The procedure for reducing the size and changing the method of securing the contract in the course of its execution has been clarified
In particular, according to the changes made in part 7 of Art. 96 of the Law N 44-FZ, during the execution of the contract the counterparty has the right to change the method of ensuring the execution of the contract and (or) to provide new security in a reduced amount. Thus, a reduction in the amount of security is no longer a condition for changing the way the contract is secured.
Also specified the order of application of the provisions of the said rules. In accordance with the new part 7.2 of article 96 of the Law N 44-FZ size to ensure the fulfillment of the contract is reduced in proportion to the value of executed commitments by directing the customer registry contracts information about executed counterparty of the obligations or the performance of the contractual stage. The amount of security shall be reduced in proportion to the value of the obligations performed and assumed.
In this case, if as security, the amount of which was reduced, the counterparty has provided a Bank guarantee, the customer's claim for payment of sums of money under this guarantee may be presented in the amount of not more than the amount of security for the performance of the contract, calculated taking into account information on the performance of the contract from the register of contracts. In the case that the enforcement of the contract is performed by payment of cash, the customer at the request of the counterparty is returned within the contract period cash in the amount by which the reduced amount of maintenance of execution of the contract.
Reducing the amount of security for the execution of the contract is subject to the absence of outstanding counterparty claims for payment of penalties, as well as acceptance by the customer of the executed contract. Such a reduction is not allowed in cases determined by the Government of the Russian Federation in order to ensure the defense and security of the state, protection of health, rights and legitimate interests of citizens of the Russian Federation.
These changes come into force on July 1, 2019.
Document: Federal law of December 27, 2018 N 502-FZ "on amendments to the Federal law" on the contract system in the procurement of goods, works and services for state and municipal needs"