OREANDA-NEWS. July 09, 2008. The Federal Antimonopoly Service (FAS Russia) informed the Ministry of Finances of the Kabardino-Balkarian Republic (the Ordering Party) and "Spetsproektstroi" Ltd. (the Petitioner) on its decision with regard to the complaint of "Spetsproektstroi" Ltd. against the actions of the "Directorate of the Unitary Ordering Party" State Enterprise for Operational Management of Public Property of the Kabardino-Balkarian Republic, the State Property Fund of the Kabardino-Balkarian Republic and the Auction Commission of the Ministry of Finances of the Kabardino-Balkarian Republic in an open auction for "Construction of mudslide and avalanche protection facilities from Azau meadow to Terskol township", reported the press-centre of FAS Russia.

The Petitioner stated that the Auction Commission had unlawfully rejected the company's bid. Furthermore, the auction documentation wrongfully combined construction, design and survey works in a single lot.

Processing the complaint, FAS Russia established that according to the Bids Pre-Qualification Protocol, the Auction Commission had rejected the Petitioner's bid because it had failed to comply with the auction documentation. In particular, the bid did not include a license for design and survey works. The auction documentation specified that the bidders must present copies of valid licenses for construction works, the works associated with heightened danger of industrial productions and plants, as well as design works. Therefore, absence of such licenses constituted the grounds for refusing the auction bid under Clause 4 Part 1 Article 12 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services".

FAS Russia concluded that design and survey works are technologically and functionally interdependent and combining them in the same lot does not contravene the state procurement legislation.

Therefore, FAS Russia found the compliant groundless.