The specifics of the procedure for providing security for applications for participation in procurement under Federal Law No. 44 by persons from the member countries of the Eurasian Economic Union have been approved.
The Government of the Russian Federation, in accordance with Part 18 of Article 44 of Federal Law No. 44, has established the following features of providing security for applications in the form of funds by persons registered in the territory of the member states of the Eurasian Economic Union, or who are citizens of these countries:
- funds are deposited to the account specified by the customer;
- the application must contain information and documents confirming the provision of security for the application;
- the participant is recognized as having failed to provide security for the application in case of non-receipt of the specified funds to the customer's account before the deadline for consideration and evaluation of the second parts of the applications or the date of summing up the determination of the counterparty. In this case, the application is rejected in accordance with paragraph 7 of part 12 of Article 48 of Federal Law No. 44;
- the customer returns the security to the participant no later than five working days from the day following the day of occurrence of the cases provided for in paragraphs 1-6 of part 10 of Article 44 of Federal Law No. 44. The return of the specified funds to the participant of the purchase is not carried out in the case provided for in paragraph 7 of part 10 of Article 44 of Federal Law No. 44.
The features are applied when conducting purchases, notices of the implementation of which are posted in the unified information system in the field of procurement starting from June 1 of the current year.
Recall that according to part 18 of Article 44 of Federal Law No. 44, the Government of the Russian Federation has the right to establish the specifics of the procedure for providing security for applications by participants who are foreign persons.
Document: Resolution of the Government of the Russian Federation No. 579 of April 10, 2023