The Federal Antimonopoly Service clarified who is responsible for issuing an independent guarantee
The Agency clarified that the guarantor bank is responsible for non-compliance with the rules for registration and issuance of an independent guarantee under state contracts.
Specialists of the Federal Antimonopoly Service have published a letter explaining that they are monitoring banks. In particular, the Federal Antimonopoly Service checks whether banks meet the requirements of Government Decree No. 1105. The authority for such control is provided for by the rules of Law No. 44-FZ.
Experts noted that a frequent violation of guarantor banks, which affects the legitimate rights and interests of procurement participants, is the issuance of independent guarantees that:
• do not correspond to standard forms;
• do not meet the additional requirements for NG according to Government Decree No. 1005;
• do not comply with the provisions of Law No. 44-FZ (Parts 1 and 2 of Articles 37, Part 2 of Article 45 of Law No. 44-FZ).
Thus, if the rights and legitimate interests of the procurement participant are violated due to the unlawful actions of the guarantor bank, the participant has the right to file a complaint with the Federal Antimonopoly Service in accordance with Chapter 6 of Law No. 44-FZ. The agency's specialists also clarified that, within the framework of Law No. 223-FZ, the Federal Antimonopoly Service does not have the authority to control the actions of guarantor banks when an improper independent guarantee is issued to a participant.
Document: Letter of the Federal Antimonopoly Service dated 03/26/2024 No. 28/25182/24
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