State contract: conditions, terms, sample

The legislation of the Russian Federation provides for the establishment of legal relations between state or municipal structures and private suppliers of goods, services and works by signing special contracts. These agreements must be concluded in accordance with strict rules established in separate sources of law. Their signing and execution is characterized by a large number of nuances. What is the specificity of legal relations, formalized through state contracts? How are they concluded?

What can be the subject of the state contract?

A state contract is concluded for the purpose of legalizing legal relations, the subject of which is the sale of goods or the provision of services for the needs of authorities arising from the need to implement their powers by these structures. The customer under the relevant contract is a state, and the executor may be an organization, an individual entrepreneur or an individual.

How can a state contract look like? A sample of the structure of the corresponding document is on the picture below.

The counterparty under the state contract can be both connected with state structures, and independent of them. In a number of cases, a state contract may also be concluded with foreign entities, as a rule, in those cases when the authority or authorities can not order the necessary goods inside the country.

The type of legal relations under consideration is concluded within the limits of procedures and deadlines established by law. Let's study their specifics in more detail.

Procedure and terms of concluding state contracts

The first stage of registration of legal relations involving the state and its counterparties is the drafting of the contract in question. It is developed directly by the authority, that is, the customer, and then sent to the supplier. If the second party of legal relations is satisfied with the terms of the contract, then it signs it within 30 days, after which it passes a copy of the contract to the state body that drafted the agreement.

In a number of cases, the conclusion of a state contract is carried out after bidding within the procedure for placing government contracts for the needs of the authorities. In this case, the timing of signing the corresponding agreement may be different: the contract can be concluded no earlier than 10 days after the signing of the bidding protocol, but no later than 20 days after the implementation of this procedure.

If the supplier does not sign the contract within the time limits specified by the legislation, the right to conclude an agreement with the state is transferred to another economic entity. As a rule, to the one that will offer the next most favorable price in the bidding. At the same time, a firm that refused to enter into a state contract can be included in the register of unfair counterparties. In this case, the relevant organization will not be able to participate in state procurement during 3 years.

The conclusion of a public contract involves determining its terms. Let's study this aspect in more detail.

Terms on government contracts

The terms of the contract concluded by the supplier of certain goods or services with the state are classified:

• To significant;
• On compulsory;
• For others.

The first type of conditions of the relevant agreement are:

• subject;
• Terms;
• The cost of supplies and the order of their payment.

If the counterparty works on the USN, then the price of the contract is indicated without VAT. If not, the value of the value added tax is reflected in the price structure under the contract.

The mandatory conditions of the contract include:

• Place of execution of the agreement;
• The acceptance procedure for the delivered goods;
• Conditions of responsibility of the parties of legal relations.

As a rule, a state contract presupposes establishing an order of responsibility in accordance with which a state or its counterparty pays a penalty in the event of non-fulfillment of the contractual terms, calculated taking into account the current refinancing rate of the Central Bank. In the event that any of the parties proves that the failure to fulfill the terms of the contract took place due to force majeure or other objective reason, the penalty is not paid.

To other conditions of the contract it is possible to carry, in particular, its maintenance. It will be useful to consider its specifics in more detail.

Provision as a condition of the contract

Under the guarantee in the context of such an agreement as a state contract, it is customary to understand the financial guarantee of the fulfillment by the supplier of goods or services on government orders. In the event that the counterparty of the authority fails to solve the tasks set, the customer will be able to cover the losses incurred due to the collateral.

The main types of government contracts:

• Bank guarantee;
• insurance;
• Bail;
• pledge.

At the same time, the amount of collateral under government contracts should not exceed 30% of the price of supply of goods or provision of services recorded in the notification of the initiation of trading.

Even if the terms of the contract between the state and its counterpart are agreed, they can be changed, one way or another. We will study how this can be done.

Change in the terms of the state contract

First of all, we note that the terms of the state contract, relating to the material, terms, place of implementation of legal relations, as well as the structure of the price can not be adjusted. However, it is allowed to modify such agreement options as:

• Data on the parties to the transaction (changes in them can be predetermined, for example, by some or other adjustments in the constituent documents, details);
• Information on the number or volume of goods or services ordered by the state;
• The total price of the contract, if for inflationary reasons, with a long-term agreement, the factors affecting the value of the supplier's costs change.

In this case, any change in the terms of the state contract, initiated by one party to the transaction, must be accepted by the partner under the agreement.

