• For the winner of the auction, a 5-day period for signing the contract is set.

• That is, within 5 days after receiving the contract card (at the ETP), he is obliged to sign and send the contract or protocol of disagreements to the Customer.

• If the participant does not meet this time, he will be recognized as having evaded signing the contract and will be included in the register of unscrupulous suppliers. The contract in this case will be concluded with the participant who took the 2nd place.

• To ensure the performance of the contract, the Contractor must either transfer the amount of security to the Customer's account or provide a bank guarantee for the amount of the contract security.

• Mechanism: together with the contract, a scan of a bank guarantee is sent to the Customer (attached to the ETP).

• It is mandatory to have time to send the contract to the Customer at the allotted time.

• If you need to make changes to the contract, then it is best to do this by using the request method even before participating in the auction.

Instructions for signing a contract on the Sberbank-AST electronic platform

1. In the browser, open the main page of the ETP of CJSC Sberbank-AST, located at:www. sberbank- ast. en

3. Select the user certificate.

4. Select "Electronic platform for public procurement".

5. Click on the "Login" button.

6. In the Personal Account in the horizontal menu, select the tab "Contracts" - "Contracts of the customer"

7. To open the contract card, click on the "Information" icon

8. In the window that opens, the customer can view the "Events in chronological order", i.e. the date of formation of the contract card, and the deadlines for sending it to the participant. An event that must be completed within a specified time is highlighted in red.

In other words: "red inscription" in the figure means that the customer must, within30.03.2015 23:59 send the draft contract to the procurement participant.

9. To send the draft contract to the participant, the customer must click on the hyperlink "Send the draft contract to the participant" in the "Available actions" section

10. A new window "Draft contract" will open, in which the customer attaches a pre-filled contract in the format. doc, . docx(documentMicrosoftWord). The contract for filling is taken from the auction documentation posted on the websitepurchases. gov. enauthorized body along with a notice of procurement.

In addition, the customer needs to fill in the fields marked with an asterisk, namely: “Contract price” (indicated in the summarizing protocol), “Price type” (as a rule, the “Contract” price type is indicated, but in case of transition during the auction through 0 (t .e the price was reduced to 0 and the auction began to increase for the right to conclude a contract), then the customer must specify the price type "Right to conclude a contract")

After filling in all the fields, you must click on the button"Sign and send."

"Contract concluded" - the contract is signed by both parties, the only available action is "Cancel the contract"

“The protocol of disagreements has been processed. The card has been revoked” - The protocol of disagreements has been processed. Available In the "Available actions" section, in addition to "Forwarding the draft contract to the participant", other actions are available: "Process the protocol of disagreements", "Refusal to conclude the contract", "Cancel the contract". The list of the above available actions may vary depending on the “Contract Status”:

"draft contract" - the customer has not yet sent the contract to the participant. Available actions: “Sending the draft contract to the participant”, “Refusal to conclude the contract”.

"On the signature of the participant" - the customer sent the contract to the participant, but the participant has not yet signed. Available actions: "Process protocol of disagreements", "Refusal to conclude a contract".

"The contract is signed by the participant" - the participant signed the contract, but 10 days have not passed since the publication of the final protocol, therefore, there will be no available actions for the customer.

"On the signature of the customer » - the contract is signed by the participant, but not signed by the customer. Available actions: "Process protocol of disagreements", "Refusal to conclude a contract".

there will be no action on this card, but a new contract card with the status "Draft contract" will be generated automatically.

11. The winner of the electronic auction, with which the contract is concluded, in case of disagreement on the draft contract sent by the customer, can send a protocol of disagreements, which indicates what needs to be changed in the draft contract.

The customer, in turn, in the "Available actions" section must "Process the protocol of disagreements", writing down his agreement or disagreement with the participant's arguments, while attaching the necessary document.

In any case, the previous contract card, after processing the protocol of disagreements, will be withdrawn and a new contract card will be generated.

To send a new draft contract to the participant, the customer must perform the steps described in clauses 9 and 10 of this instruction.

