If the entire contract by amounts is not selected. If the contract is executed for less than the amount of the concluded contract, is an agreement to terminate the contract or an agreement to amend the contract necessary? What law provides for this? If the contract duration


The customer entered into contracts with natural monopolies. Contracts are concluded for one amount, but in fact the customer pays a smaller amount (the reduction amount is more than 10%). Tell me how to correctly execute these contracts. Is an additional agreement required, and if so, on what basis?

Answer

Konstantin Edelev, expert of the State Order System

From August 14, 2019, the procedure for calculating fines under 44-FZ was changed: the requirement for a fixed amount was removed, and the penalty for SMP and SONO was reduced. In the article you will find all the current rules. Working with penalties will be simplified by examples of wording and judicial practice.

You can apply the provisions of subparagraph. “a” clause 1 part 1 art. 95 of Law No. 44-FZ. When reducing tariffs, clause 5, part 1, art. 95 of Law No. 44-FZ.

Conclusion of a contract for an amount less than indicated in the participant’s application

When making a purchase through an open tender, can the customer, with the prior consent of the contractor, enter into a contract (under clause 25, part 1, article 93 of Law No. 44-FZ) for an amount less than that specified in the participant’s application?

Solution

According to Part 1 of Art. 54 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ) based on the results of the competition, the contract is concluded on the terms specified in the application for participation in the competition submitted by the participant of the competition with whom the contract is concluded, and in the competition documentation. When concluding a contract, its price cannot exceed the initial (maximum) contract price specified in the notice of the tender.

In accordance with clause 25, part 1, art. 93 of Law No. 44-FZ, procurement from a single supplier (contractor, performer) can be carried out by the customer, including in the event that an open tender, a tender with limited participation, a two-stage tender, a repeated tender, an electronic auction, a request for quotations, a request for proposals are declared invalid in accordance with and , and , . Coordination of the conclusion of a contract in these cases, with the exception of cases of concluding contracts in accordance with and, and, is carried out when making procurements to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively, with the federal executive body authorized to exercise control in the field of procurement, or a control body in the field of state defense procurement, an executive body of a constituent entity of the Russian Federation, a local government body of a municipal district or a local government body of a city district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction.

Consequently, since when making a purchase through an open tender, the participant in his application also offers the contract price, the contract must be concluded at the price proposed by the procurement participant with whom the contract is concluded.

Thus, according to experts, the customer has no legal basis for concluding a contract at a price that is different from the price proposed in the participant’s application.

At the same time, it should be noted that, when executing a contract, it is possible to reduce the price of such a contract without changing the quantity of goods, volume of work or service provided for in the contract, the quality of the goods supplied, the work performed, the services provided and other terms of the contract, if such a possibility was provided for in the procurement documentation and contract.

Consequently, if the procurement documentation and the contract provide for the possibility of amending the contract on the basis of , then the parties have the right to reduce the contract price after concluding such a contract.

The magazine is the only magazine on whose pages practical explanations are given not only by leading industry experts, but also by specialists from the Federal Antimonopoly Service of Russia and the Ministry of Economic Development of Russia.


Essential terms of the contract Since Federal Law 44-FZ does not contain a definition of essential terms, it should be remembered what is considered such in accordance with the norms of the Civil Code of the Russian Federation:

  • subject of the contract;
  • volume (quantity);
  • Estimated delivery time;
  • price.

Attention: an unreasonable change in essential and other conditions inevitably threatens with a fine for officials (20 thousand rubles) and legal entities (200 thousand rubles) - Part 4 of Article 7.32 of the Code of Administrative Offenses of the Russian Federation. Legal change in the terms of the contract Clause 1 of Article 451 of the Civil Code of the Russian Federation declares a general rule for any contracts - change or termination is possible if the circumstances on which the agreement was based have changed significantly and a different procedure was not provided for by the document. For example, the installation of metal structures has been suspended due to deteriorating weather.

Additional agreement to the price change agreement

The written form is considered to be complied with if the contract form has been accepted in order to fulfill the terms of the offer. If there is an additional agreement, the necessary documents will be a contract and a notice of price change.


If the contract states that all changes must be formalized as a bilateral agreement. Additional agreement to increase the amount of the contract Additional agreement No. 2 to agreement No. 201 dated September 19, 2008.


