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.
The terms of reference are needed by both sides of the workflow at once: both the contractor 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 to the 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 is included in the 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
It is worth telling a little more about the two most important elements that absolutely any sample of technical specifications should contain. 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 a strictly regulated one - whether it is a technical task for maintenance or for 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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Approximate form
Annex 2
to the Service Agreement
for catering
N ____ from "__" ____________ ____
Technical task
for the provision of services for the organization and provision of food
1. Name of services provided
1. Name of services provided
Catering for students, pupils of a general education institution ________________.
2. Term for the provision of services
Provision of services for the organization and provision of food from "__" ____________ ____ to "__" ____________ ____.
3. Indication of the source of funding and budget classification codes
Source of financing - ________________
Budget classification code - ________________.
4. Basic conditions for the provision of services
4.1. The provision of services is carried out in accordance with the requirements of the Customer according to the approved and agreed menus in accordance with the order of the head of the institution for the provision of food, indicating the number of students and pupils.
4.2. Acceptance of actually rendered services is carried out by the Customer.
5. Requirements for the services provided
5.1. The contractor must provide the full range of services necessary for catering for students, pupils of a general education institution.
5.2. Catering services for students and pupils in a general education institution, dishes and culinary products prepared for use in their nutrition must meet the requirements of sanitary and epidemiological safety established by international agreements, including the "Unified sanitary and epidemiological and hygienic requirements for products (goods) subject to sanitary and epidemiological supervision (control), approved by the Decision of the Commission of the Customs Union of 28.05.2010 N 299, federal laws of the Russian Federation, sanitary and epidemiological rules, norms and hygienic standards, other applicable regulatory documents.
5.3. The quality of services (works) for catering for students and pupils must comply with the requirements of this technical assignment, as well as national standards, including GOST 31984-2012 "Catering services. General requirements", as well as the Rules for the provision of catering services (approved by a resolution Government of the Russian Federation dated 15.08.97 N 1036) and meet all the nutritional needs of students during their stay in a general educational institution, including physiological needs for nutrients and energy.
5.4. Consumer properties of dishes, culinary products, food products used in the nutrition of students and pupils, their organoleptic properties, including appearance and design, consumer packaging and weight (serving volume), manufacturing technologies, recipes, manufacturing conditions must comply with the requirements of this technical assignment, of the Agreement, the national standard GOST 30390-2013 "Public catering services. Public catering products sold to the population. General technical conditions" .
5.5. Determining the norms of waste and losses of raw materials and food products in the production of culinary products is carried out in accordance with the national standard GOST 31988-2012 "Public catering services. Method for calculating the waste and losses of raw materials and food products in the production of public catering products".
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 regulatory 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 the participants: goodwill, availability of production facilities.
6. Indicate the initial conditions: reference, production, experimental information that influence the execution of the contract. For example, that it is possible to service the 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. Give the 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 a certain regulatory framework, including those related to the subject of the contract, terms 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 the warranty period and the amount of 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.
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
The state task for the provision of public services (for example, for an educational or medical institution) for 2018 is formed by the founder (GRBS) for their subordinate institutions in accordance with 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 electronic form in the Electronic Budget system. 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 the state assignment of a budgetary institution for 2018, departmental lists of public services and works will not be applied. 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.
The rules for the formation of departmental lists for federal state 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 of 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. A model agreement on the provision of a subsidy for the state task for the provision of high-tech medical care, which is not included in the basic CHI program, was 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 decision of the administration of the municipality Suvorovsky district dated September 4, 2015 No. 1056).