The auction failed under 44 Federal Laws. The auction did not take place. The only request is the procedure

Documents Legislation Comments Arbitrage practice Articles Purchases Competitions Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal authorities FAS Russia Rosoboronzakaz From 01/01/2015, if the electronic auction is recognized as invalid, approval of the conclusion of a contract with sole supplier with a control body is not required. Federal Law No. 498-FZ dated December 31, 2014 amended clause 25, part 1, art. 93 44-ФЗ in accordance with which, if the electronic auction was declared invalid on the grounds that are provided for. 1 - 3.1 tbsp.

Article 71. Consequences of declaring an electronic auction invalid

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send notifications to the participants of such an auction; 3) the auction commission, within three working days from the date the customer receives the second parts of applications for participation in such an auction of its participants and the documents specified in paragraph 1 of this part, reviews the second parts of these applications and these documents for compliance with the requirements of this Federal Law and documentation about such an auction and sends to the operator of the electronic platform a protocol for summing up the results of such an auction, signed by members of the auction commission.

Publication of the protocol if no application has been submitted

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send a notice to the participant in such an auction who submitted a single application for participation in such an auction; 3) the auction commission, within three working days from the date of receipt of the only application for participation in such an auction and the documents specified in paragraph 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and the documentation for such an auction and sends it to the operator electronic platform, a protocol for considering a single application for participation in such an auction, signed by members of the auction commission.

Ipc-zvezda.ru

From July 1, 2018, Federal Law dated December 31, 2017 N 504-FZ amends paragraph 4 of part 3 of Article 71. See the text in a future edition. 4) the contract is concluded in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law, with a participant in such an auction, the application for participation in which was submitted: a) earlier than other applications for participation in such an auction, if several participants in such an auction and the applications they submitted were found to comply with the requirements of this Federal Law and the documentation for such an auction; b) the only participant such an auction, if only one participant in such an auction and the application submitted by him are found to comply with the requirements of this Federal Law and the documentation about such an auction.

ConsultantPlus: note.

The auction did not take place, no applications were submitted

Then notice of re-auction or request for proposals may be published on the website no earlier than November 12, 2016. As for re-placement of the order, this may again be an electronic auction or, based on clause 8 of part 2 of Article 83, a request for proposals.
Part 3 of this article defines the regulations for conducting procurement in this way, including the deadlines. In any case, the performer who wanted to take part in electronic auction, subsequently declared invalid due to lack of applications, but for some reason did not have enough time to solve all the problems and become a participant in the re-placed purchase.

The auction did not take place, applications were submitted, what to do under Federal Law 44

Federal Law due to the fact that the auction commission has made a decision that all second parts of applications for participation in it do not meet the requirements established by the electronic auction documentation, or on the grounds provided for in Part 15 of Article 70 of this Federal Law, the customer makes changes to the plan - schedule (if necessary, also in the procurement plan) and carries out the procurement by conducting a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of this Federal Law (in this case, the procurement object cannot be changed) or otherwise in accordance with this Federal Law. (as amended by Federal Laws dated December 28, 2013 N 396-FZ, dated June 4, 2014 N 140-FZ) (see.

Failed auction

Single application- procedure Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with others regulations. In 2014, additional amendments were adopted to No. 498-FZ and Art.
25 №44-

Federal laws within the framework of which the issue of conditions is considered in more detail failed auction. The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

Important

Provided that the only application for participation in the auction was under consideration at the site, it is considered to be the winning one. The key feature of declaring an auction invalid for this reason is the admission of only one participant to participate in it.

Attention

The customer may enter into a contract agreement with a single participant. The conditions under which a contract can be signed should be taken into account.

Protocols under 44-FZ: sample documents

So, the tender is declared invalid if:

1. one application submitted;
2. lack of applications;
3. registered applications were submitted with violations and cannot be accepted by the commission;
4. in cases where there was no price offer at the specified time.

Failed auction - consequences As we wrote above, depending on the reasons for recognizing a failed auction, the customer can enter into a contract with a single supplier or conduct a new tender in the form of a request for proposals or otherwise established by law. Repeated auctions Repeated auctions are also carried out on the basis of Federal Law-44.

IN currently the state customer has the right to select a counterparty only by requesting proposals, but new amendments are expected soon, which will require additional. approvals.

