Manufacturing contract – Sample, 2020 form


How to submit an application

We would like to draw your attention to how to correctly complete an application, because a correctly completed application will save a lot of precious time.

Let's look at two types of applications:

Application for a product or manufacturer, that is, if you need

find any product or product, or if you need

find a manufacturer/factory for the production of any product;

Application for cargo transportation , that is, if you have already found the ones you are interested in

Goods or products, and you need to deliver the goods.

https://youtu.be/hqoelwLYgS8

Application form for production of products

The above examples are an example of how not to write an application, since after submitting such a request you will have to answer a huge number of questions, which takes time.

If you want to find a manufacturer/supplier of any product, then when making an application to search for a product or manufacturer in China, be sure to write in detail what exactly you want to receive in the end. Parameters such as brand, quantity, size, technical characteristics are mandatory; if you send a photo of the desired product, this will greatly simplify the search task. If you order specific products, such as technical equipment, spare parts, chemicals, etc., then all the more you need to describe everything in great detail, attach drawings, photos, decipher all abbreviations and acronyms, because all those terms that seem clear to you like a clear day, can be a dark forest for a person who has never encountered this or that industry.

What is a purchase application under 44-FZ, and why is it necessary?

When a supplier or contractor has selected a purchase with suitable conditions, and he has confidence that he will be able to supply the products required by the customer, he prepares a tender application.

Submitting an application means that the contractor agrees to the terms of the order. Customers have strict requirements for submitted applications, so the outcome of the auction may depend on their proper preparation.

The application also records the contract execution price proposed by the participant, which is one of the key conditions for selecting the winner.

In essence, a purchase application under 44-FZ represents a commercial proposal from the supplier, namely on what terms it is ready to fulfill the government order. For the customer himself, the submitted application allows him to understand how well the contractor’s proposal corresponds in terms of requirements for the supplier, requirements for the products and services supplied, the application form, as well as other conditions (for example, whether the contractor has the necessary security).

Requirements for the application must be included in the customer’s procurement documentation. Therefore, before proceeding with its execution, the contractor should carefully study the submitted procurement documentation.

Requirements for an application for participation must be contained in the public procurement documentation posted in the Unified Information System. They must strictly comply with the provisions of 44-FZ and depend on the method of bidding. Thus, the requirements for an application to participate in a request for quotation are set out in Art. 73 44-FZ, for participation in an electronic auction - in Art. 66 44-FZ.

During the procurement, the requirements for the application may change, so there is a possibility that it will have to be adjusted.

Application for cargo transportation

There are also difficulties with applications for cargo transportation. If you need to deliver cargo from China, then in the application you need to indicate not only what cargo and where, be sure to indicate such parameters as:

  • Shipping Name
  • route (from where to where), you need to indicate not only the country and city, but also the address of the plant from where you need to pick up the cargo, as well as (preferably) the address of the warehouse to which the cargo needs to be delivered
  • type of transportation (air transportation, railway transportation, road transportation, sea transportation)
  • net/gross weight
  • cargo volume
  • number of packages
  • volume of each package
  • cost of goods under the contract in USD (this is necessary for customs clearance)
  • preferably HS code (commodity nomenclature for foreign economic activity)

-you can request a delivery calculation HERE, or you can also write to us by email

If you still have any difficulties in making a request or filling out an application form, our specialists will be happy to help you. If you have any questions, write to us by email or call us.

Appendix No. 3 to the Regulations on placing government orders for the supply of goods, performance of work, provision of services for the needs of the Federal Migration Service

