Deadlines for concluding a government contract. How to conclude a contract with a second participant


A government contract is an agreement for the supply of goods (performance of work or services), concluded between government customer(whether it is a large ministry or a municipal kindergarten) and the supplier based on the results of a tender within the framework of 44-FZ. Conclusion procedure government contract, its features and timing of signing depend on the specific procurement method and are clearly stated in 44-FZ. Let's tell you about everything in more detail.

Duration and procedure for concluding the contract

Schematically, the mechanism for signing a contract is as follows: the customer prepares a draft contract (where he specifies the conditions from the notice, documentation and the final offer from the winning bidder) and sends the draft document to the supplier within established by law deadlines. The latter, in turn, if he has no questions about the conditions specified in the contract, signs it and redirects it back to the customer.

The specific procedure and terms for concluding a government contract under 44-FZ depend on the procurement method. The process of signing contracts is similar for all procurement methods in that the winner of the purchase, before putting his signature on the contract, must provide contract performance security, which will allow the customer to be confident that the terms of the contract will be fulfilled efficiently and on time. Let's consider the signing process and timing of contracts depending on the procurement method.

Conclusion of a contract based on the results of the competition

When holding competitions (the exception is a closed competition), the law allows 20 days for signing a government contract. Thus, according to 44-FZ, if the customer selected a supplier using a procurement method such as a competition, then he will be able to sign a contract with the winning bidder no earlier than 10 days, but no later than 20 days from the date of publication of the protocol in the Unified Information System consideration of applications. In a closed competition, the contract is signed within 10 days after the winner is announced, and no later than this period.

The winner of the auction is the first to sign the contract, for which he is given 10 days after the publication of the application evaluation protocol in the Unified Information System. Then he is obliged to hand over the document to the customer for signing. Along with the contract, the winner of the competition also sends documents confirming the security of the contract. The same time frame for signing the contract is given to the customer - ten days.

☆ What is dangerous about the timing of competitive procedures;
☆ What are the 4 most common mistakes in timing;
☆ Why is a deadline map useful and why is it better than a calendar:

The deadline map will help you avoid mistakes because it calculates deadlines automatically taking into account holidays and weekends. She will insure you when working in the Unified Information System and will leave time - one day - to pass treasury control.

From the article

We emphasize that the law clearly states information about the terms of concluding a contract with each of the parties. Failure to comply with the signing deadlines will be considered a gross violation: both the customer and the winning bidder risk being included in the list of unscrupulous ones. So, according to Part 3 of Art. 54 of Law No. 44-FZ, if the winner of the auction does not provide the customer with the copies of the contract approved by him and the contract security within the allotted time, then he will be considered to have evaded signing the contract.

If the winner of the competition does not provide the required documents on time, the customer may enter into a contract with the procurement participant with application number two. True, in this case he will have to change the terms of the contract, specifying in it the conditions proposed by the second participant. If the new participant does not provide the customer with the signed contract and security for the execution of the contract, then he will not be considered a draft dodger, as was the case with the first winner. In this case, the competition will simply be considered invalid.

Conclusion of a contract based on the results of an electronic auction

If we are talking about an electronic auction, then the customer must draw up and post a draft contract in the Unified Information System no later than five days after the publication of the protocol for considering applications. If the contract is concluded following a closed auction - within 10 days. The customer does not need to sign the document yet. The customer must indicate in the contract: the cost of execution of the contract proposed by the auction winner and data about the product.

Winner electronic auction, in turn, within the next five days, places in the Unified Information System a draft contract signed on its part, as well as a document on the provision of contract security. Please note that the draft contract may raise questions for the auction winner. In this case, he must prepare and publish a protocol of disagreements in the Unified Information System, where he will indicate comments on the draft contract.

The law gives the customer five days to review the protocol of disagreements, amend the draft contract and post its updated version. The supplier must have time to sign the contract within three working days, and the same deadlines are given after the customer to sign the contract on his part. From this moment the contract is considered concluded.

Let's summarize. The procedure and timing for signing contracts based on procurement results is strictly regulated by 44-FZ. Violation of deadlines by both the supplier and the customer will result in fines or recognition of the procurement participant as having evaded signing. And this, in turn, threatens to enter information about the company into the Register unscrupulous suppliers.

It must be remembered that concluding a contract means accepting all the obligations specified in the contract. this document. Therefore, when concluding it, you must carefully read the contents of the document. In particular, it is necessary to ensure that the cost of execution of the contract corresponds to the price of work or services offered to the government customer during the competition or auction.