Moscow " " 2008 Limited Liability Company "" . (license GS GS-1-0-48-041379-1 dated July 31, 2006, valid until July 31, 2011), hereinafter referred to as “Contractor”. represented by Director General. acting on the basis of the Charter, on the one hand, and the Limited Liability Company "", hereinafter referred to as the "Subcontractor", represented by the General Director.

Additional agreement to the contract, sample, form, standard form

Attention

Contract"), make the following changes and additions to the Contract: 1. The parties have agreed to provide services for the supply of equipment in accordance with the prices and volumes set out in the Specification attached to this additional agreement.


2.

The Contractor's obligation to the Customer to supply equipment arises from the moment the advance payment in the amount of 100% is credited to the Contractor's bank account. 3. The Customer transfers the advance on the basis of the invoice issued by the Contractor.

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The term for the provision of services for the supply of equipment is 45 (forty-five) calendar days from the moment the Customer issues an invoice to the Contractor and credits advance funds, in accordance with the terms of this additional agreement to the contract, in full to the Contractor’s bank account. 5. These changes come into force on June 2, 2014.


6. This agreement is an integral part of the Contract.

Additional agreement to increase the contract amount sample

Essential conditions are not subject to change (clause 2 of article 35 of Federal Law-44), except for the following cases specified in art. 95 Federal Law:

  • the procurement documentation and contract provide in advance for the possibility of changing some clauses;
  • reducing the limits of budget obligations;
  • with legislative regulation of prices (tariffs) for industrial and technical equipment (for example, an energy supply agreement);
  • when providing medical services to a citizen of the Russian Federation abroad, for which the contract stipulates the possibility of specifying the price;
  • by decision of the Government of the country, when the execution of a federal contract for a period of 3 years or more at a price of over 10 billion rubles. it is impossible without changing its conditions;
  • by decision of the highest executive body of government of a constituent entity of the Russian Federation, when the execution of a contract to meet the needs of the subject for a period of 3 years or more at a cost of more than 1 billion rubles.

Additional agreement to reduce the contract amount sample

SAMPLE FORM OF AN ADDITIONAL AGREEMENT TO A GOVERNMENT CONTRACT ON REDUCING THE PRICE OF A GOVERNMENT CONTRACT Additional agreement on increasing the amount of the contract Additional agreement No. 2 to agreement No. 201 dated September 19, 2008. Moscow " " 2008 Limited Liability Company "" .
(license GS GS-1-0-48-041379-1 dated July 31, 2006, valid until July 31, 2011), hereinafter referred to as “Contractor”. represented by Director General. acting on the basis of the Charter, on the one hand, and the Limited Liability Company "", hereinafter referred to as the "Subcontractor", represented by the General Director. acting on the basis of the Charter, on the other hand, have entered into this additional agreement as follows: 1. The parties have agreed that the total price of the work performed by the Subcontractor in accordance with Article 1 of this Agreement.

Additional agreement to the supply contract - sample

The following agreement was drawn up (attached). Question: 1) Is it drawn up legally correctly? 2) If the model is suddenly replaced with a spare version with a lower fee, does this amount need to be returned and does this need to be indicated in the contract? 3) what are the pitfalls of this particular agreement? 0 Are all the points in this agreement indicated so that we can speak with confidence about its legal force? As an example: if the contract does not indicate the terms, then it is not valid! Are there similar “tricks” here?

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  • additional agreement to the contract How to reduce the amount of loan debt A borrower can significantly reduce the amount of debt on loans taken several times. This can be done in one of the following steps: Through negotiations with the bank.

Additional agreement to the contract on changing the contract price

Add to favoritesSend by email An additional agreement to a price change agreement allows the parties to a transaction to record their agreements regarding the amount of the agreement after the agreement has already been concluded and has entailed certain legal consequences. In what form is this agreement drawn up and what should it contain? The answers to these questions are in the article. The procedure for concluding an additional agreement to change the amount of the contract Additional agreement to change the price of the contract: content, sample Results The procedure for concluding an additional agreement to change the amount of the contract Change of circumstances that influenced the agreement of the parties on the cost of goods, work or services, based on clause 1 of Art. 451 of the Civil Code may be the basis for the parties to make appropriate changes to the terms of the transaction regarding the price of the contract. Changing the contract price in accordance with clause 1 of Art.

