FAS permitted Moscow to buy Microsoft Office: it is impossible to do without it

FAS permitted Moscow to buy Microsoft Office: it is impossible to do without it

On June 28, 2019 the OFAS across Moscow published the solution according to the results of consideration of the complaint which arrived from the International cluster of information technologies of the Nizhny Novgorod Region concerning large purchase of DIT of Moscow of the office software of Microsoft Office (the essence of the complaint and structure of purchase see in the corresponding blocks of article is lower). Anti-monopolists recognized this complaint unreasonable.

The meeting where the complaint was considered, took place on June 26. Among being present at it from DIT there was a deputy manager of DIT Alexey Anisimov, from the applicant - the director of the business direction of corporate solutions for a public sector of Lad Alexey Bogomolov and the lawyer Tatyana Primakova from Competence center of import substitution in the field of ICT who gave to applicants support. Lad Group is a partner of "New communication technologies" - the P7-Ofis developer. It is one of products which DIT specified in purchase as inappropriate to its requirements.

At a meeting the representative of DIT explained: the name of a specific product was specified in documentation of purchase to provide compatibility with the software which is already used by DIT, follows from the decision of OFAS. The law on a contract system allows it.

The key argument of DIT adduced in the decision of OFAS - needs to be provided compatibility with earlier purchased software to (a photo - Reuters)

The representative of DIT explained need for compatibility with the fact that since 2010 for needs of executive authorities of Moscow and organizations subordinated to them more than 200 thousand units of the computer equipment were purchased. At the same time in all cases computers were bought with the preset software of Microsoft Office.

Besides, in the city of Moscow tens of automated information systems using Microsoft Word and Excel for import and export of data function. Respectively types of the files ".doc", ".docx", ".xls". "xlsx" are standard types of files for such systems and application of other office suites leads to incorrect data mapping in the files created earlier, - the argumentation DIT is provided in the decision of OFAS.

The OFAS considered that applicants of the complaint did not provide enough proofs that "P7 Office" conforms to the exposed requirements of DIT to the office software, it is equal as did not find proofs that DIT objectively have no need for a product with the characteristics specified in purchase. Thus, it is impossible to say that DIT limits number of procurement participants, solved antimonopoly management.

Having studied documentation to purchase, the antimonopoly authority also did not find violation from DIT of government decree No. 1236 about establishment of prohibition on the admission of software from the foreign states, to purchases of purchases for the state and municipal needs.

In turn, representatives of P7-Ofis developer say that this product provides compatibility with the Microsoft Office formats and opens the documents created in the office suite of Microsoft without distortions as they for it native.

Alexey Bogomolov from "Ladas" expressed a regret that FAS sided with the customer, but formally the OFAS is right, he noted in a conversation with TAdviser. The accepted 325 software additional requirements to the office software extend only on FOIVY and state non-budgetary funds, and regional authorities have the right to define requirements to the purchased software, Bogomolov says.

At the same time, he added, the licenses "P7 Office" for testing were sent to DIT, but at a meeting representatives of DIT said that they did not test it.

The customer stated need of integration of the office software with earlier purchased for this reason he decided to purchase Microsoft Office, but at the same time the customer did not even test "P7 Office", having limited to data which allegedly took from a developer's site. It led to the fact that in the comparative table the customer made mistakes when comparing Microsoft Office and "P7 Office". The majority of the stated functionality is already implemented, and what is not implemented - will be made until the end of this year, - the director of the business direction of corporate solutions for a public sector of "Ladas" says.

The Nizhny Novgorod IT cluster is not going to submit the appeal as applicants in actions of OFAS do not see violations. Alexey Bogomolov hoped that customers will pay attention to the Russian products which can fully replace foreign, saving at the same time money of customers and contributing to the development of national economy.

Import substitution is one of the major tasks which the President of Russia Vladimir Putin set for authorities. On the last direct line he separately expressed the position on the matter, having emphasized its importance, - Bogomolov says.

Renat Lashin, the chief executive of ARPP "Domestic Software", told TAdviser that their organization monitors large purchases of foreign software which perform state agencies. Unfortunately, now normative regulation allows the state customer to bypass software forbidden admission, coming from the foreign states, he says.

One of methods — to impose excess requirements to functionality of the Russian products from the unified register. It is a loophole in the legislation against which it is difficult to fight. Nevertheless, this purchase got to a field of our sight as we found other discrepancies in procurement documentation what informed DIT and Moscow City Department of Competition Policy in the letter on, - Renat Lashin told TAdviser.

The decision of OFAS says that the position of DIT on the matter correct and is not contrary to the current legislation, Alexey Anisimov, the deputy manager of DIT told TAdviser.

The Ministry of digital development did not comment on purchase and the decision of OFAS on the complaint.

The complaint FULL FACE to purchase

In the group of "Ladas" which is the partner of "New communication technologies" - the P7-Ofis developer, told TAdviser that soon after the declaration of an auction the complaint FULL FACE was sent for this purchase and also the letter to the minister of digital development Konstantin Noskov with a request to support the applicant during the meeting of FAS.