Answers to the most interesting questions You will find information about procurement in the new issue of the magazine “Government Order in Questions and Answers”

A government contract is the possibility of concluding an agreement between a company and the state on the sale of certain services or goods intended for the needs of the government.

The main customer under such an agreement is the state, and the contractor is individual, individual entrepreneur or some kind of organization.

Features of the procedure

Government contracts, according to 44 Federal Laws, have a certain structure and can be related to government organizations and with individual companies. In some cases, it is possible to conclude a similar agreement with foreign entities, for example, if the state does not have the opportunity to find necessary goods inside the country. A government contract is a way of carrying out certain actions. For example, the construction of structures, the sale of food products - all these actions within the framework of the concluded agreement occur on absolutely legal grounds.

Stages of the transaction

A government contract is a specific sequence of actions that involves several stages, each of which has a certain duration. Let's analyze the specifics of each of them to understand the principle of concluding such a deal.

At the first stage, legal relations between the counterparty and the state are formalized. It is at this stage that the future project is directly drawn up. Its development is carried out by the authority, which acts as the main customer. Representatives of government agencies send the finished version of the project to the supplier of goods or services. In the event that the other party in full satisfied with the terms of the contract, a government contract is concluded. The agreement is signed within 30 days, then a copy of the contract agreement is transferred to the government agency whose task will be to develop the draft agreement.

In some situations, execution of government contracts is possible only on the basis of tender results. In this case, the order must first be placed on the official website government agencies, then a competition is held. The winner receives the right to sign an appropriate agreement with representatives of government agencies.

Transaction restrictions

There are certain restrictions on such transactions. The contract can be concluded only ten days after signing the protocol of the tender, but no later than 20 days after the procedure. If the supplier does not sign the relevant agreement within the time period established by law, the right to conclude an agreement with government officials is transferred to another business entity.

A government contract is a way for a private supplier to express itself and its activities at the state level. The winner is the company that offers the most favorable terms of the transaction within the framework of the auction. A company that refuses to enter into a government contract is included in special register unreliable counterparties. In this case, the company is deprived of the right to participate in government orders and tenders for three years.

Conditions for concluding a government contract

There is a division of the conditions associated with concluding a transaction between a supplier of services or goods and representatives of government agencies into several types:

  • mandatory;
  • significant;
  • others.

The first group includes those conditions that are related to the term, cost, subject, payment procedure. If the counterparty operates under the simplified tax system, then the contract does not include VAT. IN otherwise The amount of value added tax is indicated as part of the cost of the contract.

Among mandatory conditions The contract identifies: the place of work, the procedure for accepting the goods, and the responsibilities of the parties. For example, it is stipulated treasury support government contracts. If the counterparty violates the terms of the transaction, he will be forced to pay a penalty to the state, which is calculated in full accordance with the Central Bank refinancing rate in effect for that time period.

Treasury support of government contracts in 2017 made it possible to strengthen control over such transactions and prevent the waste of public money.

If one of the parties to the contract manages to prove that the reason for failure to fulfill the conditions specified in the contract was due to objective reasons, some force majeure circumstances, in this case the party to the contract will not pay a penalty.

Other terms of the transaction

Other conditions include securing the contract. It is understood as a financial guarantee of the supplier’s performance of services or goods under a government contract. How is support provided? A government contract requires the participation of a third party, whose task is to verify compliance with the terms of the deal by both parties. Basically, the Treasury, which is the guarantor of the financial side of the agreement, acts as such a third-party observer.

If the counterparty of the authority fails to solve the tasks set in the contract, then the customer has the opportunity to compensate for losses incurred due to such a situation.

Types of security for government contracts

The main types are insurance, collateral, surety, as well as bank guarantees. If we consider the amount of security within the boundaries of the state contract, then it should not be more than thirty percent of the cost of the services provided or goods supplied, which is necessarily recorded in the notice of the start of the auction.

Ways to change the terms of the transaction

Even if a government contract is agreed upon between the counterparty and the state, there is a possibility of changing them in the future. joint activities. For example, the place of implementation of established legal relations may be changed, the timing of the transaction may be adjusted.

At the same time, questions regarding the cost of the contract remain unchanged. Only in case of significant inflation is the issue of early termination contract, as well as changes in the conditions of its implementation. An important condition changing the terms of such an agreement is the acceptance of the new terms of the transaction by the second partner.