Additional agreement to the contract

Parties, and comes into force from the moment it is signed by both parties. 6. This Additional Agreement is drawn up in two copies having equal legal force, one copy for each of the parties.

Details of the parties: Party 1: Party 2: Signatures of the parties: ADDITIONAL AGREEMENT ON CHANGING THE PRICE OF THE AGREEMENT ADDITIONAL AGREEMENT No. to the agreement No. dated 20 Moscow 20, in the person acting on the basis, and in the person acting on the basis , on the other hand, hereinafter the Parties have signed this additional agreement No. (hereinafter referred to as the Agreement), on the following: 1.

The clause of the contract is amended and stated as follows: The cost of work (services) is determined on the basis, and in accordance with the invoices submitted by the Contractor to the contract is () . including VAT 18% rub. (Appendix No. to the agreement). 2.
Settlements between the parties are made by payment orders, transfer of non-cash funds from the Buyer's current account to the Supplier's current account or in cash by depositing them into the Supplier's cash desk, subject to the size restrictions of current legislation. 2. Settlements between the parties are made as follows: () interest is paid by payment orders, transfer of non-cash funds from the Buyer's current account to the Supplier's current account 3. Settlements between the parties are made using a (revocable/irrevocable) letter of credit opened with the bank. The terms of the letter of credit will be agreed upon by the parties within days from the date of conclusion of this agreement.
4.
This agreement is drawn up in 2 copies, each having equal legal force, and is an integral part of the agreement. 7. This agreement comes into force from the moment of signing. 8. Appendixes: Appendix No. 1 on two sheets, Appendix No. 3 on three sheets. 9. Addresses, details and signatures of the parties Additional agreement to the contract for reducing the amount sample Housing Code of the Russian Federation The total area is the sum of the areas of all parts.

Lessor reducing the amount - How can the lessor change the terms of the contract? ADDITIONAL AGREEMENT No. to contract No. dated " " 20 Moscow " " 20 represented by. With a part-time day, the number of working hours during the day decreases (for example.

An additional agreement to the employment contract may look like this: agreement to the employment contract, an order should be issued (sample 2). Could you post a sample of such an add-on?

Additional agreement to the contract for performance for a smaller amount, sample download

of the Charter, on the other hand, have entered into this additional agreement as follows: 1. The parties have agreed that the total price of the work performed by the Subcontractor in accordance with Article 1 of this Agreement. subject to increase by the amount of 03 kopecks, and is 29 kopecks. 2. In accordance with the fact that the total amount of the contract has changed upward, the parties have agreed that, no later than 10 (ten) days from the date of conclusion of this Additional Agreement, the Contractor transfers to the Subcontractor the fourth advance payment in the amount of organization of production of translucent structures, and organization of construction and installation work, no later than 20 (twenty) days from the date of conclusion of this Additional Agreement. The Contractor transfers to the Subcontractor the fifth advance payment in the amount of 3. Replace the Estimate Calculation Appendix No. 2 to the contract dated 09.19.2008. No. 201.
Having signed a contract, it is naive to believe that the terms of its execution will not change. Life sometimes makes its own adjustments, which can be formalized by an additional agreement, fortunately the Civil Code of the Russian Federation (Civil Code of the Russian Federation) allows this (Article 451). Registration of additional agreements A document by agreement of the parties supplements, changes or cancels the current agreement, is part of it, but does not function without the main agreement. Therefore, it necessarily contains the following positions:

  1. Contract details.
  2. A copy of the preamble from the contract.
  3. Details and addresses of the parties.
  4. Signature and seal of both parties.
  5. Prescribes changes, subject to the obligatory condition that all other points remain unchanged.
  6. Issued in two copies.

The clauses that have undergone changes become invalid from the moment the additional agreement comes into force.

