The state task of a budgetary institution for the provision of public services. Terms of reference for the provision of services for the development of a business plan for an investment project


Document text:

Approved by the Decree of the Ministry of Economy of April 10, 2007 N 68

TERMS OF REFERENCE FOR THE PROVISION OF SERVICES FOR THE DEVELOPMENT OF A BUSINESS PLAN OF THE INVESTMENT PROJECT under contract No. ___ dated "___" _____________ 20___ 1. Term for the provision of services: ______________________________________. (indicate the start and end dates) 2. Goals and objectives of the provision of services: ______________________________ (description of the goals and objectives of ___________________________________________________________ of the provision of services carried out in the provision of services ___________________________________________________________________. pre-investment studies) ___________________________________________________________________. 3. Composition, content and form of services provided: ______________ investment project to be developed by ____________________________________________________________________, calculations carried out, including alternative ones, __________________________________________________________________________ list of annexes to the business plan, the need for analysis and __________________________________________________________________________ forecasting by the Contractor of financial and economic activity ____________________________________________________________________ of the Customer, the implementation by the Contractor of pre-investment ____________________________________________________________________ studies ( marketing research, search for technical and ____________________________________________________________________ technological solutions for the implementation of the investment project, ____________________________________________________________________ identification of suppliers of equipment, technologies and resources, ________________________________________________________________________ search for potential investors and others), the need to provide _________________________________________________________________ practical assistance to the Customer in preparing the initial data) 4. Requirements for the provision of services: ______________________________ (a list is provided ____________________________________________________________________ regulatory legal acts that define the requirements for the methodology ____________________________________________________________________ development of a business plan for an investment project, other documents __________________________________________________________________________ (established requirements) banks and non-banking _________________________________________________________________. financial institutions) 5. Initial data (documents and materials): ___________________ (list of initial data provided by the Customer for __________________________________________________________________________ is provided by the Contractor for the provision of services for the development of a business plan ___________________________________________________________________ investment project) 6. Conditions for consideration and acceptance by the Customer of development services business plan of the investment project ___________________. From the Contractor: From the Customer: ____________________________ ____________________________ (position, signature) (position, signature) ____________________________ ____________________________ (I.O. Surname) (I.O. Surname) M.P. M.P.

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CONTRACT

PROVISION OF LEGAL SERVICES №________

Khomich Anna Anatolievna(passport series 4102, number 954435, issued by the Department of Internal Affairs of the Lomonosovsky District of the Leningrad Region on February 05, hereinafter referred to as the Customer, on the one hand,

And Bragina Anastasia Vladimirovna(passport series 4114, number 588085, issued by the Department of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region in Sosnovy Bor, May 27, 2014), “ 30 » June 1979 year of birth, on the other hand, collectively referred to as the Parties, and individually - the Party, have concluded this agreement (hereinafter - the Agreement) as follows:

SUBJECT OF THE CONTRACT

1.1. In accordance with the terms of the Agreement, the Contractor undertakes, on the instructions of the Customer, to provide legal services (hereinafter referred to as the Services) specified in the List of Services (Appendix No. 1), and the Customer undertakes to pay for the Services. Appendix No. 1 is an integral part of the Agreement.

1.2. The Customer's task is contained in Appendix No. 2 to the Agreement, which is its integral part.

1.3. The contractor undertakes to provide services personally.

1.4. Place of provision of services: courts of general jurisdiction.

2. TERMS OF THE CONTRACT

3. SERVICE TERMS

3.1. The terms for the provision of services are determined in Appendix No. 1 to the Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The customer undertakes:

4.1.1. Pay for the Services in the amounts and terms stipulated by the Agreement.

4.1.2. Timely transfer to the Contractor all the information and documentation necessary for the provision of the Services.

4.1.3. Accept the rendered Services in accordance with the terms of the Agreement.

4.1.4. Do not transfer information received from the Contractor related to the provision of services under the Agreement to third parties and not use it in any other way that could lead to damage to the interests of the Contractor.

4.1.5. Up to " 09 » June 2017 issue to the Contractor a power of attorney, drawn up in accordance with the requirements of the law, confirming the powers of the Contractor to third parties to perform actions under the Agreement.

