Execution of the contract for 44 FZ and its features

Since June 2014 there have been changes to Federal Law No. 44. They touched, among other things, the specifics of the implementation of the terms of the contract, concluded on the basis of procurement results for municipal and state needs. . Let's consider further, how the contract on 44-ФЗ is carried out .

General information

включает в себя совокупность мер, осуществляемых посредством взаимодействия заказчика и поставщика/подрядчика. Execution of the contract for 44-FZ includes a set of measures implemented through the interaction of the customer and the supplier / contractor. The list of actions determines 94 articles of the normative act. It includes:

1. Acceptance of delivered products, work performed (or its result), services provided, individual stages of the specified actions. Within the framework of these activities, expertise is also conducted.
2. Payment by the customer of products, services / works or individual stages.
3. Interaction of the parties to the transaction upon termination, amendment of the agreement on the basis of Article 95 of the Federal Law No. 44. Within the framework of relations, measures of responsibility may be applied and other actions taken if one of the parties to the transaction violates its terms.

Duties of the parties

должно соответствовать определенным требованиям. The execution of the contract for 44-FZ must meet certain requirements. Otherwise, it will be deemed inadequate. Legislation in this regard establishes a number of obligations for the supplier / contractor:

1. In time, provide reliable information about the process of fulfilling the terms of the contract. The subject should, among other things, report on the difficulties that have arisen with him during the implementation of the specified actions.
2. Provide the results of the production of works, the supply of products, the provision of services in the period specified by the agreement.

The customer is required to perform an examination of the results received from the contractor / supplier. This procedure is performed by the entity at its own expense. For the examination, competent citizens and organizations may be recruited on the basis of a contract.

Nuances

предусматривает обязательное проведение экспертизы, если закупка производится у одного поставщика/подрядчика. It should be noted that the execution of the contract for 44-FZ provides for mandatory examination, if the purchase is from one supplier / contractor. In addition, the Government may establish other cases in which this procedure should be carried out. The corresponding rules were introduced by Law No. 140, which amended the 44-FZ.

Customer Features

In some cases, this participant is given the right not to attract experts. These include situations where the purchase is made:

1. Goods, work, services of the central depositary or non-members of the natural monopolies.
2. For state needs from a single supplier / contractor established by Decree or Order of the President, or in cases stipulated by instructions of the Head of the country or by Government Decrees.
3. Work on mobilization training.
4. For an amount not exceeding 100 thousand rubles.
5. Services / works that are carried out by the executive body in the framework of its authority or its subordinate institutions, unitary enterprises. The competence of the latter is determined by federal legislation, regulatory acts of the Government or the President, as well as by legal regional regulations.
6. Russian military equipment and armaments, which have no analogues and are issued by a single manufacturer, from a supplier included in the register. The procedure for its management and the formation of the cost of supply are determined by the Government.
7. Services for water disposal, water, gas, heat supply, connection to engineering and technical networks at regulated tariffs, storage / export of psychotropic and narcotic compounds. An exception is the sale of liquefied gas.
8. Certain services / works / products due to emergencies, technogenic / natural accidents, force majeure, when there is a need to provide medical assistance in emergency or urgent cases. These include, among others, purchases under contracts concluded by the executive federal body with a foreign structure for the treatment of a Russian citizen abroad.

In the latter case, the relevant works / services / products should not be present in the list of facilities necessary for providing humanitarian assistance, eliminating the consequences of an anthropogenic / natural disaster, and it is not considered appropriate to use other methods of identifying a supplier / contractor that are time-consuming.