Form N 3

To the Deputy Director of the Federal Migration Service of Russia (supervising the activities of the initiating unit) a special title/class rank (if any) I.O. Last name Report In connection with the need ___________________________ (indicate the reason - the need that has arisen for the purchase of goods, works, services) and in accordance with ___________________________ (indicate paragraph of part 2 of Article 55 of the Federal Law) I ask you to authorize the purchase of goods (performance of work, provision of services) (indicate , what goods, works, services) for the needs of the Federal Migration Service of Russia. —————————————————————————— ¦1. ¦Requirements for: ¦ ¦ +——+————————————————————-+———+ ¦1.1. ¦quality of goods, works, services ¦ ¦ +——+———————————————————-+———+ ¦1.2. ¦technical characteristics of goods, works, services ¦ ¦ +——+———————————————————-+———+ ¦1.3. ¦safety of goods, works, services ¦ ¦ +——+————————————————————-+———+ ¦1.4. ¦functional characteristics (consumer properties)¦ ¦ ¦ ¦product ¦ ¦ +——+———————————————————-+———+ ¦1.5. ¦sizes of goods ¦ ¦ +——+————————————————————-+———+ ¦1.6. ¦packaging of goods ¦ ¦ +——+————————————————————-+———+ ¦1.7. ¦delivery of goods ¦ ¦ +——+————————————————————-+———+ ¦1.8.

Oral application

Sometimes the parties agree among themselves to submit an application orally, for example, by telephone. In this case, each buyer’s application is recorded in a special journal and assigned a specific number. Further, such oral appeal can also be confirmed on paper.

Regardless of the form in which the application is drawn up, it always provides for certain conditions for its execution. The main part of the document containing the direct application is usually filled out in the form of a table. The information that characterizes the requested goods is not reflected:

  • Name;
  • vendor code;
  • characteristics;
  • quantity of goods of each item;
  • unit cost;
  • the total cost of each item of goods;
  • total amount of the application.

The application may also indicate general requirements for product packaging, dimensions of goods, delivery methods and dates, and recipient addresses. The buyer must have a clear understanding of the timing, which includes not only the direct delivery of the goods, but also the time for its preparation.

If the buyer is provided with discounts under the supply agreement, this should also be indicated in the application. In addition, the document may indicate other additional agreements and special payment terms. For example, by agreement of the parties, advance payment for goods or payment for goods after delivery may be provided.

Application: samples on the topic

¦work results ¦ ¦ +——+————————————————————-+———+ ¦1.9. ¦quantity of goods (volume of work, services) ¦ ¦ +——+————————————————————-+———+ ¦1.10.¦term and (or) volume providing quality guarantees for goods, works, services ¦ +——+———————————————————-+———+ ¦1.12.¦costs for operating the product ¦ ¦ +——+—————— —————————————-+———+ ¦2. ¦Information about: ¦ ¦ +——+————————————————————-+———+ ¦2.1. ¦place of delivery of goods, performance of work, provision of services ¦ ¦ +——+———————————————————-+———+ ¦2.2. ¦conditions for the supply of goods, performance of work, provision of services¦ +——+———————————————————-+———+ ¦2.3. ¦terms (periods) of delivery of goods, performance of work, ¦ ¦ ¦ ¦provision of services ¦ ¦ +——+———————————————————-+———+ ¦3 . ¦Prices of the state contract (lot prices) ¦ ¦ +——+————————————————————-+———+ ¦3.1. ¦the procedure for forming the price of a government contract (price¦ ¦ ¦ ¦lot) (including with or without taking into account the costs of ¦ ¦ ¦ ¦ transportation, insurance, payment of customs duties, taxes ¦ ¦ ¦ ¦ and other obligatory payments) ¦ ¦ + ——+————————————————————-+———+ ¦3.2. ¦information about the currency used to form the price ¦ ¦ ¦ ¦state contract (lot price) ¦ ¦ +——+———————————————————-+———+ ¦3.3. ¦ information on the procedure for settlements with suppliers (performers, ¦ ¦ ¦ ¦ contractors) ¦ ¦ +——+———————————————————-+———+ ¦3.4. ¦information about the initial (maximum) price of the contract (prices ¦ ¦ ¦ ¦lot) ¦ ¦ ——+———————————————————-+———

(points are indicated depending on the needs of the Federal Migration Service of Russia)

I report to your decision.

Appendix: 1. Justification of the initial (maximum) contract price (lot price).

2. Technical requirements (technical specifications) for the supply of goods, performance of work, provision of services.

Head of the initiating unit of the Federal Migration Service of Russia special rank/class rank (if available) I.O. Surname

Comments:

Example of a memo for acquisition

Director of NovoSit LLC
Mamedov R.K.

from the head of the legal department

Agafeeva I.P.

