On 11th August 2008, the Federal Antimonopoly Service (FAS Russia) recognized that the Federal Agency for Education violated the Federal Law «On State and Municipal Procurement of Goods, Works and Services» and issued a determination to eliminate the violations.
The case was initiated upon a complaint of «INTEGRATSIA: obrazovanie i Nauka [INTERGATION: Education and Science]» Ltd. The Petitioner stated that the Agency had breached the Law in an open bidding for development and validation of educational programmes for additional professional education in humanities aimed at providing advance training to educators in line with transition to the next generation of the Federal State Standards in Education (FGOS)
According to the Petitioner, the Ordering Party unlawfully refused to accept its bid for the open tender.
FAS Russia established that the Petitioner had included into its bid copies of the licenses for educational activities under the programmes for additional professional education, issued to third parties. The Petitioner failed to include its own copy to the bid. Under these circumstances, and governed by Article 12 of the Federal Law, the Ordering Party legitimately refused to accept the Petitioner's bid for the open tender.
FAS Russia carried out an unscheduled inspection and found that the Ordering Party applied the bids evaluation and comparison procedures, specified in the tender documentation, in such a way that under the «performance time» criterion it allocated scores to the bidders based on its subjective evaluation by the Tender Commission rather than proportionally to the bidder's offer. As a result, the Tender Commission allocated the same scores to the bidders under the «performance time» criterion regardless of the difference between the bidders' proposals, which violated Parts 2 and 8 Article 28 of the Federal Law and infringed legitimate rights and interests of the bidders.