We will now study in what order the state contract ceases to operate.

Termination of the contract

A state contract (contract) may be terminated if:

• The parties have fulfilled their basic obligations;
• The partners jointly decided to terminate the legal relationship;
• The relevant contract is annulled by the court.

The contract is terminated, as a rule, in the order of civil proceedings. The hearing for the cancellation of the agreement, therefore, is initiated by one of the parties. At the same time, she can apply to the court only if her partner refused to terminate the contract if there are legal grounds for doing so, or if the counterparty does not receive a response to the relevant proposal within the prescribed time limit - under the contract or under the law.

State and municipal contract - a tool for documenting legal relations, which is governed by the provisions of Art. 72 of the Civil Code of the Russian Federation, as well as Federal Law No. 44, adopted on 05/04/2013. Let's consider the peculiarities of the legislative regulation of the procedure for concluding state contracts in more detail.

Legislative regulation of state contracts: Article 72 of the RF Budget Code

So, among the key sources of law, the jurisdiction of which extends to the enterprises involved in legal relations in the framework of state contracts - the Budget Code. In accordance with the provisions of Article 72 of the RF Budget Code, purchases of various goods, works or services in order to meet the needs of state or municipal authorities are carried out in a contract format that:

• Is based on the plan of purchases of goods, services or works;
• Is formed in accordance with established norms of law;
• Is paid at observance of limits within the limits of budgetary obligations that are established in the legislation.

The RF CC allocates a separate category of agreements - state contracts for the supply of certain goods to the Russian Armed Forces under programs approved by the president of the Russian Federation. These contracts can be concluded on condition of payment of deliveries within the limits of money resources which are determined by the conditions of the corresponding programs.

The RF CC also says that a state contract for the provision of services or the performance of works with a duration of the sales cycle exceeding the validity of limits in the framework of budgetary obligations can be paid within the limits of the amount of money that is determined through decisions made by the authorities in the order , Defined by the provisions of the RF Budget Code.

In the event that the object of the state contract is the delivery of goods within a period that exceeds the period of validity of the limits of budgetary obligations, the relevant agreements can be concluded taking into account the norms of law governing legal relations in the contract system of procurement of certain goods.

Legislative regulation of state contracts: Federal Law No. 44

The next most important source of law that determines how the state contract is concluded is Federal Law No. 44. The law in question came into force on January 1, 2014. Prior to this, state purchases were regulated by another source of law - Federal Law No. 94, adopted on July 21, 2005. The differences between the relevant laws are significant.

So, it can be noted that the new federal law uses the term "contract", as some lawyers note, as the main, as an alternative to the concept of "contract". The state contract in accordance with Federal Law No. 44 is defined as a contract that is concluded on behalf of the Russian Federation, a state or municipal entity to provide for certain needs. Actually, we have already considered this definition at the beginning of the article.

The new federal law, according to experts, was adopted with the aim:

• Increase transparency of transactions in public procurement;
• Reducing the level of corruption in the formation of legal relations between the state and its counterparties;
• Increase of efficiency, rationality of spending of state funds for various purchases.

The main advantage of Federal Law No. 44 is the creation of a legal environment within which legal relations between state structures and their counterparties are tentatively planned, and the execution of the state contract is fairly strictly controlled.

Let's consider the main innovations in the part of legislative regulation of state contracts on Federal Law No. 44 in more detail.

Conclusion of contracts on Federal Law No. 44: major innovations

Among the most noteworthy innovations under Federal Law No. 44 is the need to establish special services in state structures that ensure the legality of the conclusion of the agreements under consideration. The composition of these services should include competent experts in the field of public procurement, which are able to build the appropriate legal relationship with the counterparty by law, to promote a better understanding of their specifics on the part of partners. FZ No. 44 instructs state and municipal structures to establish the services in question if the price of the state contract is more than 100 million rubles.

The next innovation under Federal Law No. 44 is to establish an obligation for the authorities, which is to implement long-term procurement planning. FZ No. 94 prescribes the preparation of annual plans. The new law obliges the customer to formulate additional plans for 3 years.

As for the current procurement schedules, they must be published in the Unified Information System or EIS in accordance with Federal Law No. 44, and this is another innovation for the federal law under consideration. This infrastructure is primarily intended for organizing tenders. But through the EIS, you can also get acquainted with procurement plans, data on the implementation of existing contracts, price dynamics, offers from various market participants.

