Other ways of specification
Posted: Sat Jan 18, 2025 5:51 am
There are other methods of disclosing the terms of a transaction. For example, specification by assigning the obligation to accept the other party's application is quite common if the terms specified in it are within the limits specified by the contract.
This option implies the conclusion of a specific agreement with the right of the applicant, who forms the order, to demand the signing of an additional contract on his own terms.
This scheme may seem confusing and ambiguous. After all, it is much more convenient to specify the conditions directly by forming unilateral orders without the formal need for acceptance by the other party. Nevertheless, sometimes you can encounter this form of relationship.
Methods of specifying the terms of a framework agreement
Source: shutterstock.com
There is another model, which is often job seekers data package called a framework model. The essence: the counterparty undertakes to perform a predetermined minimum volume of any actions: production (delivery) of batches of goods, performance of work, etc.
If the customer submits requests for such operations less than the established limit, he will be held liable.
Of course, there are reasonable doubts whether such an agreement can be considered a framework agreement. By all indications, this is an ordinary standard agreement, because there is no replenishment of any missing conditions as such.
On the other hand, if a framework agreement allows for the performance of actions within a specified scope for a certain period, then all relationships outside these limits are built through the specification of agreements or through unilateral applications. Moreover, the selected option should be immediately recorded in the text of the contract in order to avoid disagreements with the partner in the future.
It should be noted that any disagreements that arise have no prospects in court. For example, one party wants to receive 100 units of a product, while the other insists on shipping larger lots to avoid overcrowding the warehouses. In this case, the court will not be able to resolve the situation, because the agreement on the subject of the contract is within the competence of the counterparties themselves.
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Framework agreement according to the norms of 223-FZ
This form of agreement is impossible under the provisions of Federal Law 223 for the following reason. It is known that an open contract is an agreement with general terms and conditions without specifying the subject, cost and volume of the order. If you publish a notice of purchase under Federal Law 223, you are required to indicate all related terms of the transaction (Part 9, 10, Article 4 of Federal Law 223). Failure to provide mandatory information will be interpreted as a violation of the legislative norm, for which penalties are imposed (Part 7, Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation). The case is recorded in the decision of the FAS Russia No. 223FZ-656/18 of September 5, 2018 and the resolution of the FAS Russia in case No. 223FZ-615/17/AK084-18 of May 15, 2018.
The situation is different with orders from a single supplier. When concluding a contract, the customer has the right not to specify mandatory terms of the transaction. Thus, the company can formalize contractual relations with a single counterparty in a framework format (Part 5 of Article 4 of 223-FZ). It is recommended to take this nuance into account when drafting and coordinating local procurement regulations (Article 3.6 of 223-FZ).
You should not ignore the publication of information about the conclusion of a contract in the Unified Information System. If the cost of contracted actions exceeds 100 thousand rubles (500 thousand rubles for large customers), information about the conclusion of a contract must be entered into the Unified Information System or the contract register (Part 2 of Article 4.1 of 223-FZ). This requirement applies to all additional or separate agreements concluded as part of the execution of the original one. Set out this procedure in the procurement regulations.
This option implies the conclusion of a specific agreement with the right of the applicant, who forms the order, to demand the signing of an additional contract on his own terms.
This scheme may seem confusing and ambiguous. After all, it is much more convenient to specify the conditions directly by forming unilateral orders without the formal need for acceptance by the other party. Nevertheless, sometimes you can encounter this form of relationship.
Methods of specifying the terms of a framework agreement
Source: shutterstock.com
There is another model, which is often job seekers data package called a framework model. The essence: the counterparty undertakes to perform a predetermined minimum volume of any actions: production (delivery) of batches of goods, performance of work, etc.
If the customer submits requests for such operations less than the established limit, he will be held liable.
Of course, there are reasonable doubts whether such an agreement can be considered a framework agreement. By all indications, this is an ordinary standard agreement, because there is no replenishment of any missing conditions as such.
On the other hand, if a framework agreement allows for the performance of actions within a specified scope for a certain period, then all relationships outside these limits are built through the specification of agreements or through unilateral applications. Moreover, the selected option should be immediately recorded in the text of the contract in order to avoid disagreements with the partner in the future.
It should be noted that any disagreements that arise have no prospects in court. For example, one party wants to receive 100 units of a product, while the other insists on shipping larger lots to avoid overcrowding the warehouses. In this case, the court will not be able to resolve the situation, because the agreement on the subject of the contract is within the competence of the counterparties themselves.
Read also!
"Selling price list: 5 marketing tricks + 10 tips for design"
Read more
Framework agreement according to the norms of 223-FZ
This form of agreement is impossible under the provisions of Federal Law 223 for the following reason. It is known that an open contract is an agreement with general terms and conditions without specifying the subject, cost and volume of the order. If you publish a notice of purchase under Federal Law 223, you are required to indicate all related terms of the transaction (Part 9, 10, Article 4 of Federal Law 223). Failure to provide mandatory information will be interpreted as a violation of the legislative norm, for which penalties are imposed (Part 7, Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation). The case is recorded in the decision of the FAS Russia No. 223FZ-656/18 of September 5, 2018 and the resolution of the FAS Russia in case No. 223FZ-615/17/AK084-18 of May 15, 2018.
The situation is different with orders from a single supplier. When concluding a contract, the customer has the right not to specify mandatory terms of the transaction. Thus, the company can formalize contractual relations with a single counterparty in a framework format (Part 5 of Article 4 of 223-FZ). It is recommended to take this nuance into account when drafting and coordinating local procurement regulations (Article 3.6 of 223-FZ).
You should not ignore the publication of information about the conclusion of a contract in the Unified Information System. If the cost of contracted actions exceeds 100 thousand rubles (500 thousand rubles for large customers), information about the conclusion of a contract must be entered into the Unified Information System or the contract register (Part 2 of Article 4.1 of 223-FZ). This requirement applies to all additional or separate agreements concluded as part of the execution of the original one. Set out this procedure in the procurement regulations.