OREANDA-NEWS. April 09, 2009. The Federal Antimonopoly Service (FAS Russia) found that the Federal Agency for Federal Property Management violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" in an open tender for organizing integrated support for after-sales services and technical maintenance of an Information-and-Communication System, and issued a determination to eliminate the violations, reported the press-centre of FAS Russia.

The case was initiated upon a petition of "STROIPRAKTIK 21" Ltd.

The Petitioner stated that the services described in technical assignment of the tender documentation must have been organized through an auction.

FAS Russia established that according to the notice and technical assignments included in the tender documentation, the services that constituted the subject matter of the tender are classified as the services for technical maintenance and repair of office equipment, computers and accompanying peripherals.

Reference:
Under Part 4 Article 10 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services", procurement of goods, works and services that are not produced, executed or provided under specific orders of the customers, for which there is an existing market, and which can only be compared by their prices, must be organized through auctions. The Government of the Russian Federation shall determine the lists of goods, works or services that must be procured through auctions. If the goods, works or services are included in the list, state or municipal procurement of such goods, works or services through tenders is not allowed.

Having investigated the case, the FAS Russia's Commission found the complaint justified and established that the Ordering Party violated the law by organizing a tender instead of an auction. FAS Russia issued a determination requesting the Agency to annul the tender.