The federal center of informatization at Russian CEC

The federal center of informatization at Central Election Commission Russian Federation is created by the Decree of the Russian President of August 18, 1995 No. 861 "About ensuring activity State of an automated system of the Russian Federation Elections and is the state enterprise providing use, operation and development Elections state automated system.

On March 24, 2011 the resolution of Russian Central Election Commission No. 253/1619-5 approved the Charter of "The Federal Center of Informatization at Russian Central Election Commission" state-owned federal state institution according to which the "Federal Center of Informatization at Russian Central Election Commission" federal state institution, was transformed to "Federal Informatization Center under the Russian CEC" state-owned federal state institution. The reduced name – Federal Informatization Center under the Russian CEC.

History

2020: Alexander Sokolchuk's appointment head

On September 30 the Central Electoral Commission announced appointment of informatization as the head of the Federal center at Russian Central Election Commission (the Central Election Commission of the Russian Federation) of Alexander Sokolchuk who was earlier holding a post of the deputy head of FTsI. In more detail - here.

2014

The supplier of doubtful HP PCs will pay a penalty to the Central Election Commission IT center of the Russian Federation

In September, 2014 the Arbitration court of the Moscow district rejected the complaint of IT Standard company to the solution of the first instance, to the Federal center of informatization at the Central Election Commission of the Russian Federation it was authorized to them to refuse unilaterally obligation fulfillment on the government contract concluded with it.

The contract assumed delivery to the center of informatization of 150 computers in 2013 for the amount of 6.7 million rubles Software to its conditions the deliverable equipment had to be made for upgrade of a complex of automation systems of the CEC by a serial and industrial method, be corporate products of the producer and have from it a warranty.

"The IT the Standard" delivered to the center of informatization HP system units. In the course of goods acceptance the center of informatization of the CEC revealed in it shortcomings. Low-quality pro-soldering of contacts of the Reset connector solder and also spraying of solder in a zone of installation of contacts became one of them. Besides, "the IT the Standard" did not confirm warranty obligations of the producer for these goods.

HP did not recognize the corporate products a batch of the computers delivered to the Central Election Commission IT center of the Russian Federation

To confirm a guarantee of the producer for system units, the Central Election Commission IT center sent the official letter to HP in the official answer to which the company reported that the left system blocks were not made by a serial and industrial method and cannot be recognized it corporate products. With respect thereto HP does not bear responsibility for operability of the equipment supplied by the supplier and warranty obligations do not extend to it, it was told in the reply letter.

After that the center of informatization of the CEC sent "to IT the Standard" the act of the revealed shortcomings. The supplier reported on their elimination, however as a result of repeated acceptance was revealed that goods were delivered the customer with the same earlier revealed shortcomings. It was confirmed by the response to a repeated request of the center of informatization in HP.

In court's decision it is noted that according to the law, the unilateral refusal from agreement performance is allowed at fundamental breaches of its conditions of one of the parties. Delivery of goods inadequate quality with shortcomings which cannot be eliminated in time, acceptable for the buyer, treat such case, follows from court's decision. With respect thereto the court recognized legal failure of the Central Election Commission IT center to fulfill agreement obligations with "IT the Standard".

At the same time, in the course of trials the Central Election Commission IT center submitted the counter action to the supplier with the requirement to pay a penalty for delivery failure to meet time constraints. Under the terms of the agreement, computers had to be delivered within 15 days from the moment of its conclusion. The amount of a penalty which the center of informatization demanded was about 3.5 million rubles. The court met this requirement.

The Central Election Commissions of the Russian Federation permitted to refuse a large batch of doubtful switches

The Software of Info company in two instances - appeal and cassation - lost judicial proceedings with the Federal center of informatization at the Central Election Commission of the Russian Federation, follows from the judgment published in December, 2014. Both instances permitted the last to refuse unilaterally the agreement about Software of Info on delivery of goods and not to pay it.

On case follows from the published documents that about 10.5 million rubles which Software of Info delivered to the Central Election Commission IT center of the Russian Federation within upgrade of Elections state automated system are about a large batch of the Extreme Networks switches for the amount. Having received switches, the Central Election Commission IT center made the decision to refuse unilaterally obligation fulfillment under the agreement, claiming that it detected essential shortcomings of goods.

