home Sample Documents Additional agreement under 44 FZ

Additional agreement under 44 FZ

An additional agreement is no less important document than the contract itself. We tell you when you can conclude an additional agreement and how to draw it up.

Legislation allows you to change or supplement an agreement already concluded between the parties, including those agreements that are concluded under Law No. 44-FZ. An additional agreement is a document that amends the contract concluded as a result of the procurement procedure.

It should be noted that the additional agreement is an integral part of an already existing obligation and after its signing comes into force. Accordingly, the changes made to the previously signed obligation also come into force.

Do not confuse an addendum to a government contract with additional documents. Additional documents are all kinds of papers that may be necessary and useful in order to fulfill the contract itself.

Additional agreement to the contract under 44-FZ + sample

For example, the terms of reference for the performance of certain works.

Addendum to the contract, sample

When can I sign

So, let's take a closer look at the cases in which Law No. 44-FZ "permits" to change or supplement obligations already signed by the parties with the help of an additional agreement.

Transformation of essential conditions is possible under the following circumstances:

if such a possibility is indicated in the contract itself;
if the previously signed obligation was concluded with a single supplier, then, firstly, when the price of the contract decreases without any changes in the quantity of goods supplied, and secondly, at the suggestion of the customer, the quantity of goods increases by no more than 10% or, conversely, decreases given volume;
if the cost is more than the amount established by the Government of the Russian Federation, and its execution due to circumstances beyond the control of the parties to the contract is impossible without its transformation (this condition also applies to both federal needs and the needs of the subject and municipal needs);
introduction of any changes in prices (tariffs) for certain types of goods, works or services;
in the event that the limits previously brought to the customer have decreased (in accordance with paragraph 6 of article 161 of the RF BC). In such circumstances, the customer must ensure that the new terms of the previously concluded obligation are agreed;
if a contract is concluded with a foreign company for the treatment of a citizen of the Russian Federation, the cost of these services can be changed in either direction (higher or lower) depending on medical indications.

How to sign an addendum

An additional agreement to the state contract must be signed in the same form as the contract itself. Check that the addon contains the following information:

date and number of the agreement;
details of the state contract to which the supplementary agreement is signed;
changes or additions, while it is important to clearly state the quantity, timing, cost for each of the items;
on the basis of which changes can be made;
details and signatures.

Do not forget that the add-on must be registered with government agencies, usually the Treasury. Only after this addition will come into force.

Additional agreement to the contract (agreement) under 44-FZ

In the practice of tender procedures, there is often a need to conclude an additional agreement to the contract. In this article, we will consider the conditions under which possibly amendments to an already concluded contract.

Sample additional agreement to the state contract according to 44 fz

These conditions* are provided for by Article and Art. 95 of the said law, namely:

For example: it is necessary to supply furniture for the school: 100 tables and 100 chairs until 01.09. however, there was a need to supply tables until 01.06, and chairs until 01.09. The contract (initially, if it was written) provides for changes, the total scope of delivery has not changed and the cost as well. In this case, you can safely conclude an additional agreement. (the text of the agreement is at the very bottom of the page)

Consider the same supply of tables and chairs, but the customer's need has changed: it is necessary to supply 110 sets, or vice versa, the need has decreased (it is necessary to supply 90 sets). The customer needs to negotiate with the Supplier, agree with the supervisory authority, conclude an additional agreement to increase (decrease) the scope of delivery, while the contract price increases (decreases) in proportion to the scope of delivery.

Please note: according to this paragraph, the conclusion of an additional agreement is possible only on the basis of a decision of the Government of the Russian Federation and within the term of the contract from 3 years.

Consider an example, the conclusion of an additional agreement in accordance with this clause: an agreement is concluded for the provision of transport services for the population in any subject of the Russian Federation, let's say this tariff is set at 30 rubles for 1 trip, the agreement is concluded for a period for 3 years with a fixed fare of 35 rubles per trip. A situation arises in which it is impossible to fulfill this contract, regardless of the parties (for example, an increase in the cost of fuel and lubricants), upon agreement with the supreme executive body of this subject of the Russian Federation an additional agreement may be entered into.

