If the contract price is equal to the upper limit of the range specified in the Rules, the penalty must be assigned in the amount provided for this range. For example, when a contract is concluded at a price of 50 million rubles, the fine under point 3 of the Rules should be five percent of this price, and not one percent.
The Office also explained what should be the penalty for violations (other than delinquency) by the supplier of contractual obligations when purchasing from the small medium business and social orientedand non-profit organizations:
- if the purchase has not taken place and the contract is concluded with the sole supplier, the fine is still set in accordance with clause 4 of the Rules;
- if the contract is concluded on the basis of the electronic auction for an increase, the penalty must be established in accordance with clause 5.
Documents: Letter of the Ministry of Finance of Russia as of 10/06/2017 N 24-05-07 / 65542