of First Instance and recognized that the FAS decision was legitimate and reasonable.
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