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TERMS OF REFERENCE FOR THE PERFORMANCE OF WORKS
_______________________________________
(Name of works)
The text is drawn up in any form in accordance with the terms of the work contract.
It is proposed to include the following sections in the content of the terms of reference.
1. Full name of the Customer.
2. Full name of the Contractor.
3. The basis for the work.
4. Purpose and baseline data.
5. Requirements of the Customer for the performance of work.
6. Requirements of the Contractor for the performance of work.
7. Feasibility study.
8. Patent and license justification (if necessary).
9. Work is carried out in __________ stages in accordance with the work schedule (Appendix ______ to the Contract).
Terms of reference - a written order from the counterparty to perform the specified actions or perform the required work (service). Separately, such a document is usually not used. And yet, in some cases, such an assignment is the only written confirmation of the emergence of rights and obligations. This refers to the so-called public offer contracts, within the framework of which there are uniform rules for the provision of services (performance of work). Rules applicable to such tasks They (rules) are posted in a public place and any person who accepts their terms is considered a party that has entered into a public contract for the provision of services, a contract for the supply of goods and various other options for transactions. Various documents may serve as evidence of the client's acceptance of the contractor's conditions.
Terms of reference, example
When drawing up the technical assignment, it should be taken into account that, according to the terms of reference, the risks and burdens of suppliers and contractors should not exceed those assumed by the customer, otherwise this may lead to an increase in the cost of the contract, or to the refusal to submit applications for participation. For the performance of construction and installation works The terms of reference for the performance of construction and installation works must contain the necessary criteria according to which the required work should be carried out.
Attention
When drawing up the document, you should indicate:
- The object of the auction itself. What kind of work should be performed in accordance with the future contract;
- Location address.
The exact location of the objects on which it is required to carry out construction and installation work;
How to prepare a technical assignment for the performance of work
Initial documents for geology SRO approval (license) for work, contract and terms of reference, topographic survey, permits for the city of Moscow, for the Moscow region, Archive materials, Survey methods, geological wells and pits, static sounding of soils, pressure tests, stamp tests, hydrogeological surveys, Drilling rigs GAKAB-2 based on the basis of KAMAB-2 portable rigDrilling works percussion-rope drillingcone drilling vibration drilling of wells auger drilling of wellsField geologyLaboratory studies of soilsLaboratory accreditationtypes of investigated soilsmechanical properties of soilsphysical properties of soilschemistry analysis
Work agreement
For complex objects, sometimes a third party is involved - the drafter of the technical assignment (for example, a design organization that is not a payer of geological surveys), in this case both the customer and the contractor only approve the technical assignment. We remind you that engineering surveys are a very important component of construction, therefore a whole paragraph in the Civil Code of the Russian Federation is devoted to them.
Extract from the Civil Code of the Russian Federation (Civil Code of the Russian Federation) Chapter 37. Contract § 4. Contract for the performance of design and survey work Article 758.
Contract for design and survey work Under a contract for design and survey work, the contractor (designer, surveyor) undertakes to develop technical documentation and (or) perform survey work at the request of the customer, and the customer undertakes to accept and pay for their result. Article 759.
Despite the fact that the legislation does not provide for the compulsory preparation of technical specifications for the performance of work and other services, this form of documentation is widespread, since thanks to the technical specifications, labor and time resources are saved at the following stages:
- Planning stage;
- Drawing up the final documentation of the upcoming purchase, notifications, project contracts;
- The stage of direct execution of the terms of the contract.
By issuing a technical assignment (hereinafter referred to as TK) before placing a notice of a planned purchase, an optimal calculation of the time required for the performance of work or the provision of goods, the selection of qualified specialists is achieved. Also, a properly drawn up TK allows you to specify the procurement object itself as much as possible, describing it as clearly and in detail as possible.
Terms of reference sample under a work contract
Appendix No. 1 ¦¦ ¦¦ Stages¦Name¦List of works + + ¦ ¦¦¦Events¦¦Date¦Date¦¦ ¦¦¦¦¦beginning¦ completion¦¦ ¦ + + + + + + ¦ Dismantling works¦¦ ¦¦ ¦¦¦ + + ¦¦¦ ¦¦¦¦ Garbage removal ¦¦¦ ¦¦¦ + + ¦¦¦ ¦¦¦¦ Installation of partitions ¦¦¦ + + ¦¦¦ ¦¦¦¦ Waterproofing device ¦¦¦¦ ¦¦¦¦ and sound insulation ¦¦¦ ¦¦¦ + + ¦¦¦ ¦¦ 1 stage ¦¦¦¦ ¦¦¦ + + ¦¦¦ ¦¦¦¦ Rough plaster of walls ¦¦¦¦ ¦¦¦ + + ¦¦¦ ¦¦¦¦ Laying of water pipes ¦¦¦¦ and sewerage.