Additionally

заказчик может освобождаться от обязанности привлекать экспертов также в случаях, когда производится закупка: As part of the execution of the contract for 44-FZ, the customer may be exempted from the obligation to recruit experts also in cases when the purchase is made:

1. Printed / electronic editions of specific authors from publishers, if the latter have exclusive rights or licenses for the use of these facilities, as well as providing access to them to maintain the normal operation of municipal and state educational institutions, libraries, scientific organizations.
2. Services related to the organization and provision of visits by the heads of foreign countries, their governments, parliamentary delegations, the leadership of international structures. In particular, we are talking about the maintenance of office equipment, computer and sound equipment, transportation and hotel services, food.
3. Products, works, services to ensure the functioning of state security facilities. They include, among other things, activities related to the organization of outreach activities carried out by the President, the Government, the Chambers of the FS.
4. In the framework of contracts for the provision of services for the repair and maintenance of non-residential premises (one or several) provided for operational management or gratuitous operation to the customer, if they are provided to other entities using facilities located in the same building.
5. Under contracts for power supply or purchase and sale of electricity with a guaranteeing supplier.
6. Services of experts or expert services.
7. In the framework of contracts for the provision of services related to sending an employee on a business trip. These include, in particular, the provision of travel to the place, the hiring of accommodation for temporary residence, food, transport services.

Exemption from duty is also provided for:

1. When renting a non-residential building / premises to provide regional, federal or municipal needs, as well as a customer conducting activities abroad.
2. If, as a result of the work performed in accordance with the contract, project documentation for the capital construction object or results of engineering surveys submitted or not subjected to state expertise is submitted, if it is mandatory, according to the law.

Enforcement of the contract for 44-FZ

Legislation provides for the possibility:

1. Providing a bank guarantee that meets the requirements of Article 45 of the Law.
2. Deposit money to the account specified by the customer. At this p / s operations with all the means that it receives must be taken into account.

является обязательным. Ensuring the execution of the contract for 44-FZ is mandatory. Without providing a guarantee or making funds, the contract will be deemed non-concluded. 96 articles of the normative act fix corresponding provisions.

Exceptions

There are several cases in which it is not required, according to art. 96 44-FZ, enforcement of the contract. Electronic auction is one such exception. When it is held, despite the obligation to establish a requirement, the customer has the right to not provide for it. If it was fixed, then the return of the security for the performance of the contract is not returned to the participants who did not win or withdrew their applications in accordance with the established procedure. 44-FZ in Article 34 provides that the period in which the operation is performed is determined by the customer.

Peculiarities of expertise

If the procedure is carried out by the customer, he can form a special acceptance commission. It should include at least 5 people. устанавливается в договоре, оформляемом победителем и заказчиком. The term of performance of the contract for 44-FZ is established in the contract, drawn up by the winner and the customer. In the period specified in the agreement, the whole result of the work or its individual stages is accepted. After checking the conformity of the delivery / service, an act is issued. It is signed by all members of the commission.

An Important Moment

If the results have not been accepted, the contractor / supplier is sent a reasoned unilateral refusal to perform the contract. расторжение договора допускается по основаниям, предусмотренным в ГК. By 44-FZ, termination of the contract is allowed on the grounds provided for in the Civil Code. It is worth saying that the customer can accept the result of the work, if he finds violations found by the commission inessential.

Executing results

The results of the work performed or its individual stages are documented in accordance with the rules of Article 94 of the Law (Part 9). производится в информационной системе в виде отчета. Placement of the performance of the contract for 44-FZ is made in the information system in the form of a report. Legislation makes a number of requirements to this document. , можно отметить, что в отчете присутствуют сведения о: If you analyze any example of filling the execution of the contract for 44-FZ , you can note that the report contains information about:

1. The results of a separate stage of work, the delivery of products, the services provided, their compliance with the schedule. Information on compliance with deadlines is also indicated. It is not only about the final, but also about the interim periods.
2. Improper execution or non-performance of the contract. This specifies the specific violations committed by the contractor / supplier, as well as the sanctions applied to him in this regard.
3. Termination / modification of the contract in the course of its execution.

In addition to this information, the reports are accompanied by the conclusions of the expert examination of the execution of contracts. The terms of placement, according to the 44-FZ, the form of the document, the procedure for its preparation and publication in a single information database on procurement may be established by municipal or regional authorities.