The state customer is not obliged to approve the draft bank guarantee at the conclusion of the contract
The winner of the purchase signed the contract on time and submitted a bank guarantee to secure it. The customer recognized it as evaded, because the warranty did not meet the requirements of the documentation. The supervisors confirmed it.
The winner explained that in order to avoid disputes over the bank guarantee, he sent the customer its draft for approval by email in advance, but did not receive a response.
The Antimonopoly authority noted:
according to the Law N 44-FZ, the customer does not have to agree on a bank guarantee. It also does not provide grounds for negotiations between the parties outside the EIS when concluding a contract;
ensuring the execution of the contract is the responsibility of the winner of the purchase. He is responsible for the correctness himself.
A similar position is taken by the Ivanovo, Komi and Omsk UFAS.
Document:
Decision of the Moscow Federal Antimonopoly Service of Russia of 30.03.2021 in case No. 077/06/106-5177/2021