One of the principles of 44-FZ is responsibility for the result and efficiency of procurement. In other words, the government customer needs guarantees that the winner of the tender will sign the contract and fulfill it in compliance with all the stated conditions.
There are two types of guarantees in public procurement:
There are two ways to secure a bid or fulfill a contract.
In electronic procurement, you can only transfer your own money, while in paper tenders and closed auctions, you can deposit money and provide a bank guarantee.
What to choose to secure the contract - a cash deposit or a bank guarantee - is decided by the supplier.
Ensuring the application in the form of a bank guarantee is possible only when participating in paper tenders or a closed auction. The security is from 0.5 to 5% of the initial maximum contract price: the exact amount is always written in the procurement documentation.
The validity period of the bank guarantee provided as security for the application must be at least two months from the date of the deadline for submitting applications. Upon completion of the procedure, the commission for the bank guarantee is not returned to the supplier.
The winner of the electronic auction is obliged to sign the contract and provide a bank guarantee within 5 calendar days from the date the customer places the contract on the electronic trading platform. With an open tender - within 10 calendar days.
The security amount is up to 30% of the initial contract price. In case of improper performance of the contract, the bank will pay the customer a guarantee amount for the supplier.
If the terms of the contract provide for an advance payment, the supplier must ensure its return. That is, the amount for which the guarantee is issued increases by the size of the advance. If the advance is spent for other purposes, the bank returns the funds to the state customer.
In any of the above cases, the bank guarantee is irrevocable, valid for a month from the date of execution of the contract and is issued without collateral and security.
Under the law, the demand of the state customer for payment under the guarantee is extrajudicial, that is, it can be put forward directly to the contract executor within 1 month after the expiration of the contract.
Only financial institutions, included in the list of the Ministry of Finance of the Russian Federation . Check in advance if the bank in which you have a current account is on this list.
The electronic agent Kontur.Spectrum will help you get. Send just one application, which will go to several banks. Compare the terms of guarantees and send documents to the bank directly from the service.
To successfully and quickly obtain a guarantee, find out in advance the conditions of the bank: terms of issue, commission rates, a list of documents, and so on.
The reputation of the company is one of the most important conditions for issuing a guarantee. If the company works in good faith, pays taxes on time and reports to the regulatory authorities, it will certainly receive a bank guarantee.
To provide guarantees, most banks require the same list of documents from the client as for a loan:
For many banks, it is important that the procurement participant has an account opened in it. You also need to be prepared for this so as not to waste time negotiating with banks where your company does not have an account.
In a bank with which good business relations have already been established, a bank guarantee can be issued according to a simplified scenario. As a rule, for financial analysis companies enough quarterly financial statements.
The cost of a bank guarantee is determined individually and depends on:
As a rule, the commission for issuing a guarantee is from 1% to 5% of the amount of the required security.
The term of receipt is from 1 day to several days (recently, these terms have been reduced, as a bank guarantee is becoming an increasingly popular banking product, and banks are considering electronic applications).
Before participating in an electronic auction or competition, you can find out in advance whether the bank will give you a guarantee if you win. To do this, you need to contact the bank to set the limit of bank guarantees. In this case, the bank asks you for copies of documents and sets a limit. True, two conditions must be taken into account:
Setting a limit is helpful. Firstly, this will allow you to find out whether it is worth counting on receiving a bank guarantee, and secondly, after you win the tender, the bank will make a decision to issue a guarantee much faster.
It is important for the winner to have time to receive a bank guarantee on time. If you miss the deadline for signing the contract, there is a risk of being included in the register of unscrupulous suppliers. How to be in this case?
Issue a qualified certificate electronic signature and communicate with the bank via the Internet. It is much faster and more convenient than filing paper documents.
Avoid "gray schemes" for obtaining bank guarantees, even if you are promised a guarantee for a day. In practice, the customer can easily calculate by checking the information in the Register of Bank Guarantees on the official website zakupki.gov.ru. It will be even worse if the customer finds out that the guarantee is invalid after you have started to fulfill the contract. In this case, he will be obliged to terminate it, and you will be included in the register of unscrupulous suppliers, a fine and a penalty for breaching the contract.
