Tip 1: How to execute a state contract
Tip 1: How to execute a state contract
State contract is a contract concludedon behalf of the Russian Federation to ensure municipal and state needs. The contract is concluded on the basis of summing up the tender results, requesting quotations or auction in electronic form. According to the law, when executed, the concluded contract is not subject to change unilaterally or by agreement of the parties. To fulfill a contract, you must consider the main exceptions, under which it is possible to change it.
Instructions
1
The agreement provides for the existence of two parties: state customer and contractor, contractor, supplier. It must be executed on time. Otherwise, the customer may request to pay a penalty (penalty, penalty), which is charged for each day of delay in the performance of the obligation assumed. The supplier may be exempted from payment of a penalty if it proves that the delay in performance of the obligation was due to the fault of the customer or due to force majeure.
2
The contract includes mandatory conditions forthe order of carrying out by the customer of acceptance of the executed works or the delivered goods. In order to verify the compliance of the quality of the work performed or the delivered goods, the customer has the right to attract independent experts and experts.
3
During the performance of the contract is not allowedchange of the contractor, supplier. Exception - cases, if the new executor is the legal successor of the executor under such contract. This is possible due to the reorganization of a legal entity in the form of a merger, transformation or affiliation.
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As agreed by the contractor with the customer atfulfillment of the contract, the delivery of goods, functional and technical characteristics, consumer properties and quality of which are improved in comparison with the characteristics of the goods prescribed in the contract.
5
The price of a government contract can bechanged if in the performance of works for federal needs it is ten billion rubles or more. In this case, the contract must be concluded for at least three years, and the performance of the contract without price changes is impossible due to the increase in the cost of work.
Tip 2: How to terminate a public contract
The legislation of the Russian Federation provides for the dissolution of the state contract only by a court decision or agreement of the parties. However, the supplier has the right to demand its early termination, only if it is indicated in the contract itself.
Instructions
1
If you are a representative of a state or municipal institution, you are entitled to demand early termination contract on condition:- failure to fulfill or improper fulfillment by the supplier (contractor, executor) of obligations, - violation of the deadlines for the fulfillment by the supplier (contractor, executor) of obligations, - unreasonable overstating of the prices by the supplier (contractor, executor) not provided for by the current contract.
2
Send a proposal for termination to the supplier contract, signed by the head of state organization. Specify the deadline for receiving a response (if there is no indication of this, a period of 30 days is provided for by law).
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If you have obtained consent, draw up a termination agreement contract in the same form as the contract concluded before. Describe all termination conditions contract, the amount and amount of penalties for damages to both parties. The reasons for the termination of the agreement in the agreement, you can not specify, unless otherwise provided by its terms.
4
If during this time you do not receive a response from the supplier or receive a refusal, contact the arbitration court. The court will be considered as a possibility of termination contract, and the circumstances that led to the failure of its terms on the part of the supplier.
5
If you are a supplier for which a state or municipal institution has not fulfilled its obligations, you can also send a proposal for cancellation contract, and then - to conclude an agreement. However, if there is no such item in the contract or if you have not received a response, contact the court with a claim for damages. To do this, prepare all documents confirming the actual performance of works, their cost and volume, and most importantly - the acts signed by the respondent (the representative of the state institution) on their admission.
Tip 3: How to lead an auction
From time to time to find an organization thatwill perform a state or municipal contract conducted by the auction. The winner is the company that offered the lowest price. Currently, there are convenient services that allow you to conduct open auctions through the Internet.
Instructions
1
Create a competitive commission and give the order forholding an auction. You need to do this before the announcement of the auction is placed. The commission should include at least 5 people. Begin developing the notice, bidding documents and determine the initial bidding price. Specify in the announcement the brief characteristics of the exhibited goods or services.
2
Place the publication about the beginning of the openauction, as well as competitive documentation. It should be noted that changes in the bidding documents can be made no later than 20 days before the end of the submission of applications, with all changes to be announced and published. You can cancel the contest 15 days before the deadline for applications.
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Open envelopes with applications. Do this in one day, noting all the data in the protocol. Do not forget that the customer must keep the audio recording of the autopsy procedure for three years.