04/15/2022

Service memo for purchasing software

Due to the expiration of the contract for the right of access to the legal system of “Lawyer Society” No. 84 dated 05/01/2021, I ask you to give instructions to the procurement department and the accounting department to purchase the software “Access to the legal system of “Lawyer Society” or “Consulting” for the proper functioning of the legal department.

The software must be installed on 2 personal computers - the head of the legal department, Irina Pavlovna Agafeeva, as well as the chief legal adviser, Viktor Sergeevich Potapov.

Head of the Legal Department Agafeeva Agafeeva I.P.

Agreed:

Chief accountant Petrenko V.A.

Order: samples by topic

An order is a document that reflects the buyer’s need for goods or services of a certain type. The order is used as the main document by both public and private organizations. The order may cover the manufacture or supply of products. In the section you can familiarize yourself with various options for Order forms that are used by enterprises of different forms of ownership in different fields. Government Orders involve payment for products or services from the state budget, therefore special requirements are imposed on their execution. In the section you can familiarize yourself with the forms of State Orders.

  • Order to the supply contract
  • Order for automobile transportation of passengers
  • Order for the production of microphotocopies of the insurance fund and the use fund
  • Order for making copies of the insurance fund and use fund
  • Order for individual additional meals
  • Service order (provision of vehicle maintenance and repair services)
  • An order for the provision of household services to the population, except for household services for rental, dry cleaning and dyeing of products, repair and production of jewelry from precious metals and precious stones
  • Order for the provision of household services for dry cleaning and dyeing of products
  • Order for the provision of household services for the repair and production of jewelry from precious metals and precious stones
  • Order for training of specialists, workers, employees by level of education
  • An order for training at an educational institution for subsequent employment in a base organization of specialists, workers, employees (to the agreement on the interaction of the educational institution with the organization that customers the personnel in the training of specialists, workers, employees)
  • An order for the training of reserve officers (junior commanders) in military educational institutions, military faculties and departments
  • An order for chartering a vehicle for the road transport of passengers. Form No. ZNF-2
  • Order-instruction for the provision of transport and forwarding services to individuals
  • Order-instruction for the performance of transport and forwarding services
  • Menu-order
  • One-time order for road freight transportation
  • Order form (requirements) for the issuance of audiovisual documents
  • Order form for work to improve the physical condition of audiovisual documents
  • Order form for making copies of the insurance fund and the fund for the use of audiovisual documents
  • Order form for issuing cases

Popular document forms:

As a rule, in engineering companies and manufacturing enterprises, engineering services are involved in finding suppliers for complex technical equipment. Highly qualified specialists - engineers draw up technical specifications or draw up a description of the equipment. If the characteristics of the equipment are determined by the design documentation and this equipment is manufactured to order, then engineering service specialists search for manufacturing companies, request commercial proposals from them, interact with them on technical issues, sometimes rewrite the order application several times so that it corresponds to the form of the enterprise - manufacturer.

Requesting proposals and searching for a supplier are not the main job responsibilities of engineering services specialists, often taking a lot of time and involving high labor costs of qualified specialists.

We conducted a small experiment by requesting a commercial proposal for electrical equipment that is manufactured to order.

How to write an application, where and when it is needed

The application was from a real customer; instead, we did the work “manually” to find a manufacturer for the manufacture of electrical equipment, the cost of which varied from 1.5 to 2 million rubles.

We sent out a request for commercial proposals to 40 manufacturing companies of this equipment.

What were the results?

The statistics are as follows. 40% of companies did not open emails even with the title “Application” in the subject line. These letters are simply lost in the general mail.

From 24 applications read:

– 8 companies sent price lists or redirected them to the website to fill out their application form;

– 6 companies responded that they do not manufacture equipment in this configuration, or will not deliver it to our region;

– after 3 weeks, 2 sales managers called back and asked if we still have a need for the equipment that their company produces, while the previous request was not answered, and they will call once a month (such work)!

– 6 companies ignored the application for other reasons and did not respond;

– only 2 companies sent targeted commercial proposals.

We spent about 16 hours of working time searching for contacts, sending requests to each company, collecting and analyzing the results. As already noted, some companies do not have time to process the application on time, but the phone gets into their database, and for a long time they will call “cold” and identify the need for their products.

