In case of the change in price of the contract the state customer shall charge penalties and penalty fee proceeding from new price

Such conclusion follows from the letter of the Ministry of Economic Development. Department already stated a similar line item earlier, for example in September, 2016.
It is known that the size of a penalty is established in the state contract in the form of a fixed amount which is calculated from its price. The size of a penalty fee also depends on it.
Situations when the price of the contract changes are possible, for example in case of increase or reduction of a quantity of goods, amount of works, services. In such cases in practice there is a question: in case of violation of liabilities by the contractor it is necessary to charge penalties taking into account original or new price of the contract?
With respect thereto recommendations of the Ministry of Economic Development were necessary. Department considers that the state customer should choose the second option - to collect a penalty, a penalty fee proceeding from new price of the contract.
Let's remind, under the Law N 44-FZ it is necessary to enshrine responsibility of its parties for non-execution or improper execution of liabilities in the contract. For violation of this requirement the official of the customer is threatened by a penalty in the amount of 3 thousand rubles.
Document: Letter of the Ministry of Economic Development of the Russian Federation of 12.12.2016 N D28i-3400