The Ministry of Finance explained how to increase the advance payment under the municipal contract in 2020, and other issues
The Agency explained the issues under Law N 44-FZ: what to consider when changing in 2020 in connection with the coronavirus advance payment for municipal contracts that were concluded earlier, how to calculate the enforcement of the contract with the food supplier, how to confirm the country of origin of medicines.
What to consider when increasing the advance payment for municipal contracts that were signed earlier in 2020
If the contract cannot be fulfilled due to the coronavirus, then in 2020, by agreement of the parties, its essential terms can be changed, including in terms of the advance payment. To do this, you need to meet certain conditions.
When adjusting the amount of the advance, it is necessary to take into account the budget from which the contract is financed.
So, if the contract is financed from municipal funds, then you can increase the advance that is provided for in it, within the limits defined by the municipal act.
The contract can also be financed by subsidies that are allocated from the regional budget to the local one. For example, a contract for the construction of municipal facilities. In this case, the new advance may not exceed 50% of its amount, unless otherwise established by the government.
When to send information for inclusion in the contract register after acceptance
The Ministry of Finance reminded: within 5 working days from the date of acceptance of the goods (works, services), the customer must send information about the performance for inclusion in the register of contracts.
Mandatory deadlines are set for the payment of contracts. You will not be able to pay for the contract on time if the information is not in the contract register.
How to calculate the security of a contract with a single supplier
In some cases, the condition for securing the performance of the contract with the supplier may not be set.
The Agency indicated that if the customer decided to request security, it is provided in the same manner as for other procurement methods. You need to calculate it from the contract price.
How to confirm the country of origin of medicines if there are restrictions on admission
The Ministry of Finance reminded: if the customer has established a restriction on the admission of foreign medicines from the list of VED, the participants in the application confirm the country of origin of the goods with one of the documents. For example, the ST-1 certificate.
The law does not provide that you can require such documents when taking medicines. The customer himself determines in the contract the order of acceptance, as well as the registration of its results. This procedure should ensure acceptance of such goods that meet the conditions of purchase, including the requirement of the country of origin of the goods.
Documents:
Letter of the Ministry of Finance of the Russian Federation dated 06.08.2020 N 24-03-08/68963
Letter of the Ministry of Finance of the Russian Federation dated 06.08.2020 N 24-03-08/68859
Letter of the Ministry of Finance of the Russian Federation dated 03.08.2020 N 24-03-08/67731
Letter of the Ministry of Finance of the Russian Federation dated 05.08.2020 N 24-03-07/68598