OREANDA-NEWS. On March 23, 2009 the Federal Arbitration Court of the Moscow District dismissed the claim of the Ministry of the Russian Federation for Industry and Commerce and confirmed legitimacy and relevance of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia found the Federal Industry Agency (the legal successor - the Ministry of the Russian Federation for Industry and Commerce) violated the Federal Law "Oт State and Municipal Procurement" and issued a determination to eliminate the violations.

The Federal Antimonopoly Service received a petition from the "NIIAA" Federal State Unitary Enterprise. The Petitioner stated that the Federal Industry Agency had violated the Federal Law "On State Procurement …" in a public tender for the design-and-experimental work: "Developing a software system for predicting technological disasters and natural calamities at critically-important facilities" (the code of design-and-experimental works: "Eco-monitoring") as part of the federal target programme "The National Technological Basis" for 2007-2011.

Investigating the case, FAS Russia established that in the tender documentation the Federal Industry Agency set the requirements to the bidders to present price calculations that contravened the Law. The Ordering Party also specified the bids evaluation and comparison procedures that prevented objective determination of the tender winner, which showed insufficient procurement transparency and constituted violations of the Federal Law "On State Procurement …".

Having processed the case, FAS Russia issued a determination to the violator to eliminate the violations and to nullify the bidding. The FAS Russia’s determination was aimed at ensuring procurement transparency.

The Federal Industry Agency filed a lawsuit to the Arbitration Court, and then appealed to the Appeal Instance. Later the Ministry of Industry and Commerce filed a cassation appeal to the Federal Arbitration Court of the Moscow District. The Courts confirmed the rightness of the antimonopoly authority.