State contract - an agreement concluded on behalf of the Russian Federation to meet municipal and state needs. The contract is concluded on the basis of summing up the results of a tender, request for quotations or an electronic auction. According to the law, upon execution, the concluded contract is not subject to change unilaterally or by agreement of the parties. In order to fulfill the contract, it is necessary to take into account the main exceptions for which it is possible to change it.
Instructions
Step 1
The contract provides for the presence of two parties: the state customer and the contractor (contractor, supplier). It must be completed on time. Otherwise, the customer may demand to pay a forfeit (penalty, fine), which is charged for each day of delay in the fulfillment of the undertaken obligation. The supplier may be exempted from payment of the penalty if he proves that the delay in the performance of the obligation was due to the fault of the customer or due to force majeure.
Step 2
The contract includes mandatory conditions on the procedure for the customer to carry out the acceptance of the work performed or the goods supplied. In order to check the conformity of the quality of the work performed or the goods supplied, the customer has the right to involve independent specialists and experts.
Step 3
During the execution of the contract, it is not allowed to change the executor (contractor, supplier). An exception is cases when the new performer is the legal successor of the performer under such an agreement. This is possible due to the reorganization of a legal entity in the form of a merger, transformation or acquisition.
Step 4
By agreement between the contractor and the customer, during the execution of the contract, it is possible to supply goods, functional and technical characteristics, the consumer properties and quality of which are improved in comparison with the characteristics of the goods prescribed in the contract.
Step 5
The price of the state contract can be changed if, when performing work 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 execution of the contract without changing the price is impossible due to the increase in the cost of work.