12. The customer can also be the initiator of sending the protocol of disagreements to the participant. For example, there is no bank guarantee in the draft contract signed by the participant, or there is no bank guarantee in the register of bank guarantees on the official website purchases. gov. en. Also, if the customer detects any errors in the draft contract, typos, a protocol of disagreements can be processed at any stage of signing the contract.

13. If the status of the contract is "Contract signed by the participant" on the "Contracts-Customer's Contracts" page in the personal account by clicking on the "Information" icon, in "Events in chronological order" on the page that opens, "Submission of the signed contract to the customer on 04/05/2015”, signing the contract to the customer will be available only after 04/05/2015 within 3 working days.

After signing the contract on the electronic trading platform from both sides, the customerMUSTpublish information about it on the official websitepurchases. gov. en. within 3 working days.

For these purposes, state customers of the Samara region (who work through the automated information system of the state order of the Samara region PC WEB-bidding-COP) are required to generate information about the contract (about changing the contract), about the execution of the contract in the PCWEB-bidding-COP, according to the guide: http://www.webtorgi.samregion.ru/Show/Category/17?ItemId=342

The formation of information directly on the CAB by such customers entails their rejection and blocking. http://webtorgi.samregion.ru/site/Show/Content/456

Other customers have the right to use the functionality of generating information directly on the CAB.

In your personal account on the official websitepurchases. gov. en. the card of the signed contract is automatically integrated into the register of contracts from the platform on the “Preparation of information” tab. This card needs to be edited, as the information is not received in full.

Then the edited contract must be "Submit for publication"

In accordance with the information letter of the Ministry of Finance of Russia dated June 25, 2018 No. 24-06-08 / 43650 "On the entry into force of the Provisions of federal laws dated December 31, 2017 No. 504-FZ and No. 505-FZ", contracts based on the results of an electronic auction published until January 1, 2019, are concluded without the use of the EIS on the Electronic Platforms.

Contracts based on the results of an electronic auction published from January 1, 2019 are concluded using the UIS, in the manner prescribed by Article 83.2 of Law No. 44-FZ.

To create and submit a contract:

1. Enter the Personal Account using an electronic signature with the role of "Specialist with the right to send a draft contract";

2. Go to the "Purchases" section. To create a contract card:

Click on the notification "Submit contract";

Or open the notification for which you need to create a contract and in the section "Purchasing object”, hereinafter “Information about customers» in a column« Contract" click the button "Create a contract» .

3. To attach a contract draft file in the "Documents" section, click on the "Attach File" link and select the contract draft file on your computer;

5. After the formation of the contract card, click the "Submit contract" button. After sending the contract, the status will change to “Contract sent to the Participant for signature”.

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The contract is concluded on the terms specified in the notice and documentation of the auction at the price offered by the winner of the electronic auction. In case of concluding a state or municipal contract with another participant (if the auction winner evades concluding a state contract) - at the price offered by such participant.

Within the time limits established by law from the moment of publication on the website of the ETP of the protocol of summing up, it is necessary to place on the site a draft contract, which is drawn up by including the contract price proposed by the participant in the draft contract. The contract is attached to the electronic auction documentation. The draft contract is placed without the customer's signature.

After summarizing the results, in the "Auctions" section of the "Operations" column, the "Contracts" hyperlink will appear, clicking on which provides access to operations with contracts.

If the winner of the auction is a participant included in the TRP, in the "Information about the auction" block in the line: "the procurement participant recognized as the winner in the auction for this lot" the following hints will appear: . When you hover over the exclamation mark, a pop-up window will appear, which informs that the participant is included in the RNP. When you click on the "magnifying glass", you go to the EIS website in the RNP section containing information about the specified participant.

Click on the button "Upload new project" to attach a draft contract file, then click on the button "Overview", select the required document, then click "Upload File". A notification will appear that the file has been successfully uploaded. Next click the button "Publish Project".

A confirmation field for the publication of the draft contract will open. Click the "Sign" button. A dialog box with a list of ES certificates will open. Select the required certificate and click the OK button.