If you decide to participate in electronic auctions and competitions, study in detail the issue of obtaining a bank guarantee, find out the limit or calculate the cost of securing each specific purchase. Subject to the terms of the contract, there will be no claims from the state customer (and hence payments under your bank guarantee).
Application security is required in order to weed out financially insolvent and unstable companies at the first stage, which may take an irresponsible approach to the process of participating in government auctions. Of course, state and municipal organizations are interested in experienced players, but even a start-up company always has a chance to get a prestigious contract, since the bank guarantee for securing an application does not exceed 5% of the initial (maximum) contract price. The TenderHelp online service helps to quickly obtain a guarantee for a minimum package of documents, which will allow you not to withdraw your own funds from circulation. The information on this page will help you understand the specifics of a bank guarantee to secure an application.
According to 44-FZ, a bank guarantee can be used to secure an application during a closed auction or tender. When conducting electronic auctions under 44-FZ, the application can only be secured in cash, the use of a bank guarantee in this case is not provided for by law.
The use of tender security under 44-FZ is regulated by Art. 44 of this law. The amount of the application security should be within 0.5–5% of the contract value (Article 44, clause 14), and for small businesses, socially oriented non-profit and some other organizations participating in the procurement, the upper threshold is reduced to 2% (Article 14). 44 p. 15). With a maximum contract value of up to 1 million rubles. the security amount is 1% of it. According to 223-FZ, there are no strict limits.
In both cases, the required amount of the guarantee to secure the bid (sometimes referred to as the bid guarantee) is set out in the bidding documents.
Mandatory requirements for a guarantee and the bank that issues it, when conducting a tender under 44-FZ, are given in Art. 45 44-FZ. According to 44-FZ, the bank must be included in the tax code Russian Federation a list of banks that meet the established requirements for accepting bank guarantees for tax purposes, published on the website of the Ministry of Finance of the Russian Federation. Today, this list includes a little over 300 banks. But not all of them issue bank guarantees, so in fact the number of banks interested in working with this type loan products, much less.
According to 223-FZ, the requirements listed above are optional. The main requirement for a credit institution is one: the amount of the guarantee issued to it should not exceed 10% of the capital. The auction organizer has the right to make other requirements to the bank in the tender documentation.
According to both 44-FZ and 223-FZ, the guarantee must:
According to 44-FZ, in addition to these requirements, there is one more thing: the guarantee must be entered in the register. Enters the guarantee into the register of the bank that issued it (no later than 1 business day from the date of issue).
The customer is paid money under a bank guarantee in two cases:
1. If, having won the tender, its participant refuses or evades the conclusion of the contract.
2. If the participant did not provide or provided the customer in violation of the terms of 44-FZ, security for the performance of the contract before its conclusion (this can be either own funds or a bank guarantee).
After that, the bidder will have to return to the bank the money that the bank paid to the customer. If the tenderer fulfills his obligations in good faith, then all he has to pay is the cost of providing the guarantee. It can be calculated using the calculator on the site.
To receive a guarantee, you only need to register in the TenderHelp system, upload a package of documents once, sign an EDS application, wait for its approval by the bank and receive a guarantee. And that's it - you don't need to visit the bank.
Get a bank guarantee: what is it and 3 situations when it is needed. Analysis of the cost and duration of the transaction + 2 ways to get a bank guarantee.
Pay attention to economic situation in the country, bank guarantees have become an effective mechanism for business development. But few people are familiar with all the nuances of such an agreement.
About, how to get a bank guarantee and what it is, we will talk in this article.
A bank guarantee is an obligation of a bank or other credit institution to reimburse the lender for the amount of material resources in case the customer violates the terms of the contract.
A bank guarantee is issued under the following circumstances:
Simply put, a bank guarantee is a tool used by a business to enforce the terms of an agreement or contract.
In cases where the customer seems insufficiently reliable and solvent to the creditor, the latter may require him to provide security. In this way, the creditor will protect himself from the loss of the amount of money if the customer fails to provide performance of the contract.
The participants in the operation to conclude this agreement are:
It is important to know that the guarantor considers the application for issuance of security in connection with the application of the principal, and not the beneficiary.
The beneficiary obliges the principal to provide him bank collateral, which will serve as a guarantee of the fulfillment of all the circumstances of the contract. If the principal violates the contract, the beneficiary will receive material compensation in the amount specified in the contract.
