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 electronic trading Anything can happen. 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 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:

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.”

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 for 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) auction commission within three working days from the date of receipt single 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 to the operator of the electronic platform a protocol for considering the only application for participation in such an auction, signed by the members auction commission.

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 a notification to the only participant in such an auction; 3) the auction commission, within three working days from the date the customer receives the second part of this application from the only participant in such an auction and the documents specified in paragraph 1 of this part, considers this application and the specified documents for compliance with the requirements of this Federal Law and the documentation on such an auction and sends to the operator of the electronic site a protocol for considering the application of the only participant in such an auction, signed by members of the auction commission.

What to do if the auction did not take place

Attention

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.

Article 71 44-FZ - consequences of declaring an electronic auction invalid

If no applications were submitted to participate in the auction, it is considered invalid in accordance with Part 16 of Article 66 of Federal Law No. 44. Let's consider the consequences of this development of events and what the customer will do next.

Important

Deadlines for consideration of applications and publication of protocols After the customer receives a notification from the operator of the electronic platform about the absence of participants, an appropriate protocol must be drawn up and signed (an example of registration is an auction report with registration number 0328300032814000496). Many argue about whether it is needed in this situation at all.

The answer is clear - it is necessary! The protocol may be published until the end of the period for consideration of the first parts of applications, determined by the notice. However, as a rule, he appears on the site much earlier.

What to do if the purchase did not take place

Info

If in the future a repeat competition does not take place for the same reasons (Part 2 of Article 55), then the customer has the right to carry out the procedure by requesting proposals in order to reduce the deadline for submitting applications to 5 working days or in another way at the discretion of the customer. If the procurement does not take place, the sole supplier enters into a contract if its application meets the requirements of the law and documentation.

In this case, the customer must obtain approval from the FAS (clause 25, part 1, article 93). This group will not include the case when, based on the results of the prequalification selection of a two-stage competition, only one participant is recognized as meeting the requirements (Part.

10 tbsp. 57). The customer makes the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

Forum about government procurement and tenders good-tender

After all, the customer’s work to determine the supplier/contractor/performer continues, and very often it happens that everything needs to be done as quickly as possible. Before holding the auction again or organizing a request for proposals instead, you need to make changes to the schedule and procurement plan.
At least 10 days must pass from the publication of such changes on the Government Procurement Portal www.zakupki.gov.ru to the date of posting of a new notice. If this requirement is violated by the customer, a potential participant in a repeated electronic auction/request for proposals has the right to file a complaint with the Federal Antimonopoly Service.

For example, on November 1, 2016, the auction was declared invalid due to a lack of applications. This fact is confirmed by the protocol dated November 1, 2016.

On the same day, the customer makes changes to the procurement plan and schedule and publishes them on the Portal.

The auction did not take place, no applications were submitted

Pravoved.RU 668 lawyers are now on the site

1. Business law
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Good afternoon The auction did not take place and no bids were submitted. The amount of NMCC is up to one hundred thousand. It is possible to carry out this purchase from a single supplier for hours.
4 tbsp. 93 Federal Law 44? Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

• If no bids are submitted to the auction, is it possible to extend the bid submission period?
• Is it possible to repeat the auction if no bids are submitted?

Lawyers' answers (2)

• All legal services in Moscow Assistance in obtaining a bank guarantee to secure applications under 44-FZ and 223-FZ Moscow from 15,000 rubles. Comprehensive support for tenders Moscow from 10,000 rubles.

Federal Law) follows: 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) 11 A participant in an electronic auction recognized as a winner as a result of evading the conclusion of a contract by the original auction winner (part 14 of article 70 44-ФЗ ), avoided concluding a contract (part 15 of article 70 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-FZ or in another way in accordance with 44-FZ (part 4 of Art.