In particular, under the terms of the contract "Software of Info" had to deliver to the center the Extreme Summit X460-48t switch which should correspond to the characteristics specified in the specification to the contract and in auction documentation. At goods acceptance the Central Election Commission IT center of the Russian Federation established that this model is absent in the list of the certified equipment in the provided certificate of conformity in which only the model of the Summit X460 switch was specified.

Extreme Summit X460 switches

With respect thereto the head on work with partners and corporate customers of representative office of Extreme Networks in Russia and the CIS sent the customer the letter that certification is made on all line of the equipment, and the certificate of conformity of OS-1-SPD-0973 includes disputable model. According to court, this information letter cannot be taken into account as Software of Info did not submit the documents confirming powers of the specified person to do such conclusions.

Besides, during trials it became clear that the representative office of Extreme Networks does not appear in the summary state registry of the representative offices of the foreign companies accredited to territories of the Russian Federation at all. Having studied these and some other circumstances, the court came to a conclusion that the provided certificate of conformity of OS-1-SPD-0973 does not belong to the delivered goods.

In addition, contrary to terms of the contract, switches were delivered with not properly executed warranty cards, claim in the Central Election Commission IT center: on them there were no printings and signatures, coupons were made in English and also did not contain the contacts provided by the specification on which the customer could resolve issues of warranty service of the delivered goods. According to court, already only it demonstrates legitimacy of failure of the Central Election Commission IT center from the contract.

Besides, some technical characteristics of the Summit X460 switches to which the user guide provided to the Central Election Commission IT center together with goods referred did not correspond to the characteristics required in the agreement, according to court. Also information on the list, versions and software maker, delivered with switches, about the exclusive or non-exclusive rights to it was not provided to the IT center.

Also the fact that in May, 2014 FAS, having checked is mentioned in the judgment the documents provided by the Central Election Commission IT center of the Russian Federation and information, made the decision on introduction Software of Info in the register of unfair suppliers. According to court, considering specified and some other the considered moments, the center of informatization at the Central Election Commission of the Russian Federation legally refused receiving the disputable equipment.

Representatives of Extreme Networks in Russia commented on TAdviser a situation with court because of its switches. Concerning certification of disputable model of switches the head of the Russian office Extreme Networks Dmitry Vinokur said to the portal that the difference in names of models within one line is caused by differences in their configuration – for example, existence of different number of ports and a set of software – however the certificate about which there is a speech in court documents, extends to all line, TAdviser stated.

As for a guarantee to which there were claims at the Central Election Commission IT center, without it products of Extreme Networks are not delivered, and warranty cards to the customer are transferred by the product supplier who is a service partner of the company, noted in the company. According to representatives of Extreme Networks, warranty cards on the switches deliverable at the Central Election Commission IT center, as well as on all other products, were.

On the fact that the court did not take into account the letter of official representatives of Extreme Networks that the company is not registered in the register of the accredited foreign missions, Dmitry Vinokur noted that, as well as many other vendors, their company it is provided in Russia by the legal person founded by head foreign offices which interests it represents.

The head of local representative office of Extreme Networks added that in Russia "gray" deliveries of products of his company sometimes take place, however in a case with the center of informatization of the CEC it's out of the question – delivery went through an official channel. The company also claims that product characteristics correspond required in the tender documentation.

Representatives of Extreme Networks also told TAdviser that as far as they know, some companies which attracts the Central Election Commission IT center to support of the infrastructure accepted the equipment similar to what the IT center Central Election Commission refused.

"Our legal person in Russia – Extreme Netvorks Rus LLC – is registered according to the Russian legislation, we have certificates on all products, to Russia we deliver nothing illegal", – summarized in Extreme Networks.

The company also noticed that the solution allowing the Central Election Commission IT center to refuse the delivery contract of disputable switches was accepted court in the second instance while the first made the decision for benefit of the supplier requiring to pay delivery. Whether other similar cases of failure from Extreme Networks products in Russia took place, representatives of the company do not know. The Central Election Commission of the Russian Federation did not comment on judicial proceedings at the time of the publication of material.