The Roscosmos contractor disrupted the implementation of the state contract, citing the impossibility of "legally" buying Oracle and Windows

Roscosmos twice won the court with the Research Institute of Precision Instruments (NII TP), which is part of its circuit, which did not fulfill its obligations under the state contract as part of the project for the manufacture and supply of the Gonets-M system control center. NII TP ordered to pay the state corporation a fine of 3 million rubles.

Multifunctional personal satellite communication system "Gonets-D1M" provides mobile satellite communication channels for mobile and stationary subscribers anywhere in the globe "(image:" Russian space systems ")"

From the decision of the Ninth Arbitration Court of Appeal, published in the Electronic Justice system in November 2023^[1]follows that the controversial state contract was concluded^[2] of^[3] in November 2020, and the deadline for its execution is designated November 2022. But the obligations on the part of NII TP were not fulfilled.

Among the reasons for this, NII TP calls the need to make changes to the design documentation (CD) of the product, and with the start of a special military operation - the impossibility of "legal" acquisition of a licensed software OS Microsoft Windows database management systems Oracle and in connection with the economic sanctions imposed by foreign states^[4]

The court, meanwhile, did not recognize these motives as wealthy. Based on the provisions of GOST RV 15.301-2003, the head manufacturer performs the functions and is responsible for the product as a whole, including for the development and introduction of changes to the design documentation. The court found that the NII TP made an untimely notification to Roscosmos about the need to make changes to the CD - this was done a year after the start of the fulfillment of obligations under the contract. At the same time, there were no delays on the part of Roscosmos in approving the decision to make changes.

In turn, the NII TP notified Roskosmos only in August 2023, that is, seven months after the deadline established by the contract, about the impossibility of fulfilling the state contract due to the lack of "legal" opportunities to acquire Oracle DBMS, the court stated.

It follows from the resolution that NII TP did not provide evidence of the impossibility of purchasing software provided for by the design documentation and the presence of other "objective circumstances" that it cannot influence and which prevent the timely fulfillment of its obligations.

Evidence confirming the "repeated" appeals of the Research Institute of TP to Roscosmos on the issue of switching to the domestic software of the CCN "Gonets-M" product in the case file is also not presented.

The Gonets-M system control center is designed to effectively control the Gonets-D1M multifunctional satellite personal communication system and ensure its required characteristics, according to the terms of reference for the state contract published on the official public procurement portal. And the main purpose of "Gonets-D1M" is the transmission of data and the provision of mobile satellite services to subscribers on a global scale using the grouping of communication spacecraft in low orbits.

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