The auction did not take place. Actions in the event of a failed electronic auction 44 fz repeated electronic auction

Documents Legislation Comments Arbitrage practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract Government contract Municipal contract Federal authorities FAS Russia Rosoboronzakaz From 01.01.2015 in case of recognition electronic auction failed agreement on the conclusion of a contract with sole supplier with the control body is not required. Federal Law No. 498-FZ dated December 31, 2014 amended paragraph 25 of Part 1 of Art. 93 44-FZ, according to which, if the electronic auction was declared invalid on the grounds that are provided for in Part. 1 - 3.1 Art.

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 an electronic site; 2) operator electronic platform within the period specified in paragraph 1 of this part, is obliged to send notifications to participants in such an auction; 3) the auction commission, within three working days from the date of receipt by the customer of the second parts of applications for participation in such an auction of its participants and documents specified in paragraph 1 of this part, considers 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 site the protocol of summing up the results of such an auction, signed by the 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 an electronic site; 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 participant in such an auction who submitted the only application to participate in such an auction; 3) the auction commission, within three working days from the date of receipt of a 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 documentation on such an auction and sends to the operator electronic platform protocol for consideration of a single application for participation in such an auction, signed by members of the auction commission.

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From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 4 of part 3 of article 71. See text in a future edition. 4) the contract is concluded in accordance with Clause 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, an application for participation in which is submitted: a) before other applications for participation in such an auction, if several participants in such an auction and the bids submitted by them are recognized as complying with the requirements of this Federal Law and documentation on such an auction; b) sole member such an auction, if only one participant in such an auction and the application filed 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 bids were submitted

Then the notice re-auction or request for proposals may be published on the site no earlier than November 12, 2016. With regard to the re-placement of the order, this may be again an electronic auction or, on the basis of clause 8 of paragraph 2 of Article 83, a request for proposals.
Part 3 of this article defines the rules for conducting procurement in this way, including the timing. In any case, the contractor who wanted to take part in the electronic auction, which was subsequently declared invalid due to the 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 procurement.

The auction did not take place applications were submitted what to do according to federal law 44

of the Federal Law due to the fact that the auction commission has decided that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the electronic auction, or on the grounds provided for by 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 carry out procurement by means of a request for proposals in accordance with clause 8 of part 2 of Article 83 of this Federal Law (in this case, the object of procurement cannot be changed) or otherwise in accordance with this Federal Law. (as amended by the Federal Laws of December 28, 2013 N 396-FZ, of June 4, 2014 N 140-FZ) (see.

Failed auction

The only application - the order of actions Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and Art.
25 №44-

Federal Law, 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 in the work of the site, it is she who is considered the winner. The key feature of the recognition of the auction as invalid for this reason is the admission to participation in it of only one participant.

Attention

The customer can conclude a contractual agreement with a single participant. Consider the conditions under which you can sign a contract.

This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements.

Protocols according to 44-FZ: sample documents

So, the tender is declared invalid if:

1. one application has been submitted;
2. lack of applications;
3. registered applications are submitted with violations and cannot be accepted by the commission;
4. in cases where there was no bid for the price at the set time.

Failed auction - consequences As we wrote above, depending on the reasons for the recognition of a failed auction, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or otherwise established by law. Repeat auction re-bidding also carried out on the basis of FZ-44.

AT this moment 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 bids have been submitted for the auction, you need to publish a protocol declaring the purchase as void. The functionality of the site does not imply automatic publication of a protocol on recognizing the procurement as failed.

Sign in Personal Area on 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 "Minutes" and click the "Open protocol form" button.

3. Select the auction commission in the "Commission" field (if necessary).
Federal Law) 2 Only one application has been submitted - the participant does not comply (part 16 of article 66 44-FZ) = based on the results of consideration of the first parts of applications by the auction commission, a decision was made to refuse admission to participation of all procurement participants (part 8 of 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 paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of article 71 44-FZ) 3 Only one application has been submitted - the participant complies (part 16 of article 66 44-FZ) Coordination of the Customer's decision with the body authorized 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 44 fz if no application has been submitted

• at the end of the deadline for filing 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 for participation in such an auction as its participant,
• within ten minutes after the start of such an auction, none of its participants submitted an offer on the price of the contract,
• the auction commission made a decision on compliance with the requirements established by the electronic auction documentation, 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.

In most cases, when the phrase “the purchase did not take place” is announced, the participants have the opinion that either there are no proposals for the tender, or all applications for its participation have been rejected. However, there are many more cases where the purchase was declared invalid.

Consider this for the different stages of the procedure.

All bases are collected in the table.

Applying	Consideration			Conclusion of a contract
1. There are no offers. 2. Only one application has been submitted.	General base	For competitive procedures	For an electronic auction	Evasion of the winner from the conclusion of the contract and the subsequent evasion of the second participant from signing the contract.
	1. All offers rejected. 2. Only one is recognized as compliant.	When held in a competition with limited participation: 1. No competitor is called upon to meet additional requirements. 2. Only one participant is admitted based on the results of pre-qualification.	When conducting an electronic auction, if there are no price offers at the auction within 10 minutes after the start of the auction.
		During the second stage 1. There are no offers. 2. Only 1 proposal is submitted or all participants are rejected. 3. Only one application was found eligible.