If the operation completes successfully, a notification will appear.

If the winner of the auction evaded the conclusion of the contract, the right to conclude the contract passes to the next participant. However, this participant may refuse. In this case, the auction will be moved to the archive.

After the publication of the draft contract, the participant of the electronic auction with whom the contract is concluded is automatically sent the current version of the draft contract.

The system notifies of the regulated deadlines for sending the draft contract. In case of disagreements on the draft contract, the procurement participant with whom the contract is concluded sends the protocol of these disagreements to the operator of the electronic site.

Upon signing the draft contract by the procurement participant, recognized as the winner of the electronic auction, as well as after attaching the contract enforcement document, the customer signs the draft contract with his ES by clicking on the button "Subscribe".

The contract and documents on the enforcement of the contract become available to the customer within the time limits established by law. To sign a contract, click on the button "Sign contract" in the block "Draft contracts signed by the customer".

If, under this procedure, you requested the provision of documents on enforcement of the contract and you have comments on these documents, use the button "Submit comments to secure the contract." You can use this functionality only during the period allotted to the participant for signing the draft contract.

If there is a need to make changes to the draft contract, click the button in the "Sending the contract for revision" block. You can use this functionality until the contract is signed by the customer.

When the button is activated "Send the draft contract for revision" Two types of finalization of the draft contract are available:

• "Publication of the amended draft contract"- the signatures of all documents placed in the contract card are canceled, a period is provided for the publication of the draft contract within 5 calendar days; if there is a protocol of disagreements - 3 working days. The term for publication of the protocol of disagreements is counted from the date of sending the draft contract for revision.

• "Re-signing by the project participant of the contract"- the signatures of all documents placed after the draft contract of the customer in the contract card of documents are canceled. The procurement participant is given a period to publish the draft contract within 5 calendar days; if there is a protocol of disagreements - 3 working days. The term for publication of the protocol of disagreements is counted from the date of sending the draft contract for revision.

After choosing one of the two ways to finalize the draft contract, indicate the reasons for the revision and attach a file describing the revision, then sign the ES form.

The contract is considered concluded from the moment it is signed by the ES of the authorized user of the customer. After that, the auction is archived within 24 hours.

The participant with whom the contract is concluded is recognized as having evaded the conclusion of the state contract, if such participant, within the time limits established by law from the moment of receipt of the draft contract from the operator, did not send to the operator a duly signed draft contract, and also in case of failure to provide the operator in the same terms properly signed document on securing the performance of the contract.

The stage of concluding a contract: possible errors of the supplier

The procedure for signing a contract with the winner is regulated by Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - Law 44-FZ).

What mistakes can a supplier (contractor, performer) make at the stage of concluding a contract?

Failure to comply with the terms of the conclusion of the state contract

Violation of the deadlines within which the state contract must be signed and transferred to the state or municipal customer with all related documents may cause the customer to refuse to sign the contract. Such a refusal will be legally justified and it is impossible to challenge it in the supervisory and judicial authorities. In addition, the winning company, which has violated the deadlines for signing a state contract, will be recognized as having evaded its conclusion and, with a high degree of probability, will be included in the Register of Unscrupulous Suppliers. Companies included in the Register of Unscrupulous Suppliers are deprived of the opportunity to participate in the public procurement system.

When should the contract be signed by the supplier and handed over to the customer?

The terms for signing the contract are established by the provisions of Law 44-FZ and depend on the method by which the contractor under the state contract was selected.

When choosing a performer through an open competition, as well as a competition with limited participation and a two-stage competition, the contract must be concluded no earlier than ten days and no later than twenty days from the date of placement in the unified information system of the protocol for consideration and evaluation of applications for participation . If a closed tender was held, then the term for concluding a contract is counted from the date of signing the protocol. In this case, the supplier is obliged to sign and transfer to the customer all copies of the contract within ten days. In addition, simultaneously with the signed contract, the winner of the tender must provide documents that confirm the execution of the contract performance security.

