Framework agreement according
Posted: Thu Jan 23, 2025 8:04 am
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 paraguay mobile phone numbers database mof 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.
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.