OREANDA-NEWS. On August 30, 2007 the Moscow Arbitration Court confirmed the justness of the position of the Federal Antimonopoly Service (FAS Russia) regarding the Federal Migration Service (FMS Russia), reported the press-centre of FAS Russia.

In April 2007, FAS Russia initiated a case against FMS Russia based on a complaint of "Concern Znak" CJSC.

FAS Russia established that tender documentation of the open bidding for supplying work permit forms for foreign citizens or stateless persons arriving to the Russian Federation contained the requirements that violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

In particular, the ordering party requested that bidders must possess professional, technical and financial resources, equipment and other material capabilities required to execute the state contract, as well as have managerial competence and positive reputation. The above requirements were in contradiction with Part 4 Article 11 and Part 4 Article 25 of the Federal Law "On procurement…".

Moreover, the bid evaluation criteria for participation in the tender, set by the tender documentation, are not specified in the Federal Law "On procurement…", which violated Part 6 Article 28 of the Law.

FAS Russia found that the Migration Service violated the state procurement legislation and requested to withdraw the bids opening protocol, and bids evaluation protocol for participation in the tender. It also requested to amend the tender documentation in accordance with the Federal Law "On procurement…" and extend the period for submitting the bids for 20 days after introducing the necessary amendments to the tender documentation.

FMS disagreed with such a request and approached the Arbitration Court. The Court, however, found the arguments of the Migration Service unreasonable and, therefore, confirmed the rightness of the FAS Russia's position.