It is useful to know: in which cases it is possible to change the subject of the contract
The Ministry of Finance of the Russian Federation explained in which case it is possible to replace the services, works or goods provided for in the contract with others.
The letter dated 11.10.2024 No. 24-08-08/98618 states that the contract is concluded on the terms provided for by the notice of purchase or invitation, purchase documentation, application of the procurement participant with whom the contract is concluded, except in cases where these documents are not provided.
As a general rule, when executing a contract, changes in its essential terms are not allowed, except in cases provided for by law.
Thus, 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, the relevant changes must be made by the customer to the register of contracts concluded by the customer.
The law does not regulate specific parameters of quality, 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 the Ministry of Finance of the Russian Federation, goods, works, services with improved parameters, qualities, technical and functional characteristics (consumer properties) should be no worse than the characteristics specified in the contract.
The customer has the right to make a decision on compliance with the criterion of "improvement" of goods, works, services offered instead of the goods, works, services provided for in the contract independently.
From the above, the specialists of the Ministry of Finance of the Russian Federation concluded that it is possible to change the terms of the contract regarding the supply of goods, performance of work or provision of services with the consent of the customer, as well as without changing the price, but only if the quality, as well as technical and functional characteristics of new goods, works or services are improved by compared to those specified in the contract.