The state customer does not have the right to reject the application because of the absence of the original bank guarantee
When holding a tender with limited participation, the commission rejected the application because it was not accompanied by an original bank guarantee confirming the security of the application. The participant appealed against her actions.
The court sided with the participant.
He noted: Law No. 44-FZ contains an exhaustive list of grounds on which it is possible not to accept a bank guarantee. There is no representation of the copy of the guarantee in the list. There were no discrepancies with the requirements of Law No. 44-FZ and the documentation of the tender commission. In addition, it was determined that the information on the participant's guarantee was timely entered in the relevant register.
It was also stated that Resolution No. 1005 does not provide for the customer's obligation to submit to the bank, together with the demand for payment, the original bank guarantee on paper.
It is important that the cassation appeal of the authorized body that conducted the procurement was refused to be submitted for consideration to the Judicial Collegium on Economic Disputes of the RF Armed Forces.
Document:
Decree of the AC of the North-Western District of 26.12.2017 in the case N A56-4414 / 2017