The electronic auction did not take place. Actions in case of a failed electronic auction. Failed auction - consequences

Sometimes customers have to recognize the auction as invalid. What to do if the auction did not take place, because not a single application was submitted under 44-FZ, we will show in the article.

Consequences of declaring an auction invalid

Having analyzed Art. 71 of Law 44-FZ, there are two reasons why the electronic auction did not take place:

• no application has been submitted;
• one application has been submitted.

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• The further actions of the contract managers will depend on the reason why the competitive procedure was declared invalid:
• if there are no applications, carry out a new purchase;

if one application is submitted, draw up a government contract with the participant who submitted it.

Conclusion of a contract with a single supplier when the auction did not take place

• In cases where:
• the application of one participant has been submitted (part 16 of article 66);
• after analyzing the first parts of the submitted applications, only one of the participants who submitted their applications was allowed to participate in the procedure (Part 8 of Article 67);

the second part of the submitted application of only one of the participants in the procedure satisfies the procurement conditions (Part 13 of Article 69); a contract is drawn up with the person who submitted it. The only condition is compliance single application

all stated requirements. Another reason for such a contract is a combination of circumstances when none of the admitted participants e-procurement

did not send his offer with a price within ten minutes from the moment it began (part 20 of article 68).
If the competition failed due to the fact that no one submitted a single application, you need to act on one option. And if you yourself have rejected all applications, you must act completely differently. And then, when you start receiving new applications, new conditions will be included each time depending on the quantity and quality of applications. Let us explain how to choose the right procurement method under different conditions.

From the article

Clause 25, Part 1, Art. 93 of the Law on the Constitutional Court establishes the rules of what to do under 44-FZ if the purchase did not take place when a contract was concluded with a single supplier:

• execute a government contract on the terms specified in the procurement documentation at a price not exceeding the starting price of the auction;
• the registration period should not exceed 20 days from the date of publication of the final protocol.

Important

In this case, signing a contract with sole supplier is not subject to approval by the FAS and other control authorities.

The electronic auction did not take place because... no applications

In accordance with part 4 of Art. 71 procedures did not take place if:

• not a single application has been submitted under 44-FZ (Part 16, Article 66);
• there is no admission of any of the participants who submitted such an application (Part 8 of Article 67);
• all second parts of applications were compiled incorrectly (part 13 of article 69);
• participant who proposed Better conditions after the winner, avoided signing a government contract and refused to formalize such a contract (Part 15, Article 70).

If not a single application has been submitted for the auction under 44-FZ, what to do next? Should be announced repurchase.

We held an electronic auction for the supply of wooden coffins. No one submitted a bid, so the auction was declared invalid. Now we want to try a request for proposals, but Law No. 44-FZ does not directly indicate whether we have the right to change the terms of the purchase. Can we reduce the NMCC, add an advance payment condition, change the delivery time?

If no bids are submitted for the auction

44-FZ in part 4 art. 71 contains the answer to the question of what to do next in this case:

• carry out repeated procurement, the method of which from July 1, 2018 can only be an electronic request for proposals. Until this time, the Law on contract system allows you to carry out another procedure (for example, repeated auctions are often held);
• the item of re-purchase cannot be changed from the original;
• reintroduce a new competitive procedure into the schedule.

If the re-auction did not take place - not a single application was submitted - what to do under 44-FZ? Until July 1, 2018, you can hold the 3rd auction or request for proposals or apply another competitive procedure within the framework of the Law on the Contract System.

If the auction did not take place 2 times, what should I do in this case? From July 1, 2018, this issue will no longer exist, because... new edition of Part 4 of Art. 71 The law obliges re-purchase in the form electronic request proposals. If the request for proposals does not take place, the government customer makes changes to the schedule and conducts another purchase.

Thus, the answer to the question: not a single application has been submitted for the auction; what next will be: to carry out a repeat purchase, and from July 1, 2018 only in the form of an electronic request for proposals.

You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”

• Tuesday, 27 January 2015 19:16
• Author Marat Rakhmatullin

• Published in Questions and Answers
• Read 20982 times
• Seal
• Email mail

We are a procurement participant. 2 applications were submitted (including one of ours), both applications correspond to the 1st and 2nd parts. The auction was declared invalid. No price proposals were submitted by us or the second participant. Since our application was submitted first, we assume that the customer should send information about us to the KO for approval. Is it so?