If no applications are submitted to the auction, you are required to publish a protocol declaring the purchase invalid. The functionality of the site does not imply the automatic publication of a protocol declaring a purchase invalid.

Sign in Personal Area by electronic signature. Find the auction in the “Purchases” section; 2. Open the form of the protocol on declaring the auction invalid: Click on the notification “Publish the protocol on declaring the auction invalid” in the auction line in the “Purchases” section; Or open the auction card in the “Events” section, then “Protocols” and click the “Open protocol form” button.

3. Select the auction commission in the Commission field (if necessary).
Federal Law) 2 Only one application was submitted - the participant does not comply (Part 16, Article 66 44-FZ) = based on the results of consideration of the first parts of the applications, the auction commission decided to refuse admission to all procurement participants (Part 8, Article 67 44 -FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with clause 8 of part 2 of art. 83 44-ФЗ or in another way in accordance with 44-ФЗ (part 4 of article 71 44-ФЗ) 3 Only one application is submitted - the participant complies (part 16 of article 66 44-ФЗ) Coordination of the Customer’s decision with the authorized body to exercise control in the field of procurement (FAS, Rosoboronzakaz) (clause 25, part 1, article 93 44-FZ) Conclusion of a contract with a single supplier (clause 4, part 1, article 71, clause 25, part 1, art.

Protocol on the failed auction of 44 Federal Laws if no applications were submitted

• after the deadline for submitting applications for participation in such an auction, only one application for participation in it has been submitted,
• the auction commission decided to recognize only one procurement participant who submitted an application to participate in such an auction as its participant,
• within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price,
• the auction commission made a decision on compliance with the requirements established by the electronic auction documentation for only one second part of the application for participation in it,

then the customer has the right to conclude a contract with a single supplier without the consent of the body authorized to exercise control in the field of procurement.

Any failed procurement procedure is another headache for the contract manager. It’s no secret how much time and effort it takes to prepare technical specifications, draw up auction documentation, publication on the website, agonizing wait for submitted applications. But, even if applications have been submitted, the auction may still not take place.

What about others?

Statistics show that rejection of applications for the first parts most often occurs during procurement for the supply of goods and performance of work. Namely, the characteristics of the goods supplied (or used in the performance of work) do not correspond to the parameters specified in the technical specifications.

As a rule, applications for the second parts are rejected when purchasing services. Because The main package of documentation from the procurement participant is contained in the second part of the application, and in the first part, only consent to participate in the electronic auction on the conditions stipulated by the auction documentation is sufficient.

3. No one came to bargain. And this happens too - applications have been submitted, the first parts of applications have been reviewed and allowed to participate in the electronic auction. Everyone is waiting for the auction to begin. But at the desired hour, not a single price offer is received. Alas and ah.

The customer can endlessly wonder “How? Why? Have you forgotten about us? This situation turns out to be advantageous for the procurement participant who first submitted an application to participate in the auction. In this case, the principle “who gets up first, gets the slippers” applies.

The operator of the electronic platform sends to the customer both parts of the applications of all participating participants. The customer reviews them and makes a decision on whether these applications comply with the requirements of the auction documentation. The contract is concluded with the participant who submitted an application that meets the requirements of the auction documentation earlier than others. After the publication of the protocol for consideration of applications, the auction moves to the stage of concluding a contract.

4. The auction did not take place at all. If not a single application was submitted to participate in the electronic auction or all submitted applications do not meet the documentation requirements, the auction will also be declared invalid.

The law states that in this case, the customer makes changes to the schedule and carries out this purchase, but through a request for proposals, or carries out a new purchase. If the customer chooses the first option, then changing the procurement object is unacceptable. A new purchasing item must be created in the schedule by requesting proposals. The procurement object remains the same; the procurement period is subject to mandatory changes.

The customer changed his mind.

If there is no longer a need for this purchase, then the Customer makes changes to the schedule (purchase plan) and carries out a new purchase: perhaps not spent cash the customer will decide to use it for other purposes.

Ten days under PGZ were canceled, but not for everyone.

Whichever of these two paths the Customer chooses, he will still have to wait 10 days after making changes to the PPZ before publishing the notice. But before making changes to the documentation, it is necessary to analyze what is written in the auction, since no one wanted to participate in it.