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Consider all bids for the auction, make sure thatthe information indicated therein is reliable. This should take no more than 10 days. Compare the proposals, select the winner and publish the protocol of the comparison of applications and their estimates.
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Give the winner a contract and one copyprotocol. This takes 3 days. In the event that the auction winner refuses to conclude a contract or pay for the goods, the auction organizers have the right to force him to perform their duties in a judicial procedure. Also, an agreement may be signed with the second best bidder. A price adjustment is allowed, but it should not exceed 5 percent of the declared price and only cover works and services.
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Auction is recognized as failed if on itonly one application was received. In this case, the organizers have the right to conclude a contract with a single participant, if its application meets the requirements and conditions of the auction, and the proposed price does not exceed the initial price.
Tip 4: What documents are needed to conclude an employment contract
The Labor Code of the Russian Federation gives an exhaustive listnecessary documents for the registration of labor relations. Properly designed labor relations are the guarantee of the employer in relation to the employee. Only if the requirements of the law are met, the employee can rely on social guarantees of the state.
Instructions
1
An employment contract is a written agreementbetween the employee and the employer, according to which the employee undertakes to perform certain functions at the employer's enterprise, and the employer undertakes to pay monetary compensation for the performance of these functions. In short, this document establishes a legal relationship between the parties to the employment relationship. The contract may be concluded for an indefinite period, for a certain period, but not more than five years, or for the period of performance of certain works. By the nature of the employment relationship, the contract can consist of: on the main place of work, part-time, for seasonal work, temporary work, a contract on public service.
2
The employer at registration of labor relations, inparticularly when concluding an employment contract, is entitled to demand from the employee documents specified in Article 65 of the Labor Code of the Russian Federation. Such documents include: a document certifying the identity of a citizen (passport or other document replacing him); work record book; certificate of state pension insurance; documents required for military registration, as a rule, they are presented by the persons liable for military service, for example medical workers or persons subject to conscription for military service; the document on education, if labor obligations, are related to the availability of necessary knowledge.
3
When concluding an employment contract, there may beRequested additional documents, which are provided for by the Labor Code of the Russian Federation or other legislative documents. If the employment contract is concluded by the person for the first time, then the work book and the certificate of state pension insurance are registered by the employer independently. If the person entering the work has lost his work record book, then upon the application of the employee, the organization can issue a new work book. It is not right to require a work book from a person who comes to work on condition of part-time work.
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In practice, the employer may requireto provide a certificate of assignment of the taxpayer identification number (TIN certificate), documents confirming the additional education received, certificates of the training sessions, the completion of additional or special courses, diplomas on awards, works performed, recommendations and references from previous jobs, 2 Personal Income Tax.
Tip 5: How to amend the municipal contract
Consider state and municipal contractsidentical in content in the root is incorrect. In the first case, the subject of the contract is a state institution, and in the second - a municipal body of local self-government.
Instructions
1
As it becomes clear from the very title of the contract,the customer is the municipality. The legislation of the Russian Federation provides for the right of the local administration to meet the needs necessary for the normal functioning of the authority, at the expense of the local budget. Simultaneously, the budget serves as a "stop" for spending administration - it is forbidden to spend more money for the needs of the municipality than its size allows. The contract with the supplier is concluded in writing, on behalf of the specific municipal formation of the Russian Federation. It can be concluded in the name of another organization, which by law is eligible for funding from the local budget.
2
The contract of supply or contract is sowho will win a special competition. After its conclusion, not all the terms of the contract are subject to change. For example, the price is an essential participation and the change is in no way subject. The only possible option for changing the price of a contract may be a change in the value of those goods, the production and sale of which are under the complete control of the state. However, with the additional order of the same goods, the supplier has the right to change their value, but upon prior agreement with the customer.
3
It is strictly forbidden to change the sizepenalties, penalties and penalties provided for by the municipal agreement initially - they can not be changed either unilaterally or by mutual consent of the parties. If the configuration, equipment or other technical characteristics under the influence of time have been changed or supplemented, the customer has the right to refuse to accept them or to require their additional verification for quality and compatibility. He is not obliged to accept goods in a smaller / larger volume than stated in the contract.
4
Specific instructions refer to contracts concluded in the absence of any future supplier of any competitors - their terms are completely not subject to any change.