4.1.6. During the term of the Agreement, do not take any actions (personally or through intermediaries) related to the provision of the Services without the consent of the Contractor.

4.2. The Contractor undertakes:

4.2.1. Provide Services in a quality and timely manner in accordance with the terms of the Agreement.

4.2.2. Transfer the Services to the Customer in accordance with the terms of the Agreement.

4.2.3. Examine the documents submitted by the Customer and inform him about options problem solving, prepare Required documents and to represent the interests of the Customer.

4.2.4. Do not transfer or show to third parties the documentation of the Customer held by the Contractor.

4.2.5. In case of loss of the original documents received from the Customer, restore them at their own expense.

4.3. The customer has the right:

4.3.1. Control the provision of the Services without interfering with the activities of the Contractor.

4.3.2. Receive oral and written explanations from the Contractor related to the provision of the Services no later than 2 (Two) working days from the date of presentation of the relevant request.

4.3.3. Refuse to execute the Agreement, subject to payment to the Contractor of the costs actually incurred by the latter for the provision of the Services.

4.4. The contractor has the right:

4.4.1. Request payment for services rendered.

4.4.2. Refuse to execute the Agreement subject to full compensation for losses to the Customer in the manner provided for in Art. 9 of the Agreement.

4.4.3. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. In case of non-submission or incomplete or incorrect submission of information by the Contractor, the Contractor has the right to suspend the performance of its obligations under the Agreement until the necessary information is provided.

5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES

5.1. Within 5 (Five) working days from the date of completion of each stage of the provision of the Services, the Contractor is obliged to submit to the Customer the following documents by courier or registered by mail at the choice of the Contractor:

Report on the services rendered - 1 (one) copy;

5.2. Within 5 (five) working days from the date of receipt of the documents specified in clause 5.1 of the Agreement, in full and duly executed, the Customer is obliged to either accept the services specified in the Act by signing the Act, or send the Contractor written reasoned objections to the Act.

5.3. The Parties have agreed that if within 10 (Ten) working days from the date of receipt of the documents specified in clause 5.1 of the Agreement, the Customer has not submitted written motivated objections to the Certificate to the Contractor by express or registered mail at the Customer's choice, then the Certificate is considered signed by the Customer , and the Services specified in the Act - accepted by the Customer.

5.4. The deadline for the Contractor to eliminate the shortcomings is 10 (Ten) business days from the date of receipt by the Contractor of a written reasoned objection from the Customer specified in clause 5.2 of the Agreement.

5.5. Services are considered to be rendered by the Contractor properly if the Parties sign the Act only if the Contractor transfers all the documents specified in clause 5.1 of the Agreement.

6. COST OF SERVICES

6.1. The cost of the Services under the Agreement is 30,000 rubles (thirty thousand) rubles.

6.2. The cost of the Services includes the amount of the Contractor's expenses related to the provision of the Services.

7. PAYMENT PROCEDURE

7.1. Payment for the Services under the Agreement shall be made within 5 (Five) banking days from the day the Parties transfer and accept the Services in accordance with the terms of the Agreement.

7.2. Method of payment under the "Agreement": cash transfer by the "Customer" Money"Executor.

8. RESPONSIBILITY OF THE PARTIES

8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and Russian legislation.

8.2. The penalty under the Agreement shall be paid only on the basis of a reasonable written request of the Parties.

8.3. The payment of a penalty does not relieve the Parties from fulfilling their obligations under the Agreement.

8.4. Customer Responsibility:

8.4.1. For violation of the terms of payment for the Services rendered, the Customer shall pay the Contractor a penalty in the amount of 20% (Twenty) percent of the cost of the untimely paid stage of the Services under the Agreement for each day of delay, but not more than 36% (Thirty-six) percent of the cost of the untimely paid stage of the Services.

8.4.2. In case of failure ( improper performance) By the Customer of the obligations stipulated by clause 4.1.2 of the Agreement, the Customer pays the Contractor a fine in the amount of 3000 rubles for each such case.

