When purchasing certain goods, the manufacturer confirms the integrity of the contractor's state contract in the letter of guarantee

24 August 2018, Friday

The participant won the electronic auction for the supply of medicines, reducing the NMC by almost 53%. To justify the price, he submitted a letter of guarantee on his own behalf. The employer acknowledged the winner as having evaded the conclusion of the contract.

FAS supported the customer. Guarantee letter came from the party purchase, and not from the manufacturer, therefore the requirements of part 9 of article 37 of the Law N 44-FZ has not been achieved. In support of its position, the Office provided examples from judicial practice.

Document: the Decision of the Khabarovsk OFAS Russia from 09.07.2018 # 224 in the case of N 7-1/373