The electronic auction did not take place due to 44. Consequences of declaring the auction invalid. Repeated auction in electronic form

• Only 1 URZ submitted an application (see above).

• Only 1 URZ was admitted to the UAEF. His application was found compliant, the rest were rejected.

• Several URZs were admitted, but none of the URZs made bids at the auction. In this case, the winner is the URZ who submitted his application before everyone else. A contract is concluded with him.

• If the auction (OAEF) is declared invalid, then, depending on whether there is a participant admitted to it, the actions and documents drawn up are as follows.

• A protocol for declaring the electronic auction (OAEF) invalid is drawn up and posted on the site.

• This is a procedure that involves drawing up and posting a protocol on declaring the auction (OAEF) invalid.

• Reason for declaring the auction invalid: only 1 participant was admitted and/or declared.

• Information that a state agreement will be concluded with this participant. Contract.

• If there were other participants, but their applications were rejected, then the reasons for the rejection of applications are indicated.

• There is one participant.

• Concluding a contract with this participant.

• No participants or applications.

• Repeated auction.

• Replacement of an order.

• No applications.

• All applications (all URZ) were rejected.

• 1 participant allowed.

• There were no offers during the bidding.

Repeated auction in electronic form.

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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• 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).

Imagine the situation: no applications were submitted to the competition, only one application was submitted, or only one application meets the documentation requirements. In all cases, you must declare the competition invalid. But what to do next if you are not ready to cancel the purchase depends on the number of applications.
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.

An electronic auction was held 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 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 Part 4 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”

If one application is submitted to participate in an auction under 44-FZ, then such an auction is considered invalid (Clause 16, Article 66 of Law No. 44-FZ). Read what a contract manager should do and whether the customer can enter into a contract with a single supplier.

In order to correctly submit an application for participation in an electronic auction, a potential participant, before submitting an application, studies the documentation and evaluates his capabilities. After the deadline for filing an application has expired, the auction is declared invalid if one application under 44-FZ is submitted at the electronic auction. Even under such circumstances, the sole supplier still has the possibility that the customer will enter into a contract with him.

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If a single application is submitted under 44-FZ

How to submit an application for participation in an electronic auction correctly according to 44-FZ

In order for the only participant in the auction to become the winner and conclude a contract, you need to correctly draw up an application. It is important to remember that the application consists of two parts, both of which must comply with legal and documentation requirements. Law No. 44-FZ contains in Art. 66 a complete list of requirements for both parts of the application.:

• The first part of the application includes
• the participant’s agreement with the conditions specified in the auction documentation and not subject to change;
• country of origin of the goods, if the customer establishes the relevant conditions in the documentation; specific characteristics of the product and an indication of trademark
• . An indication of a trademark is included when there is no indication of it in the documentation or when the trademark of the participant’s goods differs from the sign specified by the customer;

You can include sketches, drawings, drawings, any images of the product.

How to consider the first parts of applications for participation in an electronic auction,:

• The second part of the application includes
• name, location (for legal entities), postal address of the auction participant, full name, passport details, place of residence (for individuals), TIN, contact number, extract from the Unified State Register of Real Estate;
• documents confirming that the auction participant meets the procurement requirements;
• copies of documents confirming that the goods comply with the requirements of the legislation of the Russian Federation. The provision of such documents must be provided for in the auction documentation;
• a copy or original of the decision on a major transaction. Provided if, by law, the transaction is considered to be large, or if the contract to be concluded or the amount of security for the application will be large for the participant;
• documents, copies or originals confirming the country of origin of the goods, as reflected in Art. 14 of the Law. Such documents include, for example, a certificate or declaration of conformity of a product;
• a declaration of affiliation with the SMP or SONO is provided if the customer has established restrictions in the auction documentation.

How to consider the first parts of applications for participation in an electronic auction and how to draw up a final protocol,

If only one application is submitted to participate in the auction, it will be declared invalid. At the same time, the opportunity to conclude a contract remains if both parts of the sole participant’s application do not contradict 44-FZ and the electronic auction documentation. A participant should not relax in a situation where his application turned out to be the only one. The auction commission will check each item of the application for compliance. The participant, at the stage of preparing the application, needs to be attentive, including to the little things.

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

Attached files

• Protocol for consideration of a single application for participation in an electronic auction.docx

Failed, invalid and canceled purchase are different things.

Status failed purchase means that there was no competitive competition or bidding between suppliers. But based on the results of such a purchase, the customer can enter into a contract with a single supplier.

Invalid tenders are recognized where the customer violated laws (44-FZ, 223-FZ) or the norms of the Civil Code. If the auction is declared invalid after the winner is determined, the contract with him is terminated.

