TENDER FOR SUPPLY OF COAL MAY RECOGNIZE ILLEGAL
In the Court of Arbitration of the Nizhny Novgorod region on April 18 were preliminary hearing on the claim of the Federal Antimonopoly Service (FAS) in the Nizhny Novgorod region to the regional government. FAS requests to declare invalid the results of the government tender for the supply of coal for the needs of the region, because the conditions of competition limited the access of businesses to participate. Open competition for the supply of coal fuel for municipalities and public institutions in the region in 2005 was held GP Nizhny Novgorod clearinghouse December 16, 2004.
The winner of the contest was considered of Siberian Coal Energy Company, which was awarded the contract for delivery in 2005 85 tons of high-quality coal at the price of 1360.34 rubles per ton and 65 tons of raw coal at the price of 1,229.55 rubles ton. The conditions of competition have not arranged one of his potential participants - Ltd. The European branch Sibirenergougolsnab, which even before the contest turned in the Nizhny Novgorod administration of the FAS with the application for an unjustified restriction of access to participation in the contest. The tender documentation contained excessive demands: the tender was open to entities that have registered capital of not less than 1 million rubles, and net assets of not less than 10 million rubles. Having seen in the actions of the regional government of signs of art.
9 of the Federal Law On Competition and Restriction of Monopolistic Activity in Commodity Markets, FAS sent to the Court of Arbitration of the Nizhny Novgorod region claim to recognize the results of the contest null and void. The representative of the Government on April 18 during the case explained that the reason for not contesting the results of the competition. In the Siberian Coal Energy Company is also considered unfounded claims of antitrust authorities and expressed doubt that the arbitral tribunal determines that the results of the contest null and void.
As explained in the company, this will entail termination of the contract. The parties will be required to return to each other all of the transaction, that is, the administration of the Nizhny Novgorod region will have to return the coal, which it has already burned. If a decision is made, there is always the possibility to appeal. With all hands to realize it will not be possible, - concluded the source. At the same time, the FAS explained that in the case of satisfaction of the court of arbitration of the claim results will be declared null and void, which would entail invalidation of the contract and delivery.
But since supplies are involved in the process too many organizations, it is possible that a change in conditions can be applied only during the next competition. Consideration of the merits of the arbitral tribunal of the Nizhny Novgorod region is scheduled for April 21. Source: rosugol.