What goals are being achieved Based on the information contained in this document, it becomes possible:
- Formation of a plan, procurement project;
- Determination of the cost of the contract, both initial and maximum possible;
- Drawing up a notice of a procurement;
- Formation of a schedule for fulfilling the terms of the contract;
- Preparation of basic documentation, including draft contracts;
- Evaluation of the proposals received from those wishing to take part in the procurement;
- Conclusion of a contract and control over its execution.
How to draw up a form Approximate plan of terms of reference for the execution of work As a rule, terms of reference are drawn up by a contract manager in tandem with specialists from the legal department, after which the document is certified by a person authorized to make decisions related to procurement.
Installation of a false ceiling ¦¦¦Lighting devices¦¦¦¦ ¦¦¦ + + ¦¦¦ ¦¦2 stage¦Intermediate¦Installation of window sills¦26.02.2014¦20.03.2014¦¦ ¦¦¦ + + ¦¦¦ and ceilings ¦¦¦ ¦ + + + + + + ¦ Finishing of walls and ¦¦¦¦ ceilings + + ¦¦¦ ¦¦¦¦ Installation of doors, locks, ¦ ¦¦¦ ¦¦¦¦cash ¦¦¦ + + ¦¦¦ ¦¦¦¦ Laying laminate ¦¦¦ + + ¦¦¦ ¦¦¦¦ Installation and connection ¦ ¦¦¦Sanitary equipment¦¦¦¦ ¦¦3 stage Final + + 03/21/2014¦05/01/2014¦¦ ¦¦¦¦Installation of built-in¦¦¦¦¦¦¦¦cabinets¦¦¦¦ ¦¦¦ + + ¦ ¦¦ ¦¦¦¦ Installation of sockets and switches, wiring fuse box.
The following information is indicated by points:
- Place of work performance;
- Deadlines;
- A brief description of the work required is given;
- Requirements for the performer.
Important! Due to the specifics of certain types of work, which include, in particular, electrical work, along with the standard requirements for the auction participants, the customer may impose special conditions in the terms of reference. So, these may be requirements for the provision of information on admission to certain types of work, the availability of technical resources for their implementation, the provision of confirmation of the qualification level of the workers of the participant applying for participation in the auction.
The initial document for the design of a technical object is called the terms of reference for the work contract. The terms of reference contains the main characteristics of the object, its purpose, technical and economic, quality and special requirements, as well as instructions for creating the necessary documentation.
Important
The terms of reference is included in the contract for the performance of design work and is its basis, which determines the procedure and conditions of work, their purpose, objectives, principles, expected results and deadlines. The parties to the design work are: their customer (legal entity or individual) and the contractor (designer or developer).
The contractor of design work can only be a specialist who has permission to carry out them. Changes, additions and clarifications to the terms of reference are made with the consent of the parties and are approved by the customer.
Responsibility of the contractor for improper performance of design and exploration work based on technical documentation and survey data.
2. If deficiencies are found in the technical documentation or in the survey work, the contractor, at the request of the customer, is obliged to remake the technical documentation free of charge and, accordingly, to carry out the necessary additional survey work, as well as to compensate the customer for the damages caused, unless otherwise provided by law or a contract for the performance of design and survey work. ... Article 762.
Moscow "___" _________ 201_
___________________________________, "___" _________ 19__ __________ year of birth, TIN - ____________, passport ________________ issued on _________, ATS _____________ hereinafter referred to as the "Customer", on the one hand,
and LLC ____________, hereinafter referred to as the “Contractor”, represented by the General Director _______________, acting on the basis of the Charter, on the other hand, together referred to as the “Parties”, have concluded this (hereinafter referred to as the “Agreement”) as follows:
1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor undertakes to perform, at his own risk, the work on the construction of a non-residential economic structure (hereinafter referred to as the "Building") in accordance with the technical documentation provided by the Customer, within the time period established by this agreement.
1.2. The project was developed by _____________________
(developer name)
and approved by _______________________________.
