“Vedomosti” published Andrey Mikonin's comments on the situation with “Lentransstroy”, winner of tender for the right to service Ring Motorway (KAD)
5 April 2013
OOO Lentransstroy (part of the state concern “Vozrozhdeniye”) has won the tender for the right to service KAD till June 30, 2014, after filing six complaints with the Federal Antimonopoly Service. The contract value is 1.4 billion rubles. The value offered by “Lentransstroy” was 7 million rubles lower, than that of ZAO PO Rosdorstroy (another participant of the tender) engaged in servicing of KAD since 2009. The results were summarized on March 28, however, according to Maksim Shvetsov, representative of “Vozrozhdeniye”; “Lentransstroy” did not receive the contract on approval. Aleksei Izmaylov, representative of the client (GU Directorate for construction of St. Petersburg By-pass of the Federal Road Agency, DSTO) explained that the court previously upheld a motion brought by “Lentransstroy” so as to forbid DSTO to take any actions related to conclusion of this public contract. According to the case files, on February 4, the Arbitration Court of Saint-Petersburg and Leningrad region has satisfied the claim to obtain interim measures in the form of prohibition to take any actions related to conclusion of the contract. On April 1 the company filed a petition for release of interim measures; according to information from the court website, this petition is still unexamined.
As explained by Shvetsov, a copy of petition for release of interim measures was sent to DSTO. “The imposition of interim measures doesn't imply that the client can violate the Law "On placement of orders" and evade sending the contract for approval within five days stipulated by the law,” he said indignantly. The contract should be concluded within a period of 10 days.
Under the conditions of tender, service works on KAD should start on February 8; however, the road is still cleaned by “Rosdorstroy”, subject to temporary contracts. As explained by Izmailov, the term of public contract are most likely to be changed and “Lentransstroy” will receive payment for actual work.
Andrei Mikonin, partner of law firm S&K Vertical, believes that actions taken by DSTO can be regarded by court as an abuse of rights, and therefore can give rise to recovery of lost profits from directors or to imposition of administrative sanctions. The lawyer believes that interpretation has to be confined only to a prohibition on signing the contract by both parties, while sending the contract for approval does not contradict that.