Since the principal is the person requiring the surety, he will pay a fee to the bank for providing the surety.
All participants in this operation enter into an agreement, which is drawn up in writing and looks as follows.
Bank guarantee: sample
In order to agree on all the nuances between the participants in the transaction, it is not enough to fill out a standard form. It is necessary to draw up an agreement in which all warranty conditions will be entered.
According to the current legislation of the Russian Federation, a bank guarantee agreement must be drawn up in writing between the guarantor and the principal.
Mandatory conditions that the contract must contain:
After agreeing on all the nuances, a guarantee issued, for example, by Sberbank of Russia, looks like this.
Bank guarantee: example
The process of registration and issuance of the document begins with the provision of the papers necessary for the conclusion of the transaction.
The package of documents that you need to provide to the bank is similar to the list required to apply for a loan.
To obtain a bank guarantee, the following documents are required:
Accounting statements of the company - documents that serve as confirmation of the solvency of the principal, as well as the financial statements of the company for a certain period of time (per year).
It is important to take into account that at the time of submission of documents, the company must work for at least 3 months.
The step-by-step process of obtaining a guarantee consists of 5 steps:
Such steps are standard when obtaining such a document. But you can get security in two ways, depending on which, the design scheme can be simplified.
This method provides that you yourself, without resorting to the help of brokers, will be engaged in obtaining a guarantee. The case is relatively simple and, at first glance, this solution is optimal.
But if we consider the nuances, then this option will be problematic.
Disadvantages of issuing a bank guarantee on your own:
If you have enough time and you are confident in your ability to get a positive decision from the bank, then you can ignore these shortcomings.
But if time is running out, then it is better to use the second method.
In most cases, people with a high degree of distrust relate to the services of intermediaries or brokers. But in this case, turning to a specialist for help is a rational decision.
Benefits of obtaining collateral through an intermediary:
This method really has a lot of advantages, but here it is important to contact trusted brokers in order to avoid cooperation with unscrupulous organizations.
As a rule, paperwork with the help of intermediaries allows you to create an application on the Internet, that is, online.
Let's consider the scheme of actions using the example of the service https://otc.ru, popular in Russia.
After submitting the documentation, your application is submitted for consideration. Further, the managers of the organization will contact you to clarify the nuances and inform about the decision made.
Which of the two methods to choose is up to you. Make a decision based on your abilities and the time you have.
The term of the bank guarantee is set by the parties to the transaction and is specified in the current contract. It can be either a specific number or the moment of occurrence of a certain phenomenon (for example, the fulfillment of all the conditions of a contract).
As a rule, this period of validity coincides with the validity period of the main contract for the fulfillment of the conditions of which it is drawn up.
The current law of Russia establishes that the period of validity of the guarantee is regulated by the parties to the transaction, but this period must exceed the period of validity of the main contract by at least one month.
This is due to the fact that during the execution of the contract, various force majeure circumstances may occur that will automatically renew the contract. This, in turn, will entail the need to extend the warranty period.
The entry into force of the guarantee coincides with the moment of its issuance.
There are a number of factors that can change the duration of a guarantee:
If none of the above happened, then the warranty period remains unchanged and as specified in the contract.
The cost of a bank guarantee depends on a number of circumstances:
The amount of the guarantee amount.
Mostly interest rate Bank is from 2 to 8%. But if the amount is very large, the bank may require high percent- to 10%.
No collateral.
The absence of collateral directly affects the cost of the transaction. Usually, in the absence of collateral, the cost increases by 5%, and sometimes by half the amount.
Validity.
The longer the validity period, the more remuneration the bank or other organization will require.
It looks like this:
Initial Maximum Contract Price (IMCC) × Security Amount (%) × Bank Interest Rate (%) × Contract Period = Guarantee Value.
Let's look at this calculation with an example:
Let's say you get a contract to renovate a school. NMTsK in this case is 50 million rubles. The amount of the deposit specified in the contract is 30%. The bank interest rate is 5%. The term of the contract, that is, the period during which you must carry out repairs, is 1 year.