(by whom, date of approval)
1.3. Composition and content of technical documentation: _____________________.
1.4. The term for submission of technical documentation by the Customer: "___" ________ 201_
1.5. The Customer's authority in relation to the land plot provided for the construction of the Building is confirmed by _________________________
(name and details of the title document)
1.6. Building permit issued ___________________
_____________________________________________________.
(name of body, name, number, date of issue of the document)
1.7. The Customer undertakes to create for the Contractor the necessary conditions for the performance of the work, accept their result and pay for the work performed by the Contractor specified in clause 1.1 of this consumer work contract.
1.8. Work under this contract is performed by the Contractor from the materials of the Customer, the Customer is responsible for the inadequate quality of the materials provided by him, as well as for the provision of materials and equipment encumbered with the rights of third parties.
2. Price of work and settlement procedure
2.1. The cost of work under this contract is determined according to the estimate, which is an integral part of this contract, and is ________ (________________) rubles, including VAT 18%.
2.2. The Customer pays the Contractor an advance payment in the amount of ____% of the amount established by clause 2.1 of this agreement, within ____ days after signing this agreement. The final calculation is made after the delivery of the work by the Contractor to the Customer, provided that the work is done properly and within the agreed timeframes established by this contract, or ahead of schedule with the consent of the Customer.
3. Rights and obligations of the parties
3.1. The Contractor shall have the right to independently determine the methods of completing the Customer's assignment.
3.2. The Contractor is obliged to immediately notify the Customer about circumstances beyond the control of the Contractor that may affect the quality of the results of the work performed or make it impossible to complete it on time.
3.3. If there is a need for additional work and, in connection with this, in a significant increase in the price of work under this contract, the Contractor is obliged to promptly notify the Customer about this. If the Customer does not agree to exceed the originally agreed price of the work, he has the right to withdraw from the contract, promptly notifying the Contractor about it.
The contractor who has not timely warned the Customer about the need to exceed the work price specified in clause 2.1 of this contract is obliged to fulfill the contract at the price specified in this work contract.
3.4. The Contractor is obliged to immediately notify the Customer and, before receiving instructions from him, to suspend the performance of work (provision of services) upon detection of:
- unsuitability or poor quality of the material, equipment, technical documentation provided by the Customer;
- possible adverse consequences for the Customer of the fulfillment of his instructions on the method of performing the work;
- other circumstances beyond the control of the Contractor that threaten the validity or durability of the results of the work performed or make it impossible to complete it on time.
The contractor who did not notify the Customer about the specified circumstances or continued to perform the work, without waiting for the expiration of the term stipulated in the contract (and in its absence, a reasonable time for responding to the warning) or despite the Customer's timely instruction to terminate the performance of the work, is not entitled upon presentation to him or them to the Customer of the relevant requirements to refer to the specified circumstances.
If the Customer, despite a timely and well-founded warning from the Contractor, within a reasonable time does not replace the unusable or poor-quality material, equipment, technical documentation or the thing transferred to the Contractor, does not change the instructions on the method of performing the work or does not take other necessary measures to eliminate the circumstances that threaten its suitability , The contractor has the right to terminate the contract for the performance of work and demand compensation for losses caused by his termination.
After the end of the work, the Contractor is obliged to submit to the Customer a report on the consumption of the material and return its remainder, or, with the consent of the Customer, reduce the cost of the work, taking into account the cost of the unused material remaining with the Contractor.
In the event of complete or partial loss (damage) of the material received from the Customer, the Contractor is obliged to replace it with a homogeneous material (thing) of similar quality within 3 days and, at the request of the Customer, perform work from a homogeneous material within a reasonable time, and in the absence of a homogeneous material of a similar quality to reimburse the Customer for the double price of the lost (damaged) material, as well as the costs incurred by the Customer.
The Contractor is released from liability for complete or partial loss (damage) of the material accepted by him from the Customer if the Customer is warned by the Contractor about the special properties of the material that may result in its complete or partial loss (damage). The Contractor's ignorance of the special properties of the material does not exempt him from liability.
The customer has the right to refuse to execute the contract for the provision of the service, subject to the payment of the actual costs incurred to the Contractor.
3.5. When handing over the work, the Contractor is obliged to inform the Customer about the requirements that must be met for the efficient and safe use of the Building, as well as about the possible consequences for the Customer and other persons of non-compliance with these requirements.
3.6. The customer has the right:
- at any time to check the progress and quality of the work performed by the Contractor, without interfering with his activities;
- refuse at any time before the delivery of the work from the execution of this contract and demand compensation for losses, if the Contractor does not commence the execution of this contract in a timely manner or performs the work so slowly that its completion by the time specified in the contract becomes clearly impossible.