If, within the period provided for by Law 44-FZ, the customer has not received the state contract signed by the winner, the participant is considered to have evaded the conclusion of the contract. The customer has the right not to return to such a supplier the security of the application for participation in the tender, to apply to the court for reimbursement of costs associated with the participant's evasion from signing the contract that are not covered by the security of the application for participation in the tender, and to conclude a contract with the participant whose application, according to the results of the tender, was awarded second number (if available). The participant of the tender, whose application for participation in the tender is assigned the second number, has the right to sign the contract and transfer it to the customer within ten days or refuse to conclude the contract. If the tender participant, whose application was assigned the second number, does not provide the customer with a signed contract and contract performance security within the time period stipulated by Law 44-FZ, such participant will not be recognized as evading the conclusion of the contract. The competition will be declared invalid.

When conducting electronic auction the period in which the winner must sign the contract - five days from the date of placement by the customer of the draft contract in a single information system. During this period, the authorized person of the winner of the electronic auction is obliged to sign the state contract and place it in a single information system with the simultaneous placement of a document confirming the provision of the contract performance security.

If there are disagreements to the draft state contract, the winner of the electronic auction has the right to place a protocol of disagreements in the unified information system. The protocol of disagreements is an excellent tool that allows the supplier to resolve possible inaccuracies in the wording of the state contract at the stage of its approval and signing. The minutes must indicate comments on the draft contract related to the inconsistency of the conditions with the notice of the auction, documentation about it or the submitted application for participation. The protocol is signed with an enhanced electronic signature of a person authorized to act on behalf of the winner of the electronic auction. In accordance with Law 44-FZ, the protocol must be sent by the contractor no later than within thirteen days from the date of placement in the unified information system of the protocol for summing up the results of the electronic auction.

The customer is obliged to consider the protocol of disagreements within three working days from the date of its placement by the winner of the electronic auction in the unified information system. Based on the results of the consideration, the customer must either place in the unified information system the finalized draft contract or the draft contract without changes, but indicating in a separate document the reasons for the refusal to take into account the comments contained in the protocol of disagreements in full or in part.

When conducting closed auction the term for signing the contract is set in the closed auction documentation, but cannot be less than 10 days from the date of signing the protocol of the closed auction.

Violation by a participant of the terms for signing a contract based on the results of an electronic auction, or the terms for posting a protocol of disagreement, is a reason for recognizing such a participant as evading the conclusion of a contract.

When conducting request for quotations the winning bidder must provide signed copies of the state contract within the time period specified in the notice of the request for quotations. At the same time, in accordance with Law 44-FZ, such a contract must be concluded no earlier than 7 days from the date of placement of the protocol for the consideration and evaluation of applications for participation in the request for quotations, but no later than 20 days.

State contract during request for proposals must be concluded no earlier than 7 days from the date of placement of the final protocol and no later than 20 days from the date of its signing.

Terms of signing the contract for various methods of determining the supplier:

Errors when providing security for the execution of a state contract

Law N 44-FZ regulates the obligation to provide security for the performance of a contract concluded with a state or municipal customer. The parameters of the security that the participant who won the tender or auction must provide are contained in the notice of procurement, the invitation to take part in the tender to select a supplier, and procurement documentation.

Law No. 44-FZ provides for only two types of contract performance security, from which the procurement participant can independently choose the most convenient and acceptable option for him: the provision of a bank guarantee or the transfer of funds to the customer's account.

Both options have their advantages and disadvantages, so the contractor has the right to determine which method he is guaranteed to be able to provide the required security for the performance of the contract. Even before submitting an application for participation in a tender or auction for a government contract, an organization should make sure that it is possible to provide a performance security. The company must either have free cash that can be transferred as collateral to the customer's account, or be able to promptly agree with the bank on the issuance of a bank guarantee.

Untimely provision of security or its absence entails the recognition of the winning participant as having evaded the conclusion of the contract. The consequence of such evasion is the entry of the contractor into the Register of Unscrupulous Suppliers. The winning participant is given very little time to issue the security - confirmation of the provision of the security must be provided to the customer when transferring signed copies of the state or municipal contract.

