The procurement procedure should be carried out using special tenders held on electronic platforms. For this, the provisions of Federal Law No. 44 are taken into account. The final stage of procurement is the preparation of a special report on the execution of the contract. In this document, the organization that won the tender is required to report on the actions taken. If the document is not prepared and published on the public procurement website in a timely manner, then the company will be held accountable.
Document concept
A report on the execution of the contract is presented by a special document drawn up by the customer after the completion of the procurement procedure. To do this, just enter the necessary information in a special form, located in the personal account of the EIS.
The process of drafting a document is usually carried out by the direct contract manager, but this obligation can also be transferred to a contract service specialist. If the process is not implemented on time, the company will have to pay a large amount of money in the form of a fine.
When is it made up?
A report on the execution of the state contract is necessarily generated in the following situations:
- the supplier fulfilled its obligations on the basis of this agreement, therefore, in a timely manner delivered the goods to the buyer with the simultaneous preparation of the act of acceptance and transfer, and also received payment from the buyer;
- only a few stages of the delivery of goods were completed, but the customer transferred the entire amount in the form of payment;
- the contract was terminated unilaterally or as a result of drawing up an agreement of the parties;
- the supplier has been liquidated, for which there must be evidence provided by the extract from the register.
If the supplier has not completed the documentation on time, then he may lose his right to participate in the tender in the future.
When not required?
A report on the execution of a contract under Federal Law No. 44 may not be compiled in the following situations:
- procurement is carried out only from a single supplier, and the amount under the agreement does not exceed 100 thousand rubles .;
- purchases are made that were not previously included in the register;
- on the basis of the contract, non-residential premises are repaired;
- at the auction, an agreement was drawn up, according to which statistical information is collected by individuals;
- under the agreement, libraries get access to different information databases;
- procurement of goods for enterprises that are operational-search.
Under the above conditions, this report is not required.
Document form
The preparation of a report on the execution of a contract is not considered a complex process, but it must be carried out within strictly established deadlines, and also using the correct form. This form is located directly in the EIS system, so it is simply impossible to confuse it.
All bidders with whom the contract was drawn up must fill out the form. These include private companies, government agencies, corporations, or even municipal and state institutions. The official form contains 5 sections that have their original purpose:
- the first section includes information about the direct contract;
- the second section provides information on the supplier and contractor;
- the third size is intended to include data on the execution of the drawn up agreement;
- if the contract was not properly executed, then this is indicated in section 4;
- if the agreement has been terminated or amended, then this is prescribed in the last section.
It is necessary to fill out the form when executing the contract, as well as when making any changes to it. Additionally, a report on the execution of the contract is implemented upon termination of the agreement.
How is the procedure performed?
The process of filling out the report should be carried out by the official representative of the supplier. For this, the organization selects a responsible person who is vested with the necessary authority on the basis of an official order from the management. Previously, they study the official and current instructions. A report on the execution of the contract is filled out taking into account the following rules:
- To start the process, you need to go to the official site of the EIS system. This site contains data on all purchases, and also provides a schedule for the execution of various contracts.
- You need to fill out the report directly in this system, and some information is automatically included in the form, therefore, information is entered only in empty columns.
- To fill out the first section, you need to use the information from the registry of contracts.
- When entering data into the second section, it is important to include only official information about the supplier and the contractor, for which their TIN, PPC and other important details are indicated. It is not required to write down the bank details of the supplier.
- To fill out the 3 sections, you need to use the information that is available directly in the contract. The fourth line of this section contains data from the specification, which must be attached to any contract. The fifth column shall indicate the data contained in the supporting documents. If there are any explanations or additions, they are indicated in column 6.
- The fourth section should be completed solely on the condition that the contract was not executed or there are any inconsistencies and deviations.
- The fifth section is completed if the contract is terminated or significant adjustments are made to it.
If the contract has not been executed or its performance is improper, then information about what penalty is paid to the injured party is mandatory. Sometimes the initiator of the contract termination is the customer, who must pay the contractor a forfeit. An example of a contract performance report can be found below.