8.5. Contractor's responsibility:

8.5.1. For violation of the terms for the provision of the Services, the Contractor shall pay the Customer a penalty in the amount of 20% (Twenty) percent of the cost of the untimely rendered stage of the Services under the Agreement for each day of delay, but not more than 36% (Thirty-six) percent of the cost of the untimely rendered stage of the Services.

8.5.2. In case of non-performance (improper performance) by the Contractor of the obligations stipulated by clause 1.3 of the Agreement, the Contractor shall pay the Customer a fine in the amount of 3,000 rubles for each such case.

8.5.3. In case of non-performance (improper performance) by the Contractor of the obligations to transfer the documents provided for in clause 5.1 of the Agreement, the Services are considered not transferred to the Customer, and the Contractor, in addition to the penalty specified in clause 8.5.1 of the Contract, pays the Customer a fine in the amount of 3,000 rubles. for each such case.

8.5.4. The Contractor is responsible for the safety of the original documents received from the Customer and, in case of loss, undertakes to restore them at his own expense.

9. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

9.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by the Agreement and the law.

9.2. Termination of the Agreement unilaterally is made only at the written request of the Parties within 10 calendar days from the date of receipt by the Party of such a request.

9.3. The Customer has the right to terminate the Agreement unilaterally in the following cases:

9.3.1. Violation by the Contractor of the terms for the provision of Services or untimely provision of Services by the Contractor under the Agreement for a period of more than 3 working days.

9.3.2. Violations by the Contractor of the obligations stipulated by clause 1.21 of the Agreement.

9.3.3. Payment to the Contractor of the actual costs incurred by the latter for the provision of the Services.

9.4. The Contractor has the right to terminate the Agreement unilaterally in the following cases:

9.4.1. Violation by the Customer of the terms of payment for the Services or untimely payment by the Customer for the Services under the Agreement for a period of more than _3_ working days.

9.4.2. Full compensation for losses to the Customer.

9.4.3. Repeated (2 or more times) violation by the Customer of the obligations stipulated by clause 4.1.4 of the Agreement.

10. DISPUTES RESOLUTION

10.1. The claim procedure for pre-trial settlement of disputes from the Agreement is mandatory for the Parties.

10.2. Claim letters are sent by the Parties by courier or registered mail with a notification of delivery of the latter to the addressee at the location of the Parties specified in clause 12 of the Agreement.

10.3. It is allowed to send claim letters by the Parties in other ways. Such claim letters are legally valid if the Parties receive their originals in the manner specified in clause 9.2 of the Agreement.

10.4. The term for consideration of a claim letter is _3_ working days from the date of receipt of the latter by the addressee.

10.5. Disputes from the Agreement are resolved in court in accordance with the law.

11. FORCE MAJOR

11.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.

11.2. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than __ calendar days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.

11.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure event.

12. MISCELLANEOUS

12.1. The parties do not have any accompanying verbal agreements. The content of the text of the Agreement fully corresponds to the actual will of the Parties.

12.2. All correspondence on the subject of the Agreement, prior to its conclusion, loses legal force from the date of conclusion of the Agreement.

12.3. The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.

12.4. The Agreement is drawn up in 2 (two) original copies in Russian, one for each of the Parties.

13. DETAILS AND SIGNATURES OF THE PARTIES


Application No. 1

SERVICE LIST

total cost services provided under the Agreement: 30 000 (thirty thousand) rubles.

Signatures of the parties:


Application №2

to the contract for the provision of legal

services No. ____ dated "__" _______________ ____

SERVICE TASK

Familiarization with the case materials, presence in court session(Sosnovy Bor and Lomonosov, Leningrad Region) preliminary and main, provision of advice on the issue of transfer of jurisdiction and legality of the claims, filing petitions with the court, appealing against the decision, filing objections, presence with the court of second instance .

Signatures of the parties:


Application №3

to the contract for the provision of legal

services No. ____ dated __ _____ ____

Consider how to draw up a state task according to the new rules. You can download samples of the required forms and reports in the article.

Who performs the state task for the provision of public services

The state task is one of the main documents that defines the scope of the institution. Based on the state task, the founder determines the amount of his financial support (subsidies).

