A government contract concluded for the performance of government services. What do you need to know about state and municipal contracts? Amount of security for the execution of a government contract

This Federal Law defines the relationship between government customers and suppliers. They are aimed at providing municipal and state needs. Thanks to the established relationships, the efficiency and effectiveness of public procurement of works, goods and services increases. Additionally, transparency and openness of such transactions are ensured, which eliminates corruption and other unpleasant actions in the field of public procurement.

To make a purchase, you must:

Draw up a plan that promotes the correct distribution of work, goods and services (you can find out how to make changes to the procurement plan);
Identify potential suppliers. The category of suppliers includes performers and contractors;
Conclude an agreement on a civil basis. It is signed to perform one of the following actions:
- Completing of the work;
- Delivery of goods;
- Providing a service.
Determine the nuances of contract implementation;
Analyze the services of suppliers;
Conduct an audit in this area;
Monitor all procurement-related transactions and consider whether actions were taken in accordance with this legislation Russian Federation and other regulatory legal acts.

Government contract- a document that is concluded between persons to supply products or perform various works and services intended for government needs. Thanks to the government contract, the supplier is obliged to transfer the manufactured products to the customer. The customer, in turn, undertakes to provide timely payment after the conclusion of the contract. The government contract is signed after creation necessary conditions facilitating the performance of duties. (Features of contract execution under Federal Law 44).

Conclusion procedure

New legislation bears a single but very important responsibility. It controls maximum transparency in public procurement. Federal Law-44 fights corruption and prevents misallocation of budget funds. As a result, several frameworks have been created, the goals of which include preventing illegal supplies and maximizing the transparency of the transaction. (and 223 Federal Laws for dummies is possible)

Contract service- each municipal or government agency, which purchases goods or services worth more than 100 million rubles per year, must hire special employees. These are people specializing in government contracting. Thanks to these employees, government procurement will be carried out more efficiently and competently;
Procurement planning. In accordance with the law, previously plans and schedules were drawn up by the state customer only for a year. Now such projects are supplemented with information on procurement if they are drawn up for the next three years. Some features of concluding a contract have also been added. The procurement schedule is drawn up within 10 days from the date of receipt of the rights to dispose of budget funds in cash. As part of the EIS, the compiled schedules must be published in the public domain.
EIS— The only Information System. To replace the old website where goods were purchased, a special information structure was created. Now, competitions will not only be held and organized within the EIS. Here you can also find information on the procurement plans of the largest suppliers and concluded schedules. The system is designed to solve several problems simultaneously. Namely, to provide users with information and make the procurement process more efficient;
Anti-dumping policy. Dumping seriously affects the quality of contract execution. FZ-44 was created to exclude negative impact To the market. Now, if the supplier offered a price 25% below the minimum, he must provide information about how this price was formed. He also needs to prove that the work at this price will be of high quality. Only in this case can the participant be included in the tender;
Execution of the contract. If the contract has been concluded, a number of other activities must be carried out. Even at the stage of signing the contract, several innovations are already being introduced. Now, before signing a contract for the provision of products and services, the customer conducts an examination of supplies according to the terms and subject of the contract. After this operation, a report is drawn up and published in the Unified Information System.

Term

When must the customer sign a contract under 44-FZ? Contract signing period for electronic auction is 27 days. The document is concluded no earlier than 10 days after the publication of the protocol for summing up the results of the electronic auction. If the customer violates the deadline, it is provided administrative responsibility according to Article 7.32 of the Code of Administrative Offenses of the Russian Federation. Sometimes deadlines are violated by the auction winner. In this case, the court recognizes him as having evaded concluding a contract.

For what period is a government contract concluded under 44-FZ? The duration of the contract depends on the conditions specified in it. In other words, the contract is valid until all obligations under it are fulfilled. Once the last condition has been fulfilled, the contract completely ceases to exist. If a separate period is indicated next to specific obligations, this does not mean that after its expiration they will cease to apply. The contract is considered fulfilled after all prescriptive conditions have been met.

Federal Law No. 44 does not contain such a concept as maximum term government contract after the conclusion. There are interim periods during which the obligations specified therein must be fulfilled.

Download FZ-44

In this Federal Law relationships are determined that are aimed at ensuring municipal and state needs. The main goal of the Federal Law is to increase the effectiveness, efficiency, procurement of works, goods, services, ensure transparency and openness of such government procurement, taking into account the conclusion of the contract.