• On 09/11/2016
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• 44-FZ, EIS, Purchases in construction, Purchases from a single supplier, Request for quotations, Request for proposals, Competition, Articles, Conditions of government contracts, Electronic auction

In accordance with Law No. 44-FZ, contracts to meet state and municipal needs must be concluded on the basis of competitive procedures. These are different kinds competition, electronic auction, as well as requests for quotations and proposals. However, in a number of cases established by Article 93 of the mentioned law, it is necessary to purchase from a single supplier. Including in cases where the competitive procurement procedure is declared unsuccessful (clause 25 of part 1 of Article 93 of Law No. 44-FZ).

Why the purchase may not take place

Reasons for recognizing the competitive procedure as invalid, which allow concluding a contract with sole supplier, can be combined into two groups:

• the application was submitted by one participant, and it was found to comply with the terms of the procurement documentation and legal requirements;
• Several participants submitted applications, but the procurement conditions were satisfied by the application of only one of them.

The procurement procedure may be declared unsuccessful for other reasons. For example, applications may not be received at all, or all of them may be rejected due to non-compliance with the requirements of the procurement documentation. Such cases have fundamental differences from the above situations, when a single application satisfies the procurement requirements.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the UIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Firstly, in these cases the competitive procedure, for example a tender, should be repeated. If the re-tender is declared invalid, then the customer will be able to apply the norm of paragraph 25 of Article 93 of Law No. 44-FZ and conclude a contract with a single supplier.

Secondly, if the conclusion of a contract with a single source becomes a consequence of the recognition of the failed re-competitive procedure, then the customer must choose this source himself. Whereas if there is a single participant who satisfies the procurement conditions, the customer is obliged to conclude a contract with him.

When approval is needed

A customer who receives the right to conclude a contract with a single supplier as a result of a failed procurement procedure is exempt from the need to place a notice in the Unified Information System, as well as from drawing up a report on the impossibility of identifying a supplier by other means.

However, in some cases, the future contract will have to be agreed upon with regulatory authorities. This applies to procurement to meet federal, regional or municipal needs. Not all of these contracts will have to be agreed upon - this depends on the method of determining the contractor. Thus, if the purchase was carried out through an electronic auction or a request for quotation, then there will be no need to coordinate the conclusion of a contract with a single supplier. But when holding a competition, in most cases the contract will have to be agreed upon. However, there are exceptions here too - these include competitions for capital investments in state and municipal property, as well as projects for the construction and reconstruction of capital facilities, which are carried out at the expense of the budget by organizations that are not state or municipal enterprises.

In other cases, within 10 days after the data on the failed competitive procedure is posted in the Unified Information System, the contract must be sent to the regulatory authority for approval. The latter has 10 working days for approval from the date the customer’s request was received.

Contract price

A contract with a single supplier, performer or contractor must be concluded at a price that satisfies the requirements of the procurement documentation. It is prohibited to conclude a contract at a price exceeding the initial (maximum) contract price, as well as higher than the value specified in the participant’s application or proposed during the electronic auction.

Term of imprisonment

Depending on how the sole contractor was determined, as well as on the need to agree on a contract, it will be allotted for its conclusion. different quantities time.

In the case of a competition, the customer has 20 days to conclude a contract. If the approval of the regulatory authority is required, then this period begins its reporting from the date of receipt of such approval. In other cases, it is considered from the date of publication in the Unified Information System of information about the recognition of the procurement procedure as failed.

If the supplier was identified through an electronic auction, the contract should have been concluded within the standard deadline. Namely, no earlier than 10 and no later than 27 days after the protocol with the auction results was posted in the system.

If the contract executor was determined through a request for quotes, then it should be concluded from 7 to 20 days from the date on which the documentation with the results of this request was posted.

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.

Article 71. Consequences of declaring an electronic auction invalid

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 recognition failed auction the customer may 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.

