How to make and change state contracts from July 1
Set deadlines for the return of the security of the contract
The contract will need to continue to set a deadline for the return of funds. It should not exceed 30 days from the date of performance of obligations, and for purchases from NSR and SONKO — 15 days.
Defined how to set the prices of the contract stages
If the contract provides for stages of execution, the price of each of them will need to be set in an amount proportional to the reduction of the NMC by the participant with whom the contract is concluded.
Will introduce new mandatory provisions for contracts with an unknown amount of
When entering into a contract with an unknown volume, it will need to include the procedure for determining the quantity of goods, scope of work or services on the basis of customer applications.
In such contracts, you will need to specify the prices of units of goods, work, services and the maximum value of the contract price.
Tighten anti-dumping measures
Do not get the advance participants of the auctions and tenders, the offered price of the contract by 25 percent or more lower than the MSPC.
There will be more opportunities to revise the terms of the contract with a single supplier
By agreement of the parties, it will be possible to change the essential terms of contracts, if purchased, in particular:
services of natural monopolies;
utilities, gas supply services, connection to networks;
apartment building management services;
services in the maintenance, repair, protection of the premises transferred to the customer for free use or operational management;
electricity or energy services;
rent of non-residential buildings and premises.
Introduce new grounds for changing the essential conditions of "construction" contracts
You can change not only the volume but also the type of work performed. The price should not increase or decrease by more than 10%. This basis must be specified in the procurement documentation and the contract.
It will be possible to extend any contract if the terms are violated due to the fault of the contractor or circumstances beyond the control of the parties. The additional time should not exceed the initial period. The parties will have to agree on a new deadline for the return of the amount provided to secure the contract. If the violation of the initial term the fault of the contractor, before the conclusion of the additional agreement it needs to pay all assessed penalty and to provide security for the new term.
In contracts with a maturity of more than one year, the price and maturity could be increased by 30% if there were obstacles beyond the control of the parties, such as the need to finalize project documentation. The initial price of the contract must not exceed the limit set by the government. To change the conditions, a decision of the government, the highest Executive body of the region or the local administration is necessary.
The customer will be able to sign a contract with the second participant without bidding
In case of termination of the contract for any reason, a new one can be concluded with the participant whose application is assigned a second number. In this case, the first contractor should be included in the RNP, if the contract was refused by the customer. This restriction does not apply to the supply of goods for normal life support.
Document: Federal law of 01.05.2019 N 71-FZ (effective 01.07.2009)