The law is approved by the Government of the Russian Federation. Then legislative provisions are agreed upon with the Administration of the President of the Russian Federation or another legal entity in the cases provided for in Article 15 of this 44-FZ.

To download latest edition law "On contract system in the field of procurement of goods, works, services to provide government and municipal needs» with changes, additions and amendments, go to.

The supply of goods for state and municipal needs is carried out on the basis of a state or municipal contract for the supply of goods for state or municipal needs, as well as contracts for the supply of goods for state or municipal needs concluded in accordance with it (clause 1 of Article 525 of the Civil Code of the Russian Federation).

By state or municipal contract for the supply of goods for state or municipal needs, the supplier (contractor) undertakes to transfer the goods to the state or municipal customer or, at his direction, to another person, and the state or municipal customer undertakes to ensure payment for the goods supplied (Article 526 of the Civil Code of the Russian Federation).

The provisions on the supply contract (Articles 506-523 of the Civil Code of the Russian Federation) apply to relations for the supply of goods for government needs, unless otherwise provided by the rules of § 4 of Chapter 30 of the Civil Code of the Russian Federation; to the extent not regulated by these rules, other laws apply (clause 2 of article 525).

In addition to the Civil Code of the Russian Federation, supply relations for state and municipal needs are regulated Budget Code of the Russian Federation, the Law of the Russian Federation “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” and a number of other regulations. In addition, certain provisions of the Federal Law of March 13, 1994 “On the supply of products for federal state needs” remain in force.

In accordance with the terms of a state or municipal contract, the supply of goods is carried out by the supplier (contractor) directly to the state or municipal customer (hereinafter referred to as the customer) or to the recipients specified by him without concluding any contracts for the supply of goods for state or municipal needs.

However, the relevant contract may provide for the customer to assign a supplier-executor to specific buyers to conclude agreements with them for the supply of goods for state or municipal needs.

Parties of a state or municipal contract for or municipal needs are the customer and the supplier (performer).

According to Art. 4 of the Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”, state bodies, state extra-budgetary funds, bodies local government, as well as budgetary institutions and other recipients of funds federal budget and authorized bodies state power constituent entities of the Russian Federation or local governments for placing orders from budgetary institutions, other recipients of funds from the budgets of constituent entities of the Russian Federation or local budgets when placing orders for the supply of goods, performance of work, provision of services at the expense of budget funds and extra-budgetary sources of funding.

If a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body authorized to carry out the functions of placing orders for customers (hereinafter referred to as the authorized body) are created, these authorized bodies carry out the functions of placing orders for customers, determined by the decision on the creation of an appropriate authorized body, with the exception of the signing of state or municipal contracts for the supply of goods, performance of work, provision of services for state or municipal needs. In this case, state or municipal contracts are signed by customers. The procedure for interaction between the authorized body and customers should be established by the decision on the creation of such an authorized body.

In accordance with Art. 6 of this Law, the customer or an authorized body (if such a right is provided for by the decision on the creation of an authorized body) has the right to attract a legal entity (hereinafter - specialized organization) to carry out the functions of placing an order through bidding in the form of a competition for the right to conclude a state or municipal contract (hereinafter referred to as the competition) or an auction for the right to conclude a state or municipal contract (hereinafter referred to as the auction) - development of tender documentation, documentation about the auction, publication and posting a notice of open competition or open auction, sending invitations to take part in a closed competition or a closed auction and other functions related to ensuring the conduct of tenders. At the same time, the creation of a commission for placing an order, determining the initial (maximum) price of a state or municipal contract, item and essential conditions state or municipal contract, approval of the draft contract, tender documentation, auction documentation, determination of tender conditions and their changes are carried out by the customer, authorized body, and the signing of a state or municipal contract is by the customer.

Suppliers (executors) are organizations recognized as winners of auctions held for the purpose of placing state or municipal orders, or those who accepted the state or municipal order brought to them for execution.

Feature subject This type of purchase and sale is the purpose of acquiring goods - satisfying state and municipal needs.

Conclusion of a state (municipal) contract and a supply agreement for state (municipal) needs

A state or municipal contract (hereinafter referred to as the contract) is concluded on the basis of an order accepted by the contractor for the supply of goods for state or municipal needs (Clause 1, Article 527 of the Civil Code of the Russian Federation). Moreover, for the customer who placed the order, the conclusion of a contract is mandatory, unless otherwise provided by law. And for the supplier (performer) it is mandatory only in cases established by law, and provided that the customer will compensate for all losses that may be caused to the supplier (performer) in connection with the execution of the contract. The provision for compensation for losses does not apply to a state-owned enterprise.

