OREANDA-NEWS.  On 04 June was announced, that the Federal Antimonopoly Service (FAS Russia) found that the Federal Medico-Biological Agency violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

The case was initiated upon a petition of Soyuzinzhstroi" CJSC. The Petitioner stated that the Federal Medico-Biological Agency unlawfully refused its bid for the tender for development of software applications in 2009 used in the Central Office of the Federal Medico-Biological Agency.

Investigating the case, the FAS Russia's Commission established that according to the Information Map of the tender, the bids must include an offer on the quality of the works, prepared incompliance with the technical assignment, given in the tender documentation, and the form "Offer on the Works Quality". According to the form, the offer should be presented as an explanatory note, including the list of the works offered by the bidder under the technical assignment, the scope of the contract works and their deadlines.

The Petitioner included an offer on the quality of works in its bid. At the same time, the offer did not meet the requirements of the technical assignment, given in the tender documentation. The offer on the quality of works, prepared by the Petitioner, did not include, in particular, the works on technical and operational support of the sub-system for monitoring governmental assignment for providing high-technology medical assistance by federal medical institutions, subordinate to the Ordering Party, and the deadlines.

Therefore the Tender Commission of the Ordering Party lawfully rejected the Petitioner's bid based on Clause 4 Part 1 Article 12 of the Law "On State Procurement…".

In course of an unscheduled inspection, FAS Russia established that the Ordering Party did not specify the content of the criteria "Quality of Works" and "Bidder's Qualification" ini the tender documentation, which violated Part 7 Article 65 of the Law "On State Procurement…". Also the tender documentation required the bid include information not specified by the Law "On State Procurement…": the number and mailing address of the Inspection of the Federal Tax Service, where a bidder is registered as a taxpayer, and the following documents - registration certificate and certificate of filing at the tax office.

Having investigated the case, the FAS Russia's Commission found the complaint of Soyuzinzhstroi" CJSC ungrounded.

As the above violations did not affect the outcome of state procurement, FAS Russia did not issue a determination to the Federal Medico-Biological Agency.

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.