SUE "Moscow Metro" will not have to pay the operator of fiscal data for processing data from the cash registers: the performer of these works will pay the company for the opportunity to fulfill the contract. As follows from the materials of the electronic auction, its winner - “Peter-Service Special Technology” (works under the OFD.ru brand; belongs to top managers and structures of USM Holdings) - is ready to pay 1.12 million rubles. (with VAT) for the right to conclude a contract. The initial contract amount offered by the metro was 12 million rubles. Nine companies participated in the auction.
Willingness to pay for the contract in Peter-Service Special Technology explains that the cooperation with the Moscow metro is interesting for the company “primarily from an image point of view”, and also in connection with “the ability to offer the client additional services and services, including those based on analysis fiscal data. At the same time, the press service of the Moscow Metro emphasizes that the contractor will not receive any “additional preferences in future work with the metro” or access to any information that may be of commercial interest.
The winner of the tender is not the only company that was ready to pay the metro itself. A similar price offer in the “negative” trading zone was made by Evotor OFD LLC, affiliated with Sberbank. Other bidders still asked for money for their services, although they pledged a significant "discount": for example, a symbolic one penny asked Multikart LLC for its work (25.33% of the company is owned by VTB Bank, another 74.67% from Bank Post). A spokesman for Evotor OFD declined to comment on the auction. In "Multicard" did not respond to the request of RBC.
Data per million
According to a representative of one of the companies involved in the purchase of the metro, the willingness of the CRF (the fiscal data operator - RBC) to pay for the right to provide services indicates its intention to seize market share. In addition, the image component plays an important role: the Moscow Metro is a large-scale customer. “Evotor OFD”, according to his estimation, now occupies 20% of the market of processing fiscal data, “Peter-Service Special Technology” - 15%.
Interlocutor RBC in another company engaged in the provision of OFD-services, believes that the minimum cost of development under the proposed metro contract is 4-5 million rubles. “The likely motive of the winners of the tender is the expansion of data. On their basis, CRFs can do analytics and sell it to interested parties. The greater the market share, the higher the value of such analytics, says the interlocutor of RBC. “With such a database, it’s not the value of the data and the quality of individual sources that is important, but the share that allows you to sell data more expensively.
Dmitry Yegorov, co-founder of the CallToVisit marketing platform, explained that the CRF receives the information specified in the check: information about the outlet (including its location), the amount of the check, whether it was paid in cash or by card, the exact time of the operation, the list of goods purchased, cashier and TIN organization. This information can be supplemented by linking it, for example, with the data of the cellular operator, Egorov noted. “If the transaction is carried out with a card, then information about the transaction can be checked with the time and content of the message from the mobile operator about withdrawal of funds. In this case, you can roughly determine the person and the station where he buys the tickets in the subway, ”he said.
Will have to pay
Vasily Malinin, head of commercial disputes at Rustam Kurmaev & Partners, noted that situations when companies offer to perform work for zero rubles or even are willing to pay the customer themselves are often found. “The reasons for this behavior in procurement may be different. For example, such situations arise at auctions for the right to maintain bank accounts: credit organizations can maintain current accounts for free, while earning a profit for the execution of client operations, ”he says.
Bryan Cave Leighton Paisner Russia, antitrust lawyer Alexander Biryukov confirms that the situation is not unique. “The most famous such case is the Bosco Sport company, which paid for the right to supply clothing for the Russian Olympic team under a state contract. But thanks to this, the brand has become well known and recognizable. Similarly, financial institutions can do this, with the aim of serving large government customers. It can be assumed that in this case it was more important for the procurement participants to get the right to execute the contract than to make money on it, ”said the lawyer.
Change the terms of the contract "Peter-Service Special Technology" will not be able, otherwise the company will lose a major customer. “According to the law, the contract will be concluded with the winner of the bidding, Peter-Service Special Technology, provided that they pay the offered amount,” adds Nadezhda Makarova, head of the legal department of Amulex.
“The economically reasonable cost of services for the processing of fiscal data is 3 thousand rubles. (for one unit of cash registers per year). It is this amount indicated in the report of the Federal Tax Service on the results of the experiment, which preceded the cash reform and changes in 54-FZ. Such a price for a taxpayer provides high-quality services, which means maintaining the entire infrastructure of the CRF in proper condition, ”said Marketing Director of the First CRF, Yegor Sergeenko.
“The winner of the competition expects to compensate their expenses from some other sources. The federal law on public procurement involves the comparison of market prices for services. In this case, we are dealing with a precedent for using 44-ФЗ outside the logic originally laid down in the law. The consequences of the incident have yet to be rethought by all market players. We will closely monitor the situation with the pricing in the market for the transfer of fiscal documents, "- concluded Sergeyenko.