OREANDA-NEWS. March 13, 2013. The Federal Antimonopoly Service (FAS Russia) found that “Rosmorport” Federal State Unitary Enterprise violated the Federal Law “On Protection of Competition” in an open tender for the right to conclude a contract for leasing an item of immovable property of Magadan Commercial Sea Port: the organizer published incomplete information about the item of immovable property and unreasonably prevented bidder’s participation in the tender (Part 1 Article 17 the Federal Law “On Protection of Competition”).

Investigating the case, the FAS Commission established that publishing incomplete information about the item of immovable property without specifying the conditions enabling to determine the berthing capacity reduced the number of persons intended to take part in the tender.

“Polyus” Gold-Mining Company” CJSC was not allowed to take part in the tender because the estimated freight turnover in the bid did not correspond with the berthing capacity established in accordance with the conclusion on certification and classification of the berthing facilities of Magadan Commercial Sea Port, which was not published by the organizer on the official tender web-site; the information was also absent in the tender documentation.

The outcome of the tender determined the winner and the draft contract was signed and forwarded for approval to the property owner – the Federal Agency for Marine and Inland Water Transport, which earlier had approved the tender documentation.

The contract, however, was not approved. The Order of the Ministry of Transport states that a contract concluded with the winner of a tender is also subject to approval.

The property, the rights of possession and disposition over which were the subject matter of the tender, was transferred without tender procedures to one of the bidders due to an inseparable connection with the item in question on the basis of the Law on Seaports.

The case materials will be forwarded to the General Prosecutor’s Office of the Russian Federation.

FAS will approach the Ministry of Economic Development regarding No.191 Order of the Ministry of Transport of 2nd November 2009 in order to carry out an expert examination of the Order as hampering entrepreneurial activities.