Providing a bank guarantee as security for the execution of a state contract is the most common way, as it allows you not to use your own working capital, the shortage of which is typical for most companies. At the same time, the provision of a bank guarantee in form and content that does not satisfy the customer is one of the main reasons for the refusal of the state customer to conclude a contract with the winning participant.

Requirements for a bank guarantee are provided for in Article 45 of Law 44-FZ. The guarantee must be irrevocable and contain the following information:

• the amount payable by the guarantor to the customer in case of improper performance of obligations by the principal of obligations under the contract;
• the obligations of the principal, the proper fulfillment of which it ensures, as well as the validity period of the bank guarantee;
• the obligation of the guarantor to pay the customer a penalty in the amount of 0.1 percent of the amount of money payable for each day of delay in the transfer of funds;
• the condition under which the guarantor can be considered to have fulfilled its obligations under the bank guarantee from the date of actual receipt of funds to the customer's account;
• a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the principal's obligations arising from the contract upon its conclusion, in the event that a bank guarantee is provided as security for the performance of the contract;
• a list of documents that the customer will have to provide to the bank in case of claims under a bank guarantee. The list of such documents was approved by Decree of the Government of the Russian Federation of November 8, 2013 N 1005 and provides for the following documents:
• calculation of the amount included in the requirement for a bank guarantee;
• a payment order for the transfer of an advance to the principal with a mark of execution;
• a document on the occurrence of a warranty event (if the claim is made during the warranty period);
• a document confirming the powers of the executive body that signed the demand for a bank guarantee. It is not allowed to indicate the documents for the provision of which the customer will have to apply to the judicial authorities;
• the guarantee must be issued by a bank that is included in the list of credit institutions formed by the Ministry of Finance;
• information about the guarantee must be contained in the unified register of bank guarantees, which is formed by the Federal Treasury on the basis of information provided by the banks that issued such guarantees. Such a list is freely available (on the website www.zakupki.gov.ru) and even before the transfer of the original bank guarantee to the customer, the contractor himself can find out about the presence of a guarantee in this list.

A guarantee issued in violation of the requirements of Law 44-FZ may be a valid reason for the customer to refuse to conclude a contract with the winning company.

When using a method providing for the transfer of funds to the customer’s account as security for the performance of the contract, it must be taken into account that the date from which the obligation to provide security is considered fulfilled is the date the funds are credited to the customer’s bank account. For settlements under government contracts, it is better to use accounts in reliable banks that do not allow delays in the transfer of payments, since the lack of receipt of funds to the customer's account on time is the reason for recognizing the participant as having evaded the conclusion of a state or municipal contract.

Signing a government contract without carefully reading all the essential points

The signing of any contract is the acceptance of all obligations stipulated by this document. And the government contract is no exception. Inattentive and negligent acquaintance with the draft state contract may lead to a situation in which the fulfillment of its conditions becomes problematic or even impossible for the winning participant.

What conditions of the state contract should be paid special attention to?

First of all, it is necessary to make sure that the price of the contract corresponds to the cost of works or services agreed with the state customer during the tender or auction. The estimate for the execution of works must correspond to the total agreed cost. It is not necessary that the customer seeks to reduce the cost by setting a price lower than previously agreed. Errors in the price can be unintentional and due to the carelessness of the customer's employees, however, their presence can become a serious problem in the execution of the state contract. corresponding payment.

Secondly, it is necessary to familiarize yourself in detail with the procedure for payment under a state contract. Of great importance are the clauses of the contract, reflecting the following conditions:

• the amount and timing of the advance payment;
• term of intermediate and final payments under the contract;
• the procedure for accepting work by the customer;
• deadlines for signing acts on the work performed;
• the term for the transfer of funds after the signing of the act on the work performed.

A careful study of all sections of the contract devoted to the procedure for payment under it will eliminate any uncertainty associated with settlements with the customer.