Reasons for terminating a contract

There are certain conditions under which a government contract can be terminated. For example, this is allowed in the case where both parties have decided to terminate the legal relationship. In addition, the transaction is completed if the contract has been canceled by a court decision.

In this case, one of the parties to the contract acts as the initiator of termination of the contract. For example, if the counterparty has not fulfilled the obligations that were set out in the contract, deadlines, or fulfilled them incompletely, in which case the second party (customer) has the right to cancel the transaction in court.

Conclusion

Municipal and state contracts are tools that allow documenting legal relations between companies and the state. IN Russian legislation There are a number of articles that regulate the process of concluding a transaction between private companies and government agencies, and also indicate liability for violations of the terms of the contract.

Violations in the procedure for concluding government contracts are increasingly being revealed, and numerous financial frauds are being revealed. In order to combat unscrupulous contractors, as well as to prevent corrupt practices on the part of representatives government agencies, in our country liability for violations of the terms of government contracts has been significantly tightened.

In March 2011, SELTEHSTROY LLC (hereinafter referred to as LLC) was recognized as the winner open auction. It signed a contract in in electronic format and sent it to the customer, FKU Management highway Moscow-Bobruisk Federal Road Agency". However, the customer considered the contract signed by an unauthorized person and in April 2011, he applied to the Kaluga Department of the Federal Antimonopoly Service (UFAS) with an application to include the LLC in the register of unscrupulous suppliers in connection with evasion of concluding a government contract.

Events developed as follows:

  • In March 2011, the LLC changed its general director. According to the protocol general meeting members of the company dated 10.03.2011 No. 01/03 and order dated 11.03.2011 No. 2, at the time of signing using electronic digital signature(EDS) of the state contract V. was no longer general director society and therefore did not have the authority to sign such a document;
  • at the same time, V. remained to work in this organization, moving to the chair of the deputy general director. In addition, on March 10, 2011, a power of attorney was issued to him, giving him the right to sign such agreements not on the basis of the charter of the LLC, but on the basis of this power of attorney;
  • A study of the public key certificates signed by V. and the new general director P. showed:
    • certificate validity period public key The electronic digital signature, according to the certificate of the Certification Center of JSC "Unified Electronic Trading Platform", issued in the name of the new general director P., was installed from 07/04/2011 to 07/03/2012, i.e. at the time of signing the government contract, the new general director did not have a valid digital signature certificate;
    • the validity period of the EDS public key certificate issued to the former general director V. was set from 01/19/2011 to 01/19/2012, while the key certificate V. did not suspend its validity and was not canceled after the change of management of the LLC;
    • the draft state contract and the document on ensuring the execution of the contract, sent by the company to the electronic trading platform, were signed by digital signature V. as the general director of SELTEHSTROY LLC on 03/14/2011. At the same time, V. was designated in the contract as a person acting on the basis of the charter and authorized to conclude a government contract;
  • information about the dismissal of V.’s general director and P.’s appointment as general director, as well as the power of attorney dated March 10, 2011 to carry out actions on behalf of the LLC, issued to V. as deputy general director, were posted on the electronic website trading platform only 03/24/2011, i.e. after the contract has been signed and sent to the customer.

During the proceedings at the Kaluga OFAS in April 2011, all these circumstances came to light. At the same time, the new general director of LLC P., in his explanations to the antimonopoly authority, confirmed his readiness to sign the government contract and admitted that he had made a mistake when signing it, without challenging V.’s powers specified in the power of attorney.

Considering that the government contract was signed by an unauthorized person, the Federal Antimonopoly Service of Russia included information about the LLC in the register of unscrupulous suppliers for a period of 2 years. Disagreeing with this decision, the LLC appealed to arbitration court.

And here's attention: according to Art. 183 of the Civil Code of the Russian Federation, if a transaction on behalf of a legal entity is concluded by an unauthorized person, but this organization confirms it, then the transaction is considered valid and all its parties retain the obligations and rights they have assumed. And in the situation under consideration, it is the other party who wants to evade concluding a deal, but Civil Code does not provide for such a possibility. However, let's see how the judges resolved this dispute.

The court's position has changed

The Arbitration Court of the Kaluga Region considered this case in September 2011 (No. A23-2637/2011). He considered that at the time of signing the contract V. had a valid digital signature certificate and a power of attorney dated March 10, 2011, issued by the general director of the company P., and decided that the fact of untimely posting of this power of attorney on the official website electronic platform cannot indicate bad faith in the behavior of the LLC. Moreover, the power of attorney, albeit belatedly, was nevertheless posted on the official website of the trading platform. The court regarded this as the active actions of the LLC to eliminate the mistake. As a result, the court of first instance ordered the Kaluga OFAS to exclude the company from the register of unscrupulous suppliers.

