The Ministry of Finance answered problematic questions on public procurement
The Agency explained: what features of contract security you need to know when purchasing from SMP and SONKO, what can be changed when reducing the LBO, what to consider when changing the terms of the contract concluded at the maximum price.
Features of securing contracts when purchasing from SMP and SONKO
Until December 31, 2020, when conducting purchases among SMP and SONKO, the customer may not establish a requirement to ensure the performance of the contract (guarantee obligations), if no advance payment is provided.
The Agency noted that this right applies exclusively to purchases made for SMP and SONKO. This option cannot be used when purchasing, which is carried out in accordance with part 5 of article 30 of the Law N 44-FZ.
Terms of the contract that can be changed when reducing the LBO
When reducing the LBO of the customer-state institution, you can change the essential terms of the contract by agreement of the parties.
The Agency clarified that on this basis, it is permissible to increase the term of the contract without changing the price and reducing the number of goods (volumes of work or services).
If an agreement is not reached, the customer must reduce the quantity of goods (amount of work, services) and proportionally reduce the price of the contract according to the method.
Features when changing a contract concluded at the maximum price
In some cases, the contract may be concluded at the maximum price. For example, a contract for the supply of motor fuel.
The Agency pointed out that in this case it is not possible to change the terms of the contract on the basis of paragraphs "a" and "b" of paragraph 1 of part 1 of article 95 of the Law N 44-FZ. After all, the price is not firm, but approximate, the volume is unknown.
Documents: Letter of the Ministry of Finance of Russia dated 30.04.2020 N 24-03-07 / 35664
Letter of the Ministry of Finance of the Russian Federation from 03.03.2020 N 24-03-07/15585
Letter of the Ministry of Finance of Russia dated 05.03.2020 N 24-03-07/16668