Process of execution, execution and delivery of the contractshould be regulated by law. The federal law "On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs" provides all the necessary information on performance reports. No. 44-FZ will be discussed in detail in this article.
On the performance of the contract
The introduced Federal Law regulatesthe relations connected with maintenance of needs of municipal and state character. In the procurement system, corruption is often a phenomenon, and therefore various kinds of abuse must be suppressed in a timely manner. Perhaps this is through the following series of measures:
- quality procurement planning;
- clear definition of suppliers;
- conclusion of civil law contracts in strict accordance with the laws of the Russian Federation;
- audit in the field of procurement of goods, services and works;
- monitoring of purchases;
- the execution of contracts taking into account all the features.
The contract system in the procurement of various services, goods and works should work according to the following principles:
- openness and transparency;
- professionalism of the customer;
- ensuring and supporting competition;
- stimulating innovation;
- unity of the whole system;
- responsibility for the results of collateral, etc.
Information on the reports on the execution of the contract for 44-FZ is laid down in articles 94-96. It is these articles that will be disassembled further.
On the performance of the contract
What is the execution of the contract?According to paragraph 1 of Article 94 of the Federal Law, this is a set of measures aimed at achieving certain goals after the conclusion of the contract. This is done through the interaction of the supplier with the customer. All actions must be carried out in strict accordance with Russian Civil Law.
The following activities should be highlighted:
- Acceptance of delivered goods or services, as well as individual working stages stipulated by the contract. Acceptance should include an examination of the delivered goods.
- Payment by the customer of the delivered goods or the results of services.
- The interaction of the customer with the contractor in the processes of formation, modification or termination of the contract. In cases of fixing offenses, special measures of responsibility can be taken.
Executors or contractors are required to promptlyto provide all necessary information on the progress of the performance of its obligations, on emerging difficulties, on the procedure for performing services, etc. The customer must provide quality goods and services.
About the customer
Most of the activities in the process of obtainingservices or the transfer of goods is, of course, performed by the performer. It is his responsibility to ensure the quality process of the product or service in accordance with all norms of law. However, the customer also has a number of duties that the law fixes.
As a result of the acceptance,special control and verification measures. Verification of the results provided by the performer is carried out with the help of a special examination. All expert measures should be provided by the customer. It is the customer's responsibility to engage experts in the implementation of the relevant work.
Examination
Expert activity is an obligatory element in the sale of goods or services. The delivered goods must be subject to verification, except for the following cases:
- the customer is the experts themselves;
- the result of the work performed under the contract is the documentation of the project type, the results of engineering surveys, certificates of capital construction, and so on;
- some other points enshrined in the articles of the Federal Law under consideration (clause 4 of Article 94).
At the same time, the Government can determinespecific cases when special expert checks are needed. The procedure of examination is also fixed by the executive body of power. Experts also have the right to demand from the customer all the necessary documentation necessary for carrying out works of the control and verification type.
About acceptance of goods
A little more about the processacceptance - the most important element included in the report on the performance of the contract for 44-FZ. So, according to the customer's decision, a special acceptance commission can be created, and at least five people must enter it. The order of acceptance works and the timing of their implementation should be carried out in strict accordance with the norms specified in the contract. Everything should be made in a special document, which the customer himself signs. Data on acceptance is included in the performance report.
By 44-FZ, the customer can be issuedmotivated refusal to supply a particular product. The result of this action will be the consequences specified in the contract itself. It is also worth noting that the customer has the right to refuse the goods or services received, if in the process of acceptance there are obvious inconsistencies in the provisions specified in the contract.
The report on the execution of the contract for 44-FZ, therefore, must be drawn up according to the specifics of the acceptance procedures.
About the results of performance of the contract
According to the law, the contract can be executed inseveral stages. So, the execution of only one stage should already be reflected by the customer in the report. At the same time, the report itself should be placed in the Uniform Information Registry. According to Article 94 No. 44-FZ, the form of the performance report must contain:
- information on improper performance of the contract (all violations must be characterized in detail);
- information on the formation, termination or change of the contract in the course of its execution;
- information on the execution of the contract, as well as on the observance of the deadlines for the final or intermediate type of performance of the contract.
The report itself should be accompanied by the results of the examination and documents from the acceptance committee. Sample filling in the report on the performance of the contract under No. 44-FZ:
The report goes to the regional or federal information system - depending on which order was made.
About modification of the contract
In Article 95 of the normative act under consideration, the main norms are stated, according to which the essential contract terms can be changed. So, here it is worth highlighting:
- The existence of the right to change contractualconditions, if similar is fixed in the contract itself. At the same time, price reduction should not entail a change in the number of goods, the amount of work or services. The change in conditions should not affect the quality of the goods delivered or the services performed. Here it is worthwhile to single out one more rule, according to which the reduction or increase in the volume of deliveries by more than ten percent is not allowed.
- The value of the contract concluded should not exceed the price set by the Government of the Russian Federation or the executive authority of a particular region.
- If the contract is concluded with a foreign organization for the treatment of a Russian citizen outside the Russian Federation.
It is also worth noting that the execution of the contract is notinvolves a change of supplier. The only exception may be the cases when the new supplier is the legal successor of the old one due to the reorganization of the respective legal entity. The change of the customer is permissible only if the report on the execution of the contract for 44-ФЗ is changed. An example of such a report in the information registry:
The procedure for termination of the contract will be discussed below.
About termination of the contract
На каких условиях контракт о поставке товаров или services can be terminated? Paragraph 8 of Article 95 of the considered normative act speaks about the agreement of the parties and the relevant court decision. In the event of failure of any one party, it will be necessary to be guided by the civil legislation of the Russian Federation.
Naturally, upon termination of the contract are subject toliquidation and all reports on the execution of contracts (for 44-FZ, the terms for refusal to execute are unlimited, it is necessary only within three days from the moment of refusal to record all the necessary information in the relevant registry).
- the delivered goods do not correspond to the data stated in the documents;
- The investment contract for the sale of goods, the production of which has just been created or significantly modernized, was broken.
Upon termination of the contract, one of the parties hasopportunity to claim damages. This concerns cases with both several performers and with a single supplier. The report on the execution of the contract for 44-FZ may contain information about the possible amounts of damage.
Contract enforcement
Execution of the contract, according toArticle 96 of the law under consideration may be provided by the customer. The security may take different forms: in the form of bank guarantees, the initial amount, etc. In this case, the security is not allowed in the following cases:
- credit services are purchased;
- procurement participant is a state or regional state-owned institution.
If the contract is prevented by insurmountableforce, then a thirty-day correctional period may be appointed. If this period is exceeded, the competitive system that has passed is deemed invalid.
We should also tell you about the timing of placementreport on the execution of the contract for 44-FZ. Thus, according to Article 103, the report must be posted in the information system within three days. At the same time, the Government Resolution No. 1093 states that the period is one week.