An order can be placed:

through bidding in the form of a competition, auction, including an electronic auction;
without holding a tender (by requesting quotes from sole supplier(performer, contractor), on commodity exchanges).

In Art. 528 of the Civil Code of the Russian Federation establishes the procedure for concluding a contract. The draft contract is developed by the state customer and sent to the supplier (performer), unless otherwise provided by agreement between them.

The party that received the project signs it no later than 30 days and returns one copy to the other party. If there are disagreements regarding the terms of the contract, a protocol of disagreements must be drawn up within the same period. The latter, together with the signed contract or a notice of refusal to conclude it, is sent to the other party.

The party that received a contract with a protocol of disagreements must review them within 30 days and take measures to agree on the latter with the other party and notify it of acceptance of the contract in its edition or rejection of the protocol of disagreements. If the protocol of disagreements is rejected or the specified period expires, unresolved disagreements under the contract, the conclusion of which is mandatory for one of the parties, may be submitted by the other party no later than 30 days to the court for consideration.

If the contract is concluded based on the results of a competition to place an order for the supply of goods for state or municipal needs, the contract must be concluded no later than 20 days from the date of the competition.

In cases where a party for whom the conclusion of a contract is obligatory avoids concluding it, the other party has the right to apply to the court with a demand to force this party to conclude a contract.

The rules for concluding an agreement for the supply of goods for state or municipal needs are provided for in Art. 529 of the Civil Code of the Russian Federation. In particular, if, according to the contract, the supply of goods is carried out by the supplier (performer) to the buyer determined by the customer under contracts for the supply of goods for state or municipal needs, the customer, no later than 30 days from the date of signing the contract, sends a notice to the supplier (performer) and the buyer about the attachment of the buyer to the supplier (to the performer). Such a notification is the basis for concluding a contract for the supply of goods for state or municipal needs.

In turn, the supplier (performer) is obliged to send the draft contract to the buyer specified in the notice of attachment no later than 30 days from the date of receipt of the notice from the customer, unless a different procedure for preparing the draft contract is provided for in the contract or the draft contract is not submitted by the buyer.

The party that received the draft agreement signs it and returns one copy to the other party within 30 days from the date of receipt of the draft, and if there are disagreements regarding the terms of the agreement, within the same period draws up a protocol of disagreements and sends it along with the signed agreement to the other party.

The party that received the signed draft agreement with a protocol of disagreements must, within 30 days, consider the disagreements, take measures to agree on the terms of the agreement with the other party and notify the other party of acceptance of the agreement in its version or rejection of the protocol of disagreements. Unresolved disagreements may be submitted by the interested party to the court for consideration within 30 days.

In cases where the supplier (performer) avoids concluding an agreement, the buyer has the right to go to court with a demand to force him to conclude an agreement on the terms of the project developed by the buyer.

The law gives the buyer the right to fully or partially refuse the goods specified in the notice of attachment and to enter into an agreement for their supply (Clause 1 of Article 530 of the Civil Code of the Russian Federation). In this case, the supplier (performer) must immediately notify the customer and has the right to demand from him notification of attachment to another buyer.

The customer, no later than 30 days from the date of receipt of the supplier’s (contractor’s) notification, must either issue a notice of the attachment of another buyer to him, or send the supplier (contractor) a shipping order indicating the recipient of the goods, or inform about his consent to accept and pay for the goods.

If the customer fails to fulfill these obligations, the supplier (performer) has the right to either require him to accept and pay for the goods, or sell the goods at his own discretion, assigning reasonable costs associated with their sale to the customer. In cases provided by law, the customer has the right to fully or partially refuse goods, the supply of which is provided for in the contract, subject to compensation to the supplier for losses caused by such refusal. If the customer’s refusal of the goods resulted in the termination or modification of the contract, then the losses caused to the buyer are compensated by the customer (Article 534 of the Civil Code of the Russian Federation).

Features of contract work for state or municipal needs

Contract work for state or municipal needs is carried out to meet state or municipal needs. These works are financed from the budget or extra-budgetary sources.

Contract work for state or municipal needs is carried out on the basis state or municipal contract to perform contract work for government needs.

