An antimonopoly case on the tender procedure for renewable energy sources

FAS exposed signs of violating the tender procedure for selecting investment projects to construct generating facilities that work on renewable energy sources.

Initially the tender was announced for particular volumes and the planned volumes were published by “Trading System Administrator” OJSC on 10 March 2017. The information must be published no less than 90 days before the bid acceptance deadline (10 June).

Then, following No. 432 Decree of the Government of the Russian Federation of 11.04.2017, the volumes were adjusted (increased), however, publishing the adjusted volumes on 27.04.2017 was not accompanied by the relevant reschedule of the bid acceptance deadline. It means that the 90-day period for publishing the final tender volumes was breached.

Head of FAS Igor Artemiev said: “Since a new tender cannot be organized under the Rules of the wholesale market of electric power and capacity (the Rules), and the results of the tender selection are formalized by the relevant contractual конструкциями, the take take-off results cannot be reviewed.

The situation that reducing the period for drafting document and participating in the tender in view of adjusted (increased) volume of competitive take-off in comparison with those established by the Rules, however, must be evaluated whether the authorized person violated Article 17 of the Federal Law “On Protection of Competition” in the part of breaching the tender requirements.

Should such violations in the actions of the tender organizer be confirmed, FAS will ascertain this fact by its decision upon investigating a case opened for violating the antimonopoly law”.