CASSATION SUPPORTED FAS RUSSIA'S DECISION IN RELATION TO RUSSIAN RAILWAYS
The equipment dealer was admitted by the customer to the bidding process, while the manufacturer was refused
Earlier, the FAS Russia considered the complaint of the Production Association Zarnitsa LLC against the actions of the JSC Russian Railways during the procurement of training equipment, including the installation, commissioning works and staff briefing with the initial (maximum) contract price of 214 million rubles.
The authority found that the customer wrongfully refused the Zarnitsa LLC to participate in the bidding process, giving a formal assessment of the submitted application.
Thus, having refused the Zarnitsa LLC, the manufacturer of the required for delivery equipment, the JSC Russian Railways recognized the organization, which is the dealer of the equipment produced by Zarnitsa LLC, as the winner of the procurement.
The Arbitration Court of the Moscow District supported the decision of the FAS Russia, agreeing that the actions of the customer indicate a formal approach for the consideration of participants' applications and are subjective.
In addition, the cassation confirmed the authority of the FAS Russia to identify violations other than the subject of the complaint, as well as to issue remedies for elimination of such violations.