FAS: the customer is not obliged to include in the state contract the term of return of the guarantee guarantee
The bidder complained that the customer did not set a refund period in the contract to ensure warranty obligations.
The customer explained that this is not necessary. According to the Law N 44-FZ, it is necessary to specify only the term of repayment of the amount to ensure the performance of the contract. It will return the guarantee within a reasonable time after the expiration of the warranty period for the works.
The inspectors found the complaint unfounded.
Recall that the term of return of guarantee obligations in the Law N 44-FZ is not set. The competition authorities believe that we have to act by analogy to the refund policy of provision of basic commitments: not later than 30 days from the date of fulfillment of warranty obligations, and in procurement from SMEs and SONKO — not later than 15 days from the date of their execution (for example, the decision of Nizhny Novgorod OFAS, the decision of the Khanty-Mansiysk OFAS, the decision of Kabardino-Balkaria OFAS).
Document: Decision of the Saratov Federal Antimonopoly Service of Russia of 18.09.2020 N 064/06/96-1294/2020