"Russian Post" ordered to pay "Lanit" 360 million rubles. For ensuring the work of GIS housing and communal services

2022: Obligation to pay Lanit 360 million rubles. for ensuring the work of GIS housing and communal services

Russian Post was obliged to pay Lanit 360 million rubles. for work that the company in some sense completed voluntarily. After the expiration of the agreement between the parties to ensure the functionality of the GIS housing and communal services, Lanit continued to provide services outside its framework, and the Post, due to the duties imposed on it by the state, continued to accept them, but was in no hurry to pay for them. This became known on November 21, 2022.

The Moscow Arbitration Court ordered to pay off the voluntary contractor Post, to which Lanit applied on June 29, 2022.

GIS Housing and Communal Services (state information system of housing and communal services of Russia) was launched in 2016 on behalf of the President on the creation of a single resource for obtaining information on tariffs and the cost of housing and communal services, debts, as well as on the work of organizations of the communal complex.

The essence of the story under consideration is that the unpaid period (from February 9 to July 30, 2020), in which the organizations were not connected by official relations, was preceded by the period of execution by Lanit of a specific similar agreement with the Post. His company received on October 19, 2018 for 685.9 million rubles. according to the results of the auction, which, except for Lanit, no one came. After extending the term for the provision of services and increasing the price of the contract to 751.3 million rubles, its operation ended on February 8, 2020.

After that, Lanit continued to provide services, and Mail, in fact, continued to accept them - up to the conclusion of another agreement following the auction (already competitive), the winner of which was also Lanit. The amount of this agreement with a due date of September 30, 2021 amounted to 449.1 million rubles.

The defendant recognized the fact that the services provided by the plaintiff are necessary for the defendant in the disputed period, since according to the federal law of July 21, 2014 No. 209-FZ 'On GIS Housing and Communal Services, "the defendant is an operator of GIS Housing and Communal Services and undertakes to ensure its uninterrupted operation, the court said. - It was this part of his duties that the plaintiff performed for the defendant in the provision of services.

From the documents of the proceedings, it can be concluded that Post had no complaints against Lanit regarding the very fact of the provision of services and in relation to their quality, but insisted on recalculating their cost. Lanit considered that the prices should remain at the same level as in the framework of its execution of the official contract in the previous period. Based on these considerations, Lanit calculated the aforementioned claim amount.

The defendant did not provide evidence of agreement with the plaintiff on a different cost of services for the disputed period, different from the contractual period, the judges considered.

At the same time, the company's claims to recover a penalty from the Post in the amount of 29.6 million rubles. court "Lanita" refused.

When preparing this material, representatives of the Russian Post and Lanita commented on the situation in an almost identical way.

Arbitration is a common tool for resolving disputes. Lanit is our long-time partner, with whom we have implemented a number of large projects, - noted in the Post. - This situation does not affect our interaction in any way. The appeal decision is still at the discussion stage.

Lanita's cooperation with Russian Post is long-term and productive, Lanita said. - Resolution of disputes of business entities in court is a normal business practice, a civilized way to eliminate disagreements. For November 2022, we assess the prospects for appeal, and an internal decision on this issue has not yet been made.

During the execution of the official agreement and the similar initiative activities that followed, Lanit was supposed to place GIS housing and communal services on its server facilities and maintain the uninterrupted functioning of the hardware and software parts of the system, including ensuring the operation of Internet communication channels.

The court documents say that in order to provide services during the disputed period, Lanit used 173 servers, 10 DSS systems with a total number of hard drives of more than 1,250 pieces, 23 pieces of network equipment and several dozen specialists involved in the provision of services for the operation of GIS housing and communal services.

During this period, 4 698 506 723 requests were processed through the GIS housing and communal services through the user interface, 14 094 084 269 requests through integration channels with other systems, 1 474 964 316 requests through the interdepartmental electronic interaction system (CMEV), that is, a total of over 20 billion. The maximum number of visitors reached 35,392 people. per day, "^[1]

2019: "Lanit" miraculously received a large IT-row "Post of Russia," but lost 5 million due to a technical error

As CNews discovered in June 2019, Russian Post, on a competitive basis, attracted a contractor for the development of applied software of the state information system of housing and communal services of Russia (GIS housing and communal services) and its support for 379.9 million rubles, because before that it could not determine the winner at the official competition. The contract was signed with Lanit, which took part in the tender, but its application was rejected^[2]

This follows from the documents posted on the public procurement website and the explanations of the representatives of the Post for CNews.

It should be noted that in the long-term practice of monitoring large public procurement through IT, the CNews editorial office faces a similar story for the first time. The Mail assured CNews that there is no contradiction from the point of view of the current procurement legislation.

"Only one application was submitted for the competition, which was posted by the Russian Post on April 29, 2019 - from Lanit," the editorial interlocutors noted. - Due to the lack of the necessary certificate, the "Lanita" application was rejected. By law, in such cases when there is no winner or the corresponding number of participants in the competition, we are entitled to conclude an agreement with any company that meets the requirements of the tender documentation. We decided to work with Lanit. "

Under the terms of the agreement, the integrator will carry out the modernization of application software for GIS housing and communal services and its support from June 10, 2019 to June 10, 2020.

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