The Ministry of Finance of the Russian Federation explained the specifics of determining the amount of security for the performance of the contract, if the calculations under the contract regarding the payment of an advance are subject to treasury support:
- part 6 of Article 96 of Law No. 44-FZ provides that if the customer establishes, in accordance with the specified article, the requirement to ensure the performance of the contract, the amount of such security is established in accordance with Law No. 44-FZ in the notice of procurement, procurement documentation, draft contract, invitation in the amount of 0.5 percent to 30 percent the initial (maximum) price of the contract (hereinafter referred to as NMCC), except in cases provided for in parts 6.1 - 6.2-1 this article;
- if, in accordance with the legislation of the Russian Federation, settlements under the contract regarding the payment of an advance are subject to treasury support, the amount of contract enforcement is established by the customer from the NMCC (from the contract price in the case provided for in part 6.2 of Article 96 of Law No. 44-FZ at the conclusion of the contract based on the results of determining suppliers (contractors, performers) in accordance with paragraph 1 part 1 of Article 30 of Law No. 44-FZ), reduced by the amount of such an advance (paragraph 3 of Part 6 of Article 96 of Law No. 44-FZ);
- if the calculations under the contract regarding the payment of an advance are subject to treasury support, the contract enforcement is established by the customer in the amount of 0.5 percent to 30 percent of the NMCC, reduced by the amount of such an advance, and in the case of concluding a contract based on the results of determining the supplier (contractor, contractor) in accordance with paragraph 1 of part 1 of the article 30 of Law No. 44-FZ - from the contract price, reduced by the amount of such an advance.
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