Is it possible to change the terms of treasury support after the conclusion of the contract?
The Ministry of Finance of the Russian Federation has considered an application for the possibility of adjusting the terms of the contract in terms of treasury support with an increase in its price.
The Agency indicated that information about treasury support should be communicated to the procurement participants even at the stage of posting the notice. In accordance with clause 18, Part 1, Article 42 of Law No. 44-FZ, information about such support must be included in the notification if contract settlements or advance payments are subject to treasury support.
The Ministry of Finance recalled that, according to Part 1 of Article 34 of Law No. 44-FZ, the contract is concluded on the terms contained in the procurement notice and the participant's application. At the same time, Part 2 of the same article establishes that changes in the essential terms of the contract during its conclusion and execution are not allowed, except in cases expressly provided for by law.