FAS suggested how to specify the period for the return of security for the execution of a state contract

3 June 2020, Wednesday

The procurement participant complained that the customer incorrectly set the deadline for the refund of money contributed as security for the execution of the contract. He pointed it out like this: "The return is made within 15 days from the date the contractor fulfills obligations under the contract or the date of conclusion of the agreement on its termination."
The supervisory authority found this to be correct. Law N 44-ФЗ contains restrictions only on the deadline for refunding money: no more than 15 days for purchases among SMEs and SONCO, no more than 30 days for everyone else.
However, one should be careful with the wording. So, in one case, the controllers considered it incorrect to calculate the terms for the return of money in "banking days." The legislation does not use such a concept. In another case, the contract indicated that the customer will return the money within 15 days after receiving a written request from the contractor. It was also considered a violation.
Document: Decision of the FAS Russia of March 25, 2020 in Case No. 20/44/105/489

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