In the third reading, amendments were adopted on the security guarantee for purchases from MSPs under Law No. 223-FZ

6 April 2022, Wednesday

In the third reading, amendments were adopted on the security guarantee for purchases from MSPs under Law No. 223-FZ
The project, among other things, concerns the requirements for an independent guarantee in competitive procurement from MSPs.
So, in order to secure applications and contracts, the customer will accept guarantees, for example, of banks from the list under Law No. 44-FZ (sub-clause "b" of clause 2 of Article 1 of the draft on page 2).
The guarantee includes a number of conditions, in particular about the validity period:
at least 1 month from the deadline for submission applications — to secure applications (clause "b" of clause 2 of Article 1 of the draft on page 3);
at least 1 month from the expiration date of the main obligation — to secure the contract (subclause "d" of clause 2 of Article 1 of the draft on page 5).
The guarantee to secure the contract should not contain a condition on the submission of judicial acts to the guarantor in confirmation of unfulfilled obligations (subclause "d" of clause 2 of Article 1 of the draft on p. 5).
The Government will approve, among other things, the additional requirements for an independent guarantee and its form (subclause "d" of clause 2 of Article 1 of the draft on p. 5-7).
Most of the amendments will work from July 1 (paragraph 1 of Article 3 of the draft on page 9). The procurement regulations will need to be brought into line with them by October 1 (paragraph 4 of Article 3 of the draft on page 10).
Document:Draft Federal Law No. 1116818-7

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