What terms of the contract can be changed and other explanations of the Ministry of Finance on public procurement
The Agency reminded about the subtleties that should be taken into account when adjusting the contract. For example, its subject, if the goods (works, services) are no longer necessary.
What consequences can be expected if the country of origin of the product is illegally replaced during delivery
The Ministry of Finance recalled that the legislation on the contract system has a set of measures to prevent abuse when replacing the country of origin of the delivered goods.
Country data is also sent for inclusion in the contract register.
If this information was incorrectly replaced, the contract information will not be added to the register. You can't pay for it.
In addition, the customer is obliged to cancel the contract unilaterally if it turns out that the product does not meet the purchase conditions. We are also talking about the country of origin of products.
What to consider in the criteria for evaluating applications
The Ministry of Finance reminded that the customer determines how to evaluate the bidders ' bids. The procedure and evaluation criteria (their significance values) are established within the evaluation rules and The law N 44-FZ. You can't use indicators that are not provided for in the rules.
In addition, requirements cannot reduce the number of participants. Sometimes customers use criteria that limit competition.
Can I change the subject of the contract if it is no longer necessary
According to the law N 44-FZ, it is impossible to change the subject of the contract, even if the goods (works, services) are no longer necessary.
In this case, the Agency recommends that the contract be terminated by agreement of the parties. The customer needs to pay for the actually executed part of the contract.
What can be changed in a standard contract (standard terms and conditions)
Such documents consist of a constant and variable part.
The Ministry of Finance reminded that you can only change the variable part, namely it is allowed:
-select one or more conditions (data) from the suggested options;
-enter information about the purchase.
When applying standard contracts (standard terms), take into account changes in legislation. If their provisions differ from the current acts, it is better for the customer to use up-to-date information. This was pointed out, in particular, by the Ministry of transport.
Documents:
Letter of the Ministry of Finance of the Russian Federation dated 13.08.2020 N 24-01-07/71216
Letter of the Ministry of Finance of the Russian Federation dated 13.08.2020 N 24-02-08/70973
Letter of the Ministry of Finance of the Russian Federation dated 13.08.2020 N 24-03-08/71230
Letter of the Ministry of Finance of the Russian Federation dated 28.07.2020 N 24-05-06/65908