What terms of the contract cannot be changed in connection with the coronavirus and other explanations on public procurement
FAS Russia answered questions about what terms of the contract cannot be changed due to coronavirus, what to consider when unilaterally canceling a contract with a supplier, which documents will confirm compliance with additional requirements.
What contract terms cannot be changed due to coronavirus
If the contract cannot be fulfilled due to the coronavirus, then in 2020 its essential conditions can be changed, including in terms of price. The Office clarified that in this case it is impossible to change the quantity of goods (the volume of work or services) with a proportional adjustment of the price.
To change the quantity of goods, you need to apply paragraphs. "b" p. 1 h. 1 Article 95 of the Law N 44-ФЗ.
What to consider when unilaterally terminating a contract with a supplier
The customer has the right to terminate the contract unilaterally upon its execution, if such a condition was provided. This rule also applies to contracts concluded under clauses 4 and 5 of Part 1 of Art. 93 of the Law N 44-ФЗ (small purchases).
The Office indicated: in spite of the fact that information on small purchases is not included in the register of contracts, the customer’s decision on unilateral refusal under such contracts must be placed in the UIS.
What documents confirm compliance with additional requirements
Participants in certain procurements with additional requirements must confirm their experience, among other things, with a completed contract or agreement, for example, during construction procurements with NMCC more than 10 million rubles.
The Office indicated that for this you can provide a copy of the state contract (municipal contract) or any civil law contract concluded in accordance with the Civil Code of the Russian Federation for the implementation of the relevant work.
Recall that the antimonopoly authority explained earlier that nothing needs to be attached to the copy (for example, design and estimate documentation). The absence of applications in the application does not mean that the participant does not have the relevant experience.
Document: Overview of clarification of legislation on placing orders for state and municipal needs.