You should not agree to the wording in the contract that provides for the linking of payment not to the fact of work performed and the signing of the act, but to circumstances that the contractor cannot influence. For example, if payment must be made within a certain period if there are funds in the budget of the customer organization. This approach does not guarantee the contractor the receipt of funds in the expected period and provides the customer with the opportunity to postpone payment for any period convenient for him.

Often the customer unreasonably inflates the amount of fines and penalties provided for violation by the contractor of his obligations under the contract. It is important that the amount of fines and penalties that can be presented to the contractor in case of violation of the terms of the state or municipal contract is commensurate with the fines and penalties that can be charged to the customer if violations are committed on his part. The rules for determining the amount of fines and penalties in case of improper performance by the customer or supplier of their obligations under the state contract are regulated by Government Decree No. 1063 dated November 25, 2013 (hereinafter referred to as RF PP 1063).

In accordance with RF PP 1063, the following fines are established for the improper performance of obligations by the supplier:

• if the contract price is less than 3 million rubles - 10% of the contract price;
• if the contract price is from 3 million rubles to 50 million rubles - 5% of the contract price;
• if the contract price is from 50 million rubles to 100 million rubles - 1% of the contract price;
• if the contract price exceeds 100 million rubles - 0.5% of the contract price.

The amount of fines for improper performance of its obligations by the customer is as follows:

• if the contract price is less than 3 million rubles - 2.5% of the contract price;
• if the contract price is from 3 million rubles to 50 million rubles - 2% of the contract price;
• if the contract price is more than 50 million rubles - 1.5% of the contract price;
• if the contract price is more than 100 million rubles - 0.5% of the contract price.

In addition, RF PP 1063 establishes the amount of a penalty for a possible delay in the performance by the contractor of his obligations. The penalty is accrued for each day of delay in fulfilling the obligation by the supplier and is set in the amount of at least one three hundredth of the Central Bank refinancing rate effective on the date of payment of the penalty from the contract price, reduced by an amount proportional to the volume of obligations stipulated by the contract and actually performed by the supplier. The formulas for calculating the penalty are contained in RF PP 1063.

An essential condition is also the term for the performance of work or the provision of services under a state or municipal contract. An incorrect indication of the deadline for the implementation of intermediate stages of work under the state contract or the final deadline for the completion of all work may lead to the impossibility of performing work under the contract and to justified claims from the customer.

In addition, the terms of the state contract must fully comply with all technical documentation that was provided by the customer during the competition (auction). Any deviations in the technical characteristics of the goods, works or services planned for delivery must be analyzed by the contractor for the possibility of their implementation.

A careful study of the draft contract will avoid the occurrence of controversial and ambiguous situations, claims from the customer, delays in signing acts of work performed, as well as untimely payment under the contract.

So, for the successful implementation of the state contract and further participation in the system of state or municipal procurement, it is necessary at the stage of signing the contract to pay attention to possible mistakes that the contractor under the state contract can make:

• The deadline for signing the state contract is one of the most important steps towards its successful implementation. Signing and providing copies of the contract to the state customer within a period exceeding that regulated by law will necessarily entail negative consequences associated with the recognition of the participant as having evaded the conclusion of the contract;
• It is worth taking care of providing security for the execution of a state contract at the stage of application. Otherwise, the timely registration of such security may become an impossible task for the winning participant. It takes time to issue a bank guarantee, the transfer of funds to the customer's account as a security for performance will also require some effort. The consequence of the lack of enforcement of the state contract or its provision in an inappropriate form is also the recognition of the winning performer as having evaded the conclusion of the contract;
• Attentiveness when getting acquainted with the draft state or municipal contract is the key to success in its effective execution. It is necessary to pay special attention to the points on the cost of works and services, the procedure for settlements and the terms of payments for the work performed, as well as the amounts of fines and penalties provided for violation of the terms of the contract. All terms of the state contract must comply with the tender documentation: both technical and financial. The period in which the contractor is obliged to complete the fulfillment of his obligations under the contract is also one of the main points. Pedantry in studying the draft state contract, minimizing all possible inaccuracies, reservations, ambiguous points is a guarantee of stability and success in fulfilling all obligations under a state or municipal contract.