For performance of works, not provided by the state contract, the customer needs to carry out separate purchase

7 March 2017, Tuesday

If in case of performance of the contract there was a need for the works or materials which aren't provided by it to the customer it is necessary to carry out separate purchase under the Law N 44-FZ. Such opinion expressed in "letter" of the Ministry of Economic Development. Department took a similar position also "earlier".
In new explanations the state agency also "noted": it is impossible to demand from the winner of purchase to perform the works which aren't specified in the notice on purchase, procurement documentation, the request and the contract.
The ministry proved this conclusion by provisions of the Law N 44-FZ. According to them the contract is signed on conditions, determined including in procurement documentation and the request.
Let's remind, it is possible to increase amount of works under the contract and without purchase execution. Under the Law N 44-FZ it is admissible by agreement of the parties if the amount increases no more than for 10%. At the same time such opportunity shall be established in the contract and documentation on purchase or in the contract when purchasing at the unique supplier.
Document: Letter of the Ministry of Economic Development of the Russian Federation of 16.12.2016 N D28i-3541

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