What applications are needed?
Other documents should be attached to the correctly prepared report, which confirm the information entered in the form on the EIS website. The documents for the report on the execution of the contract may be different, since they depend on the specifics of the work performed. The following documentation is required by default:
- the acceptance certificate, which is signed by the contractor and the customer, and also confirms that all the required actions were performed efficiently and on time;
- conclusion made by experts after the examination, if this is a significant event for a particular contract.
When compiling the report, the execution of the contract is additionally taken into account. It is returned to the contractor if he copes well with his duties. If he does not perform the prescribed actions, then he loses the previously transferred amount of funds. Therefore, ensuring the execution of the contract is a guarantee that the contractor will strive for the perfect implementation of the tasks.
Rules for the acceptance of results and examination
The acceptance certificate is usually drawn up by the acceptance committee, which is created by the customer. It is the specialists included in this commission who evaluate the results of work with a specific contractor. The commission should include at least 5 people who must be specialists in a specific field of activity.They must sign the acceptance certificate, and only after that the document is approved by the head of the company.
Based on Art. 94 of the Federal Law No. 44, the results of the examination are attached to the report on the execution of the contract. Verification is carried out in relation to the results of the contractor. To do this, an assessment is made of the quality and compliance of various goods or services with the procurement requirements. For the audit, the services of expert enterprises or independent specialists can be used. The selected expert draws up a report attached to the report.
When is it placed?
The contractor must know exactly when it is necessary to publish a report on the execution of the contract in the UIS. Dates are determined at the legislative level, therefore, their violation leads to the prosecution of the performer. The form must be completed within 7 days from the onset of the following events:
- payment by the customer for goods, services or work;
- payment is made at a specific stage of the implementation of the tasks or after signing the interim acceptance certificate;
- a peace agreement between two parties comes into force, on the basis of which a previously signed contract is terminated;
- the customer or contractor unilaterally decides to terminate the cooperation and terminate the agreement;
- a court decision regarding the need to terminate the contract for valid reasons comes into effect.
A 7-day countdown starts from the moment of the occurrence of any of the above events. After the last action is performed by the contractor, the contract will be considered completed.
Often, an acceptance certificate is first signed, and only after that the customer pays for the goods or work. In this case, the term for the execution of the contract is represented by the date on which the payment order was received. To accept the results of the execution of the contract it is important to conduct an examination. It can be carried out independently or by an independent expert. After that, a report on the execution of the contract under the Federal Law No. 44 is placed in the UIS.
Posting Rules
It is important not only to correctly fill out the specialized form, but also to place it in the UIS. The procedure is performed by the contract manager or a specialist of the corresponding service. If the report is not posted in the EIS system, then the violator is responsible for this.
The process of posting the report is carried out on the website of the EIS. To do this, the following actions are performed:
- First you need to go to your personal account;
- a tab called “Reports” is selected;
- Next, you need to find the appropriate type of report;
- the submitted form is filled out;
- documentation confirming the information entered is attached to the report;
- validation of the entered information is carried out;
- a report is signed using EDS, after which it is posted on the service.
After the implemented actions, the compiled report becomes available for study to any person, representatives of companies or state regulatory authorities. If the document contains information that is a state secret, then the report must be signed, but it is not posted in the system. It can only be studied by representatives of regulatory authorities.
Responsibility for Violations
If the contract service does not post the report to the UIS in a timely manner, then company employees are held accountable under Art. 7.3 CAO. Officials pay a fine of up to 15 thousand rubles. Legal entities for violation of deadlines pay a fine of up to 50 thousand rubles.
If the report is not executed at all, then the punishment is more severe. Officials pay 50 thousand rubles. in the form of a fine, and the legal entity is transferred to the state budget up to 500 thousand rubles. It is impossible to reduce such a sanction even in court.
Conclusion
After the execution of the contract, a special report is compiled. To do this, use the specialized form available on the EIS website.The procedure should be performed in the correct sequence of actions.
If the company violates the terms of the report or refuses to fulfill the contract, then it will have to pay heavy fines.