In this case, the Customer is obliged to pay the Contractor for the work performed by him prior to the Customer's refusal to perform the contract.
4. Quality of work
4.1. The quality of work performed under this contract must comply with the requirements of the current SNiPs, technical regulations, technical conditions for this type of work.
4.2. The warranty period for the Construction is established by the Contractor at ________.
5. Acceptance by the customer of the work
5.1. Upon completion of construction work, the Contractor is obliged to send a written notice to the Customer.
5.2. Within _______ from the date of receipt of the notification, the Customer is obliged to proceed with the acceptance of the completed construction of the facility.
5.3. If the Customer fails to appear to receive the result of the work performed or otherwise the Customer avoids accepting it within ____, the Contractor has the right, having notified the Customer in writing, after two months from the date of such warning, to sell the result of the work for a reasonable price, and the amount received, minus all due to the Contractor payments, make a deposit in the manner prescribed by law.
5.4. The delivery of the result of the work by the Contractor and its acceptance by the Customer are formalized by an act signed by both parties. If one of the parties refuses to sign the act, a note is made in it and the act is signed by the other party.
etc…
The entire standard form and a sample of a consumer contract for a customer, an individual, is available for free download in the form of an attached document form.
represented by a person acting on the basis, hereinafter referred to as " Customer", On the one hand, and gr. , passport: series, number, issued, residing at the address:, hereinafter referred to as " Executor", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor undertakes to perform the following works (provide services) specified in clause 2.1.1 of the contract, and the Customer, in turn, undertakes to pay their cost in the manner prescribed by this contract.
1.2. The Customer undertakes to pay for the work (services) of the Contractor in the amount and during the period specified in Section 3 of this Agreement.
1.3. The Parties undertake to ensure the confidentiality of information that has become known to them in connection with the performance of work (provision of services) and which may harm the interests of the Parties.
1.4. The Contractor in the process of performing work (rendering services) is obliged to familiarize himself with and adhere to the labor protection, fire safety, sanitary and other standards specified in Appendix No. 1 to this agreement, established by the current legislation of the Russian Federation.
2. LIST OF WORKS (SERVICES)
2.1. The Contractor undertakes to perform the following works (provide services):
3. COST OF WORKS (SERVICES) OF THE CONTRACTOR. PAYMENT ORDER
3.1. The cost of the work (services) of the Contractor is established by agreement of the Parties based on the volume of planned work (services) during the term of this agreement and includes tax and other (if provided for by the legislation of the Russian Federation) obligations of the Contractor from income under this agreement and according to the Agreement is rubles ...
3.2. Payment for the cost of work (services) is carried out on a monthly basis no later than the th day of the current month after the signing of the corresponding act of acceptance and transfer of the work performed (services rendered), which confirms the fact that the Contractor properly performed the work (rendered services) of a certain cost agreed by the Parties, and the Parties have no mutual claims.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The customer has the right:
- check the progress and quality of the work performed by the Contractor without interfering with his activities;
- to withdraw from the contract and demand compensation for losses if the Contractor does not commence the execution of the contract in a timely manner or performs the work so slowly that its completion by the deadline becomes clearly impossible;
- refuse the contract or entrust the correction of the work to another person at the expense of the Contractor, as well as demand compensation for losses, if during the execution of the work it becomes obvious that it will not be performed properly, and within the time period assigned to the Contractor to eliminate the deficiencies, he did not eliminate them;
- to refuse, if there are good reasons, from the work contract at any time before the delivery of the work, by paying the Contractor a part of the established price for the work performed before the notification of the Customer's refusal from the contract is received, and reimbursing the Contractor for losses.
4.2. The customer is obliged:
- assist the Contractor in the performance of his work;
- pay for the Contractor in the prescribed manner compulsory insurance contributions for state social insurance to the Social Security Fund of the Ministry of Labor and Social Security of the Russian Federation;
- provide, if necessary, a place to perform work under the contract, which complies with the labor protection rules and safety requirements;
- to train (educate), instruct, improve qualifications and test the Contractor's knowledge on safe conditions for performing work, or require documents confirming his completion of training (education), briefing, medical examination, if necessary to perform the work specified in clause 2.1.1;
- not allow (suspend) the performance of work on the relevant day of the Contractor performing work in the places provided by the Customer, appearing at the place of work in a state of alcoholic, drug or toxic intoxication, as well as in a state associated with an illness that prevents the performance of work;
- ensure unhindered admission of representatives of state bodies and other organizations, whose competence is to carry out inspections and control over compliance with legislation, including checks on the conditions for performing work, as well as provide information necessary for carrying out control activities;
- investigate or take part in the investigation of industrial accidents and occupational diseases in the manner prescribed by law.