The reasons can be completely different - the initial (maximum) price of the contract is underestimated, it is not drawn up correctly technical task, the contract execution period is critically short, or a potential participant in placing an order simply missed your auction in the entire flow of information on the electronic platform. Whatever the reasons, the funds will still have to be used and the purchase must be carried out by the customer.

There will still be a contract.

In the first three cases, a failed auction will still lead the customer to conclude a contract in accordance with clause 25.1, part 1 of Art. 93 Federal Law No. 44-FZ.

In this case, the price of the contract should not be higher than the initial (maximum) price, and the terms of its conclusion are regulated by Art. 83.2 Federal Law No. 44-FZ.

Interesting purchases and auctions to you, colleagues!

Publication date: 24.08.2018

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Sometimes, for a number of reasons, an electronic auction under 44-FZ may not take place (more precisely, it will be declared failed). In fact, the situation is not as unpleasant as it might seem at first glance, since recognizing the auction as invalid does not mean that you did not win the contract. True, according to the new laws, quite a lot of controversial issues arise in which, naturally, each side wants to benefit itself and fool the other parties. Therefore, it is necessary to take all this into account and try to act competently so as not to fall for the government customer’s stupid bait if something happens. Government customers are hired employees who hold on to their jobs. Therefore, they don’t care what problems the contractor will have, because the contractor is a bourgeois who only seeks to pocket public funds. So, let's consider a situation in which the auction did not take place. What to do next?

Depending on the reason why a given situation arose, there are several ways to successfully (and sometimes unsuccessfully) resolve it. It all depends on the situation itself, and sometimes also on your actions.

1. The auction did not take place if there was only one participant

In this case, the customer enters into a contract with this participant as the winner, provided that the second part of the application complies with the established requirements and auction documentation. Coordination with regulatory authorities in in this case is not required, since according to the conditions, one application is sufficient for quorum, if it is completed correctly. Naturally, if you refuse, you will be held liable as if you had participated in a full-fledged tender with many participants and won it. If you submitted a single application and it did not go through, the government customer must hold a new tender.

2. The auction did not take place if there were several participants

a) Let’s assume that there are several participants in an electronic auction, but only one of them meets the requirements for the second part of the application. Accordingly, in this case the rule of paragraph “1” is applicable, that is, the government customer enters into a contract with this participant without approval from the regulatory authority.

b) There are several participants in the auction, but the government customer rejected all applications at the stage of consideration of the second parts. The solution is to hold new auctions.

3. No bids have been submitted (there are no participants in the auction)

According to Part 4 of Art. 71 44-FZ, the customer can make a request for proposals for the auction. As part of the request for proposals after failed auction It is, however, prohibited to change the procurement object (however, it is formally possible, but not recommended, to change its cost, as well as the deadlines for execution). The notice to the Unified Information System must be submitted by the customer no later than 5 days (calendar) before the day of the request for proposals. At the same time, according to 44-FZ, the customer has the right to independently send invitations to participate in the procurement process to those persons who, in his opinion, are capable of fulfilling the terms of the contract. However, in this case, these persons must be indispensable counterparties of the customer for at least 18 months before the date of request for similar supplies.

The auction did not take place if all applications were rejected at the stage of consideration of the first parts

In theory, this is hardly possible, but in reality, anything can happen in electronic trading. Accordingly, in this case the previous paragraph on the request for proposals is applicable. If, of all applications, based on the results of consideration of the first parts (and not the second), only one participant is admitted, then, according to Part 2 of Article 71, the problem is resolved by approval from the regulatory body.

The auction did not take place because none of the participants came to it

According to Part 3 of Article 71, the problem is resolved by approval from the regulatory authority (the first application that meets the conditions of the auction). If no application matches, or the application matches, but the participant is ready for termination, then the clause applicable under the terms of 44-FZ is applied:

"3. If an electronic auction is declared invalid on the grounds provided for in Part 20 of Article 68 of this Federal Law due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price:

4) the contract is concluded in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law, with a participant in such an auction, the application for participation in which was submitted:

a) earlier than other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of this Federal Law and the documentation on such an auction.”

Cases where trades are declared invalid:

1. In accordance with Part 5 of Article 447 of the Civil Code, auction and competition, in which only one participant participated, are declared invalid.