It can be noted that along with the EIS, there are a number of other information bases that are available to contract participants and other interested parties. In particular, there is an online register of government contracts - a key resource, which reflects data on the needs of government agencies, actual supplies to various regions of the Russian Federation, information on sources of financing tenders.

Another important innovation under Federal Law No. 44 is the stimulation of a reduction in the level of public procurement in the level of dumping. In accordance with the norms introduced by the source of law under consideration, a firm intending to conclude a state contract for the supply of goods, services or works, and offering a price 25% lower than that offered initially, must justify this discount in detail, as well as provide evidence that the quality Supplies will be at a sufficient level. In addition, the dumping company will have to provide the state contract maintenance in the amount, which is one and a half times higher than the one specified in the tender. Only in this case, this company will be able to participate in the tender for the conclusion of public procurement.

A supplier who has signed an agreement with the state and has fulfilled its obligations thereon, before drawing up an acceptance certificate, must carry out an examination for the conformity of the goods or services delivered to the terms of the contract, generate a report on the work performed, and also publish this document in the EIS. This requirement also applies to the most important innovations under Federal Law No. 44.

We will now study a number of practical nuances characterizing the conclusion of state contracts. In particular, it will be useful to consider in greater detail what are the specifics of signing the relevant agreements.

Signature of state contracts: nuances

Work on a government contract can be initiated by an economic entity through:

• Participation in tenders (we have already considered this mechanism above);
• Request special quotes as a method, alternative to the first scheme.

Involvement of both mechanisms implies observance by the participants of the considered legal relations of a number of terms established by the legislation. So, if the firm intends to participate in the auction, then it must connect to them after the protocols on prospective contracts are published on the auction site, but not earlier than 10 days after and not later than 20 days later. We have already mentioned this above.

The second mechanism, in turn, requires the request for quotations not earlier than 7 days after the placement of the quotes of the protocol on the website, as well as receiving estimates of applications for state contracts, but not later than 20 days after the date that is reflected in the protocol. In the period of the state contract determined by law, the economic entity has the right to appeal the results of participation in the tender. The agreement becomes valid only from the moment it is signed by the customer and the supplier.

As we noted above, in the cases provided by law, the contract can be canceled. Most often, the right to dissolve state contract from any of the parties arises if the counterparty shirked from performing his duties. The next nuance of interaction between government agencies and their counterparts, which we can more closely consider - the execution of the state contract.

Execution of the state contract: nuances

What can you pay attention to in part of the legal rules governing this aspect of legal relations involving the state and its counterparty?

The most important nuance in this case is that the terms under the contract must be fulfilled, unless otherwise caused by objective reasons, the essence of which the business entity can clarify. That is, if either side fails to fulfill its obligations, it will have to pay a penalty if it can not confirm that the defect is due to force majeure or other circumstances. The main thing is to prepare evidence that the obstacles to the performance of the contract conditions arose without the participation of the economic entity, and could not be eliminated at his will.

The next most important aspect of the legal relationship in question is the provision of a state contract. What are the main nuances?

Guarantees on state contracts

The main purpose of providing state contracts is to compensate for the costs of any of the parties to legal relations that arose due to the counterparty's failure to fulfill the terms of the contract. As a rule, such a scenario arises if, for whatever reason, it lacks the necessary funds to cover the expenses in the performance of the contract.

In addition, the supplier may use collateral to ensure that the other party does not consider the counterparty as evading compliance with the terms of the contract. In accordance with the law, it can be represented by different resources. The most demanded are bank guarantees. They are of two kinds.

First, these are bank guarantees, for which the supplier receives funds that enable him to execute a state contract. Secondly, there is a corresponding type of resource, which ensures that the firm returns the advance received, which, as a rule, is provided for by the state contract. The size of the state contract can be different. Its typical size is about 30% of the value of the state contract. In some cases, the parties to legal relations establish a significantly lower indicator - for example, 10%.

If the supplier under the contract successfully fulfills the conditions stipulated by the agreement, then the bank guarantee must be returned to the economic entity that provided it.

It can be noted that along with a source such as the register of state contracts, which we mentioned above, the RF legislation provides for the creation of another large-scale information base within the framework of legal relations involving state structures and their counterparties. We are talking about the register of bank guarantees. It is presented on-line resource, where you can find out information about what guarantees are established for certain government contracts. If one or another type of security is not reflected in the relevant registry, it is considered invalid. The customer has the right not to conclude an agreement with the executor until the information on the guarantee presented by him is included in the single register.