Indicators from draft state assignments are taken into account when:

  • form a draft budget;
  • determine the amount of subsidies for the performance of tasks by budgetary or autonomous institutions;
  • make budget estimates of state institutions.

The head can be fined if the institution does not fulfill the state (municipal) task. In this case, the accountant cannot avoid problems either, because he will have to return the balance of the subsidy to the budget and reflect it in the accounting ...

From a magazine article:

The procedure for the formation of the state task of a budgetary institution

State task for rendering public services(for example, for educational or medical institution) for 2018 is formed by the founder (GRBS) for its subordinate institutions according to their main activities. The institution cannot refuse to fulfill the state task.

The state task establishes:

  • indicators of the quality and volume of public services or work provided;
  • the procedure for monitoring its implementation, including the grounds (conditions and procedure) for its early termination;
  • performance reporting requirements;
  • categories of consumers of relevant services;
  • in what order to provide the service;
  • marginal prices(tariffs) for payment of relevant public services by consumers, if institutions provide services for a fee in cases established by federal laws, and also indicate the procedure by which marginal prices (tariffs) are established in cases provided for by law.

The task is formed for a period of up to one year - if the budget is approved only for the next financial year. And if the budget is approved for the next financial year and planning period (with possible clarification when drafting the budget), then the state task is formed for up to three years.

The state task of a budgetary institution at the regional and local level

For regional and municipal institutions the form, the procedure for the formation of the state (municipal) task and its financial support are established by the highest executive body of state power of the constituent entity of the Russian Federation or the local administration.

For financial security, the founder and the institution sign an agreement on the provision of a subsidy.

The order of the state task at the federal level

At the federal level, the form, procedure for the formation and financial support of the state assignment are established by the Decree on the procedure for the formation of the state assignment No. 640.

Separate provisions of the order come into force gradually. There is a transitional period for this. In full measure, all the norms will come into force starting from the state assignments for 2019.

The state task for budgetary institutions is placed in the Electronic budget

The founder forms the state task in in electronic format in the system "Electronic budget". They draw up a document on paper only if the information contains a state secret or other secret protected by law.

In order to financially ensure the fulfillment of the state task, the founder and the institution sign an agreement on the provision of a subsidy. They do this in the Electronic Budget system, and if there is a state secret or other secret protected by law, on paper.

Preliminary report on the implementation of the state task for 2017

List of state (municipal) services

For a government assignment budget institution for 2018 departmental lists public services and works will not be used. Instead, to draw up a task for 2018, use the all-Russian basic (industry) list, federal lists of public services that are not included in the all-Russian, regional lists of state and municipal services.

The list of activities for which the basic (industry) lists are approved is approved by order of the Ministry of Finance of Russia dated June 16, 2014 No. 49n.

Rules for the formation of departmental lists for federal public institutions, as well as basic (industry) lists were approved by Decree of the Government of the Russian Federation of February 26, 2014 No. 151.

Basic lists for state assignments

Basic (industry) lists are formed and approved by an enhanced qualified electronic signature an authorized person of the federal executive body that carries out legal regulation in the established field of activity. For example, the Ministry of Education and Science of Russia, the Ministry of Sports of Russia and others.

Authorities do not issue a special legal act for the approval of these lists. The lists are approved and posted in the Electronic Budget system (www.budget.gov.ru) and on the website www.bus.gov.ru, where they can be found.

Financial support for the implementation of the state task

To fulfill the state task, the founder brings:

  • state-owned institutions - limits on budgetary obligations based on budget estimates (clause 2, article 69.2, article 161 of the Budget Code of the Russian Federation);
  • budgetary and autonomous institutions - subsidies (clause 2 of article 69.2, paragraph 1 of clause 1 of article 78.1 of the Budget Code of the Russian Federation).

Subsidies for the fulfillment of the state task

The procedure by which it is necessary to determine the volume and conditions for the provision of subsidies for the fulfillment of the state task of a budgetary institution is established by regulatory legal acts:

  • Government of the Russian Federation - for subsidies from the federal budget;
  • the highest executive body of state power of a constituent entity of the Russian Federation - for subsidies from the budgets of constituent entities of the Russian Federation;
  • local administration - for subsidies from local budgets.

