The Federal Antimonopoly Service (FAS Russia) forwarded to the Tender Commission of the Federal Agency for Culture and Cinematography (the Ordering Party) and the «Tectonica» Research and Production Company» Ltd. (the Petitioner) its decision regarding the Petitioner's complaint against the actions undertaken by the Tender Commission in an open bidding for developing the project documentation and carrying out high-priority emergency prevention activities íà historic and cultural monuments, turned over to the Russian Orthodox Church for its free use, and in an open bidding for carrying out high-priority and maintenance & restoration design work, as well as tailor cultural heritage sites to the modern needs.
FAS Russia has established that the Ordering Party specified such bidder requirements in the tender documentation that breached the state procurement legislation, notably: including the contract price calculations in the bid, substantiating the work cost and use of a conversion factor to the estimated costs of research & development, and maintenance & restoration work.
As a result, the Antimonopoly Service recognized that the Tender Commission of the Federal Agency for Culture and Cinematography violated Clause 4 Part 1 and Part 2 Article 12, Part 4 Article 25, and Part 4 Article 11 of the Federal Law «On State and Municipal Procurement of Goods, Works and Services».
FAS Russia issued a determination to the Ordering Party requesting it to eliminate violations of the state procurement legislation, notably: withdraw the Bids Admission Protocol, and the Bids Evaluation and Comparison Protocol, and repeat the above procedures disregarding the above requirements to the bidders.
Furthermore, FAS Russia initiated administrative proceedings against responsible officials of the Ordering Party under Part 2 Article 7.30. of the Code of Administrative Violations.