Under a state or municipal contract for the performance of contract work for state or municipal needs, the contractor is obliged to perform construction or other work, in accordance with the contract for the performance of contract work related to the construction or repair of facilities, and transfer their results to the state or municipal customer, and the state or municipal customer undertakes to accept the work performed and pay for it or ensure payment for it.

Subject contracts are the results of construction and other work related to them (design, survey, repair, etc. - clause 2 of article 763 of the Civil Code of the Russian Federation).

Features of a state or municipal contract:

under a state contract, state customers can be state bodies (including state authorities), management bodies of state extra-budgetary funds, as well as government institutions, other recipients of funds from the federal budget, budgets of constituent entities of the Russian Federation when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources of funding:
under a municipal contract, municipal customers can be local government bodies, as well as other recipients of local budget funds when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources of financing (Article 764 of the Civil Code of the Russian Federation);
the customer under the contract is government agency possessing investment resources, or an organization authorized to dispose of such resources, and the contractor may be a person who is an entrepreneur and has the necessary license:
the grounds and procedure for concluding a state or municipal contract are determined according to the rules of Art. 527 and 528 of the Civil Code of the Russian Federation (grounds for concluding a state or municipal contract);
The contents of a state or municipal contract concluded as a result of a tender or request for price quotes for work carried out for the purpose of placing an order for contract work are determined in accordance with the announced conditions of the tender or request for price quotes for work and the proposal of the contractor recognized as its winner (clause 2 Art. 766 of the Civil Code of the Russian Federation);
relations under a state or municipal contract are regulated not only by the Civil Code of the Russian Federation, but also by the law on contracts for state or municipal needs, i.e. Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs.”

The state or municipal customer is obliged accept work, pay or ensure payment.

The following may act as a state or municipal customer, respectively:

under a state contract - state bodies (including state authorities), management bodies of state extra-budgetary funds, as well as government institutions, other recipients of funds from the federal budget, budgets of constituent entities of the Russian Federation when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources financing;
under a municipal contract - local government bodies, as well as other recipients of local budget funds when placing orders for contract work at the expense of budgetary funds and extra-budgetary sources of financing (Article 764 of the Civil Code of the Russian Federation).

As customer acts either a state body or an organization aimed by the corresponding state body with the right to dispose of state resources.

As contractor are both legal entities and individuals.

A state or municipal contract for contract work contains essential conditions:

characteristics of the object;
volume and cost of work;
start and end dates:
size and procedure of financing;
the method of fulfilling obligations (clause 1 of Article 766 of the Civil Code of the Russian Federation).

Changing the terms of the state contract in terms of terms or other conditions is allowed if the funds of the corresponding budget are reduced. issued to finance work (Article 767 of the Civil Code of the Russian Federation).

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 an individual, individual entrepreneur or some 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 us analyze the specifics of each of them in order to understand the principle of concluding such a transaction.

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 limits 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 registry 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 period, 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 the mandatory terms of the contract are: the place where the work will be performed, 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 deal, 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 government officials, our country has significantly tightened liability for violations of the terms of government contracts.

Guide to the contract system:

A Guide to Procurement Disputes:

1. The contract is concluded on the terms stipulated by the notice of procurement or the invitation to take part in determining the supplier (contractor, performer), procurement documentation, application, final proposal of the procurement participant with whom the contract is concluded, except for cases in which, in accordance with This Federal Law does not provide for a notice of procurement or an invitation to participate in determining the supplier (contractor, performer), procurement documentation, application, or final offer. In the case provided for in Part 24 of Article 22 of this Federal Law, the contract must contain the procedure for determining the quantity of goods supplied, the volume of work performed, and services provided based on the customer’s requests.

2. When concluding a contract, it is indicated that the contract price is fixed and determined for the entire period of execution of the contract, and in the case provided for in Part 24 of Article 22 of this Federal Law, the prices of units of goods, work, services and the maximum value of the contract price are indicated, as well as in In cases established by the Government of the Russian Federation, the approximate value of the contract price or the price formula and the maximum value of the contract price established by the customer in the procurement documentation are indicated. When concluding and executing a contract, changing its terms is not allowed, except for the cases provided for by this article and Article 95 of this Federal Law. If the draft contract provides for separate stages of its execution, the price of each stage is set in an amount reduced in proportion to the decrease in the initial (maximum) price of the contract by the procurement participant with whom the contract is concluded.