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Publication date: 18.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
An important stage in the public procurement procedure, which will allow them to realize their ultimate goal, is the conclusion of an agreement between the customer and the winner.
- According to current legislation, a purchase agreement is a business contract that provides for the paid provision of services, the performance of work or the purchase of a specific product.
- It is noted that when developing and concluding an agreement one should be guided by civil and economic legislation.
- Unlike ordinary civil or business contracts, this type of contract has many legal features regarding the procedure for concluding its contents and deadlines.
- Therefore, it is extremely important to conduct a detailed legal analysis of contracts.
Legal aspects of the purchase agreement:
- The first step towards concluding a contract is initiated by the customer, who makes a decision based on the results of a detailed analysis of the participant’s tender proposal.
- The very next day after making such a decision, the customer must publish the proposal in a special electronic system.
- It is extremely important to comply with legally established deadlines when concluding a contract, the duration of which depends on the form of organization of public procurement.
- Thus, if open tenders were held, then an agreement should be concluded with the winner after the expiration of ten days from the date of publication of the corresponding intention in the electronic system, but no later than twenty days from the date of the decision to conclude the contract.
As for the basic requirements established by the current legislation, before concluding a contract, the tenderer must provide the customer with information about the right to sign it (order or mandate), as well as a copy of the license to carry out those types of business activities that are subject to licensing, if this was noted in the tender documentation.
- Cases of concluding a purchase agreement stipulating a condition under which payment for goods, works or services will be made by the customer himself without implementing the procurement procedure are considered unacceptable.
- The content of the contract will consist of those conditions that will be agreed upon by the parties in the process of its conclusion, but it should be noted that such conditions should not differ from the tender proposal. In particular, the parties must agree on the subject, price and duration of the contract.
- The condition on the subject is formed in accordance with the information contained in the tender documentation.
The contract price must correspond to that indicated in the participant’s tender proposal.
- The established essential conditions are not subject to change, except in cases that are clearly established by law. It is advisable to conclude a purchase agreement in written or electronic form.
- If the contract has been executed or its validity period has expired, the customer is required to publish a report on its execution.
In the event that the above requirements were violated during the conclusion of the contract (there is no procurement procedure, there is a discrepancy between the terms of the participant’s proposal and the subject of the procurement, deadlines were not met), and also if the contract was concluded during the period of appeal of the procurement procedure - in all these cases the contract will be recognized insignificant.
Procedure for concluding an agreement:
1. The draft of the future contract should be developed already at the stage of preparing tender documentation. The project must meet all the above requirements, contain essential conditions and those that will effectively regulate the legal relationship between the customer and the winner. It is important that the wording that makes up the content of the agreement is sufficiently concise and not subject to double interpretation. At this stage, it is highly desirable to have analysis of contracts by a lawyer.
2. The next step is the publication of the prepared draft contract, carried out together with the publication of the tender documentation. The result of this stage is the opportunity for participants to familiarize themselves and analyze the terms of the contract, which is extremely important in the procurement process.
3. After the winner of the tender has been determined, the question of concluding a contract will arise. It is extremely important to comply with legally established deadlines, because ignoring them can lead to the nullity of the contract. Also, do not forget about the documents that the participant must provide before the conclusion.
Legal assistance in concluding a purchase agreement:
The lawyer will ensure the preparation of a draft agreement that will effectively regulate the legal relations between its parties and will not contradict the requirements of current legislation.
A lawyer can also prepare all the necessary tender documentation and conduct an analysis of a contract in general, because the success of the tender will depend on the completeness of the necessary documents and compliance with deadlines for their submission. So, legal analysis of documents in the procurement process is a tool that will help increase productivity and, as a result, achieve the main goal pursued by the participants.