4.3. The contractor is obliged:
- comply with the relevant instructions, rules and other regulatory legal acts that establish requirements for safe working conditions, safe operation of machinery, equipment and other means of production, as well as rules of conduct on the territory, in production, auxiliary and household premises of the organization;
- use personal protective equipment;
- undergo training (education), briefing, advanced training, knowledge testing on safe working conditions and medical examinations in the prescribed manner.
4.4. The customer is obliged, with the participation of the Contractor, to inspect and accept the result of the work performed by signing the acceptance certificate. All the shortcomings of the work performed, revealed at the time of acceptance, must be specified in the named act.
5. RESPONSIBILITY OF THE PARTIES
5.1. For non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
5.2. A party is not responsible for violation of the terms of the contract if such a violation occurred through no fault of its own.
5.3. The Contractor bears full responsibility for damage and (or) loss of the Customer's property, which took place through the fault of the Contractor. In the event of damage or loss of the Customer's property, the Contractor undertakes to reimburse the Customer for the full cost of the property specified in the shipping documents.
5.4. For non-fulfillment by the customer of obligations to pay for the work performed (services rendered), liability is provided in the form of a forfeit in the amount of at least% of the unpaid amount for each day of delay.
6. TERM OF PERFORMANCE OF WORKS (PROVISION OF SERVICES). CONTRACT TIME
6.1. The Contractor performs the work (provides services) specified in clause 2.1.1 of the contract from "" 2019 to "" 2019.
6.2. The Agreement comes into force from the moment of its conclusion and is valid until the Parties fully fulfill their obligations.
6.3. The contract may be terminated early by agreement of the Parties.
7. PROCEDURE FOR RESOLUTION OF DISPUTES
7.1. All disagreements arising between the Parties as a result of or in connection with this agreement must be resolved through negotiations. If the Parties cannot come to an agreement through negotiations, the dispute that has arisen is subject to resolution in the courts of the Russian Federation according to the general rule of jurisdiction, in accordance with the current legislation of the Russian Federation.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. In the event of force majeure circumstances (natural disasters, hostilities of any nature) and other circumstances beyond the control of the Parties that directly prevent any of the Parties from fulfilling their obligations under this Agreement, confirmed by an appropriate document of the chamber of commerce and industry or other authorized body , the term for the fulfillment of obligations under the contract by the Party for which these circumstances have arisen is postponed for the duration of these circumstances. If the force majeure circumstances last more than calendar days, the other Party may also suspend the fulfillment of obligations under the Agreement.
8.2. In the event of the occurrence or termination of force majeure for one of the Parties, the latter is obliged to immediately inform the other Party about it in writing. Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the relevant Party of the right to refer to them in the future.
9. ADDITIONAL TERMS
9.1. From the moment of the conclusion of the contract, all previous correspondence and negotiations between the Parties on its subject become invalid.
9.2. In the event of a discrepancy between certain provisions of this agreement and the current legislation of the Russian Federation, the agreement as a whole remains in force, and the Parties will strive to find a solution that does not contradict the legislation and is most complete in meaning and economically consistent with the invalid provision of the agreement.
9.3. All additions and changes to this agreement are its integral part and are valid only if they are executed in writing and signed by authorized representatives of the Parties.
9.4. Neither Party has the right to transfer its rights and obligations under the agreement to a third party without the written consent of the other Party.
9.5. All annexes and additions to this agreement, both those mentioned in its text and others, duly executed (contain the signatures of authorized representatives of the Parties and the seals of the Parties), are its integral parts.
9.6. Each Party is responsible for the correctness of the details specified in this agreement. In case of failure to notify or improper notification of the other Party about the change in details, the non-notifying Party is responsible and the risks of the negative consequences of such failure to notify.
9.7. No labor relations arise between the Parties on the basis of this agreement.
9.8. According to the current legislation of the Russian Federation, the Customer acts as a tax agent in relation to the Contractor.
9.9. The Agreement is drawn up in two original copies in Russian, having the same legal force, one copy for each Party.
10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:
Executor Registration: Postal address: Passport series: Number: Issued by: By: Phone:
11. SIGNATURES OF THE PARTIES
Customer _________________
Contractor _________________