2. If no application is received within the deadline established by the documentation.

3. If only one participant from those who applied for participation in the auction is recognized as a participant in the relevant auction procedure.

4. If, based on the results of consideration of applications for participation in the procedure, all submitted applications were rejected.

Grounds for declaring an open competition invalid:

1. Upon completion of the deadline for submitting applications for participation in the competition.

2. Based on the results of consideration of applications for participation in the competition The competition commission rejected all applications.

3. Based on the results of prequalification not a single procurement participant is recognized as meeting the requirements established in the documentation.

4. After the deadline for submitting applications for participation in the competition only one application was submitted, and such an application was recognized as meeting the documentation requirements.

5. Based on the results of consideration of applications for participation in the competition only one application was found to meet the documentation requirements.

6. Based on the results of prequalification only one procurement participant is recognized as meeting the established requirements and the application of such participant is recognized as meeting the requirements of the documentation.

As a result of an open tender being declared invalid on the grounds specified in paragraphs 4, 5 and 6, the customer may have the right, and in some cases the obligation, to enter into an agreement with a single supplier. Similar situations arise in the case of auctions and other types of procurement procedures.

Grounds for recognition open auction failed:

1. After the deadline for submitting applications for participation in the auction no such application has been submitted ;

2. Based on the results of consideration of the first parts of applications for participation in the electronic auction the commission decided to refuse admission to all procurement participants to participate in such an auction.

3. Within a certain time after the start of such an auction, none of its participants submitted a proposal for the contract price.

4. At the end of the deadline for submitting applications for participation in the auction, only one application has been submitted that meets the requirements of the documentation.

5. Based on the results of consideration of the first parts of applications for participation in the electronic auction, the auction the commission made a decision on recognizing only one procurement participant who submitted an application to participate in such an auction as its participant.

Grounds for invalidating purchases carried out by organizing a request for quotations (request for proposals):

1. After the deadline for submitting applications for participation in the request for quotations (request for proposals) no such application has been submitted .

2. Based on the results of consideration of applications by the customer’s commission All submitted applications were rejected to participate in the request for quotations (request for proposals).

3. At the end of the deadline for submitting applications for participation in the request for quotations (request for proposals), only one application has been submitted that meets the requirements of the documentation.

4. Based on the results of consideration of applications for participation in the request for quotations only one such application was found compliant documentation requirements for conducting a request for quotation.

Invalid tenders and failed tenders

It is necessary to distinguish:

Invalid Bidding(Article 449 of the Civil Code of the Russian Federation)

Conducted in violation of the law.

Involves the invalidity of the contract concluded as a result of the auction.

Failed auctions(Clause 5 of Article 447)

Legal. “A negative result is also a result.”

The auction did not take place if:

• There are no participants.
• There is only one participant.
• There is only one participant who meets the documentation and legal requirements.

Due to the fact that 223-FZ (unlike 44-FZ) does not regulate the sequence of actions of customers based on the results of failed procurements, the consequences and procedure for the customer’s actions in the event of recognition of procurements as failed must be specified in the Procurement Regulations.

Consequences of recognizing a procurement as failed

Recognizing the procedure as failed must include a set of legal and factual actions that fix the legal status of such a purchase.

From their full and correct design the legitimacy of carrying out further procedures in a simplified manner depends.

1. Identification and analysis of the reasons that served as the basis for declaring the purchase invalid.

2. Legal assessment and decision-making to recognize the procurement as invalid (drawing and signing a protocol, publishing it on the website).

3. Making a decision on the consequences of recognizing the purchase as failed (carrying out repeat procedure, carrying out another (simplified) procedure, concluding an agreement with the EP).

In contrast to the mandatory rules of public procurement, 223-FZ makes it possible to provide for the consequences of recognizing procurement as failed in the form of dispositive norms.

In other words, the Procurement Regulations can provide for the possibility for the customer to choose the consequences of recognizing the procurement as failed: conduct a new procurement, conduct a different one (simplified procurement) or conclude an agreement with the EP on the terms failed trades. To do this, the Regulations must provide for the possibility of choosing consequences and use the wording “not obligated” , and “maybe”.