Cancel purchase at any stage, the customer himself can do it for his own reasons or by order of the regulatory authority.

For example, in 2015, every third competitive procurement was declared unsuccessful:

In what cases will procurements be declared invalid?

1. According to 44-FZ

Let's see how it works on the three most popular types competitive procurement:

For the competition

• No applications submitted;
• All applications were rejected by the commission;
• The winner avoided signing, and the second participant refused to enter into a contract (he has the right to do so, there will be no sanctions);
• As a result of the prequalification, all participants were ineligible;
• Only 1 application submitted;
• Only 1 application meets the documentation requirements;
• As a result of pre-qualification, only 1 participant met the requirements.

For auction

• No applications submitted;
• After reviewing the first parts, all participants were denied admission;
• After review of the second parts, all applications are ineligible;
• Only 1 application submitted;
• After reviewing the first parts, only 1 application meets the documentation requirements;
• Within ten minutes after the start of the auction, not a single proposal for the contract price was submitted;
• As a result of consideration of the second parts, only 1 application meets the documentation requirements;
• The winner avoided signing the contract, and the second refused to sign the contract (he has the right to do so, there will be no sanctions).

To request a quote

• No applications submitted;
• All applications were rejected by the commission;
• Only 1 application submitted;
• Only 1 application meets the requirements.

2. According to 223-FZ

All cases where a procurement is declared invalid must be provided for and described in the procurement regulations. The law does not regulate the actions of customers if the purchase does not take place, and in the Civil Code the concept of “failed purchase” is given only for tenders and auctions and only if one supplier participated in them.

Many customers under 223-FZ use the provisions of 44-FZ as an example, but make the conditions more flexible. Suppliers traditionally need to rely on customer procurement regulations, the Civil Code and competition law.

What will the customer do if the procedure does not take place?

If there were no qualified suppliers

First of all, the customer makes changes to his schedule. 10 days after this, he has the right to announce:

• Repeated tender or request for proposals, if the procurement was carried out in the form of a tender;
• Request for proposals or other procedure if the auction did not take place;
• New request for proposals after failed request proposals.
• A new quote after a failed request for quotes.

To request quotes and electronic competitions it is necessary to extend the deadline for submitting applications: by 4 and 10 days, respectively. If there are no proposals again, the customer will make changes to the schedule and conduct a new purchase in the manner indicated above.

If there is only one participant who meets the requirements

The customer must:

1. If an electronic auction or request for quotation was held, enter into a contract with the supplier whose application meets the requirements;
2. If there was a competition or request for proposals, agree on the purchase from a single supplier with the regulatory authority;
3. If the purchase is agreed upon, conclude a contract.
4. Involve external experts in accepting goods or work under a contract concluded in accordance with clauses 25.1-25.3, part 1, art. 93 44-FZ. If you are the winner of such a purchase, be careful and comply with all the terms of the contract. To the little things that the customer may not pay attention to in order to accept it faster required product, the external commission may find fault.

What should the supplier do?

If you are the only participant in the procurement or only your procurement meets the requirements, then after its completion:

• If this was an auction, you are required to sign a contract in deadlines, even if no price proposals were submitted. For example, like .
• If you participated in a tender or request for proposals, first wait until the customer agrees on the purchase from a single supplier with the regulatory authority. The customer himself sends an application for approval to the FAS and after 10 days he will notify you of the decision.
• No approval is required for quotes. The customer will enter into a contract at the price specified in your application.
• The results of the auction also do not need to be agreed upon. If none of the eligible bidders has submitted a price proposal during electronic trading, the contract will be concluded at the maximum price. If you were the only supplier whose 2nd part of the bid met the requirements, the contract will be awarded at the price you reduced to.

The only winning supplier must sign the contract on time, otherwise he will be included in the register of unscrupulous suppliers. For example, how it happened in this purchase.

In procurement under 223-FZ, the customer’s actions are determined by its procurement regulations.

conclusions

Customize your search so you don't miss purchases

Constantly look for procurement in your area. Then you won’t miss anything interesting, you’ll have time to prepare and submit your application.

Sometimes the customer deliberately hides the purchase so that only one supplier knows about it, who becomes the winner. We wrote about how to get around customer tricks. In some cases, searching through the documentation will help you find hidden purchases.

Keep track of all purchases in which you participate

If you have applied to participate, keep track of what is happening in the procedure. For example, in Kontur.Purchases you can add a purchase to your favorites. This will help you not to miss changes in it and the results.

Don't miss the contract signing deadline

If you become the only supplier, you can conclude a contract at the maximum price.