Regulated deadline for sending the draft contract to Sberbank ast. Creation and submission of a draft contract based on the results of an electronic auction. Selecting a user certificate

Instructions for signing a contract for electronic platform"Sberbank-AST"

1. Open in the browser home page ETP ZAO Sberbank-AST, located at:www. sberbank- ast. ru

3. Select the user certificate.

4. Select “Electronic platform for government procurement.”

5. Click on the “Login” button.

6. In your Personal Account, in the horizontal menu, select the “Contracts” - “Customer Contracts” tab

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

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

In other words: the “red inscription” in the figure means that the customer must30.03.2015 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 “Draft Contract” window will open, in which the customer attaches a pre-filled contract in the format. doc, . docx(documentMicrosoftWord). The contract to be filled out is taken from the auction documentation posted on the websitezakupki. gov. ruby the authorized 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 summary protocol), “Price type” (usually the price type “Contract” is indicated, but if the auction process goes through 0 (t .e the price was reduced to 0 and bidding began to increase for the right to conclude a contract), then the customer must indicate the price type “Right to conclude a contract”)

After filling out all the fields, you must click on the button“Sign and send.”

“The contract is concluded” - the contract is signed on both sides, the only action available is: “Terminate the contract”

“The protocol of disagreements has been processed. Card revoked” - The dispute protocol has been processed. Available In the “Available actions” section, in addition to “Sending the draft contract to the participant”, other actions are available: “Process the protocol of disagreements”, “Refusal to conclude a contract”, “Terminate the contract”. The list of available actions listed above 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 a contract”.

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

“The contract is signed by the participant” - the participant has 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 customer's signature "- the contract is signed by the participant, but not signed by the customer. Available actions: “Process the dispute protocol”, “Refusal to conclude a contract”.

There will be no action on this card, but a new contract card will be automatically generated with the status “Draft Contract”.

11. Winner electronic auction, with whom the contract is concluded, in the event of disagreements regarding the draft contract sent by the customer, may 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”, indicating his agreement or disagreement with the participant’s arguments, while attaching the necessary document.

In any case, the previous contract card, after processing the dispute protocol, will be revoked and a new contract card will be generated.

To send the draft contract again to the participant, the customer, it is necessary to perform the actions described in clauses 9 and 10 of these instructions.

12. The customer can also be the initiator of sending a protocol of disagreements to the participant. For example, there is no bank guarantee in the draft contract signed by the participant, or the bank guarantee is not in the register of bank guarantees on the official website zakupki. gov. ru. Also, if the customer discovers any errors in the draft contract, typos, a protocol of disagreements can be processed at any stage of signing the contract.

13. If the contract status is “Contract signed by the participant” on the “Contracts-Customer Contracts” page in personal account when you click on the “Information” icon, in “Events in chronological order”, on the page that opens, “Sending the signed contract to the customer on 04/05/2015” is highlighted in red, signing the contract will be available to the customer only after 04/05/2015 for 3 working days .

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

For these purposes, government customers of the Samara region (who work through automated information system state order of the Samara region PC WEB-torgi-KS) are required to generate information about the contract (about changes to the contract), about the execution of the contract in the PCWEB-torgi-KS, in accordance with the manual: http://www.webtorgi.samregion.ru/Show/Category/17?ItemId=342

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

Other customers have the right to use the functionality for generating information directly on the OOS.

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

Then the edited contract must be “Submitted for publication”

The Sberbank AST platform has become one of the most popular services for participating in tenders, various competitions and public procurement in remote mode. Knowing how to sign a contract for Sberbank AST, the user will be able to enter into an agreement, which will allow the contractor to begin fulfilling the conditions specified in the document.

Features of the site

Under the name Sberbank AST hides an electronic platform intended for conducting various kinds of auctions and purchases initiated by the state. Participation in such events is allowed individual entrepreneurs, individuals, as well as various companies.

In order to be able to take part in this type of tender, the candidate will need to meet a number of requirements, as well as provide a set package of documents. It differs and depends on the status of the candidate. However, there are a number of steps that must be completed by all users wishing to participate in the auction. Among them:

  • obtaining an electronic digital signature and a special certificate, which can be done by contacting one of the authorized certification centers. Such an application will be considered within 7 days;
  • submitting an application for accreditation. The review procedure can last for 5 days from the date of submission of the application;
  • register on this platform using your digital signature and also indicating necessary information about the user.