In December 2011, the Twentieth Arbitration Court of Appeal supported the position of the trial court.

But the Federal Arbitration Court of the Central District in March 2012 considered that the courts of the first and appellate court There were violations during the consideration of this case. In his opinion:

municipal needs

As a result, the FAS recognized as legal the decision of the antimonopoly authority to include the LLC in the register of unscrupulous suppliers and invalidate the transaction.

If the cumulative interpretation of Part 2 of Art. 41.2 of the Federal Law of July 21, 2005 No. 94-FZ and Art. 183 of the Civil Code of the Russian Federation could still tip the scales of Themis in favor of SELTEHSTROY LLC, then to “neutralize” Art. 4 of the Federal Law “On Electronic Digital Signature”, trump cards are difficult to find.

The conclusion that we should draw after familiarizing ourselves with the position of the Federal Antimonopoly Service of the Central District: if the contract signing procedure took place on paper media, then the organization in such a situation would not have any insurmountable problems, since, unlike an electronic signature, a person’s handwritten signature is not “tied” either to his position or to the validity period of the signature certificate.

But even when signing a paper contract, the “signature” attribute includes an indication of the position, its decoding (in the form of last name, first name, patronymic) and a personal flourish. It turns out that the position is also written down here. Then what's the difference? Someone might think that those who wanted to intercept this government order had stronger muscles. And everyone else should treat this story not as a special case, but as a precedent, in order to avoid similar mistakes when signing documents electronic signatures and timely post information on the website of the electronic trading platform.


A government contract is a type of agreement that is formalized in government procurement. Read more about what this document is, how it differs from other types of contracts, and what the rules for signing it are.

Definition according to 44-FZ

A government contract is an agreement concluded by a government customer to provide government needs for products, works, and services. There are state and municipal contracts. The state contract is concluded on behalf of the Russian Federation or its region, the municipal contract on behalf of the municipality.

Government contract, municipal contract– these are contracts that are drawn up accordingly:

  • government agencies, government institutions acting on behalf of the region or the Russian Federation at the expense of budgetary funds;
  • local bodies or government agencies acting on behalf of the municipality at the expense of the local budget.

The executor of a government contract can be any legal entity (except for offshore companies) or an individual. However, there are cases when companies or individual entrepreneurs who have a license for occupation can take part in the tender, and, therefore, enter into a contract a certain type activities or any other permit.

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What is the difference between a contract and a government contract?

Here is a table showing the difference between a government contract and an agreement:

Comparison criterion

Government contract

Conclusion procedure

It is concluded based on the results of a tender; without one, it can be issued in limited cases

As a rule, it is concluded without a tender. One party makes an offer, the other party accepts it

Deadlines for signing the document

Clearly regulated by 44-FZ

Determined by agreement of the parties

The essential conditions established by the Civil Code of the Russian Federation are supplemented by other provisions

Established by the Civil Code of the Russian Federation

Responsibility of the parties in case of non-performance or improper performance

Established Art. 34, it cannot be changed

Established by the Civil Code of the Russian Federation, can be adjusted by agreement of the parties

Alteration

It is forbidden to change essential conditions, exceptions are contained in Art. 95 44-FZ

Done if the parties agree on this issue

An agreement in pursuance of a government contract is concluded by the executor of the government contract; its provisions must comply with the government contract.

5 finishing touches that will make your contract draft perfect

Using examples, we will show what conditions should be included in a project for a contract or services, so that during execution, not a single point of it can be challenged by the contractor. It was precisely such formulations that helped customers prove their case in the courts. Include them in your contracts and suppliers will hardly dare to contradict you.

Essential conditions

Its mandatory conditions:

  • subject (Product, work or service that the government customer purchases). For example, a government contract for the provision of services under 44-F must contain an indication of a specific service.
  • government contract price.
  • terms and methods of payment.
  • terms of delivery, provision of services or performance of work.
  • liability for violation of non-fulfillment or improper execution government contract.

State and municipal contracts are placed in the Unified Information System.

Conclusion procedure

A government contract is an agreement drawn up:

  • with the winner of the competitive procedure,
  • with a single supplier (Part 1 of Article 93 44-FZ).

