Requirements and standard forms of independent guarantees for purchases from SMEs under 223-FZ approved

The unification of these requirements and forms will expand the access of entrepreneurs to participate in procurement under 44-FZ and 223-FZ

The Government of the Russian Federation approved the uniform requirements developed by the Ministry of Finance of Russia for independent guarantees for the participation of small and medium-sized businesses in electronic competitive procurement under 223-FZ. Also, Decree No. 1397 of 08/09/2022 unifies standard forms of independent guarantees for purchases from SMEs under 223-FZ and all purchases under 44-FZ. Prior to the entry into force of these innovations, the relevant requirements and forms were determined by the participants in legal relations independently, taking into account certain provisions of the law and various requirements of various customers under 223-FZ.

The unification of these requirements and forms will expand access to participation in procurement under 44-FZ and 223-FZ, as it will reduce the risk of customers rejecting independent guarantees provided by procurement participants.

For 223-FZ, the following is established:

• Additional Requirements for Independent Guarantees Provided as Application Security and Performance Security
• list of documents submitted by the customer to the guarantor simultaneously with the requirement to pay the amount of money under an independent guarantee
• standard forms of independent guarantees provided as security for the application and performance of the contract
• standard forms of claims for the payment of a sum of money under an independent guarantee

For 44-FZ it is established:

• amendments establishing standard forms of independent guarantees provided as bid security and contract performance security.

The changes will come into effect on October 1, 2022.

An independent guarantee is an obligation of the guarantor to pay a predetermined amount to the beneficiary upon the occurrence of circumstances specified in the contract.