FAS: the requirement to provide a guarantee from the list of the customer's banks is unlawful under Law No. 223-FZ

22 November 2021, Monday

The documentation established a condition: if the procurement participant chose to secure the contract in the form of a bank guarantee, then it must be issued by one of the banks according to the customer's list. Guarantees from other banks need to be agreed with him.
The supervisors considered that it was illegal: there
are no deadlines in the documentation for approving guarantees from other banks, as well as grounds for refusing this. Participation in the purchase depends on the will of the customer;
you can issue a guarantee in other banks, for example, in those that are listed on the website of the Ministry of Finance;
the fact of the issuance of collateral by other banks does not affect the possibility and quality of execution of the contract;
obtaining a guarantee from banks from the customer's list creates additional difficulties for the participants of the purchase. Such a requirement may limit competition.
It should be noted that there is a different opinion in judicial practice.
Document: Decision of the FAS of Russia dated 05.10.2021 N 223 FZ-526/21

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