In any case, the amount of the subsidy is calculated based on the standard costs of public services.

Agreement on the provision of a subsidy for a state assignment

In order to financially ensure the fulfillment of the state task for a budgetary institution, the founder concludes an agreement with the institution on the provision of a subsidy. The form of the agreement is standard, approved by order of the Ministry of Finance of Russia dated October 31, 2016 No. 198n. Model agreement on the provision of subsidies for the state task for the provision of high-tech medical care, which is not included in basic program Compulsory medical insurance, approved by order of the Ministry of Health of Russia dated December 14, 2016 No. 966n.

The founders form an agreement in the Electronic Budget system (www.budget.gov.ru), sign it and place it in the register of agreements.

Schedule for the transfer of subsidies for the implementation of the state task

An integral part of the agreement is the schedule for the transfer of subsidies.
When drawing up a schedule, please note that the subsidy must be transferred to the institution at least once a quarter in an amount that does not exceed:

  • 25 percent of the annual subsidy during the first quarter;
  • 50 percent of the annual subsidy for the first half of the year. And for institutions whose activities require uneven financial support (for example, educational institutions) - up to 65 percent;
  • 75 percent of the annual subsidy for nine months.

Transfer the last part of the subsidy in the fourth quarter. The order is this:

  • transfer the subsidy for services after the institution submits a preliminary report on the implementation of the state task;
  • Transfer the work subsidy to:

- after the institution submits a preliminary report, - if the founder has prescribed such a requirement in the state task;
- on any day of the fourth quarter - if there is no requirement to submit a report in the state task.
allocation of subsidies.

Calculation of fund security for the implementation of the state task

Calculate the amount of subsidy (financial security) for the implementation of the state task to the institution according to the standard costs for the provision of services, taking into account the costs:

  • for the maintenance of immovable and especially valuable movable property, which is assigned to the institution or acquired by it at the expense of funds allocated by the founding body;
  • payment of taxes, as the object of taxation for which the property of the institution is recognized.

Standard costs for the execution of work at the federal level are included in the amount of the subsidy starting from state assignments for 2017 and the planning period of 2018 and 2019. At the subject and municipal levels, the standard costs for the performance of work are calculated by the decision of the founder of the institution (paragraphs 2 and 3, clause 4, article 69.2 of the Budget Code of the Russian Federation).

Report on the implementation of the state task

One form of control is an institution's report on how it performs a government task.

Based on the results of work on the state task, the institutions submit a report to the founder. The report form is established by Decree of the Government of the Russian Federation dated June 26, 2015 No. 640. Set the deadlines and frequency (quarterly, annually) in the state task. The deadline for the annual report is no later than March 1.

In addition, in the IV quarter of the current year, institutions submit a preliminary annual report:

  • for services - without fail;
  • for work - if the founder has established such a requirement in the state task.

The form of the preliminary report is the same as for the final one. Set the date by which to report in the state task.

At the regional and local level, follow the reporting rules established by regional (local) legislation. For example, in the Suvorovsky district of the Tula region, a preliminary report is submitted in December, and the final report is submitted before February 1 of the next year (clauses 38–39 of the Regulations on the formation of a state task, approved by the administration municipality Suvorovsky district dated September 4, 2015 No. 1056).

The main purpose of the terms of reference is to clearly define and fix the requirements for the procurement object. At the same time, the law establishes that the name of the procurement is indicated in accordance with (part 4 of article 23). The catalog was approved by Government Decree No. 145 dated February 8, 2017.

If there is a description of the purchased products in the KTR, the customer is obliged:

  • describe the object of procurement as provided for by the CTRU;
  • include written justification in the description (if the description differs from that provided for in the CTRU).

The approved PP of 05.06.2015 No. 555 of the Rules provides for the obligation of the customer to indicate the name of the subject of procurement in the justification process.

