Execution of a contract under Federal Law 44 and its features

Since June 2014, amendments to Federal Law No. 44 are in force. They touched, among other things, the particularities of the implementation of the terms of the contract concluded on the basis of procurement for municipal and state needs. Let us further consider how the implementation of the contract under 44-FZ is carried out .

General information

The execution of the contract under 44-FZ includes a set of measures implemented through the interaction of the customer and the supplier / contractor. The list of actions is determined by article 94 of the normative act. It includes:

1. Acceptance of delivered products, work performed (or its result), services provided, individual stages of these actions. As part of these activities, an examination is also being conducted.
2. Payment by the customer of products, services / work or individual stages.
3. The 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 can be applied and other actions taken if any of the participants in the transaction violates its terms.

Duties of the parties

The execution of the contract under 44-FZ must meet certain requirements. Otherwise, it will be declared inappropriate. The legislation in this regard establishes a number of obligations for the supplier / contractor:

1. Timely provide reliable information about the process of fulfilling the terms of the contract. The subject must, among other things, report difficulties encountered during the implementation of the specified actions.
2. Provide the results of work, delivery of products, services in the period specified by the agreement.
   

It is the responsibility of the customer to carry out an examination of the results received from the contractor / supplier. This procedure is performed by the entity at its own expense. Competent citizens and organizations may be involved in the examination on the basis of an agreement.

Nuances

It should be noted that the execution of the contract under 44-FZ provides for an obligatory examination if the purchase is made from one supplier / contractor. In addition, the Government may establish other cases in which this procedure should be carried out. The relevant rules are introduced by Law No. 140, which amended 44-FZ.

Customer Features

In some cases, this participant is given the right not to attract experts. These include situations when procurement is carried out:

1. Goods, work, services of the central depository or non-participants of natural monopolies.
2. For state needs of the sole supplier / contractor established by Decree or Order of the President, or in cases provided for by instructions of the Head of the country or Government Decisions.
3. Mobilization training.
4. In the amount of not more than 100 thousand rubles.
   
5. Services / work that are carried out by the executive body within the framework of its powers or by its subordinate institutions, unitary enterprises. The competence of the latter is determined by federal law, regulatory acts of the Government or the President, as well as regional legal decrees.
6. Russian military equipment and weapons, which have no analogues and are produced by a single manufacturer, from a supplier included in the register. The procedure for its maintenance and formation of the cost of delivery is determined by the Government.
7. Services for sanitation, water, gas, heat supply, connection to engineering 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, accidents of anthropogenic / natural character, force majeure, if it becomes necessary to provide medical assistance in emergency cases or in an emergency. These include, but are not limited to, procurement of 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 work / services / products should not be included in the list of objects necessary for the provision of humanitarian aid, liquidation of the consequences of an emergency of a technogenic / natural nature, and the use of other methods for determining the supplier / contractor requiring time-consuming was considered inappropriate.

Additionally

As part of the execution of the contract under 44-FZ, the customer may be exempted from the obligation to attract experts also in cases when a purchase is made:

1. Printed / electronic publications of specific authors by publishers, if the latter have exclusive rights or licenses to use these objects, as well as providing access to them to maintain the normal functioning of municipal and state educational institutions, libraries, scientific organizations.
2. Services related to the organization and provision of visits by heads of foreign countries, their governments, parliamentary delegations, and leaders of international structures. In particular, we are talking about the maintenance of office equipment, computer and sound equipment, transport and hotel services, food.
3. Products, works, services to ensure the functioning of public protection facilities. These include, among other things, activities related to the organization of field events carried out by the President, the Government, and the chambers of the Federal Assembly.
4. Under contracts for the provision of services for the repair and maintenance of non-residential premises (one or several) provided for operational management or free operation to the customer, if they are provided to other entities using objects located in the same building.
5. Under power supply or sale contracts with a guaranteeing supplier.
6. Expert services 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, providing travel to the place, renting premises for temporary residence, meals, transport services.
   

Exemption from duty is also provided for:

1. When renting a non-residential building / premises to ensure regional, federal or municipal needs, as well as a customer operating abroad.
2. If the result of the work provided for by the contract is the project documentation for the capital construction project or the results of engineering surveys, whether or not subjected to state examination, if it is mandatory, in accordance with the law.

Enforcing the contract under 44-FZ

The legislation provides for the possibility of:

1. Providing a bank guarantee that meets the requirements of Article 45 of the Law.
2. Depositing money into the account specified by the customer. On this r / s should be taken into account operations with all the funds that come to him.

Enforcing a contract under 44-FZ is mandatory. Without a guarantee or deposit, the contract will be considered non-concluded. The relevant provisions are enshrined in article 96 of the regulatory enactment.

Exceptions

There are several cases in which it is not required, according to Art. 96 44-FZ, enforcement of the contract. An electronic auction is one such exception. During its implementation, despite the obligation to establish a requirement, the customer has the right not to provide for it. If it was fixed, then the participants who did not win or withdraw their applications in accordance with the established procedure shall return the contract execution security. 44- in article 34 provides that the period in which this operation is performed is determined by the customer.

Expertise Features

If the procedure is carried out by the customer, he can form a special acceptance committee. It should include at least 5 people. The term of the contract under 44- is set 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 drawn up. It is signed by all members of the commission.

Important point

If the results were not accepted, a motivated unilateral refusal to fulfill the contract is sent to the contractor / supplier . According to 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 considers the violations revealed by the commission insignificant.

Reporting Results

The results of the work performed or its individual stages are documented in accordance with the rules of Section 94 of the Law (Part 9). The execution of the contract under 44-FZ is placed in the information system in the form of a report. Legislation has a number of requirements for this document. If we analyze any example of filling out contract execution under 44-FZ , it can be noted that the report contains information about:

1. The results of a separate stage of work, the delivery of products, 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 performance or non-performance of the contract. In this case, specific violations committed by the contractor / supplier, as well as sanctions applied to him in connection with this are indicated.
3. Termination / amendment of the contract during its execution.
   

In addition to this information, reports of expert reviews of contract execution are attached to the reports. The terms of placement, according to 44-FZ, the form of the document, the procedure for its preparation and publication in a single procurement information base can be established by municipal or regional authorities.