Is it possible to increase the quantity of goods when signing a contract if the purchase falls under the scope of Order No. 126n?
In their letter, the specialists of the Ministry of Finance of the Russian Federation explained that when forming and placing a draft contract, the customer has the right to increase the quantity of delivered goods by an amount not exceeding the difference between the contract price offered by the winner, taking into account the reduction provided for by the order of the Ministry of Finance of the Russian Federation dated 04.06.2018 N 126n, and the initial (maximum) contract price.
Recall that when forming and placing a draft contract, the customer has the right (except for the case provided for in part 24 of Article 22 of Federal Law No. 44) to increase the quantity of delivered goods by an amount not exceeding the difference between the contract price provided for in subparagraph "b" of paragraph 1 of Part 2 of Article 51 of Federal Law No. 44 and the initial (maximum) the price of the contract. In this case, the price of a unit of goods must not exceed the price of such a unit, determined as a quotient of the division of the contract price by the quantity of goods provided for in the notice. The participant has the right to refuse to conclude a contract on such terms by forming a protocol of disagreements (paragraph 2 of part 2 of Article 51 of Federal Law No. 44).
Document: Letter of the Ministry of Finance of the Russian Federation dated August 25, 2023 N 24-06-06/80771