OREANDA-NEWS. June 09, 2008. The Federal Arbitration Court of the Moscow District confirmed validity of the position of the Federal Antimonopoly Service (FAS Russia) regarding the Federal Agency for Health Care and Social Development (Roszdrav Russia), reported the press-centre of FAS Russia. 

Earlier FAS Russia received a complaint from "IMPULSE IVTs" Ltd. against the actions of Roszdrav Russia (the Ordering Party) in an open bidding for the works on providing technical support, follow-up and operation of informational-computational system, office equipment and automatic telephone exchange".

FAS Russia established that on 29th January 2007 the Ordering Party placed a tender notification on the official web site for state procurement in the Russian Federation www.zakupki.gov.ru.

On 2nd March 2007, the Tender Commission of the Ordering Party opened the bids and registered the Bids Opening Protocol.

On 12th March 2007, the bids were considered and the Ordering Party published the Bids Consideration Protocol in the Internet.

However, on 28th March 2007 the Ordering Party put information on the official web site that Roszdrav Russia decided not to organize the tender.

That is, Roszdrav Russia refused to organize the tender after completing the bid opening procedure and after the bids had been considered.

Under Part 5 Article 21 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services", the Ordering Party that placed a notification on an open bidder on the official web-site can refuse to organize the tender no later than 15 days before the deadline for submitting the bids.

Therefore, Roszdrav Russia violated Part 5 Article 21 of the Federal Law "On State Procurement …".

FAS Russia proposed to the Ordering Party to evaluate and compare the bids by 12th April 2007. Then, based on the results of the bids evaluation and comparison, declare the winner - the bidder who proposed better conditions for executing the governmental contract, and sign the governmental contract.

Roszdrav Russia disagreed with the decision of the Antimonopoly Service and appealed to the Arbitration Court. The arguments of the Ordering Party were accepted by the Court and then by the Court of the Appeal Instance. However, the rightness of the Antimonopoly Service was confirmed by the Court of the Cassation Instance at the hearing on 28th May 2008. It revoked the rulings of the Court of other instances and the case was remanded for reconsideration.