For example:

According to the results failed procurement customer the following decisions can be made:

1) on procurement from a single supplier - if carrying out new procurement procedures is impractical (for example, the time limits for conducting procurement procedures have been exhausted, conducting a new procurement, regardless of the form and method of procurement, will not lead to a change in the circle of procurement participants);

2) on concluding an agreement - if the submitted application and the participant who submitted it meet the requirements of the notice and documentation;

3) about carrying out re-purchase by any of the methods, in any form, named in the Regulations, which the customer deems appropriate to use.

The consequences of invalidating trades and “non-trading” procedures may be different.

Civil legislation establishes cases of declaring a purchase invalid in relation to tenders (competitions, auctions).

The legislation on public procurement equates the consequences of declaring a procurement invalid for bidding (competition and auction) and other procurement methods (request for quotations, request for proposals). However, due to the fact that 223-FZ does not contain such conditions, legally there are no obstacles for the customer not to recognize failed request quotations and request for proposals with a single participant and conclude contracts with them not as EPs, but as with winners within the framework of the appropriate procedure (subject to such a possibility being indicated in the Regulations).

In accordance with the rules of the Procurement Regulations, a request for proposals and a request for quotations, if there is at least one application, can be carried out and issued precisely as a competitive procedure . The result of this procedure will be a protocol and an agreement.

Features and procedure for concluding a contract based on the results of failed procurements

1. Features of concluding an agreement with a single participant based on the results of a failed procurement:

The customer is obliged to conclude an agreement with the only admitted participant in the competitive procurement if:

A) this participant the procurement was allowed by the procurement commission to participate in the procurement;

b) the contract is concluded on the terms of the documentation and the draft contract;

c) the contract is concluded at a price, in the volume and on the terms specified by such a single participant in his application (and for an auction at a price agreed upon by the parties, not exceeding the initial (maximum) price of the contract), or on the best terms for the customer (including those achieved based on the results of pre-contractual negotiations).

d) no changes are made to the Procurement Plan; this agreement is included in the monthly report.

The customer’s refusal to conclude an agreement with the only participant in the failed tender, whose application complies with the requirements of the documentation, is illegal.

2. Features of concluding an agreement with a single supplier (as a procurement method) based on the results of a failed purchase:

The customer has the right to conclude an agreement with a single supplier based on the results of a failed procurement, provided that such a possibility is provided for in the Procurement Regulations of such a customer, taking into account the following features:

a) the customer has established in the Procurement Regulations the basis for concluding an agreement with a single supplier based on the results of a failed procurement;

b) adoption of an appropriate decision by authorized officials or management bodies of the customer;

c) changes are made to the procurement plan due to changes in the procurement method;

d) agreement with a single supplier based on results failed procedure procurement is concluded taking into account the requirements established by the procurement documentation - minor (insignificant) changes in the terms of the contract are allowed (postponement of deadlines associated with the procedure, change in payment terms, etc.);

e) the need to publish in the Unified Information System a notice of purchase from a single supplier, a draft agreement and a protocol for determining a single supplier.

Case Study

OFAS Commission for St. Petersburg ( decision and order dated June 4, 2013 NoТ03-118/132 ) it was decided to recognize the Customer as violating 223-FZ and the Procurement Regulations, in connection with the refusal to conclude a contract to the only participant in the request for proposal.

Having recognized the request for proposals as invalid, the procurement commission violated clause 12.5.12, clause 12.7.2 of the Regulations by unjustifiably recognizing the request for proposals procedure as invalid, since one participant who submitted an application to participate in the request for proposals was admitted.

At the same time, the Regulations provided that “if, based on the results of consideration of Applications for participation in the Request for Proposals, by decision of the Organizer, only one Application for participation in the Request for Proposals was not rejected, then such Application for participation in the Request for Proposals is evaluated in the manner established by the documentation request for proposals."

The customer did not do this and did not complete the procedure (did not carry out the procedure for reviewing and evaluating the application), and therefore violated clauses 12.3-12.7 of the Procurement Regulations, in terms of violating the procedure for conducting a request for proposals and concluding an agreement based on the results of this procedure.

In addition, as the OFAS noted, customers in competitive procedures not related to tenders are guided only general principles 223-FZ and specific rules of the Procurement Regulations.

The procurement participant, in accordance with the protocol for consideration of competitive bids, was recognized as the only participant in the competition.

