A state contract is an opportunity to conclude an agreement between a company and the state on the sale of certain services or goods intended for the needs of the authorities.
The state acts as the main customer in the framework of such an agreement, and the contractor is an individual, an individual entrepreneur, or some organization.
Features of the procedure
Government contracts, under 44 Federal Laws, have a certain structure, can be associated with state organizations and with individual companies. In some cases, it is allowed to conclude a similar agreement with foreign entities, for example, if the state does not have the opportunity to find the necessary goods within the country. The state contract is a way to carry out certain actions. For example, the construction of buildings, the sale of food - all these actions within the framework of the agreement take place on absolutely legal grounds.
Transaction Stages
A state contract is a certain sequence of actions that involves several stages, each of which has a certain duration. Let us analyze the specifics of each of them in order to understand the principle of concluding such a transaction.
At the first stage, legal relations between the counterparty and the state are executed. It is at this stage that he directly compiles the future project. Its development is carried out by the authority, which acts as the main customer. Representatives of government agencies send the finished version of the project to the supplier of goods or services. In the event that the second party is fully satisfied with the terms of the contract, a state contract is concluded. The signing of the agreement is carried out up to 30 days, then a copy of the contract agreement is transferred to the state body, whose task will include the development of the draft agreement.
In some situations, the execution of government contracts is possible only on the basis of the results of the auction. In this case, first the order is placed on the official website of government agencies, then a competition is held. The winner receives the right to sign the corresponding agreement with representatives of power structures.
Transaction Limitations
There are certain restrictions on such transactions. The contract can be concluded only ten days after the signing of the minutes of the auction, but no later than 20 days after the procedure. In the event that the supplier does not sign the corresponding contract within the time period established by law, the right to enter into an agreement with government representatives is transferred to another business entity.
A state contract is a way for a private supplier to declare itself, its activity at the state level. The winner is the company that offers the most favorable terms of the transaction as part of the bidding process. A company that refuses to conclude a state contract is entered into a special register of unreliable counterparties. In this case, the company is deprived of the right to participate in government orders and tenders for three years.
Conditions for concluding a state contract
There is a separation of conditions related to the conclusion of a transaction between a service or goods provider and government representatives into several types:
- Mandatory
- significant;
- others.
The first group includes those conditions that are associated with the term, cost, subject, payment procedure. If the counterparty carries out its activities under the simplified tax system, in this case the contract does not include VAT. Otherwise, the amount of value added tax is indicated as part of the value of the contract.
Among the mandatory conditions of the contract are: the place of work, the procedure for the acceptance of goods, the responsibility of the parties. For example, the treasury support of state contracts is stipulated. In the event that the counterparty violates the terms of the transaction, it will be forced to pay a penalty to the state, which is calculated in full accordance with the Central Bank refinancing rate, valid for that time period.
The treasury support of state contracts in 2017 made it possible to strengthen control over such transactions and prevent the spending of state money.
If one of the parties to the contract succeeds in proving that the reason for the failure to fulfill the conditions specified in the contract was due to objective reasons, some force majeure circumstances, in this case the party to the contract will not pay the penalty.
Other terms of the transaction
Other conditions are considered the provision of the contract. It is understood as a financial guarantee that a service provider performs goods or goods under a concluded state contract. How is the escort done? The state contract involves the participation of a third party, whose task is to verify compliance with the terms of the transaction by both parties. Basically, it is the Treasury, which is the guarantor of the financial side of the agreement, that acts as such an outside observer.
If the counterparty of the authority does not manage to solve the tasks set in the contract, in this case the customer has the opportunity to recover losses incurred due to a similar situation.
Types of security for government contracts
The main types are insurance, collateral, surety, as well as bank guarantees. If we consider the amount of security within the boundaries of the state contract, then it should not be more than thirty percent of the cost of the provided services, delivered goods, which is necessarily recorded in the notice of the start of bidding.
Ways to change the terms of the transaction
Even if a state contract is agreed between the counterparty and the state, there is the possibility of their change in subsequent joint activities. For example, the place of implementation of established legal relations may be changed, the terms of the transaction may be adjusted.
At the same time, questions regarding the value of the contract remain unchanged. Only with significant inflation is the question of early termination of the contract considered, as well as a change in the conditions for its implementation. An important condition for changing the terms of such an agreement is the acceptance of the new terms of the transaction by the second partner.
Reasons for terminating the contract
There are certain conditions under which it is possible to terminate the concluded state contract. For example, this is allowed when both parties have decided to terminate the relationship. In addition, the transaction is completed if the contract was canceled by a court decision.
In this case, one of the parties to the contract acts as the initiator of the termination of the contract. For example, if the counterparty did not fulfill the obligations that were stated by him in the contract, within the prescribed time, or did not fulfill them in full, in this case the second party (customer) has the right to annul the transaction in a judicial proceeding.
Conclusion
Municipal and state contracts are tools to document the legal relationship between companies and the state.In Russian legislation, there are a number of articles that govern the process of concluding a transaction between private companies and state bodies, and also indicates liability for violations of the terms of the contract.
Increasingly, violations are revealed in the order of concluding state contracts, numerous financial frauds are revealed. In order to fight against unscrupulous contractors, as well as to prevent corruption by government officials, our country has significantly tightened its liability for violations of state contracts.