The standard forms of independent guarantees used for procurement purposes under Laws No. 44-FZ and 223-FZ have been adjusted
Resolution of the Government of the Russian Federation dated September 23, 2024 No. 1285
According to the amendments made to the standard form of an independent guarantee approved by the decree of the Government of the Russian Federation No. 1005 dated 08.11.2013, provided as security for an application for participation in a procurement under Law No. 44-FZ, this form has been supplemented with a new footnote, according to which the customer is indicated as the beneficiary in the independent guarantee, except in the case of a joint tender or an auction in which the organizer of a joint tender or auction is indicated as the beneficiary.
In addition, paragraph 16 of the standard form of an independent guarantee provided as security for the performance of a contract is set out in a new version, according to which the independent guarantee comes into force, as well as obligations under the guarantee agreement are subject to execution from the date of conclusion of the relevant contract. A similar condition is included in clause 17 of the standard form of an independent guarantee approved by the Decree of the Government of the Russian Federation dated 08/09/2022 No. 1397, provided as security for the execution of a contract concluded based on the results of competitive procurement with the participation of SMEs.
These changes came into force on October 1 of this year.