TAdviser studied texts of the complaint and the letter. They were sent on behalf of the International cluster of IT of the Nizhny Novgorod Region signed by the director of a cluster Marat Mukharyamov. It, according to base " circuit.focus " is a founder of several legal persons belonging to Lad Group. And "New communication technologies", and Lad are based in the Nizhny Novgorod Region.

Applicants FULL FACE consider that the auction is contrary to the antitrust law and the legislation on state procurements as with it supply capacity of an equivalent of software of the specified brand does not make a reservation. Besides, in justification of impossibility to observe prohibition on admission to purchase of foreign software the characteristics inherent only in the standard of foreign software which have no direct analogs at the Russian products from the register are specified, authors of the complaint note.

According to applicants, and the request is made with violations: in it there is no reasoned justification of impossibility of observance of prohibition on the admission of foreign software, they say.

At the same time a number of technical characteristics which are specified in justification as absent in the Russian office suites are actually already implemented in "P7 Office", and a row - are planned to implementation until the end of 2019, applicants in the complaint and the letter to the minister claim. About 10 functions which developers "P7-Ofis" say as already completely implemented while DIT in the justification ranked them as unrealized are specified in the enclosure.

In New cloud technologies (NCT) after attentive studying of requirements of DIT told TAdviser, as in their case a number of the functions specified in justification actually are in the product "MyOffice". For example, in the text editor there is a possibility of an insert of footnotes, in the tabular editor - display of numerical value with dividers of groups of discharges without character of monetary unit.

NOT say that official testing of "MyOffice Professional" in DIT was not held. Earlier DIT carried out large-scale implementation of "MyOffice Mail" on replacement of mail of Microsoft. According to representatives of NOT, at implementation of mail in DIT of Moscow demonstration of functions of office editors of "MyOffice" for individual employees of department was organized.

Earlier at implementation of "MyOffice Mail" DIT had notes to this product: officials said that it is ready not up to the end and not completely matches the current need. NOT told TAdviser that the current purchase of office Microsoft Office is not connected with the notes read by DIT in October, 2018 to the products "MyOffice" and that all comments were resolved in any way.

NOT also reported that FULL FACE or still somewhere their company is not going to file a complaint to purchase. The director of the business direction of corporate solutions for a public sector of "Ladas" Alexey Bogomolov reported TAdviser, as "New communication technologies", and "Ladas" are not going to send complaints to purchase directly on behalf of the companies too.

In turn, "Ladas" sent to DIT of the license for testing, however it took place or not - it is unknown.

Claims mantises that in this case their company tries not for the sake of promotion of a specific product – "P7 Office", and for process in general: "It is necessary to show to the market what will be enough to buy foreign that it is necessary to support domestic manufacturer".

Representatives of developers of both products also emphasize that their office suites would cost DIT much cheaper of Microsoft Office.

Taking into account a standard discount for the volume which was also applied from Microsoft "MyOffice Professional" costs cheaper. DIT could save tens of millions of rubles as even at a stage of the starting price in the tender "MyOffice" it is more profitable, - noted in NOT.

According to the estimates of Lad Group, in turn, purchase of the same number of the licenses "P7 Office" would cost DIT almost twice cheaper of Microsoft Office – approximately in 50 million rubles.

The deputy manager of DIT Alexey Anisimov did not begin to discuss purchase in details, and only noted that the department is regularly engaged in market monitoring of domestic software and monitors development of the software products including included in the register. He added that procurement of software is conducted for executive authorities and state institutions of Moscow according to 44-FZ and the order of the Government of the Russian Federation about establishment of prohibition on the admission of software coming from the foreign states for the public and municipal procurements.

One of requirements of the legislation is carrying out the analysis of the Russian software included in the unified register of the Russian programs for electronic computers and databases on compliance to requirements of technical specifications. At assessment of functionality of software we study data from the official sites of the producers published in the register which contain the comprehensive information about opportunities of the software solution, including functional, technical, utilization properties of software, - Alexey Anisimov told TAdviser.

Auction: DIT buys thousands of the licenses Microsoft Office

In June, 2019 the Moscow Department of Information Technology (DIT) announced a tender on delivery of the software for executive power and state institutions of the city^[1]. In the technical project it is specified that it is required to deliver 8.273 thousand licenses Microsoft Office. The maximum price which DIT is ready to pay for them is about 99.3 million rubles.

In the annex to justification of impossibility of observance of prohibition on the admission of foreign software to state procurements DIT states that products from the register of domestic software do not correspond to required functional and technical characteristics. In the software list which was analyzed by DIT as analogs of Microsoft Office, - 196 names of products from the register. And as analogs at it there is software for a video conferencing, EDMS, the legal reference book "Guarantor", etc.

It is possible to carry the products "MyOffice Professional" to the closest analogs of Microsoft Office on functionality which are present at the list of the "defective" DIT of the office software (the developer – New cloud technologies) and "P7 Office" for desktops (the developer – "New Communication Technologies").

DIT of Moscow stopped the choice on Microsoft Office (a photo - Grigory of Sobchenko/BFM.ru)

In the register is, for example the Zircon office suite, but it does not conform to the additional requirements to the office software set by the order of the government and necessary for participation in state procurements yet.

The products "MyOffice" and "P7-Ofis" conform to additional requirements, but DIT in them did not detect a number of functions necessary to it in instruments of work with the text, tables and the presentations.

Notes