Answer: In accordance with the provisions of Part 20 of Article 68 of 44-FZ, the electronic auction is considered invalid due to the fact that within ten minutes after the start of such an auction, none of its participants submitted an offer for the contract price. In accordance with Part 3 of Art. 71 44-FZ

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:
1) operator electronic platform within one hour after posting the protocol specified in Part 20 of Article 68 of this Federal Law on the electronic platform, he is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, as well as documents of participants in such an auction, provided for in paragraphs 2 - 6 and 8 of Part 2 of Article 61 of this 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. The specified protocol must contain the following information:
a) a decision on the compliance of the participants in such an auction and the applications submitted by them for participation in it with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and these applications with the requirements of this Federal Law and (or) documentation on such an auction with justification said decision, including indicating the provisions of the documentation about such an auction, which do not correspond to the application data, the content of these applications, which does not comply with the requirements of the documentation about such an auction;
b) the decision of each member of the auction commission on the compliance of the participants in such an auction and the applications they submitted for participation in such an auction with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and the applications they submitted with the requirements of this Federal Law and (or) documentation on such an auction;
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;
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. Part 3 art. 71 of the Federal Law of 04/05/2013 No. 44-FZ

Thus, you are a customer in accordance with paragraphs. and clause 4, part 3, art. 71 44-FZ is obliged to send information to the KO about agreeing to conclude a contract with you.
At the same time, according to new edition Part 25 Art. 93 44-FZ and the joint clarification of the Ministry of Economic Development and the Federal Antimonopoly Service (FAS), such approval from the KO is not required. The legislator did not clarify whether it is possible to conclude a contract without the consent of the KO only in the case provided for in paragraphs. b clause 4 part 3 art. 71, (i.e. the sole supplier) or incl. and according to paragraphs. a (with the first person to apply for participation).

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 an electronic auction is declared invalid, approval of a contract with a single supplier from the 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 in such an auction, if only one participant in such an auction and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation on 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 contractor who wanted to take part in the electronic auction, which was subsequently declared invalid due to a lack of applications, but for some reason did not have time, has 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

The only application is the 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 another 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.

During electronic trading— the auction, according to the law, may not take place. The conditions for recognizing it as such are regulated by articles 66-69 of Law 44-FZ “On the contract system in the field of procurement of goods, works, services...”. This rule of law describes the applicable procedure for conducting procedures on the electronic platform.

In particular, declaring the auction invalid allows you to sign a contract with one participant or conduct the auction in a different form.

The point is that when tenders are closed without applications, the state-owned enterprise has the opportunity to select a supplier using the request for proposals method. Let's look at the most typical scenarios for failed trades.

The only request is the procedure

The laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were adopted to No. 498-FZ and Art. 25 No. 44-FZ, within the framework of which the issue of the terms of the failed auction was considered in more detail.

The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

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. 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. This is possible only with that participant (Article 70 of Federal Law-44) whose application fully meets the requirements. Please keep in mind that consideration of a single application is possible if the supplier submitted a price proposal within 10 minutes after the start of bidding (Article 68 of Federal Law-44, Part 20). At a minimum, it should be 0.5% lower than the NMCC.

If the auction does not take place and not a single application meets the requirements, then the customer can purchase using the request for proposals method.

The auction was declared invalid - not a single application was submitted

If, taking into account the requirements of 44 Federal Laws, not a single application was registered, then the auction is also declared invalid. This entails in most cases a re-tender, regulated by the articles federal law. This is also true if the participants did not enter into a contract to fulfill the order for this purchase.

So, the tender is declared invalid if:

one application submitted;

lack of applications;

registered applications were submitted with violations and cannot be accepted by the commission;

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 tender, 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 bidding

The re-tender is also carried out on the basis of Federal Law-44. At the moment, the government customer has the right to select a counterparty only by requesting proposals, but new amendments are expected soon, which will require additional. approvals.

To submit an application for participation in the auction without violations and meeting the customer’s requirements, it is best to contact specialists. The RusTender company already has significant experience in in this direction, so he can prepare everything efficiently and in a short time Required documents and transfer them to the site for participation in the auction.

OOO ICC"RusTender"

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Failed electronic auction. Failed auction in electronic form.

• The concept of “failed electronic auction” means the absence of bidding when placing a specific order. In this case, it is not at all necessary to imply that the contract (for this order) will not be concluded. For example, only 1 URZ showed up for the auction, it turns out that there will be no bidding, this URZ will not play with itself at the auction. It turns out. That the electronic auction (UAEF) was declared invalid, and the state. the contract will be concluded with this (the only one that applied) RZ.

A list of situations in which electronic auctions are declared invalid, but government contracts are still concluded.

The electronic auction was declared invalid. Regulations and executed documents.

Recognition of the electronic auction as invalid.

Protocol for declaring an electronic auction invalid. There is a participant (admitted), and a government contract will be concluded with him.

Protocol for declaring an electronic auction invalid. There were no applications submitted at all.

• Fixing the fact: the electronic auction is recognized (the reason is indicated) as invalid.

• Reason for declaring the auction invalid: no bids were submitted.

Consequences of declaring an electronic auction invalid.

Cases of declaring an electronic auction invalid.