Let's do the calculation:
50,000,000 × 30% × 5% × 1 = 750,000 rubles
Using the formula, we calculated that the cost of a bank guarantee would be 750 thousand rubles. Of course, for a correct and accurate calculation, it is necessary to substitute the correct data specified in your contract.
Bank guarantee - what is it and why is it needed?
Unfortunately, today there are many unscrupulous organizations and credit institutions who want to issue fake bank paper and receive their dishonestly earned reward.
To prevent this from happening, you should be careful about intermediary organizations that you trust to receive a bank guarantee.
What you should pay attention to and how to act in order not to receive an unreliable document:
But if you have already been issued a guarantee, and you doubt its authenticity, you should contact the guarantor bank and clarify all the details. True, this information is confidential, so a legitimate organization is unlikely to provide you with such data.
Therefore, you should visit this bank or send your request by registered mail. By letter, not email!
You can also check the authenticity of the issued document using the site
http://zakupki.gov.ru/epz/bankguarantee/quicksearch/search.html.
This option is in a simple way how to check a bank guarantee.
If your contract turned out to be fake, contact the authorized bodies. You can initiate a criminal case, taking into account Article 159 of the Criminal Code of the Russian Federation, and receive an original document within 10 days.
After analyzing what a bank guarantee is, what is its validity period and cost, you can decide whether you need it. If your situation requires the execution of this agreement, study the ways, How can I get a bank guarantee choosing the most appropriate option.
And never forget to carefully consider the issue of the authenticity of documents in order to avoid unpleasant situations.
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To put it in the most understandable language, the bank guarantee is designed to guarantee the customer (as one of the parties to the contract) compensation by the bank for direct or indirect losses of the customer in the event of non-fulfillment or material violation by the other party (executor or supplier) of the fundamental terms of the contract concluded between them. Those. in fact, a bank guarantee is for the first party an instrument of insurance against non-fulfillment of the terms of the contract. The first party under such tripartite guarantee obligations is in practice called the beneficiary. The party acting as the executor is called the principal. Well, the credit institution itself acts as a guarantor.
As can be seen from the relationship diagram, the bank does not provide the principal with any funds. Therefore, the beneficiary should not care which credit institution is ready to take on the risks of non-performance of the contract. Likewise, any bank holding a responsible credit policy, an assessment of the contractor under the contract is required.
At present, in our country, more often than others, the role of the beneficiary in this banking product is executed by the state represented by federal, regional and municipal authorities, as well as by companies and state corporations with state participation. This format of ensuring obligations under contracts with the participation of a state customer is regulated by the texts 44-FZ "On the contract system" and 223-FZ "On procurement of state-owned companies". You can learn about the difference between a bank guarantee under 44 FZ and a guarantee under 223 FZ in the corresponding article on our website.
Much less often, this tool is used in the framework of civil law relations. commercial organizations. An exception can be considered large companies that occupy a monopoly position in the market.
In Western countries, bank guarantees are more common, but we also have a tendency to increase requests for this product.
There was a period when the guarantors could also act Insurance companies in the form of insurance against non-fulfillment of obligations under the contract. But due to the weak stability of many participants insurance market and weak legislative regulation such guarantees were often not fulfilled. That's why government bodies refused to use this form of security under contracts.
01.
The amount of the bank guarantee
The size or amount of the bank guarantee, established in the core agreement between the credit institution and the principal, often depends on the requirements of the final beneficiary, established in contracts for the performance of any work or supply. In many government contracts for the performance of work, it is defined as a certain percentage of total cost contract.
Also, the amount of a bank guarantee may depend on its form, or rather on the subject of the contract, to ensure the execution of which this financial instrument is required.
The bank, accepting for consideration an application for issuing a bank guarantee, may decide to approve the amount of guarantee obligations required as security under a specific contract, or consider establishing maximum limit such obligations to the principal.
In practice, large limits of bank guarantees (more than 15 million rubles) require the provision of collateral to the bank. This is where the classical requirements for securing a business loan in many banks come into play.
The collateral can be:
02.
Term of the bank guarantee
The term of the BG directly correlates with the terms prescribed in the contract to which it refers. Not infrequently, the period of validity of this financial instrument also affects the term for the contractor to provide warranty obligations for the work performed under the concluded contract. It occurs mainly in the construction industry, as well as in the supply and installation of complex structures or equipment.
