The process of registration, execution and delivery of the contract should be regulated by law. The federal law "On the contract system in the field of procurement of goods, work, services to meet state and municipal needs" provides all the necessary information about the reports on the execution of the contract. No. 44-FZ will be discussed in detail in this article.
On contract execution
The presented Federal Law regulates relations related to meeting the needs of a municipal and state nature. Corruption becomes a frequent occurrence in the procurement system, and therefore various kinds of abuse must be stopped in a timely manner. Perhaps this is through the following series of measures:
- quality procurement planning ;
- clear definition of suppliers;
- conclusion of civil contracts in strict accordance with the laws of the Russian Federation;
- audit in the field of procurement of goods, services and works;
- procurement monitoring;
- execution of contracts taking into account all the features.
The contract system in the field of procurement of various kinds of services, goods and works should work in accordance with the following principles:
- openness and transparency;
- customer professionalism;
- ensuring and supporting competition;
- stimulate innovation;
- unity of the whole system;
- responsibility for the results of collateral, etc.
Information about reports on the execution of the contract under 44-FZ is laid down in Articles 94-96. It is these articles that will be analyzed further.
On contract execution
What is contract execution? According to paragraph 1 of Article 94 of the Federal Law under consideration, 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.
It is worth highlighting the following activities:
- acceptance of delivered goods or services, as well as individual work steps provided for by the contract. Acceptance should include examination of the delivered goods.
- Payment by the customer of the delivered goods or results of services.
- Customer interaction with the contractor during the processes of formation, amendment or termination of the contract. In cases of fixing offenses, special measures of responsibility may be taken.
Contractors or contractors are obliged to provide all the necessary information in a timely manner about the progress in fulfilling their obligations, about the difficulties that arise, about the procedure for performing services, etc. The customer must ensure the quality of the acceptance of the goods or services.
About customer
Most of the activities in the process of receiving services or transferring goods are, of course, carried out by the contractor. It is his responsibility to ensure the quality process of a product or service in accordance with all the rules of the law. However, the customer also has a number of responsibilities that are enshrined in law.
Based on the results of the acceptance, special control and verification activities should be carried out. Verification of the results provided by the contractor is carried out using a special examination. All expert activities should be provided by the customer. It is the customer who is obliged to engage experts in the implementation of the relevant work.
Examination
Expert activity is a mandatory element in the sale of goods or services. The delivered goods must be subject to verification, except in 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, etc .;
- some other points enshrined in the articles of the Federal Law under consideration (clause 4 of article 94).
In this case, the Government may determine specific cases when special expert checks are necessary. The examination procedure is also fixed by the executive authority. Experts, however, have the right to demand from the customer all the necessary documentation necessary for the work of the control type.
About goods acceptance
A little more detail is worth telling about the acceptance process - the most important element included in the report on the execution of the contract under 44-FZ. So, by decision of the customer, a special acceptance committee may be created, which should include at least five people. The acceptance procedure and the timing should be carried out in strict accordance with the standards specified in the contract. Everything should be executed in a special document, which is signed by the customer. Acceptance data is also included in the contract performance report.
According to 44-FZ, the customer can be issued a reasoned refusal to supply this or that product. The result of such an action will be the consequences indicated in the contract itself. It is also worth noting that the customer has the right to refuse to accept the goods or services if, during the acceptance process, obvious discrepancies are found in the provisions specified in the contract.
The report on the execution of the contract under 44-FZ, therefore, should be compiled according to the features of the acceptance procedures.
About the results of contract execution
According to the law, a contract can be executed in several stages. So, the execution of only one stage should already be reflected in the report by the customer. Moreover, the report itself should be placed in the Unified Information Register. According to Article 94 No. 44-FZ, the contract execution report form must contain:
- information on the improper performance of the contract (all violations must be characterized in detail);
- information on the formation, termination or amendment of the contract in the process of its execution;
- information on the execution of the contract, as well as on compliance with the deadlines for the final or intermediate type of contract execution.
The results of the examination and documents from the acceptance committee must be attached to the report itself. A sample of filling out a report on the execution of a contract under No. 44-:
The report arrives in the regional or federal information system - depending on which order was placed.
About contract change
Article 95 of the normative act under consideration sets forth the basic rules according to which a change in the essential contractual terms is allowed. So, here it is worth highlighting:
- The existence of the right to change the contract terms, if such is fixed in the contract itself. At the same time, a decrease in price should not entail a change in the quantity of goods, the volume of work or services. Changing conditions should not affect the quality of the supplied goods or the services provided. Here it’s worth highlighting another rule, according to which a decrease or increase in the volume of supplies by more than ten percent is not allowed.
- The value of the concluded contract should not exceed the amount of the price established 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 does not imply a change of supplier. An exception may be made only when the new supplier is the assignee of the old due to the reorganization of the relevant legal entity. A change in the customer is permissible only if the report on the execution of the contract under 44-FZ is changed. An example of such a report in the information register:
The contract termination procedure will be described later.
About termination of the contract
Under what conditions can a contract for the supply of goods or services be terminated? Clause 8 of Article 95 of the considered normative act speaks of the agreement of the parties and the relevant court decision. In case of refusal of one of the parties, it will be necessary to be guided by the civil legislation of the Russian Federation.
Naturally, upon termination of the contract, all reports on the execution of contracts are also subject to liquidation (according to 44-FZ, the deadlines for refusal to fulfill are unlimited, it is only necessary to record all the necessary information in the corresponding register within three days from the date of refusal).
In what cases is the customer obligated to make a decision to refuse to fulfill the contract conditions? This is what the law indicates:
- the delivered goods do not correspond to the data stated in the documents;
- An investment contract for the sale of goods whose production had just been created or significantly modernized was broken.
Upon termination of the contract, one of the parties has the opportunity to claim damages. It concerns cases both with several performers, and with the only supplier. The report on the execution of the contract under 44-FZ may contain information on possible amounts of damage.
Enforcing a Contract
The execution of a contract, in accordance with article 96 of the law in question, can be provided by the customer. The collateral may take various forms: in the form of bank guarantees, depositing the initial amount, etc. Moreover, the collateral is not allowed in the following cases:
- loan services are bought;
- The procurement participant is a state or regional government-owned institution.
If force majeure impedes the conclusion of the contract, a thirty-day correctional period may be assigned. If this period is exceeded, the passing competitive system is invalidated.
Separately, it is worth talking about the timing of the placement of the report on the execution of the contract under 44-FZ. So, according to article 103, the report must be posted in the information system within three days. At the same time, Government Decision No. 1093 states a period of one week.