If the equipment is expensive, then two commercial offers are very little for analysis and decision-making. Therefore, everything has to be repeated - calling those who did not respond, rewriting the application, so the actual labor costs double.

What is important when requesting proposals?

When requesting proposals, it is important to receive a sufficient number of proposals, in a convenient format for analysis, with the necessary information, and within the given time frame. The task is not easy - specialists who regularly engage in procurement know this.

First, you need to find contacts of suppliers and equipment manufacturers. Secondly, formulate the request so that suppliers respond in a uniform format that is convenient for comparison. Thirdly, ask questions that are relevant when ordering equipment, such as production time, delivery costs, work experience, quality of work. And, fourthly, the period for accepting proposals is limited and to speed up the process of receiving proposals, specialists even call their suppliers.

How to optimize the processes of searching for suppliers and receiving commercial proposals?

Four criteria must be met at the same time:

– number of offers;

– convenient proposal format;

– sufficiency of information;

– compliance with deadlines for accepting proposals.

If the first criterion depends on the number of suppliers covered, then the other three are related to the issue of drawing up a high-quality request and the professionalism of the supplying companies, which in their proposal will try to comply with the form and answer all your questions.

To reach a wide range of suppliers, there is no need to send a mailing to 40-100 contacts. With one publication of a request for proposals in the electronic RFP system, you will reach all quality suppliers and manufacturers who will respond to your request within the specified time frame.

You can create a high-quality request for proposals using one of the samples presented below. Complete the specification, technical description or assignment for equipment or materials as a separate document, and if necessary, attach a diagram.

If you need 3-4 high-quality commercial proposals from direct suppliers and manufacturers and you have at least one week to collect commercial proposals, then publish a request for proposals in the electronic RFP system, attach a specification, terms of reference and (or) a circuit diagram. Within the specified time frame, those suppliers and manufacturers who are ready to fulfill your order according to your conditions will respond to you. Most importantly, you will spend no more than 15 minutes of your own working time on this, and then suppliers and manufacturers will contact you to clarify the details of the order.

What do you get as a result of publishing a purchase requirement in the RFP ?

As a result of publishing your purchase request in the electronic RFP system, you will receive:

– three to four commercial offers from direct manufacturers without intermediaries and resellers;

– guarantees that your contact information will not be accessible to unscrupulous manufacturers and suppliers who use cold calling methods; also, your contact information is not available to random visitors to the RFP resource;

– saving labor costs of highly qualified specialists.

What can you do right now?

You can request proposals for any purchase and even work for free. If you haven’t found your ideal sample request for proposals or you have a non-standard task or equipment, then write about it by email [email protected] and we will definitely answer you!

General sample request for commercial proposals

Sample request for proposals for the supply of goods (by description or specification).

Sample request for proposals for construction and installation work with technical specifications.

Sample request for proposals for design work.

Sample request for proposals for services.

Sample request for proposals to determine the price of a single supplier contract.

Sample request for proposals for the supply of goods to determine the NMCC

If you already have a need to request proposals for technically complex equipment according to specifications, then use the RFP electronic platform service.

1. request for commercial proposals, fill it out on your company letterhead.

2. Connect your organization to the electronic RFP system (register here).

3. Post requests for commercial proposals for any goods, materials, equipment or services on the RFP platform (the “Create a purchase” form here).

Please note that consultations with our highly qualified specialists, preparation of documentation and publication of a request for proposals in the electronic RFP system are free of charge! You can learn about all the conditions in the “Customers” section and from the presentation “Customer’s Personal Account or how to work effectively in the electronic RFP system!” .

The subject of discussion at the forum was the legal nature of the application for the supply of a certain quantity of goods. , a contract for the supply of goods was concluded , which stipulates that the supplier undertakes to supply the goods in the quantity specified in the buyer’s written application within 30 days after its receipt. The parties also signed a specification specifying the product, its quantitative and qualitative characteristics.

First of all, we note that you can draw up and download a contract for the supply of goods using the SimplyDOC contract constructor.

Let's return to the question asked.