The municipal contract was executed for a lesser amount than stated due to the work not being completed in full. The customer's actions in this situation: Internal renovation of the building was carried out, the estimates indicated inflated indicators: square footage of walls covered with wallpaper, quantity of materials, etc. In fact, the amount of work performed was less than stated. The contract expired on 02/28/17

Answer

In this situation, enter into an agreement to terminate the contract. Termination of a contract by mutual agreement is the most painless way for the parties, since: the customer does not enter information about the supplier into the register of unscrupulous suppliers (Part 2 of Article 104 of the Law of April 5, 2013 No. 44-FZ); for each violation Violation of the procurement procedure, which can be qualified under Article 293 of the Criminal Code of the Russian Federation “Negligence” - Overestimation of the volume of work performed when signing acts - Payment for uncompleted work - Payment for work not provided for in the contract (including as a result of misgrading) - Overestimation of the cost of work as a result of improper justification of the contract price - Improper conduct of claims work - Fine in the amount of up to 120,000 rubles or in the amount of wages for a period of up to one year - Compulsory work for a period of up to 360 hours - Correctional work for a period of up to 1 year - Arrest for up to 3 months* From the article in the magazine “State Order in Questions and Answers”, No. 8 August 2016 reference system “State Order” Formation of documentation for repairs A budgetary institution is preparing a purchase for the repair and reconstruction of a building in accordance with Law No. 44-FZ. Some types of installation work require SRO approvals. Should the customer necessarily attach design and estimate documentation for installation work or is a technical specification for the work sufficient?

Protocol (enter the required one) No. (value) from (day, month, year)). 2. Mutual settlements between the Parties under contract No. dated "" 20 were made in full. At the time of concluding this agreement, the Supplier delivered goods (services provided, work performed) for the amount of () rubles kopecks. For the goods supplied (services provided, work performed), the Customer made payment in full in the amount of () rubles kopecks. The parties have no claims against each other. If the goods (services, work) are not delivered (provided, performed) in full, it is possible to indicate the following: The Supplier has the right to demand payment in full for the actual quantity of goods delivered (services provided, work performed), and the Customer is obliged to accept and pay the actual quantity of goods delivered (services provided, work performed).

Is it necessary to make an additional agreement to terminate the contract if the amount decreases?

Attention

For violation of the requirements for maintaining a register of contracts, the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a fine. The customer should remember the reporting established by Art. 94 Federal Law No. 44. So, according to Part 9 of Art. 94 Federal Law No. 44 the results of a separate stage of contract execution (except for the contract concluded in accordance with paragraph.


4 or clause 5, part 1, art. 93 of the said law), as well as information about the delivered goods (work performed, service rendered) are reflected by the customer in a report containing information: 1) on the execution of the contract (results of a separate stage of contract execution: delivery of goods, work performed or service rendered, including . h.

Additional agreement on termination of the contract

However, based on established practice, the document must contain the following attributes:

  • name: “Agreement on termination of contract No. dated”;
  • place of compilation;
  • date of signing;
  • names of counterparties indicating signatories and their powers;
  • conditions for termination of the contract;
  • grounds for termination of the contract in cases where it is provided for by law or the contract itself;
  • date of termination of the contract (wording such as “terminates from the moment of signing” is also possible);
  • consequences of termination, for example, a guarantee from one of the partners to pay for services already provided;
  • details and signatures.

Additional sample agreements on termination of the contract can be viewed at the link Agreement on termination of the contract - sample. In some situations, other documents may need to be attached to the agreement.

Termination of the contract by agreement of the parties 44-FZ

Important

In this case, he is obliged to formalize the termination of the contract unilaterally 44 Federal Laws or by a court decision, because improper execution of the contract leads to liability in the form of fines, penalties, as well as the inclusion of the supplier in the register of unscrupulous ones (as opposed to a mutual decision). Step 2. Draw up a document on termination by agreement of the parties. It is necessary to document the termination of the rights and obligations of the customer and supplier and reflect their mutual agreement on the termination of legal relations.


Info

You can find a sample of such a document below. Step 3. Return the collateral. When the contract is terminated by agreement of the parties, all obligations under it are terminated (clause 2 of Article 453 of the Civil Code of the Russian Federation). The deadline for the return of funds is indicated either in the contract itself or in the termination agreement.


Otherwise, the customer’s actions may be considered as unjust enrichment (clause 1 of Article 1102 of the Civil Code of the Russian Federation).

