One application has been submitted for the auction for 44. What to do if the purchase does not take place. Absence of applications or the only application in the request for quotation

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 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

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 No. 44-ФЗ 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.

Provided that the work of the site was under consideration single application to participate in the auction, she is considered the winner.

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 the only 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 repeated tender, regulated by articles of 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 sole 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. 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.

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

• Published in Questions and Answers
• Read 20982 times
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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, electronic auction is declared invalid 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. In accordance with Part 3 of Art. 71 44-FZ

3. If the 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 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. 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).

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 meets the established 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, out 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.”

Sometimes, for a number of reasons, an electronic auction under 44-FZ may not take place (more precisely, it will be declared failed).

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 meets the established requirements under 44-FZ and auction documentation. In this case, approval from the regulatory authorities 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 bid and it did not go through, the 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 a request for proposals after a failed auction, it is prohibited, however, to change the procurement object (however, it is formally possible, but not recommended, to change its cost, as well as the deadlines). 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.

4. 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, out 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.

5. 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.”

Only 1 application was submitted for the request for quotations. Find out how to conclude a contract with the author participant who submitted a single application for a request for quotation, and within what time frame, from our material.

1 application submitted for quotation request

Request for quotations is one of the competitive methods for identifying a supplier within the framework of public procurement under 44-FZ. Requesting quotes is a fairly popular procedure, as it allows you to quickly find a contractor under a contract, spending a minimum of material and time resources. The request for quotations is carried out without a tender selection and is possible only for contracts worth no more than 500 thousand rubles.

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Requesting quotes is a convenient procedure for both customers and contractors, however, difficulties are not excluded here. Many customers encounter difficulties when, when requesting quotes for a competition, only 1 application was submitted. In this case, is it necessary to conclude a contract with the participant who submitted the only bid, or is it necessary to recognize the tender as invalid? Law 44-FZ contains a clear mechanism of action for the customer in the case when only 1 application was submitted when requesting quotes.

Absence of applications or the only application in the request for quotation

In both cases (a single application has been received or only 1 application meets the requirements), before starting the procedure for concluding a contract with a single supplier, it is necessary to declare the tender invalid ().

Important Negotiating a contract with a single supplier based on results failed request

no quotes required. After the tender is declared invalid, you can begin the procedure for concluding a contract within the agreed time frame without obtaining permission from the regulatory authority.

The procedure for concluding a contract with the author of a single application

It is the responsibility of the customer to conclude a contract with a bidder that meets the requirements under the sole supplier procedure. This means that the customer does not have the right to refuse the author of a single application to conclude a government contract.

1. The order of actions of the customer if a single application is submitted for a request for quotation:
2. Collection of applications (including the period of possible extension of the tender period);
3. Verification of a single application by the quotation commission; Drawing up an inspection protocol and placing it in a single;

information system

• The contract under Article 93 of Law 44-FZ must be concluded within the following terms:
• no later than 20 days from the moment of signing the protocol.

The law provides for the customer the opportunity to cancel the procedure for requesting quotations, but this cannot be done if a decision has already been made to accept one or more applications. In the event that the customer tries to avoid concluding a contract, the potential supplier may apply to the Federal Antimonopoly Service or the court to declare the customer’s actions illegal.

The latest news and explanations from experts on sensitive topics in the field of public procurement in the magazine “Goszakupki.ru”