Decree of the Ministry of National Defence No. 29 / 1961 Coll.
Decree of the Ministry of Defence issuing the basic conditions of supply of works and prototypes in the development of military equipment
Valid
Effective from 01.04.1961
29
DECLARATION
Ministry of National Defence
of 15 February 1961
issuing basic conditions for the supply of works and prototypes in the development of military equipment
The Ministry of National Defence, in agreement with the supply ministries (central offices and authorities) and after approval by the main arbiter of the Czechoslovak Socialist Republic, provides pursuant to Article 192 of Act No. 69 / 1958 Coll., on Economic Relations between Socialist Organisations (hereinafter referred to as "the Act"):
Scope
(1) These basic conditions govern the binding relationship between customers and suppliers in the provision of military development tasks carried out under technical development plans. Subcontracting is governed by the rules on the conclusion of economic contracts on the new technology section. *)
(2) The development of military equipment begins with the start of work on the preliminary project according to the approved tactical technical requirements and ends with the preparation of documentation for the verification series.
(3) The basic conditions for the supply of products to the Ministry of National Defence apply to the supply of products to the verification series; * *) the provisions of § § 138 to 143 of the Act apply to the supply of products to the verification series.
(4) The supplier is obliged to conclude a contract under these basic conditions even if the costs are not covered by the budget of the Ministry of Defence.
Economic contracts for the development of military equipment
(1) Economic contracts for the development of military equipment (hereinafter referred to as "contracts") must comply with the agreed technical development plan in terms of time and subject matter. Contracts shall include:
(a) the name of the task, indicating the number of negotiations with the supplier discussed and the Ministry of National Defence approved by the tactico-technical requirements;
(b) the deadline for submitting the preliminary project to the customer,
(c) the deadline for the customer's comments on the preliminary project;
(d) the deadline for submission of the final project to the customer;
(e) the deadline for the customer's comments on the final project;
(f) the deadline for the submission of a report on the conduct of business tests by customers;
(g) the deadline for the customer's comments on the results of the business tests;
(h) the number of prototypes and the time limit for transmission of prototypes corresponding to the approved final project to the customer for carrying out control tests;
(i) the time limit for transmission of the extract from the report on the results of the checks to the supplier;
(j) the number of prototypes and the deadline for the transmission of prototypes (newly produced or after previous modifications) to customers for conducting military tests;
(k) the deadline for the transmission of the evaluation of the results of the military tests to the supplier with the scope of the required modifications in accordance with the tactico-technical requirements;
(l) the time limit for making adjustments after military tests by the supplier;
(m) the deadline for the customer's comments on the adjustments made;
(n) the time limit for drawing up the documentation for the verification series and its approval by the customer;
(o) the total cost of development and its distribution between the different stages of development (points (a), (b), (d), (f), (j), (l) and (n))], with an indication of the price limit (preliminary) of one unit (set, unit, quantity) of serial production and the planned capacity of the undertaking for each stage of development in design and prototype hours (the precision price limit will be drawn up on the basis of the prototype produced and tested);
(p) method of financing and invoicing;
(r) other arrangements, such as the merging of certain stages of development and, where applicable, tests, other stages, the scope of the envisaged documentation, the arrangements for the submission of a draft timetable for preparation of production, cooperation and the scope of the customer's obligations to provide the necessary material and combat techniques, the test area for tests, etc.
(2) A single contract shall be concluded for the entire period of development which shall be specified or supplemented, where appropriate annually, at the dates corresponding to the normal planning methodology. Contracts shall be concluded on forms issued by the Ministry of National Defence.
Method of conclusion of contracts
(1) The collector shall send to the supplier designated by the Ministry of Production no later than 60 days before the scheduled start of the work on the task by means of contract forms stating the name of the task and the relevant technical requirements. In addition, it shall indicate whether and what assistance and cooperation it intends to provide to suppliers in their development. The forms shall be sent in the necessary number of copies for each task.
(2) The supplier shall send the customer a draft contract in the agreed number of copies no later than 30 days after receipt of the forms. In all copies, the supplier shall fill in the time limit for each stage as planned, indicate the total cost and its allocation per stage, its request for cooperation and assistance to the customer, the extent of the documentation envisaged, etc., and sign all copies. The collector shall sign the contract, return it to the supplier within 15 days of receipt and retain the necessary number of copies. If the customer does not agree with certain provisions of the draft contract, the contract shall be accompanied by a signed schedule of amendments which he proposes in the same number of copies.
(3) The supplier shall, within 20 days of receipt of the contract to which the list of amendments have been attached, remove discrepancies in the contract in agreement with the customer. If no agreement is reached within this period or with the assistance of the superior authorities, the supplier shall submit unagreed discrepancies to the decision within a further 5 days of the State Arbitration of the CSSR; If they do not do so, they have accepted the contract text according to the customer's proposal.
Method of financing and invoicing
Financing and invoicing are governed by specific regulations. *)
Penalties
(1) A supplier who is late in delivering the preliminary project, the final project, the agreed number of prototypes, whether for inspection or military tests, is obliged to pay the customer a penalty of 4% of the planned load of the development of the relevant stage.
(2) A supplier who is late in supplying documentation for the verification series is obliged to pay the customer a penalty of 2% of the total planned load of development.
(3) A collector who is late in fulfilling the obligations referred to in § 2 (1) (c), (e), (i), (k) and (m) is obliged to pay a penalty payment of 2% of the planned load of the following stage.
Processing of documents
The information and documents relating to the supply of works and prototypes in the development of military equipment shall be treated by the supplier in accordance with the applicable confidentiality directives. Only the most reliable persons may be informed of these facts and documents. Copies of invoices or other documents relating to the development of military equipment shall not be submitted to the financial institution of the supplier.
This decree shall take effect on 1 April 1961.
Minister:
Army General Lomský v. r.
*) Decree No. 225 / 1959 Ú. l.
* *) Decree of the Ministry of National Defence No. 6 / 1959 Ú. l.
*) Decree of the President of the State Planning Commission and Minister of Finance No. 196 / 1959 Ú. l., on increasing material interest in the development and implementation of new technology, and the interpretation of the Ministry of Finance on this decree.
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Regulation Information
| Citation | Decree of the Ministry of National Defence No. 29 / 1961 Coll., which issues basic conditions of supply of works and prototypes in the development of military equipment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1961 |
|---|---|
| Effective from | 01.04.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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