Termination of the contract by agreement of the parties (Part 8 of Article 95 Federal Law No. 44)

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Author: Cherdantseva Tatyana July 5, 2017 The Civil Code and 44-FZ allow you to terminate a contract before all obligations under it are fulfilled. Let's figure out how to do this. Termination of the contract is allowed under 44 Federal Laws by agreement of the parties, in court, and unilateral termination of the contract under 44 Federal Laws by the customer or supplier is also provided for. Let's consider a case where the parties have come to a mutual decision that further fulfillment of the terms of the contract is impossible.


The concept of termination by agreement of the parties Art. 95 of the Law on the Contract System provides for the possibility of terminating the contract by decision of the parties. However, the grounds and procedure for action have not been established.

Sample termination agreement

These are force majeure circumstances (or otherwise - force majeure circumstances), namely: earthquakes, floods, snow drifts, riots, civil wars, strikes, etc. That is, everything that disrupts the normal operation of transport, equipment, communications etc. and is characterized primarily by its extremeness (unusuality), falling out of the normal course of development, and, as a rule, is an unforeseen phenomenon, thereby preventing the timely delivery of goods. Let us note that, according to Article 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract.
Therefore, the termination agreement must be in writing and signed by the parties. In Art.

Sample agreement to terminate a contract under 44-FZ

The bank guarantee is non-refundable. Step 4. Place information in the Unified Information System (UIS). Within one working day after the date of termination of obligations by agreement of the parties, information about this fact is posted in the Unified Information System, with the exception of state secrets (Part 26 of Article 95). And according to the Decree of the Government of the Russian Federation of November 28, 2013 N 1093, a report on the execution of the contract is posted within 7 working days from the date of termination of obligations.
Sample agreement and requirements for it The agreement is drawn up in writing in two copies, which have equal legal force, one each for the customer and the supplier. The form is not regulated by legal acts, but it is advisable to indicate the following data:

  • contact details of the customer and supplier;
  • conclusion about a mutual decision based on Part 8 of Art. 44-FZ, part 1 art.

Forum about government procurement and tenders good-tender

However, these include the following cases:

  • the government customer no longer needs to provide further supplies or services; for example, a reduction in staff leads to a reduction in the volume of services to improve the qualifications of employees;
  • the supplier is further unable to fulfill his obligations under the contract for reasons beyond his control, for example, due to force majeure (natural disasters, wars, strikes, which falls outside the normal course of events and prevents the timely delivery of goods or the performance of work or services) .

The customer does not have the right to terminate the contract by mutual decision if the supplier has violated the essential terms. For example, repeated violation of delivery deadlines or delivery of goods of inadequate quality.
The remaining product (service, work) is not supplied by the supplier (it turns out that it is being performed) and, accordingly, is not paid for by the customer. 3. The obligations of the Parties under contract No. dated " " 20 terminate from the moment of signing this Agreement. 4. The Agreement is drawn up in two copies having equal legal force, one copy for each Party.
5.

Details and signatures of the Parties: CUSTOMER SUPPLIER (CONTRACTOR, CONTRACTOR) F.I.O.M.P.F.I.O.M.P. Donchenko Olga Sergeevna, legal consultant of the Unified Center for Consultations on Government Procurement (www.ecgz.ru) STC "Orientir" 06/02/2015 Do you still have questions about how to terminate a contract by agreement of the parties? You can ask questions on this topic to ECHC specialists.

Additional agreement on termination of the contract for performance in the amount of

