OREANDA-NEWS. December 24, 2008. The Moscow Arbitration Court dismissed the claim of the Federal Agency for State Property Management and confirmed legitimacy and relevance of the decision and determination issued by the Federal Administrative Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found that the Federal Agency for State Property Management violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations.

The case was initiated upon a complaint of "RSM Top-Audit" Ltd. The Petitioner stated that the Agency violated the law in a tender for the audit and analysis of production and commercial operations and financial activities of federal state unitary enterprises.

Investigating the case, FAS Russia established that to evaluate the bids the Agency applied an adjusting factor, whose value depended on and was determined by the number of lots in which a bidder participated, which contravened Parts 2 and 8 Article 28 of the Federal Law "On State Procurement …".

Also in the tender documentation the Agency specified the procedures for bids evaluation and comparison under the criteria "performance time", "guarantee time for performance quality", that did not allow allocating the scores to the bidders in proportion to their offers under the above criteria, but allowed allocating the same scores to different bids. Such procedures contravened Parts 2 and 8 Article 28 of the Federal Law "On State Procurement …".

The Federal Agency for State Property Management filed a suit. The Court, however, confirmed the rightness of the Antimonopoly Service.