Position 1. The application is an offer because:

— the framework agreement does not agree on all the essential terms of delivery; the parties agree on the delivery of a consignment of goods with subsequent agreement on specific conditions;

- the application for the supply of goods indicates the essential terms of delivery that are not agreed upon in the text of the contract (term condition) - such an application is an offer; and it will be possible to talk about concluding a supply agreement only after the supplier accepts the terms of the application.

Position 2. The application is not an offer because:

- the application is a document defined by the contract as one in which a specific condition is established. The right to establish such a condition under the contract is granted to the party that submits such an application (i.e., the parties have agreed that one of them will independently determine this condition of the contract);

- if the application is an offer, then the other party can refuse it, therefore, there is no need for a “primary” contract;

- within the scope of the agreement, the parties cannot also enter into an agreement on the performance of the agreement;

- if the “primary” contract does not agree on all the essential terms of delivery (term condition) - the contract is not concluded;

— the application is only an element of the document flow, and its submission does not in any way affect the rights and obligations of the parties.

SimplyDOC's opinion:

The answer to the question about the legal nature of the application for the supply of goods in each specific case will depend on the presence in the contract of all the essential terms of the contract for the supply of goods .

If the contract for the supply of goods concluded by the parties contains all the essential terms of delivery, the application can be considered a way to implement the contract. So, for example, the contract specifies the total quantity of goods that the supplier undertakes to supply, and the size of each batch of goods will be determined based on the customer’s application within the total quantity established by the contract.

From the discussion, it became obvious that the forum participants questioned the consistency of delivery dates, since it turns out that the deadline is determined based on the will of only one of the parties.

Firstly, the mechanism of interaction (submitting an application) is established by agreement of the parties, which means that the expression of will is bilateral in nature.

Secondly, in the analyzed situation, the parties stipulated in the contract the terms for fulfilling the obligation, defining the mechanism for determining them (the terms) (30 days after receipt of the application). This point of view is confirmed by the position of the Kharkov Court of Appeal, set out in the decision of December 14, 2009 in case No. 50/78-09, left unchanged by the higher court. In a controversial legal relationship considered by the court, the contract established that the supplier ships the goods during the validity of the contract in separate batches according to the buyer’s requests, accepted by the supplier by telephone (orally), fax or letter. The shipment period in the agreed quantity, according to the contract, was 3 days from the date of receipt of the application. Having analyzed these provisions of the contract, the court considered that the parties agreed on the terms of delivery of the goods and the methods for determining them.

As follows from the information about the essence of the contract provided by a forum participant, in the situation considered, the contract stipulated the quantitative and qualitative characteristics of the goods. Consequently, arguments about the absence of any of the essential terms of the supply agreement cannot be called justified.

Apparently, the contract for the supply of goods discussed by the forum participants is an ordinary standard supply contract in Ukraine , and sending applications is the mechanism for its execution. Please note that the customer’s offer was accepted by the supplier when concluding the contract; therefore, additional approval of the buyer’s requests by the seller is not required. The supplier’s obligation to notify of receipt of an application, which is sometimes specified in contracts, is not such an agreement.

The issue of the legal nature of the application would have been resolved differently if the contract had left unsettled the issue of the quantity of goods to be supplied, or if other essential conditions had been absent. In this case, the agreement could not be called a supply agreement in Ukraine . Instead of a supply agreement, one should speak of an unnamed framework agreement.

The subject of a framework agreement is usually understood not as the subject of a specific contract (for example, supply), but as the organization of mutual cooperation between the parties in a certain area.

A special feature of a framework agreement is that its terms are subject to clarification in the future. The structure of the relations between the parties in this case will consist of two agreements: a framework agreement concluded for the purpose of organizing the relationship, and the supply agreement itself (an offer in the form of an application and its acceptance), which is of a clarifying nature.

How to properly draw up a manufacturing contract in 2020?

The existence of a manufacturing contract ensures the protection of the interests of both the Customer and the Contractor in case of unfavorable circumstances.
When ordering this or that item, both parties need to carefully fill out all sections of such an agreement to be sure:

  • To the customer - in the manufacture of an item, according to the application, of appropriate quality.
  • The contractor - that after transferring the order - payment will be made to him in accordance with the signed agreement.

Thanks to a properly executed contract, both parties will be satisfied, without unjustified loss of time and without nervous shock.