The Civil Code of the Russian Federation establishes that a change in circumstances is considered significant when they have changed so much that, if the parties could have reasonably foreseen this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms. In practice, there are several situations when parties to an agreement can terminate a contract. So, mutual termination of the contract is possible, firstly, if the supplier is unable to fulfill its obligations under the contract for reasons beyond its control (for example, the contract has expired, and the customer has not selected all the goods, respectively, the supplier has not delivered all the goods).
Secondly, when there is no longer a need to supply goods from the customer. Thirdly, when the contract cannot be performed due to force majeure circumstances.
In Part 8 of Art. 95 of the Federal Law of 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law No. 44) establishes that termination of a contract is allowed by agreement of the parties, by a court decision, in the case of unilateral refusal of a party to a contract to fulfill the contract in accordance with civil law. Article 95 of Federal Law No. 44 describes in detail only the procedure for unilateral termination of a contract. As for terminating a contract by agreement of the parties, the law simply provides for such a possibility. We will consider the possibility of terminating the contract by agreement of the parties. According to Part 14 of Art. 34 Federal Law No. 44, a contract may contain a condition on the possibility of unilateral refusal to fulfill the contract in accordance with the provisions of parts 8-26 of Art. 95 Federal Law No. 44. Also in Art.
Thus, upon termination of the lease agreement, the property must be returned to the lessor according to the acceptance certificate. This act will be an integral part of the termination agreement. Form of agreement to terminate the contract Clause 1, Art. 452 of the Civil Code of the Russian Federation contains a requirement that the form of termination of a contract corresponds to the form of its conclusion, therefore, an agreement on termination of transactions subject to state registration or notarization must also be registered or certified by a notary. IMPORTANT! This requirement does not apply to the compensation agreement, since it is an independent transaction that terminates the obligation by virtue of the direct instructions of the law, but not a termination agreement.

If there is no prohibition in the contract, then you have the right to the full amount of the contract.

Otherwise (if prohibited), the contract amount is reduced.

Art. 709 of the Civil Code of the Russian Federation is like this.

1. The work contract specifies the price of the work to be performed or the methods for determining it. If there are no such instructions in the contract, the price is determined in accordance with paragraph 3 of Article 424 of this Code.

2. The price in the contract includes compensation for the contractor’s costs and the remuneration due to him.

3. The price of the work can be determined by drawing up an estimate.

In the event that the work is carried out in accordance with the estimate drawn up by the contractor, the estimate becomes valid and becomes part of the contract from the moment it is confirmed by the customer.

4. The price of the work (estimate) can be approximate or fixed. In the absence of other instructions in the contract, the price of the work is considered fixed.

5. If there is a need to carry out additional work and, for this reason, a significant excess of the approximately determined price of the work, the contractor is obliged to promptly notify the customer about this. A customer who does not agree to exceed the price of work specified in the contract has the right to withdraw from the contract. In this case, the contractor may require the customer to pay him the price for the completed part of the work.

A contractor who fails to promptly warn the customer about the need to exceed the price of work specified in the contract is obliged to fulfill the contract, retaining the right to pay for the work at the price specified in the contract.

6. The contractor does not have the right to demand an increase in the fixed price, and the customer does not have the right to demand a decrease, including in the case when at the time of concluding the work contract it was impossible to provide for the full scope of work to be performed or the costs necessary for this.

If there is a significant increase in the cost of materials and equipment provided by the contractor, as well as services provided to him by third parties that could not have been foreseen at the conclusion of the contract, the contractor has the right to demand an increase in the established price, and if the customer refuses to fulfill this requirement, termination of the contract in accordance with Article 451 of this Code.

The fact that the customer made a mistake does not mean that the rights of the auction winner are diminished.

Art. 95 of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" requires agreement of the parties when changing the contract price.

1. Changing the essential terms of the contract during its execution is not allowed, with the exception of their change by agreement of the parties in the following cases:

1) if the possibility of changing the terms of the contract was provided for by the procurement documentation and the contract, and in the case of procurement from a single supplier (contractor, performer) by the contract:

a) when the contract price is reduced without changing the quantity of goods, volume of work or service provided for in the contract, the quality of the goods supplied, the work performed, the service provided and other terms of the contract;

b) if, at the customer’s proposal, the quantity of goods, the volume of work or services provided for in the contract is increased by no more than ten percent or the quantity of goods supplied, the volume of work performed or services provided under the contract is reduced by no more than ten percent. In this case, by agreement of the parties, it is allowed to change, taking into account the provisions of the budgetary legislation of the Russian Federation, the contract price in proportion to the additional quantity of goods, additional volume of work or service based on the price of a unit of goods, work or service established in the contract, but not more than ten percent of the contract price. When reducing the quantity of goods, volume of work or service provided for in the contract, the parties to the contract are obliged to reduce the contract price based on the unit price of the goods, work or service. The price of a unit of additionally supplied goods or the price of a unit of goods in the event of a decrease in the quantity of supplied goods provided for in the contract should be determined as the quotient of dividing the original contract price by the quantity of such goods provided for in the contract.

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