When planning to use this platform to participate in electronic auctions and conclude contracts, the user must take into account that many services provided by Sberbank AST are provided on a paid basis. As a rule, these are various types of commissions when making payments or transactions.

Sberbank AST is a popular trading platform among small and medium-sized businesses

Submission and subsequent signing of the agreement

Users who actively use the capabilities of such an Internet platform, upon receiving the right to fulfill an order, want to conclude a contract with the customer and begin work. In order to do this, the user will need to have a registered account, valid accreditation and digital signature. It is also necessary to have the right to perform the contract, which appears when winning a tender/auction.

The signing procedure takes place in several stages:

  1. The system participant logs in to the site.
  2. The preliminary version of the contract is filled out by the customer.
  3. A preliminary version of the agreement is sent to the contractor.
  4. If the terms of the contract are agreed upon, the next step is to send the signed draft contract to the customer.
  5. The customer signs the agreement, after which the contract comes into force.

Since each of the above steps requires many steps, it is worth considering them in more detail.

Login to your personal account on the website

In order to start the procedure, the user will need to log in to the site using his registration data. This will require a valid accreditation, as well as an electronic digital signature. Authorization is carried out in several steps:

  1. Go to the official website of the platform, located at https://www.sberbank-ast.ru.
  2. Click on the “Login to your personal account” button.
  3. Select the certificate that you plan to use to log in.
  4. On the right side of the interface you will need to select Electronic Public Procurement Platform.
  5. Click the “Login” button.

After this, the user will be able to access his personal account and sign the contract, as well as other necessary actions.

How to submit a draft contract

The terms of service stipulate that after selecting a contractor, the customer must, within a specified period, send a preliminary version of the contract to the contractor for further agreement on the terms and its conclusion. To do this, you will need to log in to your personal account, and then follow the following procedure:

  1. Go to the "Contracts" section.
  2. Select the item “Customer Contracts”.
  3. The window that appears will display a list of all existing contracts initiated by the user. To obtain additional information about the desired item, you will need to click on the information icon located to the left of each item presented.
  4. After clicking, the user will be shown all events related to the selected agreement. These should include the date the card was generated, as well as the time frame within which the project must be sent to the bidder.
  5. Having opened the “Available actions” category, the user will need to click on the “Submit draft contract” button, which will allow him to send a preliminary version of the agreement to the contractor.
  6. After clicking on this button, a new window will open called “Draft Contract”. Using interface elements, you will need to attach a completed version of the contract in MS Office Word format – .doc/.docx. The agreement form must be obtained using the zakupki.gov.ru service, as it is presented as part of the tender documentation.

When filling out, you must pay special attention to the price of the contract, as well as its other parameters.

Once all the required information has been entered and the user has successfully attached the preview agreement, they will be able to submit it using the Sign and Submit button.

When signing a contract, it is important to take into account all the conditions

Agreement approval and signing

This stage seems to be final, since after successful signing of the agreement by both parties, the contractor will be able to begin fulfilling his duties in accordance with its terms. The procedure for the contractor to whom the agreement was sent may vary and depends on whether he agrees to the terms proposed by the customer or not.

For both options, the user must have a registered account, as well as an electronic digital signature, after which he will need to log in. Actions in your personal account that will need to be completed to sign the document:

  1. Open the “Contracts” section and select “Executor’s Contracts”.
  2. Find the required agreement and go to its information card using the special icon located to the left of its name.
  3. Click the “Sign” button, after which the contract status will change to “Concluded”.

However, the conditions offered by the customer in the preliminary agreement are not always suitable for the contractor. In order to make changes to the proposed agreement, the contractor will need to perform a number of simple manipulations:

  1. Find the required agreement in the “Executor’s Contracts” category.
  2. Read the terms and conditions proposed by the customer.
  3. Click the “Submit Dispute Protocol” button.
  4. In the form that appears, describe your comments and suggestions regarding the content of the agreement.
  5. Click on the “Send protocol” item and wait for a response offer.

In a similar way, the terms of the contract are agreed upon, which makes cooperation between the parties mutually beneficial. If the new terms of the agreement are acceptable, the user will need to follow the steps to sign the agreement.