When filling out a manufacturing contract, you must always take into account the specifics of the order. It is possible that in some cases you may need not only delivery, but also installation of the item. And this needs to be displayed in the appropriate section. Usually, the installation of the order is carried out by the contractor, since this requires tools and materials that the Customer does not have.

Note. When transferring a completed order, you need to issue an acceptance certificate, which displays the timing and place of transfer. This document displays deficiencies if any are found. It is advisable to also stipulate in the contract the warranty period for using the order.

When drawing up an agreement, you can use the form that can be downloaded below or the proposed example of an agreement as a basis.

You can fill out the agreement manually or type it on a computer and then print it out. A printed document is preferable.

The document must be completed:

1. From its name. In this version, “AGREEMENT for the production of ...”

2. Next, on the next line, you need to fill in the place of registration and date.

3. Then you can start filling out the preamble, where the following data is displayed:

  • FULL NAME. The customer displaying information about his powers and the basis on which he acts.
  • FULL NAME. Performer with display of the same data.

4. The next step is to fill out the “Subject of the contract” section, where you need to display what will need to be produced and the obligations of the parties, that is, what the Customer must provide and what the Contractor must fulfill.

5. After filling out the section, you can proceed to the next step - filling out the item “Contract price and payment terms”.

  • Here you need to display the price of the order, with a breakdown of the cost of work performed, the cost of materials, the cost of transportation and installation of the order, etc.
  • It is also necessary to note the payment terms and display the procedure and form of payment for the completed order.

6. Next, you can begin filling out the “Obligations of the Parties” section.

  • Here you will need to list the responsibilities of the parties, as well as a list of conditions for the production of the order, indicating the procedure for making changes to the project, the timing of the production of the order, the procedure for its delivery and the actions of the parties if the terms of the contract are changed.

7. Then it will be necessary to stipulate the parties’ liability for failure to fulfill the terms of the contract. To do this, you will need to fill out the “Penalties” section.

  • This section establishes the form of liability of the parties to the transaction in case of non-compliance with the terms of the agreement by the parties. Fines can be prescribed only on the basis of legislative norms in force in the Russian Federation.

8. Life is unpredictable. And today on our Planet there are various natural disasters, man-made disasters and other circumstances that cannot be foreseen. Therefore, any contract must contain a “Force Majeure” section.

  • This clause relieves the parties from full or partial liability in the presence of force majeure circumstances that are unpredictable.

9. Next, you can fill out a section displaying other terms of the agreement that are not included in the listed sections of the document. This section may be called “Other Terms” or “Final Annexes”

10. It will be possible to display:

  • The date of entry into force of the contract and the time of its completion.
  • Number of copies of signed documents and other information.

11. Completion of filling out the manufacturing contract is carried out by displaying the legal addresses and details of the participants signing the completed document.

It should be noted that most often, when concluding manufacturing contracts, there are violations of the order production deadlines. If the contractor missed the deadline for fulfilling the order or during the execution of the order it became obvious that it would not be executed on time, the Customer has the right, on the basis of laws (No. 212-FZ of December 17, 1999; No. 234-FZ of October 25, 2007) to choose the following:

  • Set a new deadline for the Contractor.
  • Entrust the execution of the order to a third party or do it yourself and recover the costs incurred from the contractor.
  • Reduce order cost.
  • Terminate the manufacturing contract (No. 171-FZ dated December 21, 2004).
  • Demand compensation for losses due to delays in order production.

Note. Damage is compensated within the time frame in accordance with Law No. 212-FZ of December 17, 1999.

New deadlines for order execution are noted in the additional annex to the contract (No. 212-FZ dated December 17, 1999).

If new deadlines are missed, the Customer has the right to reduce the cost of the order or terminate the contract (No. 171-FZ dated December 21, 2004). At the same time, the contractor does not have the right to reimbursement of his costs spent in the process of executing the order (No. 212-FZ of December 17, 1999, No. 171-FZ of December 21, 2004).

For late execution of an order, a penalty may also be collected from the Contractor, which is charged in the form of a penalty for each day before the delivery of the completed order (No. 212-FZ dated December 17, 1999)

Note. The Contractor is released from liability for missed deadlines for order production if this was due to force majeure or if this was due to the fault of the Customer.

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