The agreement signed by the unitary enterprise providing a possibility of its prolongation is valid in 2017

According to representatives of department, the customer isn't obliged to terminate the agreement signed according to provisions of the Law N 223-FL and providing prolongation the next year because the Federal law of 03.07.2016 N 321-FL on January 1, 2017 will come into force.

As specialists of the Ministry of Economic Development of the Russian Federation specify, in case of agreement performance according to the p. 5 of Art. 4 of the Law N 223-FL entering of changes into it concerning amount, the price of the purchased goods, works, services or completion dates in comparison with specified in the protocol constituted by results of purchase is lawful. Therefore, in their opinion, if the right of prolongation of such agreement is provided by the agreement signed following the results of purchase and at the same time in case of prolongation essential terms of the contract don't change (except for amount, the price of the purchased goods, works, services and terms of a contract), then prolongation of the duration of the agreement without holding a repeated procurement procedure doesn't contradict requirements of the Law N 223-FL. At the same time the customer needs to make changes to the agreement regarding terms of its execution and to place information on prolongation of the duration of the agreement in EIS within 10 days from the date of introduction of such changes. If the customer didn't make corresponding changes to the agreement and information on prolongation of the duration of the agreement isn't placed in EIS, the agreement is recognized performed.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 08.11.2016 N D28i-2915