Despite the above circumstances, a letter for ref. No. 5220 dated 12/18/12 The customer (defendant) refused to enter into a disputed agreement with Alfa-Trade LLC, citing the lack of approval of this transaction by the Board of Directors of SPPK OJSC.

Considering this refusal to be unlawful, the plaintiff (tender participant) filed a lawsuit against the customer to compel him to conclude a contract.

Assessing the current legal situation and satisfying the plaintiff’s demands, the court proceeded from the following.

In accordance with clause 79 of the Customer’s Procurement Regulations “If an open tender As a result of the receipt of a competitive application from one applicant, an agreement may be concluded with such applicant, provided that he is recognized as a participant and his competitive application meets the requirements set out in the competition documentation, at a price not exceeding that specified in the financial and commercial proposal of the participant.”

As stated above and not disputed by the defendant, the competition commission decided to grant Alfa-Trade LLC the right to conclude an agreement. This decision competition commission in established by law order is not declared invalid.

Under such circumstances, the court came to the conclusion that the defendant has an obligation to conclude an agreement with the plaintiff in this dispute on the terms set out in the draft agreement to the competition documentation.”

Determination of the Federal Arbitration Court of the Volga-Vyatka District dated November 13, 2013 in case No. A82-15815/2012.

Failed procedures and reporting

1. When filling out a monthly report

If an agreement is concluded with a single procurement participant based on the results of a failed procurement, information about such an agreement is included in the monthly report on contracts concluded as a result of the procurement of goods, works, and services.

If an agreement is concluded with a single supplier based on the results of a failed purchase, information about such an agreement is included in the monthly report on contracts concluded by the customer based on the results of a purchase from a single supplier (performer, contractor).

2. When filling out a report on the Federal Statistical Observation Form No. 1 - procurement “information on procurement activities

In cases where, during a competition or auction, only one participant submitted an application, the competitive procedure did not take place, and the customer entered into an agreement with a single supplier, one of columns 4, 5, 6 “Tenders” or 7, 8 must be completed in the report. 9 “Auctions” (depending on the announced procedure), and not column 10 “Purchases from a single supplier”.

Electronic procurement form as a way to “fight” failed procurements

Suppliers are now becoming less and less willing to participate in non-electronic procurement.

To increase the share of completed procedures, it is necessary to conduct more procurements on the electronic platform.

When purchasing in electronic form electronic platform carries out many actions for procurement participants and purchasers, which makes it possible to maximize the possible range of procurement participants.

Paper purchases = few applications, many failed purchases.

Electronic procurement = many applications, many completed purchases.

Questions from listeners

Question: What should I do if several participants were admitted to the auction, and during the auction only one of these participants submitted a price offer?
Answer: In this case, the auction is considered valid, since the price during the auction was reduced compared to the original level. However, in the case when the customer works under 44-FZ, he needs in such a situation, before concluding an agreement with this participant, to obtain permission from the regulatory authorities, since 44-FZ prohibits this.

Question: When conducting e-procurement One application has been submitted that meets the requirements. The purchase was declared invalid. The final protocol is published and an agreement is concluded with a single supplier. Is it necessary to publish a notice of purchase from a single supplier?
Answer: No, if an agreement is concluded with a single participant, then a notice of purchase from a single supplier does not need to be published.

Question: No applications were submitted during the request for quotations. It was decided to purchase from a single supplier. The contract has not yet been concluded, but the volume and cost of the purchase have changed. What to do, how to enter information about changes on the site?
Answer: In this case, a new notice, agreement, protocol is formed. It is necessary to find out why the cost and volume have changed. If the reasons are objective, for example, prices have increased over the past period, then you can change the terms of the contract by making these changes to them.

Question: If no applications have been submitted to the request for proposals, how can this be formalized on the official website?
Answer: In this case, the protocol indicates that not a single application was submitted for the request for proposals, and therefore the customer’s commission decided to recognize this purchase as failed.

Question: What to do in a situation where the product is in too much demand and the supplier does not want to participate in the purchase?
Answer: You can try using another purchasing method.