Article 71 44-FZ - consequences of declaring an electronic auction invalid

Attention

Re: EA did not take place, what next In accordance with paragraph 25 of part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as the Law on the Contract System) as amended by Federal Law No. 498-FZ of December 31, 2014, procurement from a single supplier (contractor, performer) can be carried out by the customer, including in the event that an electronic auction is declared invalid in accordance with parts 1 - 3.1 of Article 71 of the Law on the Contract System.

In this case, approval of the conclusion of a contract with a single supplier (contractor, performer) with the control body in the field of procurement is not required.

What to do if the auction did not take place

Important

The only application is the procedure for action. 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. Key Feature declaring the 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.

What to do if the purchase did not take place

If in the future a repeat competition does not take place for the same reasons (Part 2 of Article 55), then the customer has the right to carry out the procedure by requesting proposals in order to reduce the deadline for submitting applications to 5 working days or in another way at the discretion of the customer. If the procurement does not take place, the sole supplier enters into a contract if its application meets the requirements of the law and documentation. In this case, the customer must obtain approval from the FAS (clause 25, part 1, article 93). This group will not include the case when, based on the results of the prequalification selection of a two-stage competition, only one participant is recognized as meeting the requirements (Part 10, Article 57). The customer makes the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

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

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract Government contract Municipal contract Federal bodies 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.

Failed auction

General grounds For competitive procedures For electronic auctions The winner’s evasion from concluding a contract and the subsequent evasion of the second participant from signing the contract. 1. All proposals were rejected. 2.Only one was found to meet the requirements. When conducting prequalification in a competition with limited participation: 1.

No participant is called upon to meet additional requirements.2. Only one participant was admitted based on the results of prequalification. When conducting an electronic auction, if there are no price offers at the auction within 10 minutes after the start of the auction.
When conducting the second stage of a two-stage competition: 1. There are no offers.2. Only 1 proposal submitted or all bidders rejected.3. Only one application was found eligible.

Info

Agreements in accordance with paragraph 25 of part 1 of Article 93 of the Law on the Contract System arise only if they are declared invalid open competition, competition with limited participation, two-stage competition, repeated competition, request for proposals. Explanations on this issue given in Letter of the Ministry of Economic Development of Russia No. 658-EE/D28i, FAS Russia No. ATs/1587/15 dated January 20, 2015. The data in the table does not take into account changes from 01/01/2015 (no approval is required now) No. Grounds for recognizing the electronic auction as invalid Actions of the Customer Approval Conclusion of the contract 1 Not a single application was submitted (part.

16th century 66 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, part 2, art. 83 44-FZ or in another way in accordance with 44-FZ (part 4 of Art.

The auction did not take place, one application was submitted, what to do 44 ap

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.

If the auction did not take place, not a single application was submitted under Federal Law 44, what to do?

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Author: Cherdantseva Tatyana October 20, 2017 44-FZ provides not only for competitive bidding for price reductions, but also for cases when the order is declared invalid. We will analyze the grounds for recognizing a public procurement as failed, the consequences, as well as the actions of the customer in such a situation. Grounds for recognizing a purchase as failed In most cases, when the phrase “the purchase did not take place” is announced, participants have the impression that either there are no proposals for the tender, or all applications for participation in it have been rejected.
However, there are many more cases where a purchase is declared unsuccessful. Let's look at this for different stages of the procedure. All bases are collected in the table. Submission of applications Review Conclusion of contract 1. There are no proposals.
2. Only one application has been submitted.
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.
Contact E-mail: This site was created to help Customers working in different institutions, but who are united by one thing - No. 44-FZ and No. 223-FZ... After all, since the entry into force of Federal Law No. 44-FZ of 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” has already arisen and accumulated among most people working in the field of procurement. a large number of questions to which they would like to receive an answer. So the site www.help-tend.ru provides them with this opportunity. All your questions can be easily asked, or you can already find the answer on our website.

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, publish on the website, and agonizingly 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 not a single one arrives at the promised hour. price offer. 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 by requesting proposals, or carries out 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 first three cases 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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