Let's look at how government contracts are drawn up under 44-FZ based on the results of the electronic trading. This process is regulated by Art. 83.2 44-FZ. Conventionally, it can be divided into 2 situations:

  • there are no objections from the contractor regarding the text of the document;
  • there are objections.

So, a government contract is an agreement signed in the following order:

  1. The winner of the electronic tender is determined. The final protocol of public procurement is published;
  2. the customer publishes the project in the Unified Information System (5 days from the date of publication of the protocol);
  3. the contractor signs the document (also 5 days, but from the date of publication of the project);
  4. the state customer puts his signature (3 working days).

State and municipal contracts are agreements for which protocols of disagreements are drawn up only in two strictly defined cases:

  • the provisions of the project do not correspond to the tender documentation;
  • provisions are inconsistent with the information provided by the winning bidder in its bid.

Attached files

  • State contract for the provision of educational services.docx
  • State contract for the supply of goods.docx
  • State contract for highway construction work.docx

Preparing goods for loading - invoice procedure - preliminary invoice, proforma invoice, invoice specification, packing list, certificates, notice of readiness for shipment. 2. Supply and transportation, insurance - invoice, consular bill, certificates, delivery notice, waybill, shipment notice, transit certificate, insurance policy. 3. Customs clearance - customs declarations. 4. Issuing a payment invoice - commercial invoice, payment request, invoice for payment, credit, account statement, sales invoice * (16). The main stages of concluding a foreign trade contract include the following. Studying market conditions for the product of interest.

Government contract: conditions, terms, sample

The procedure for concluding state and municipal contracts has significant features and is regulated Federal law dated 04/05/2013 N 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law No. 44). The conclusion of a government contract usually consists of several stages:

  • 1.
    Determination of the needs (needs) of a state or municipal customer for certain goods, works and services, which from 01/01/2015 are carried out in accordance with the procurement plan and schedule.
  • 2. Placement of state and municipal procurement using competitive methods for determining a supplier (contractor, performer) - competition, auction, request for quotations, request for proposals or procurement from sole supplier(contractor, performer).

Conclusion of a contract

Attention

For suppliers (contractors, performers) who occupy a dominant position in the market for the relevant goods (monopolists), the conclusion of a municipal contract is mandatory.

  • 3. The draft contract is usually developed by the customer.

Important

The term for concluding a government contract depends on the method of determining the supplier (contractor, performer). The party that received the draft agreement must sign it within 30 days or draw up a protocol of disagreements within the same period, and then send the documents to the other party.


The party that received a contract with a protocol of disagreements is obliged to take measures to agree on them within 30 days and either sign the agreement or reject it (Article 528 of the Civil Code of the Russian Federation).

Having figured out how to conclude a state or municipal contract, you can begin to formalize the agreement.

The process of concluding a contract: stages and registration

Arbitration process of the Sexual Code of Ukraine (APC) "Pre-arbitration settlement of disagreements arising during the conclusion business contracts c" Disagreements arising between legal entities when concluding business agreements are considered by the heads or deputy heads of this legal entity or their authorized persons. The legal entity that has received the draft agreement, if there are objections to the terms of the agreement, draws up a protocol of disagreements in the following form: A protocol of disagreements is drawn up in 3 copies, signed by the head and sealed. On each copy of the agreement, a note is made before the manager’s signature - “with the protocol of disagreements and” In the absence of such a mark, the objections set out in the protocol of disagreements do not have legal force and the agreement is considered to be signed and comes into force from the moment of signing.

Conclusion of a contract under Federal Law 44: terms, procedure for conclusion, typical mistakes

Within 20 days, which begins from the moment of registration of the incoming number of the received correspondence, the legal entity that received the draft agreement sends to the other party a second copy of the completed agreement and two copies of the protocol of discrepancies. The enterprise keeps one copy of the protocol and one copy of the agreement.

A legal entity that has received a protocol of disagreements is obliged to review it within 20 days. If the objections set out in the protocol of disagreements are accepted legal entity, then two copies of the protocol of disagreements are signed by the head and certified with a seal.


Info

One copy of the protocol of disagreements is sent by registered mail to the person who compiled the protocol of disagreements. In case of disagreement with the objections set out in the protocol of disagreements, the legal entity is obliged to take measures against the counterparty within the same 20 days.