Question: The institution planned to purchase budget resources a car under 223-FZ, the purchase was included in the plan. During the procurement process, it turned out that it had to be carried out in accordance with 44-FZ. It turned out that the purchase did not take place under 223-FZ. How can this be reflected on the official website?
Answer: Firstly, this purchase could be carried out under 223-FZ. This is not capital investment in state and municipal property, so it is completely legal. Secondly, if the purchase was only planned, but documentation and notice were not posted on it, then such a purchase cannot be considered failed. Thus, in this situation, all that needs to be done is to amend the plan to eliminate this purchase.

Question: If, based on the results of the auction, the customer and the contractor made a mutual decision to terminate the contract by agreement of the parties, then how should this termination be formalized?
Answer: You just need to draw up an additional agreement to terminate the contract.

Question: Is it possible to stipulate in the procurement regulations that if during the procurement by requesting quotations one application is submitted and one participant is admitted, then the procurement is considered completed.
Answer: Yes, in this case, the regulations should state that if during the procurement only one application is received that meets the requirements of the documentation, then the contract can be concluded with the only participant who submitted this application.

Question: Is it true that an agreement with a single participant and an agreement with a single supplier are different things and should be reflected differently in reports?
Answer: Yes, that's right, they have different legal natures. From the point of view of procurement legislation, such contracts have various grounds for conclusion. Accordingly, in the reports, information about such contracts will also be reflected in different categories.

Question: If the tender is declared invalid, is it possible to conclude an agreement with a single supplier for a month, and then re-tender? Is it necessary to make changes to the procurement plan in this case? Purchase of more than one hundred thousand rubles.
Answer: If the purchase is declared invalid due to the fact that not a single application was submitted during the tender, an agreement can be concluded with a single supplier. If the contract amount is more than one hundred thousand rubles, you need to post everything on the official website Required documents for procurement - notice, draft agreement and protocol. Subsequently, the trading procedure can be repeated, but the documents must reflect the requirements, taking into account the obligations that will arise at that time in front of the only supplier with whom the contract will be concluded. It may be better not to make changes to the plan in this case, since in the end the procurement procedure will still be competitive.

Question: If no application was submitted during the procurement procedure, the procurement was declared unsuccessful, and the subject of the procurement, in accordance with the law, can only be purchased in electronic form, is it possible to carry out the purchase from a single supplier? Answer: The purchase in this case had already been carried out electronically, it did not take place, this is the basis for purchasing from a single supplier, this does not contradict government decree 616.

Question: If the auction did not take place because there was only one participant, is it necessary to post two protocols - a protocol for considering applications and a protocol for summing up the results?
Answer: In this case, the application review protocol will be sufficient. Since there are no results, there is no need to post a summary protocol.

Question: If, during a procurement, a single application is found to meet the requirements, then, in accordance with the procurement regulations, an agreement is concluded with the only participant who submitted this application. For purchases over one hundred thousand, the only one provides for posting notices and documentation on the official website. Accordingly, the contract will be concluded within the framework of this procedure, and not an auction. How then is the auction issue resolved?
Answer: If, during an auction, a single application is recognized as meeting the requirements, and in accordance with the procurement regulations, an agreement is concluded with the only PARTICIPANT who submitted this application, then this situation differs from concluding an agreement with a single SUPPLIER, which can be concluded in the case when there was no not a single application has been submitted, and then you need to post the documentation on the official website, etc., again, if such a situation is provided for by the procurement regulations. In this case, there will be simply an agreement with a single participant.

Question: Should the monthly report include in the section on purchases from a single supplier those cases where contracts were concluded with single participants as a result of competitive procurement procedures?
Answer: No.

Question: Is it necessary to make changes to the procurement plan if, as a result of a failed procurement procedure, a contract is concluded with a single supplier?
Answer: Yes, because the way we purchase is changing.

Question: If no applications were received during the request for proposals, is it possible to conclude an agreement with a single supplier or should a separate procedure be carried out and included in the procurement plan?
Answer: When concluding a contract with a single supplier as a result of a failed procurement procedure through a request for proposals, you need to post a notice on the official website and make changes to the plan.

Question: If the price of a contract with a single participant was reduced as a result of the bargaining procedure, then only a protocol for considering the application is sufficient?
Answer: Yes, the protocol for considering the application is sufficient; it records the fact that there is one application that meets the documentation requirements.

Question: Is it necessary to reflect in monthly reports amounts under contracts whose value does not exceed one hundred thousand rubles?
Answer: Yes need.