For supply contracts, characteristic short-term bank guarantees - up to six months. For more serious contract work, the average terms of bank guarantees are in the range of 18 months. A rare credit organization draws up a bank guarantee agreement for a period of more than 3 years. More typical for guarantees for long term are guarantees for a period of up to 2-3 years with the possibility of prolongation for a new period.
03.
The cost of a bank guarantee
The commission paid for obtaining a bank guarantee often directly depends on the amount of the bank guarantee and the period for which such a guarantee is issued. Some banks set rates as a percentage per annum, but most are limited to the payment by the borrower (principal) of a one-time commission for issuing such a guarantee. You can try to calculate the conditional average rate and designate it as equal to 3% of the size of the bank's guarantee obligations, but in practice the spread of the cost of bank guarantees fluctuates greatly. For recent years The range for BG tariffs looks like this: from 1.5% to 8% of the guarantee limit.
04.
Main types of bank guarantees
All issued bank guarantees can be decomposed into several types:
05.
The procedure for issuing bank guarantees
The scheme for considering applications for issuing BGs is essentially no different from the standard decision-making procedure for loan applications:
Benefits of applying for a bank guarantee through CityFinance
Often the issue of obtaining a bank guarantee is quite urgent. Here we are the very lifesaver that saves a lot of time. Our specialists, who have been working in this field for more than 10 years, will analyze the requirements for BG and financial condition business, they will select the best option from dozens of banks, based on the client's preferences in:
In order to consider this application for concluding an agreement between the Bank and the Client, as well as further execution and conclusion of the agreement, by my will and in my interest I give consent to GENBANK JSC, hereinafter the Bank, to process my personal data to an indefinite circle of persons (Last name, first name, patronymic, address of the place of registration, address of residence, number of the main identity document, information about the date of issue of the said document and the authority that issued it, and any other information previously provided to the Bank, including the information specified in loan agreement, this Application and / or in other documents) in documentary and electronic form, with the possibility of collecting, systematizing, accumulating, storing, clarifying (updating, changing), using, distributing (including transferring), depersonalizing, blocking, destroying personal data, automated and in a non-automated way, as well as the possibility of transferring to third parties and receiving from an indefinite number of third parties, including the disclosure to the Bank of information about the main part of my credit history stored in the bureau credit histories from the date of signing this Consent. In accordance with the Federal Law of December 30, 2004 No. 218-FZ "On Credit Histories", I hereby give my consent to GENBANK JSC to receive credit reports, formed on the basis of my credit history in the credit history bureau, in order to assess my creditworthiness, check the reliability, make a decision on the conclusion of the contract and its execution. For these purposes, the Bank may transfer personal data specified in this Application and received during the term of the agreement, including information about the Client's last name, first name, patronymic, address and telephone numbers, information about property status, income, debt, information about payment cards issued in the name of the Client and accounts opened in the name of the Client for making transactions on them, as well as information about contracts and their execution at their own discretion to insurance companies (insurer), legal entities, providing the Bank with services for the settlement of overdue debts, and other persons with whom the Bank has entered into an agreement. The right to choose the indicated companies/persons is granted by me to the Bank, and additional approval from me is not required.
This consent is valid until the full fulfillment of obligations under the contract, can be revoked by me only after the expiration of the contract storage period (including after its completion or termination) established by the current legislation of the Russian Federation. I am warned that in the event of my early withdrawal of this consent, the Bank will immediately demand from me the full fulfillment of obligations under the contract.
I have been explained my rights and obligations related to the processing of personal data, including my obligation to inform the Bank in the event of a change in my personal data, my right to withdraw consent by sending an appropriate written application. I am warned that if I do not agree to the processing of my personal data, the Bank's services cannot be provided to me in full.
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I hereby instruct the Bank to process, on behalf of me, the personal data of these persons provided by me in order for the Bank to decide on concluding an Agreement (s) with me, as well as the subsequent exercise by the Bank and me of the rights and obligations under the Agreement (s), for which I I oblige the Bank to ensure and comply with the confidentiality and security regime in relation to the provided personal data during their processing, the requirements for the protection of personal data in accordance with federal law dated July 27, 2006 No. 152-FZ “On Personal Data”.
