T-Platforms avoided penalty for unfinished chipset in which more than 80 million rubles from the budget were invested

In December, 2019 the Arbitration court of Moscow made the decision on the claim of Minpromtorg to T-Platforms company connected with the project on development of the superlarge scale integrated circuit (GSI) with topological regulation it is not higher than 32 nanometers. Follows from it that the work financed from the federal budget on which accomplishment the government contract of 153 million rubles was signed with T-Platforms was not finished, prototypes were not created.

In 2019 Minpromtorg tried to terminate this government contract through court and to collect from the contractor of a penalty fee for non-execution, but was already late – a claim was submitted after the term of limitation period expired, and the court refused its satisfaction.

The contract between department and T-Platforms for accomplishment of developmental work was signed in 2013. It assumed development of a basic technology of creation of GSI with topological regulation not higher than 32 nanometers which would contain the multinuclear accelerating calculator and would have high energy efficiency (cipher "Yenisei").

Prototypes of GSI had to appear in 2015 (photos are T-Platforms)

Follows from the government contract that this technology had to form the basis of "perspective Russian multi-core processors for the market of the high-performance computing comparable on characteristics with the best world analogs". According to the results of ROC it was going to receive and test samples GSIs.

It was supposed to execute ROC in 4 stages in 2013-2015, samples needed to be provided according to the results of the 3rd stage, and to carry out their tests on the 4th. The amount of financing was provided in the amount of 10 million rubles in 2013, 63.25 million rubles in 2014, and to approve financing for 2015 later and to approve by the separate additional agreement to the government contract. At the same time also off-budget financing was supposed: so, in 2015 it was going to use 40.25 million rubles of extrabudgetary funds.

The contractor started works on stages after advance transfer. What amount was appointed for all third stage, on the page of tender on the official portal of state procurements it is not specified, but in court's decision it is specified that the unfinished advance payment transferred to T-Platforms made 9.2 million rubles. The first and second stages were paid completely. Thus, T-Platforms from the total provided amount of the government contract received not less than 82 million rubles.

In court's decision it is said that during the 3rd stage T-Platforms announced the customer impossibility of further work in connection with the high cost of production of prototypes of GSI, also in connection with increase almost twice in US dollar exchange rate. It in T-Platforms was carried to force majeur circumstances.

The commission on acceptance of results of ROC established that:

The third phase of ROC is completed not in full, namely: GSI prototypes as in the Russian Federation there is no technological capability of production of GSI on topological regulations not higher than 32 nanometers that does not allow to fulfill the requirements set by technical specifications regarding production of crystals of prototypes of GSI, proceeding from the selected allocations are not made, - it is specified in court's decision.

The court came to a conclusion: in spite of the fact that T-Platforms insisted on force majeur circumstances as to a basic reason of impossibility of continuation of works, correspondence which at that time took place between the parties, demonstrates inexpediency of achievement of results of ROC: i.e. that though the result of ROC could be also received, but its receiving would demand considerably large sums and time, than it is provided in the contract.

It came about contract cancelation. At the same time Minpromtorg wanted to receive also from T-Platforms a penalty in the amount of 10% of its volume – 15.375 million rubles. And the commission based on acceptance of works on the third stage recommended to terminate the government contract by agreement of the parties in connection with the revealed circumstances testimonial of its impossibility of performance in full, with payment of actually performed and documentary confirmed works.

However as a result T-Platforms did not receive the agreement on termination signed by the customer, delivery and acceptance certificates of the third stage on the achieved results, said in the judgment. And only 3.5 years later it the claim from the customer came with the notification on contract cancelation and penalty fee request for payment. But the term of limitation period already by that moment already expired, and court the account it good cause for failure in meeting requirements of Minpromtorg.

Not achievement of the results of ROC on development of hi-tech products set in technical specifications in the knowledge-intensive spheres – objective risks which, according to the Civil Code of the Russian Federation, are born by the customer. Presentation of the claim for the contract for accomplishment of ROC Yenisei is the compulsory technical procedure provided by regulating legal documents. The objectivity of the reasons which led to a contract impossibility of performance and expediency of application of penalties against the contractor can define only court, - told TAdviser in Minpromtorg.

Department also says that the scientific and technical backlog received by T-Platforms within accomplishment of the first stages of ROC Yenisei is used by the company in other projects on similar subject when developing solutions which can be used at creation of IT infrastructure within the Digital Economy project.

Minpromtorg emphasized that their department systemically supports production of domestic ADP equipment and within the available powers renders to the enterprises of the industry necessary measures of support.

It should be noted that the claim of Minpromtorg in 2019 became one of the numerous claims submitted to T-Platforms. Since May the 2019th about 20 claims, one of which – from IFTS of Russia No. 36 – about recognition of the company by the bankrupt, were in total submitted. Affairs of T-Platforms drama worsened after arrest and the placement to the pre-trial detention center in March of its founder and the CEO Vsevolod Opanasenko on the criminal case connected with delivery of computers to the Ministry of Internal Affairs (is more detailed about case here).

T-Platforms is one of the leading developers of IT products which are demanded as in the Russian market, and well proved on the world scene. Unfortunately, recently the company has quite serious problems of financial and managerial character, - told TAdviser in Minpromtorg.