ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 8, 2013 No. 1005

About the independent guarantees used for the purposes of the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

According to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Approve enclosed:

additional requirements to the independent guarantee used for the purposes of the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs";

The list of the documents submitted by the customer to the guarantor along with the requirement about implementation of payment of sum of money for independent guarantee;

Rules of maintaining and placement in unified information system in the field of purchases of the register of independent guarantees;

Form of the requirement about implementation of payment of sum of money for independent guarantee;

Rules of forming and maintaining the closed register of independent guarantees;

standard form of the independent guarantee provided as tender security on participation in purchase of goods, work, service for ensuring the state and municipal needs;

standard form of the independent guarantee provided as ensuring execution of the contract.

2. Ceased to be valid according to the Order of the Government of the Russian Federation of 20.12.2021 No. 2369

3. This resolution becomes effective since January 1, 2014, except for the subitem "v" of item 4 of the Rules approved by this resolution which becomes effective since January 1, 2015.

Approved by the Order of the Government of the Russian Federation of November 8, 2013 No. 1005

Additional requirements to the independent guarantee used for the purposes of the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

The independent guarantee is drawn up in writing on paper or in electronic form, the signed strengthened qualified digital signature of person having the right to act on behalf of the guarantor or in the cases provided by the Federal Law "About the Digital Signature", the strengthened qualified digital signature of the member of the financial market which is the guarantor which qualified certificate of key of check contains specifying only on the member of the financial market as the owner of such certificate and shall be constituted on the approved order of the Government of the Russian Federation of November 8, 2013 No. 1005 "About the independent guarantees used for the purposes of the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" to standard form of the independent guarantee provided as tender security on participation in purchase of goods, work services for ensuring the state and municipal needs (in case of creation of the independent guarantee provided as tender security on participation in purchase), standard form of the independent guarantee provided as ensuring execution of the contract (in case of creation of the independent guarantee provided as ensuring execution of the contract, except for providing the warranty obligations provided by the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"), on the conditions determined by the civil legislation and article 45 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" taking into account the following requirements:

a) obligatory fixing in independent guarantee:

the customer's rights in case of non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided with independent guarantee to represent on paper or in electronic form the requirement about payment of sum of money for the independent guarantee provided as ensuring execution of the contract, in the amount of the contract price, reduced by the amount pro rata to amount by the performed supplier (the contractor, the contractor) of the obligations provided by the contract and paid by the customer, but not exceeding the amount of ensuring execution of the contract;

the customer's rights in case, stipulated in Item 7 parts 10 and part 13 of article 44 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" to represent on paper or in electronic form the requirement about payment of sum of money for the independent guarantee provided as tender security, in the amount of tender security, established in the notice on implementation of purchase, documentation on purchase (if the specified Federal Law provides documentation on purchase);

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