In other words: if the contract is concluded for a period of 1 year and the price for the subject of the contract is set by the Government of the Russian Federation, provided that the price of the subject of the contract is exceeded, the conclusion of an additional agreement is possible after the decision of the local administration.

According to this paragraph, an additional agreement is concluded when the regulated prices are changed, while coordination is not required!

Currently, there are already cases associated with a decrease in funding!!

Dear Suppliers, based on paragraph 6 of Article 161, the Customer has the right reduce the volume of purchases by issuing an additional agreement, but having agreed this fact with the supervisory authority. Reducing funding is not a reason for termination of the contract at the initiative of the Supplier and does not lead to administrative liability of the Customer!

At the same time, the state or municipal customer, during the execution of the contract, must ensure that the new terms of the contract are agreed upon, including the terms for the execution of the contract (subclause 6, part 1, article 95 of Law No. 44-FZ). Let's not forget that the possibility of changing the terms of the contract should be provided for in the procurement documentation and the contract, and in the case of procurement from a single supplier (contractor, performer) - by contract.

According to Part 2 of Art. 34 of Law No. 44-FZ, when concluding and executing a contract, changing its mandatory conditions is not allowed, with the exception of the above cases, even after agreement with the regulatory authorities !!!

In accordance with the amendments made to Federal Law No. 44-FZ on July 21, 2014, namely, Article 34, Clause 13, the obligatory conditions included in the contract are information on the procedure and terms of payment for goods, work or services. Thus, if the Customer and the Supplier have agreed, for example, to provide an advance payment, or to reduce the payment period, making changes to the contract - by concluding an additional agreement, will be illegal and entail administrative liability. You can learn about penalties for this violation in our article “Penalties for Violating the Procedure for Concluding and Amending a Contract”.

*Highlighted in gray is the text of the law and is presented with minor changes that do not distort the essence

Sometimes contracts concluded under 44-FZ require adjustment. This is done by mutual agreement of both parties. It is necessary to draw up such amendments with the help of a well-drafted additional agreement to the contract. The main thing is to remember the rules for drawing up such a document and the cases in which it will be valid by law.

What is an additional agreement

An additional agreement is a document that becomes an integral part of the main contract.

Add. agreement to the contract according to 44-FZ (+ Sample)

It lists any adjustments that need to be made. The parties may change or cancel individual clauses of the contract, add missing information.

An additional agreement has all the properties of a conventional agreement. It is considered a complete deal. Moreover, apart from the main contract, it has no legal force.

In what cases can an additional agreement be concluded

The current legislation prohibits making significant changes to contracts concluded under 44-FZ. These are the terms of fulfillment of obligations, the price, the volume of purchased goods, and so on. However, Article 95 of 44-FZ establishes a number of cases in which adjustments can be made to the contract:

Rules for issuing an additional agreement

For an agreement to be valid, it must be properly executed. In doing so, you must adhere to the following recommendations:

At the beginning of the document, the details of the contract must be prescribed, to which an additional agreement will be attached.
The preamble of the document is copied from the main contract. In this case, the phrase "have entered into this agreement" shall be changed to "have entered into this supplementary agreement".
The document must be signed by both parties without fail and sealed with the seals of the organizations.
The agreement must contain the full details of the parties.
Any adjustments made are clearly stated. It is indicated that all other clauses of the contract remain unchanged.
The additional agreement is drawn up in two copies in writing.

The conclusion of an additional agreement is the only way to amend an already concluded contract. If this document is drawn up in accordance with all the rules, it will have legal force and work to the benefit of both parties.

You can download a sample supplementary agreement for the supply of goods with improved characteristics here.