Under what conditions is it allowed to adjust contracts in connection with the "improvement" of the result of their execution?
In a letter prepared by specialists of the Ministry of Finance of the Russian Federation, in particular, it is noted that Law No. 44-FZ does not regulate specific quality parameters, technical and functional characteristics (consumer properties) that are improved in comparison with the quality and corresponding technical and functional characteristics specified in the contract. According to representatives of the Ministry, goods, works, and services with improved characteristics should have characteristics no worse than those specified in the contract. At the same time, the customer independently decides on compliance with the criterion of "improvement" of the goods, works, services offered instead of those provided for in the contract.
Recall that according to Part 7 of Article 95 of Law No. 44-FZ, when executing a contract, by agreement of the customer with the counterparty, it is allowed to supply goods, perform work or provide services, the quality, technical and functional characteristics (consumer properties) of which are improved in comparison with the quality and corresponding technical and functional characteristics specified in the contract. In this case, it is only possible to replace goods, works, and services already provided for in the contract with others without changing their quantity, contract price, and other terms of the contract.
Letter of the Ministry of Finance of the Russian Federation dated October 25, 2024 N 24-06-09/104115