We have established standard forms of independent guarantees in procurement under the Laws N 223-FZ and 44-FZ
Since July 1, a number of mandatory requirements for a security guarantee for electronic competitive procurement from MSPs have been in effect under Law No. 223-FZ. For example, the customer will accept it from the same guarantors as under Law No. 44-FZ.
The Government has approved the provision on independent guarantees. In particular, it defined standard forms of guarantees for securing applications and contracts, as well as additional requirements for them.
Guarantees can be obtained in the form of an electronic document or on paper. Among other things, they include the following conditions:
- that a bank or a regional guarantee organization must fulfill its obligations, even if they have been excluded from the relevant lists;
- in which arbitration court disputes will be resolved in connection with the fulfillment of obligations under the guarantee.
Similar standard forms of independent guarantees were also defined to secure applications and contracts under Law No. 44-FZ.
These innovations will come into force on October 1.
Document: Decree of the Government of the Russian Federation of 09.08.2022 N 1397