OREANDA-NEWS. May 28, 2009. The Federal Antimonopoly Service (FAS Russia) processed a complaint of "Soyuzspetsosnashcenie" CJSC against the actions undertaken by the Investigation Committee of the Prosecutor's Office of the Russian Federation in an open auction for supplying criminal investigation equipment, reported the press-centre of FAS Russia.

The petitioner complained that on 13th April 2009 "Soyuzspetsosnashcenie" CJSC sent by e-mail an enquiry to the Committee regarding certain clauses of the auction documentation. On 14th April 2009 the same enquiry was sent to the Committee by fax with receipt confirmation. Nevertheless, the enquiry about provisions of the auction documentation, sent by the petitioner, was not published by the ordering party on the official web site. Also the Bids Consideration protocol was signed by four members of the auction commission, which, according to the petitioner, was in breach of the law.

Investigating the case, the FAS Russia's Commission established that under Part 8 Article 34, and Part 1 Article 24 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services", any bidder can send a written enquiry, in particular, in the form of an electronic document, regarding clarification of the auction documentation.

The auction documentation specifies that an enquiry regarding provisions of the auction documentation should be sent to the ordering party by post or in the form of an electronic document, signed in accordance with the normative legal acts of the Russian Federation, to the e-mail address given in the auction documentation.

The auction documentation does not provide for bidder's sending an enquiry about provisions of the auction documentation by fax.

Also in accordance with Clause 3 Article 11 of the Federal Law "On Information, Information Technology and Protection of Information", an electronic document equal to the document with the original signature is an electronic message signed with a digital electronic signature or any other analogue of an original signature.

Therefore, "Soyuzspetsosnashcenie" CJSC failed to send an enquiry to the ordering party about provisions of the auction documentation in accordance with the established procedures.

FAS Russia also discovered that the Bids Consideration Protocol was signed by four members of the auction commission. The auction commission was formed by order of the Investigation Committee of the Prosecutor's Office of the Russian Federation, according to which the commission had seven members. Under Part 10 Article 7 of the Federal Law "On State and Municipal Procurement of Goods, Works and Services" the commission is authorized to perform its functions if at least 50% of its members are present at the meeting of the commission.

Having investigating the complaint, the FAS Russia's Commission found it unjustified.