The customer draws up the formulation of requirements on the basis of the rules for describing the procurement object (Article 33). Let's highlight some prerequisites:

  • an indication of the equivalent;
  • justification by regulations or other normative documents;
  • availability of specifications, plans, drawings, sketches, images (if necessary);
  • new condition of the goods (if there is no other need for the customer);
  • requirements for providing a guarantee.

What to specify in the terms of reference

  • general information;
  • information about the purchased object;
  • requirements for suppliers;
  • terms ;
  • applications (allowed at the discretion of the customer).

Stages of drawing up terms of reference

1. Make a list of terms, definitions and abbreviations that will be used in the document.

2. Provide complete information about the customer:

  • name (official name of the organization with an indication of the organizational and legal form);
  • address (of the organization or unit that is responsible for public procurement);
  • working hours in accordance with the internal labor schedule.

3. Provide information on the procurement information:

  • or not, and if yes, the rights and obligations of each customer (GD of November 28, 2013 No. 1088);
  • centralized procurement, information about the authorized body (part 1 of article 26 of law No. 44-FZ);
  • involvement of experts, the order of their work.

4. List information on public procurement:

  • method of determining the supplier (part 1 of article 24);
  • justification of the chosen method for determining the supplier (part 5 of article 24).

5. List the requirements for participants: business reputation and their production capacity.

6. Indicate the initial conditions: reference, production, experimental information that influence the execution of the contract. For example, that it is possible to service purchased equipment only in the morning hours.

7. Provide information about the features of the production process or the architectural object of the customer, which will affect the process of contract execution. For example, when drafting the terms of reference, you may need to indicate that the delivery requires a manual lift to the third floor due to the lack of an elevator.

8. Indicate the exact location of the object, and, if necessary, its full description. This may be required, for example, for the design of utilities or for an accurate calculation of the cost of repairs.

9. Lead desired results(what problem the customer wants to solve) and the goals of public procurement (Article 13 44-FZ).

10. Indicate the source of funding.

11. Establish a requirement for participants to comply with certain regulatory framework, including those related to the subject of the contract, conditions of performance, terms, warranty obligations.

12. Determine the conditions of public procurement (part 1 of article 19).

13. Indicate the name and justification of the public procurement object.

14. Describe the object of public procurement as accurately and in detail as possible (Article 33).

15. Determine the environmental features of the purchased object.

16. Specify the volume of purchased goods, as well as the frequency and delivery time.

17. Determine guarantee period and the scope of the guarantees provided.

18. Establish requirements for packaging, labeling, what conventional and special designations should be on it.

19. To oblige to provide confirmation of a new product or a need for a product of a different condition.

20. Determine operating costs.

21. Decide if installation and commissioning is needed.

22. Establish the order of delivery and acceptance.

23. Indicate the need to conduct tests, training of persons who will use the purchased goods.

Sample terms of reference for goods, works, services in 2019

Remember that a universal sample of the terms of reference for FZ-44 is not developed for each purchase, an individual approach is required. This is the only way to take into account all the needs and characteristics of the customer. As a guide, you can use this example of the terms of reference for 44-FZ (sample).

Below is a sample of the terms of reference for the supply of goods under 44-FZ.

You can also find a sample of the terms of reference for the performance of work on FZ-44 in our material about or systems.

When developing any project. How is this document prepared? This will be discussed in the article.

Technical task - what is it?

Before any project can be started, a plan must first be drawn up. Construction, entrepreneurship, housing work - absolutely any labor area requires the development of an appropriate plan. At the same time, it does not matter at all how difficult or serious this or that work is. The development of a technical task, and, in fact, an ordinary action plan, is a key stage here.

Technical task both sides of the workflow need it at once: both the performer and the customer. Often between these two persons there are quarrels, conflicts and misunderstandings. A well-designed action plan will help strictly regulate all the obligations of each party.

Why technical task to the customer?

As already mentioned, the development of terms of reference is a necessary process that is useful for both parties. employment contract. However, now it is worth talking about why the submitted document is needed by the direct customer.

