Developed new standard conditions for contracts
Prepared standard conditions for contracts, which prescribed the condition for payment of obligations of the counterparty. The draft order was developed and submitted for public discussion by the Ministry of Finance.
Standard conditions will be included in the contract both in competitive procurement and in the case of procurement from the supplier. Restrictions on the cost of the authors of the project did not provide – the documents will apply at any size of the NMC or contract price. The provisions will be included in the contract, which contains a condition for payment of obligations of the counterparty within the amount to pay for the delivered products, works and services. The purchase object does not matter. Standard conditions contain obligations of the customer, supplier and subcontractor, co-executor.
Obligations of the customer
In the contract, the parties include the condition that the customer is obliged:
to register a contract ID in the payment, settlement documents, the contract and the documents that confirm monetary obligation. Exception: the contract contains information about the state secret;
prescribe a list of cases where funds can not be transferred;
include the obligation of the counterparty to submit to territorial bodies of Treasury the documents provided by the order of authorization of target means;
determine the order in which the expenditures of the target funds will be consistent with the purposes for which they are provided;
prescribe other conditions that meet the requirements of the budget legislation and are prescribed in regulatory legal acts;
prescribe the duties of the supplier.
Obligations of the counterparty
The contract parties include the condition that the contractor is obliged to:
observe the prohibition to transfer funds in certain cases;
to open a checking account for operations not parties in the budget process in the territorial authority of the Treasury for payments under the contract;
provide to Treasury the documents provided by the order of authorization of target means;
include contract ID in contracts, payment documents, documents-grounds. Exception: the contract contains information about the state secret;
comply with the target expenditure of funds, other conditions that meet the requirements of the budget legislation and are prescribed in legal acts.
The duties of the subcontractor
The contracts will prescribe requirements for subcontracts. Contractors will be obliged to include in the contract conditions that the subcontractor, the co-contractor must:
observe the prohibition to transfer funds in certain cases;
to open a checking account for operations not parties in the budget process in the territorial authority of the Treasury for payments under the contract;
provide to Treasury the documents provided by the order of authorization of target means;
to include in the contracts, payment documents, documents-the base identifier of the contract. Exception: the contract contains information about the state secret;
comply with the target expenditure of funds, other conditions that meet the requirements of the budget legislation and are prescribed in legal acts.
Document: Draft order of the Ministry of Finance of 17.12.2018