Problems of the content of contract warranty in public procurement

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The problems of the content of the warranty of the contract are considered. The appointment of a guarantee is associated with confirmation of the real possibility of its execution by the supplier, but not in all cases, private rules correspond to the general goal of ensuring the performance of the contract, which manifests itself in separate contradictions. The problem of the uncertainty of terms for calculating the period of an independent guarantee is noted, when it can be calculated relative to the actual date of execution or in conjunction with the moment of acceptance of the results. It is concluded that it is possible to recognize a procurement participant as not providing security, even if this is due to circumstances beyond his control. It was indicated that it is necessary to calculate the period of validity of the bank guarantee in relation to the actual fulfillment of the obligation by the supplier. A bidder cannot be recognized as having evaded signing a state contract if the guarantee is not presented in a timely manner for good reasons, and the other party to the contract was notified of this in a timely manner.

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Contract warranty, bank guarantee, deposit, contract evasion, unreliable supplier, guarantee period

Короткий адрес: https://sciup.org/170196792

IDR: 170196792   |   DOI: 10.24412/2500-1000-2022-11-3-214-218

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