The most important thing that can be noted is the fact that the terms of reference are developed only by the customer. This is a kind of action plan, a contract for the provision of services. With the help of this document, performers can clearly define their job functions, as well as what exactly is required of them. The document under consideration should always be developed very high quality and carefully. So, the customer must take into account all the main theses and points, and also avoid contradictory moments. If the document is drawn up correctly, then the customer will always be able to point out to the dissatisfied contractor a certain clause of the contract.

Why technical task to the performer?

The contractor receives samples of technical specifications before starting to perform a particular work. The worker is obliged to carefully read all the points that are in the document. This step will help avoid manipulation by the customer. So, many bosses may demand something from employees that was not discussed in the terms of reference.

The contractor must clarify all the necessary points and about the amount of payment. So, it is worth making sure that cash payments relate only to those points that are specified in the document. Otherwise, inattentive performers can work for free.

Thus, the contractor should pay attention to the sample terms of reference as often as possible. This will help him avoid unnecessary problems and misunderstandings.

Starting a document

Where should I start filling out the document? The terms of reference for the performance of work should always begin with general provisions and goals. What's Included general provisions? First, a small glossary. Of course, this is not a prerequisite. However, if the document is narrowly focused, and therefore replete with specific terminology, then it is still worth fixing a small dictionary. In any case, this will be another step towards mutual understanding between the customer and the contractor. Secondly, the general provisions must contain data on the parties to the contract.

What is included in the objectives of the technical task? It's probably easy to guess. So, it is necessary to briefly indicate what kind of project is being developed, why it is needed and how the final result can be achieved. All tasks and goals should be described in as much detail and clearly as possible. This approach will help to establish mutual understanding between the parties to the contract.

Requirements and deadlines

Without fail, any terms of reference for the performance of work must contain certain requirements, as well as clearly established deadlines. With the timing, everything is relatively clear. Although it is worth noting that it is better to take time with some margin. In addition, the speed of order execution should not affect the quality. In the event that the contractor violates the established deadlines for performance, the contract must contain certain sanctions for this case.

What can you say about the requirements? The customer must remember that all requirements are divided into two main types: special and functional. Functional requirements are to some extent illustrative, figurative. These are certain images, elements, sketches of what the customer would like to see. Special requirements are strictly regulated, indicating certain tasks and methods of execution. Naturally, the special ones should greatly predominate. Otherwise, the performer may simply not fully understand what exactly they want from him.

Responsibility and reporting

More about two essential elements, which should contain absolutely any sample of technical specifications, it is worth telling a little more. It is about the responsibility of the parties and accountability. What is each of these elements?

It is desirable to generate reporting in stages, especially if the terms of reference are large. As soon as a certain stage of work has been completed, reports can be submitted (required). In addition, such a system allows you to keep the performer in good shape. Otherwise, he can do everything at the last moment, and therefore, extremely poor quality.

What can be said about the responsibility of the parties? It should be noted right away that such an item is not mandatory. However, many customers still find it necessary to regulate the main types of fines, penalties and sanctions for various violations. It is advisable to indicate the main elements of responsibility in documents such as terms of reference for procurement, transportation, etc.

Preparation of terms of reference

Any technical task (for the supply, construction, transportation, etc.) must be drawn up very competently and with high quality. This is necessary, firstly, so that in the future there will be no litigation, disputes and conflicts due to misunderstanding between the parties. And secondly, for simple convenience. Not every customer is able to competently draw up a technical task. Often, lawyers are hired for this case, although this does not make much sense.

Just remember a few simple rules:

  • the contract must be detailed and detailed (however, you should not exaggerate; at least one performer is unlikely to want to read multi-volume comments on the requirements);
  • the contract must be clear, without water and unnecessary information;
  • the task should not be a kind of dogma; it is worth remembering that this is only an indication, albeit strictly regulated - whether it is a technical task for Maintenance or planting trees.

All the tips that were given above are just a small part of what could be said. However, you can still give customers a couple of instructions. So, the terms of reference (for maintenance or construction) can be built according to a template. In this case, it is not necessary to take this template from somewhere; So, if writing a contract for the provision of services is a fairly common duty, then it will not be so difficult to build a couple of clichés for yourself.

It is worth recalling how important it is to check with the standards: be it GOST, regulatory or legal acts, local acts, etc.

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