Conclusion of an international sales contract

If this is not checked, then in some cases the exporter may not receive payment for his goods, or will not be able to obtain a refund of funds paid for imported goods that were not delivered, or were not delivered in full or with significant shortcomings. It is also necessary to check that the name of the foreign partner in the preamble corresponds to that given in the section “Location of the parties”. This is due to the fact that the company that is indicated in the preamble may not be registered in the trade register and, accordingly, is not recognized as a legal entity of the country named for its location. And the company legal address named in the contract may deny that it entered into the contract. 6. In contracts that provide for the delivery of goods in several stages, the quantity of goods and the delivery time at each stage are often not specified. 7.

Conclusion of a government contract

Negotiations, discussion of the main terms of the contract presented by the seller or buyer, discussion of delivery dates, technical specification and prices per unit of goods or for the entire lot to be supplied. Preparation for specific commercial negotiations includes two main areas: 1) clear definition strategic goal of the upcoming negotiations and finding means to achieve this goal, for which a position is being formed Russian side during negotiations and tactics for conducting them are developed; 2) planning and implementation of organizational and technical measures that will contribute to the rational and effective conduct of negotiations.

A contract for military service may be concluded by: military personnel whose previous contract for military service is ending; military personnel undergoing military service on call, CONCLUSION OF THE DEAL From the book The Magic of Sales by the author Ladygin Alexander CONCLUSION OF THE DEAL The final stage of the sales process is absolutely necessary for its successful completion. No matter how well you carry out the previous stages, if you “stumble” at the last one, the deal may not take place. The importance of this stage is determined precisely by it 6. Closing the deal From the book Persuasion [Confident Performance in Any Situation] by Tracy Bryan 6. Closing the Deal Sixth stage of the sales process - the final stage of the transaction. It ends with you asking the customer to make a buying decision now. There is a saying in golf: “You hit the ball for show, but you hit the hole for money.”

Conclusion of a contract stages of registration

Previous CONTENTS Next Stages of concluding an agreement The initiative to establish direct contractual relations can come from any party. In this case, the decision to establish connections and conclude an agreement is made, as a rule, in three stages. At the first stage, information about the prospective partner is collected and comprehensively analyzed. At the same time, it becomes clear whether it really exists, what volume of its statutory activities it has, how high its financial growth is, its main features. His business reputation is verified by checking the powers of the partner’s representative, who is entrusted with the responsibility of leading the negotiations.

Particular difficulties at the first stage arise when collecting information about the prospective partner. For this purpose, you should contact the authorities state registration enterprises, tax administrations and, to competitors, special foreign firms that provide information about entities.

It is important to draw up a transaction diagram before the contract. From the book PROvocateur. We$li the author Sergey Smirnov Chapter 15. It is important to draw up a transaction scheme before the contract. Transaction scheme. The transaction scheme and the procedure must be explained to the client at the time of signing the contract. Discuss the rules of interaction, draw a plan. The picture shows an example of a diagram. “The client’s object will not work. Closing a deal From the book Managing the Sales Department by the author Konstantin Nikolaevich Petrov Closing a deal The stage at which a deal is concluded begins with obtaining the client’s final consent to make a purchase. If the client does not sign the contract, all the seller's preliminary work will be nullified, and many sellers 2.2.2.
Conclusion of a contract with qualified suppliers From the book Purchasing Guide by Dimitri Nicola 2.2.2.
Features of acceptance: 1) acceptance of the offer comes into force when the acceptance is received by the offeror; 2) silence or inaction does not constitute acceptance; 3) acceptance can be canceled if the notice of cancellation is received by the offeror before the moment or at the same moment when the acceptance should have come into force; 4) an acceptance received late remains valid if the offeror, without undue delay, informs the offeree about this or sends him a corresponding notice; 5) the acceptance is considered canceled if the notice of cancellation is received by the offeror before the moment or at the same moment when the acceptance should have come into force; 6) is not an acceptance and is a counter-offer, a response to the offer, which contains additions, restrictions or other changes compared to what is specified in the offer.

Types of offer: 1) depending on the intentions of the offeror: a firm offer is an offer to sell a consignment of goods to one buyer, indicating the period during which the seller is bound by his offer and cannot make a similar offer to other buyers. In the text of such an offer itself, it is advisable to indicate that the product is offered firmly with a response before certain period(date, hour).

This allows the parties to the proposed transaction to avoid an ambiguous understanding of the nature of the offer; a free (non-firm) offer is an offer to sell a consignment of goods simultaneously to several possible buyers without specifying a response period and therefore does not bind the offeror with his offer.