OREANDA-NEWS. April 09, 2009. The Federal Antimonopoly Service (FAS Russia) confirmed legitimacy of the complaint of "UK Matorin" Ltd. on the outcome of the tender for selecting the managing company for the apartment blocks in "Ochakovo-Matveyevskoye" District in Moscow, organized by the municipal Council, reported the press-centre of FAS Russia.

Earlier, based on the petition of "UK Matorin" Ltd., FAS Russia initiated a case against the Council for violating Part 1 Article 17 of the Federal Law "On Protection of Competition".

In September 2008, the Council of "Ochakovo-Matveyevskoye" District in Moscow organized an open tender for selecting the managing company for the apartment blocks in "Ochakovo-Matveyevskoye" District. The tender was organized in accordance with No.75 Regulations for organizing open tenders for selecting the managing company for the apartment blocks by the local self-governing bodies, approved by the Government of the Russian Federation on 6th February 2006.

Investigating the case, FAS Russia established that the winner had been determined on the basis of two criteria. First, the costs of additional works and services for maintenance and repair of the common property of the owners of the premises in the apartment blocks. The second criterion was the list of additional works and services for maintenance and repair of the common property of the owners of the premises in the apartment blocks.

According to the filed materials, "UK Matorin" Ltd. was the first to made an offer with the highest cost of additional works and services for the lots - 186 517.13 Rubles, as well as the offer on the list of such works and services in accordance with the tender documentation. The offer of the second participant - the Housing Maintenance Office of "Ochakovo-Matveyevskoye" District (State Unitary Enterprise) - was 175 000 Rubles, and the third offer of the Moscow State Unitary Enterprise for operating high-rise administrative and residential buildings was 186 517.13 Rubles.

Under Clause 76 of the regulations, if after three announcements of the cost of the works and services none of the bidders offered higher costs, the Tender Commission shall announce the bidder that made the offer with the highest cost of the additional works and services.

Based on the above, FAS Russia concluded that the winner should have been "UK Matorin" Ltd.

Nevertheless, the documentation of the Tender Commission showed that the last offer with the highest cost was not made by "UK Matorin" Ltd. but by the Housing Maintenance Office of "Ochakovo-Matveyevskoye" District (State Unitary Enterprise), that ultimately was pronounced the winner of the tender. The Moscow State Unitary Enterprise for operating high-rise administrative and residential buildings was pronounced the bidder that offered the second-to-the-highest offer for the cost of additional works and services. The Tender Protocol did not refer to the offer of "UK Matorin" Ltd. regarding the cost of additional works and services.

Having investigated the case, the FAS Russia's Commission found that the Council of "Ochakovo-Matveyevskoye" District in Moscow violated Clause 3 Part 1 Article 17 of the Federal Law "On Protection of Competition" by violating the procedures for determining the winner of the bidding in the open tender for selecting the managing company for the apartment blocks in "Ochakovo-Matveyevskoye" District in Moscow.