Upon receipt of such a protocol, the customer will need to click the “Process protocol” button in the list of available actions. He can either agree to the performer’s terms or refuse. It is extremely important to note that after processing the protocol, a new agreement card will be generated.

The existing rules of the service regulate the actions of the parties after the agreement between them has been signed. The contractor should begin to fulfill its obligations, and the customer will need to publish information about the contract on the official government procurement portal.

The customer is given up to 3 working days for such a procedure, and failure to comply with such a rule is fraught with blocking and other problems.

Signing by the winner of the competition or participant in the competition, whose application is assigned the second number, of the draft contract drawn up and transferred to him in accordance with Part I of the competition documentation

6.3.1. The winner of the competition, after the customer has transferred the draft contract to him or sent him by post, is obliged to:

fill out the preamble compiled and submitted to him in accordance with
with part I of the competition documentation of the draft contract regarding the indication of the person who signed the draft contract on behalf of the winner of the competition,
indicating the document on the basis of which this person has the authority to sign the draft contract;

fill out your mailing and Bank details, taxpayer identification number of the participant placing the order or in accordance with
with the legislation of the relevant foreign state, an analogue of the taxpayer identification number (for a foreign person);

sign a draft contract;

affix the draft contract with the seal of the participant - legal entity(seal of a legal entity - management company).

6.3.2. Contribution by the winner of the competition to the one transferred to him in accordance with
with Part I of the tender documentation, any changes (additions) to the draft contract are prohibited.

If the winner of the competition identifies, when signing the draft contract, contradictions with the application of the winner of the competition and/or draft contract , posted on the official website, the winner of the competition
does not sign the draft contract and has the right to demand in writing that the customer immediately bring the draft contract into compliance
with the application of the competition winner and draft contract , posted
on the official site.

If contradictions are identified in the draft contract, the application of the winner of the competition and (or) draft contract , posted on the official website, the customer, on the basis of a written request from the winner of the competition, is obliged no later than the day following the day of the application of the winner of the competition, to bring the draft contract drawn up in accordance with the application of the winner of the competition and draft contract posted on the official website,
and no later than the day following the day the competition winner applies, transfer the draft contract to the competition winner.

6.3.3. The deadline for the winner of the competition to sign the draft contract is ten calendar days, starting from the date of placement
on the official website of the protocol for evaluating and comparing applications for participation
in a competition (if the basis for concluding a contract is an evaluation and comparison protocol) or posting on the official website a protocol for considering applications (if the basis for concluding a contract is a review protocol).



The winner of the competition is obliged, within the period established by this paragraph of Part I of the competition documentation, to transfer according to the act (send by mail) to the customer:

1) the draft contract signed by him (in the number of contracts transferred by the customer);

2) security for the execution of the contract, drawn up in the manner prescribed by Part I of the tender documentation.

The winner of the competition, to whom the draft contract was transferred according to an act or sent by mail, has the right, at his own discretion, to determine the form of transferring the signed draft contract to the customer and ensuring the execution of the contract: transfer these documents according to the act to the customer or send them to the customer by mail.

6.3.4. If the winner of the competition is duly notified
on recognizing him as the winner of the competition and received the draft contract in the manner and within the time limits established by Part I of the competition documentation, however, within the period established by subclause 6.3.3 of Part I of the competition documentation, he did not transfer (send by mail) to the customer the documents provided for in subclause 6.3. 3 of Part I of the tender documentation, on the third working day after the deadline for signing the draft contract by the winner of the competition established by subclause 6.3.3 of Part I of the tender documentation, the customer begins the procedure for recognizing the tender participant as having evaded concluding the contract.

6.3.4. The transfer by the winner of the competition to the customer of the signed draft contract and other documents provided for in subclause 6.3.3 of Part I of the competition documentation is carried out at the address and at the hours indicated
in a special section.

6.3.5. The act of transfer by the winner of the competition of the draft contract signed by him is drawn up in two copies, indicating the place, date and time of its preparation.

The act of transfer of the draft contract must be signed by an official of the customer and an authorized person of the winner of the competition.

One copy of the act is kept by the customer, the second copy of the act is transferred to the authorized person of the competition winner.

