Standard conditions of contracts for software development have been prepared: project

17 October 2018, Wednesday

In accordance with part 11 of article 34 of the Federal law of April 5, 2013 № 44-FZ "on the contract system in the procurement of goods, works and services for state and municipal needs" and paragraph 2 of the Rules for the development of standard conditions of contracts submitted a draft departmental order.

In particular, in accordance with the document it is expected to approve:

standard conditions of contracts for works on creation (development) of computer programs and software documentation for them;

information map of the standard contract, standard conditions of contracts.

The model conditions consist of a fixed part that is not subject to change in a particular procurement and a variable part that provides for the choice of conditions when they are applied in the procurement.

A constant part of the model included terms including the terms and conditions of the contractor's obligations and the conditions of his rights. Thus, it is proposed to provide in the contract:

the obligation of the contractor to notify the customer about each result of intellectual activity received during the performance of the contract;

guarantees of the contractor that the use of the results of the work by the customer will not violate the rights and legitimate interests of third parties;

the right of the contractor in agreement with the customer to perform work, technical and functional characteristics (consumer properties) which are improved in comparison with the quality and relevant technical and functional characteristics specified in the contract;

the duty of the contractor to inform the customer about the progress of work, including the difficulties encountered in the performance of the contract, as well as by the deadline to provide the customer with the results of the work;

the right of the contractor to engage subcontractors to carry out works.

Document: draft departmental order " on approval of standard conditions of contracts for the execution of works on the creation (development) of programs for electronic computers and software documentation for them"

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