Russian and World NewsManagement of federal antimonopoly service across Bashkiria (UFAS) in the second consecutive time has ordered road patrol to the republican State Committee on transport and a road economy to cancel results of open competition on the right of reconstruction of a highway “ Djurtjuli - Neftekamsk “. Antimonopoly department recognised that the committee has established unreasonable barriers to participants of the auctions. Experts speak about a competition aggravation in the market of road building of Bashkiria.
UFAS across Bashkiria has placed on an official site the instruction to the regional State Committee on transport and a road economy with the requirement to cancel results of open competition on reconstruction of a site of a highway “ Djurtjuli - Neftekamsk “ on the bridge through the river Kujazy. In February of this year the winner of the auctions it has been recognised by Open Society “ Mostootryad ¹30 “ - the Ufa branch of Chelyabinsk Joint-Stock Company “ Uralmostostroj “. At the starting price of state purchase in 74 million rbl. Unique participants of the auctions, Joint-Stock Company “ Uralmostostroj “ has suggested to perform works for 70,3 million rbl. the Company as have explained in goskomtranse, has already started performance of works on bridge reconstruction.
decision UFAS has been taken out under the complaint of the Ufa company of Open Company “ promstrojtehproekt “ specialising on designing works. In “ promstrotehproekte “ which itself did not participate in competition, have considered that at the announcement of the auctions the State Committee has broken the federal law “ About placing of orders for deliveries of the goods, performance of works, rendering of services for the state and municipal needs “. Under the version of the applicant, the state structure has established superfluous requirements to participants of competition, including having included in the competitive documentation such criterion of an estimation of demands as “ qualification of the participant of competition “. Besides, “ promstrojtehproekt “ has specified that Joint-Stock Company “ Uralmostostroj “ In the name of the Ufa branch even before official summarising of the auctions has started performance of works on object.
during antimonopoly trial goskomtrans with claims “ promstrojtehproekta “ has disagreed, having explained that the qualifying requirements registered in the competitive documentation did not carry a binding character and could not limit number of participants of auction. The requirement “ promstrojtehproekta “ in this part UFAS recognised as insolvent, but has found other infringements of the antimonopoly law in the documentation about the auctions.
in particular, on versions UFAS, the State Committee has unreasonably demanded from the potential contractor in writing to co-ordinate with it attraction possibility to works of subcontractors, thus the share of the last in total amount of works should not exceed 50 %. As other infringement UFAS recognised the possibility of cancellation of the state contract stipulated by the State Committee in case of reduction or the termination of its financing from the republic budget. Antimonopoly department recognised last condition as infringement of the law on placing of orders which forbids to change state contract parametres unilaterally or under the consent of the parties.
as a result antimonopoly department has obliged goskomtrans to eliminate infringement by cancellation of open competition and has ordered to spend new placing of the order. The similar decision on the same competition UFAS took out in December of last year under the statement of Moscow Joint-Stock Company “ transmonolitstroj “. Representatives of the company then have complained of the wrongful admission to participation in Joint-Stock Company competition “ Uralmostostroj “ which branch - the largest builder of bridges in Bashkiria - in both cases vposledstvie has been recognised by the winner of the auctions.
the Vice-president goskomtransa RB Dmitry Mikulik has informed yesterday „“ that does not exclude possibility to appeal against against decision UFAS in arbitration. Mister Mikulik has refused other comments. Informally in department have informed that have for the first time met UFAS, without being are assured of the position. But now “ we in confusion also do not understand, why UFAS tries to cancel results of these auctions “ the representative of the State Committee has told „“, asking not to name its surname.
the second cancellation of results of the auctions in reply to decision UFAS will cause “ serious social consequences “ the interlocutor in goskomtranse has noted, having explained that bridge reconstruction “ has already begun “ and now it is already disassembled. “ local residents are compelled to go for work and to school on a loop road “ - the interlocutor has explained. In department are afraid that can become object of claims and from contractors as from - for new cancellations of results of the auctions those will suffer losses.
in Mostootryad ¹30 yesterday to receive comments it was not possible - phone of the company in the end of the working day did not answer.
experts notice that trial in UFASe can testify to repartition in the market of road building in Bashkiria. The pro-rector of the Ufa institute of management of Askar Fazlyev has reminded that in region receipt of scale federal financing of reconstruction of lines Ì5 and Ì7, and also region inclusion in the civil-engineering design of a transport corridor the Western Europe-western China („“ wrote about it on October, 13th and on November, 9th, 2010) is expected. “ In a threshold of these events it is not excluded that a number of the companies is interested in weakening of positions of the basic player in this market - Mostootryad ¹30 “ - mister Fazlyev believes. Zahid Mamishov, the senior partner of group of the legal companies “ the CONSUL “ it agree that the reference of participants of the market in UFAS this consequence of competitive struggle “ for development of budgetary funds “.