6.3.6. When handing over the signed draft contract and other documents, the authorized person of the winner of the competition presents to the customer's official documents confirming his authority, provided for in paragraphs. 6.2.4 Part I of the tender documentation.

6.3.7. Before signing the act of handing over the signed draft contract to the winner of the competition, the customer's official is obliged to check the completeness of the documents submitted in accordance with subclause 6.3.3 of Part I of the competition documentation.

6.3.8. The act of transfer by the winner of the competition of the draft contract signed by him and documents confirming the sending by the winner of the draft contract signed by him and ensuring the execution of the contract by mail are stored by the customer for at least three years.

6.3.9. If the winner of the competition is found to have evaded
from concluding a contract, the customer has the right to file a claim in court
on the requirement to compel the winner of the competition to conclude a contract, as well as compensation for losses caused by evasion of concluding a contract, or to conclude a contract with a participant in the competition whose application for participation in the competition was assigned the second number.

Signing by the participant of the competition, whose application is assigned the second number, of the draft contract drawn up and transferred to him in accordance with Part I of the competition documentation and sending the signed project to the customer is carried out in the manner and within the time limits established
clause 6.3 of Part I of the tender documentation.

6.3.10. Responsibility for compliance with the procedure for signing the contract provided for in clause 6.3 of Part I of the tender documentation lies with the customer’s official responsible for working with the draft contract.

Under the signing of a government contract in in electronic format it is understood that the parties have certified the draft contract with their digital signature after the completion of the auction and the recognition of the 2nd part of the auction winner’s application as meeting the documentation requirements.

Deadlines for signing a government contract

  • The auction winner has a 5-day deadline for signing the contract.
    • That is, within 5 days after receiving the contract card (on the ETP), he is obliged to sign and send the contract or a protocol of disagreements to the Customer.
    • If the participant does not meet this deadline, he will be recognized as having evaded signing the contract and will be included in the register of unscrupulous suppliers. In this case, the contract will be concluded with the participant who took 2nd place.

Protocol of disagreements to the government contract

  • If the Contractor does not agree with the terms of the contract, then he can prepare and send to the Customer (instead of the signed contract) a protocol of disagreements.
  • If the Customer agrees to make changes, then he adjusts the contract and sends it to the participant, who is required to sign the contract within 5 days.
  • If the Customer does not intend to make changes to the contract, he resends the contract to the participant (repeatedly), who is required to sign the contract within 5 days.

“Sending” a contract means its placement in the Unified Information System. And the wording “send” more clearly demonstrates the addressee and sender and their actions.

Bank guarantee for a government contract

  • To ensure the execution of the contract, the Contractor must either transfer the security amount 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 the bank guarantee is sent to the Customer (attached to the ETP).

Attention.

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

Conclusions.

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

LEGAL DEPARTMENT REMOTELY

The selection of the winner begins with the publication of documentation about the procedure, as well as a draft contract. Accordingly, the deadline for posting the draft contract in the Unified Information System coincides with the deadline for posting the documentation. Based on the results of the bidding, the customer sends the draft contract to the winner of the relevant procedure for consideration and signing.

Essential conditions

  • if such a right is provided for in the documentation: in the event of a reduction in the contract amount without changing the volume of products, works or services, or in the case of an increase in the quantity of products or the volume of works (services), but not more than 10% (at the customer’s suggestion);
  • if the amount of a concluded contract for a period of at least three years at the federal or subject level is or exceeds the amounts established by the Government of the Russian Federation (including changing the contract without making changes to it is impossible);
  • if the price of a contract for a period of no more than one year, concluded to meet the needs of the municipality, is or exceeds the amounts established by the Government of the Russian Federation;
  • in case of changes in tariffs for products, services or work;
  • the price may be changed if a contract is concluded for treatment abroad by a citizen of the Russian Federation (for medical reasons).

Request for clarification and other response methods

Sent during the period when documentation and drafts of municipal contracts, as well as state ones, have become publicly available and until three days remain before the deadline for submitting applications for participation in tenders. It is submitted if, for example, the specified agreement contains unrealistic deadlines for completing work or if the potential participant does not agree with other provisions of this agreement. The customer is obliged to provide an answer by marking it in the Unified Information System.