OREANDA-NEWS. April 09, 2009. The Federal Antimonopoly Service (FAS Russia) found that the Federal Service for Environmental, Technological and Nuclear Supervision violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations, reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Research-and-Innovation Centre of Information Technologies" Ltd.

The Petitioner stated that the Ordering Party included different types of works in the same lot for the governmental contract. According to the Petitioner, it violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services". The Petitioner also reported that the tender documentation allocated 43 scored out of the total 100 scores to the significance of the criterion "Quality of Services and Bidder's Qualification".

Investigating the case, FAS Russia established that the list of works included the works for support maintenance of hardware tools, public domain software, and copying-and-duplicating equipment, which are classified as technical services and maintenance of office equipment. In accordance with the Instructions of the Government "On the list of goods (works, services) that should be procured through auctions" of 27th February 2008, the above works must be procured through an auction. Therefore, the decision of the Ordering Party to procure through an open tender violated Part 4 Article 10 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

Also, the notice of an open tender and the tender documentation of the Ordering Party did not specify the requirements of quality, technical specifications of the goods, works or services, safety requirements, requirements for functional characteristics (consumer qualities) pf the goods, dimensions, packaging, etc., which was in breach of Clause 4 Part 4 Article 21 and Part 2 Article 22 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

Upon processed the case, FAS Russia issued a determination to the Federal Service for Environmental, Technological and Nuclear Supervision requesting to annul the bidding.

The FAS Russia's Commission pointed out that under Part 7 Article 19.5 of the Code of the Russian Federation on Administrative Violations, failure to execute a determination within the statutory period is punishable by 50 000 Rubles administrative fine.

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.