The Ministry of Finance explained in which cases it is impossible to use information about a contract with a written-off penalty

4 March 2024, Monday

According to the Ministry of Finance, contracts with a written-off penalty cannot be used, including for calculating the initial (maximum) contract price by market analysis (collecting data from the register of contracts); confirming good faith in dumping; exemption from collateral when concluding a contract based on the results of procurement among SMEs and SONKO. To do this, you can only use contracts for which no penalty has been accrued for non-fulfillment or improper fulfillment of obligations.

The cancellation by the customer of the penalty accrued to the supplier assumes that the supplier does not have an unpaid penalty, but does not exclude the fact of its application to such a participant.

Document: Letter of the Ministry of Finance of the Russian Federation dated January 25, 2024 No. 24-06-06/5682 On the use in procurement of information on contracts Executed by the supplier (contractor, contractor), including when writing off penalties (fines, penalties) under the contract that were not written off by the customer

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