The court found guilty of Roskosmos delay the development of the ISS – News

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Photo: energia.ru

The Moscow Arbitration Court dismissed the claim of the Russian Space Agency to the RSC “Energy” regarding the penalties for delay manufacturing research and energy module (NEM) for the International Space Station (ISS). BEP planned to produce in 2015, the same year to launch, and enter into the space station. But the reality is very dispersed with plans: construction of BEP has not started so far in the draft Federal Space Program (FCP) in the 2016-2025 years of the launch of the module is scheduled for 2019. In February this year, the Federal Space Agency filed a lawsuit to arbitration, requiring the artist contract – Rocket and Space Corporation “Energia” – the penalty in the amount of 67.5 million rubles. To make a decision the court exhaustively reviewed the progress of the contract and come to the conclusion that the delay is no fault of the performer and the responsibility entirely on the Russian Space Agency.

RSC “Energia” has won a contract to build nema on state trading October 30, 2012, offering price 15.15 billion rubles. In the first phase of the contract performer was to develop preliminary design in order to establish and justify the main characteristics of the product, technical and technological solutions, giving an overview of the principles of the module and the device.

«Energy» has developed a preliminary design in the first half of 2013 and to inform the Federal Space Agency, which requested a review of the project FSUE TsNIIMash, which is standard procedure: TsNIIMash – a head scientific structure of the Russian Space Agency.

During the year TsNIIMash, Federal Space Agency, the Ministry of Defense and the RSC “Energia” exchanged letters, agreeing terms, form and manner payment of examination. By the end of May 2014 Deadline examination finally managed to agree, in June 2014. TsNIIMash issued a report with a number of significant claims. Main were due to lack of materials carrier rocket “Proton” in the software run nema that did not allow “to evaluate the feasibility of providing display space with the head of the scientific-power module into a basic orbit.” As a result, he himself rejected TsNIIMash preliminary design and technical specification of Roscosmos, in which the designers worked “Energy”.

In August 2014, “Energy” agreed with the customer an act of completion of preliminary design, design all the materials were sent to the Federal Space Agency . Representatives of the organization said that the draft will be submitted for consideration of its Scientific and Technical Council (STC), but only after a further examination TsNIIMASH. However, further examination is not provided normative and technical documents – its implementation required the development of a new technical project, agreement on and conclude a special agreement, as well as the allocation of additional budget funding.

As a result, to the NTS Roskosmos project was submitted 12 November 2014 without further examination. NTS neprorabotannost pointed to the issue of possible missile display module into space along with assembly and a protective block (MSB), that is, in fact, noted the need for conceptual design only if so provided by the Russian Space Agency and the technical specifications for the rocket and space complex “Proton BEP ».

At the end of May 2015 revised draft design NEM was examined again in TsNIIMASH where again we noted Such projects are considered only in conjunction with the launch vehicle.

This is the last event in the chronology of the facts examined by the court. They imply that the correspondence between the Russian Space Agency and its main scientific organization and controlled by Roscosmos “Energy” lasted for almost 2 years. All this time, representatives of sister organizations informed each other that the design of the unique loads to keep in mind the possibility of the launch vehicle.

Roscosmos judgment in fact did not comment, noting that the suit against” Energy “was filed because doing so requires legislation.

– From the text of the decision is seen that the staff treated carelessly Roscosmos to all stages of execution of the contract, starting from the formation of the contract, – says Tatiana Goncharova, managing partner of law firm LexProf. – The Court found that the application to the contract – terms of reference – is made in violation of industry regulations. Incorrect was defined very subject of the contract, because the NTS and the Russian Space Agency and TsNIIMash indicated that the terms of reference should be issued for the entire rocket-space complex, and not only on the BEP. Court also established the fact that the Federal Space Agency of 11 months has delayed the issuance of the necessary documentation. If the court’s decision will stand on appeal, it may be the basis for the adoption of measures of administrative and civil law to specific employees Space Agency.

The RSC “Energia “declined to comment.

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