Competitive procedures

If during the competition the public procurement is declared invalid, 44-FZ provides for two cases further development events: conduct a new or repeated one, or purchase from a single supplier.

The difference between a new public procurement and a repeated one is that if the object, volume, requirements for participants do not change, that is, all the conditions remain the same (with the exception of the term for fulfilling the terms of the contract, which is extended by the time necessary for a repeated order, as well as the initial price, which can be increased by no more than 10%), then the order is repeated, otherwise it is new.

When there are no submitted applications or they are found to be inappropriate, a second procedure is carried out. The publication of the notice in the repeated procedure is carried out at least 10 days before the date of opening the envelopes (not 20 days, as in the usual one).

If in the future a repeated tender does not take place for the same reasons (part 2 of article 55), then the customer has the right to carry out the procedure 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 purchase did not take place, the only supplier concludes a contract if his application complies with the requirements of the law and documentation. In this case, the customer must receive (clause 25, part 1, article 93).

This group will not include the case when, according to the results of the pre-qualification selection of a two-stage competition, only one participant is found to meet the requirements (). The customer conducts the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

Electronic auction

When recognizing an electronic auction failed customer or enters into a contract with, while coordination with the control body is not required (in cases provided for in part 16 of article 66, part 8 of article 67, part 20 of article 68, part 13 of article 69).

Or, if the auction did not take place, changes in the procurement plan are made, if necessary, in accordance with Part 6 of Art. 17, changes in the schedule are mandatory, then the order is carried out again (part 16 of article 66, part 8 of article 67, part 13 of article 69, part 15 of article 70). Art. 92, in addition to the possibility to re-order, the customer has the right, in agreement with the control authority, to purchase from a single supplier in accordance with paragraph 24 of Part 1 of Art. 93.

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 provision of the law describes the applicable procedure for conducting procedures on the electronic site.

In particular, the recognition of the auction as invalid allows you to sign a contract with one participant or hold an auction in another form.

We are talking about the fact that when closing tenders without applications, the state-owned enterprise gets the opportunity to select a supplier by requesting proposals. Let's consider the most typical scenarios of failed trades.

Single Application - Procedure

Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and Art. 25 No. 44-FZ, within the framework of which the issue of the conditions of the failed auction is 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 in the work of the site, it is she who is considered the winner.

The key feature of the recognition of the auction as invalid for this reason is the admission to participation in it of only one participant. The customer can conclude a contractual agreement with a single participant.

Consider the conditions under which you can sign a contract. This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements. Keep in mind that consideration of a single application is possible if within 10 minutes after the start of trading the supplier submitted a price offer (Article 68 FZ-44, part 20). At least it should be 0.5% lower than the NMCC.

If the auction did not take place and none of the bids meet the requirements, then the customer can purchase by the method of request for proposals.

The auction was declared invalid - no bids were submitted

If, taking into account the requirements of 44 FZ, not a single application was registered, then the auction was also declared invalid. This entails in most cases a repeated tender, regulated by the articles of federal law. Also, this is true if the participants did not enter into a contract for the execution of an order for this purchase.

So, the tender is declared invalid if:

one application has been submitted;

lack of applications;

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

in cases where there was no bid for the price at the set time.

Failed auction - consequences

As we wrote above, depending on the reasons for the recognition of a failed auction, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or otherwise established by law.

Repeat auction

Re-bidding is also carried out on the basis of Federal Law-44. At the moment, 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 apply for participation in the auction without violations and meeting the requirements of the customer, it is best to contact the experts. RusTender already has significant experience in this direction, therefore, it will be able to prepare everything qualitatively and in a short time Required documents and transfer them to the site for participation in the auction.

OOO IWC"RusTender"

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From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 4 of part 3 of article 71. See text in a future edition. 4) the contract is concluded in accordance with Clause 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, an application for participation in which is submitted: a) before other applications for participation in such an auction, if several participants in such an auction and the bids submitted by them are recognized as complying with the requirements of this Federal Law and 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 documentation on such an auction. ConsultantPlus: note.

Article 71. Consequences of declaring an electronic auction invalid

So, the tender is declared invalid if:

1. one application has been submitted;
2. lack of applications;
3. registered applications are submitted with violations and cannot be accepted by the commission;
4. in cases where there was no bid for the price at the set time.

Failed auction - consequences As we wrote above, depending on the reasons for the recognition of a failed auction, the customer can conclude 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 auction Conducting a repeated auction is also carried out on the basis of Federal Law-44. At the moment, 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 - the consequences of declaring an electronic auction invalid

Attention

Re: EA did not take place, what next In accordance with clause 25 of part 1 of article 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law on the contract system) as amended by the Federal Law of December 31, 2014 N 498-FZ, the purchase from a single supplier (contractor, performer) can be carried out by the customer, including if the electronic auction is declared invalid in accordance with parts 1 - 3.1 of the article 71 of the Law on the contract system.

At the same time, it is not required to coordinate the conclusion of a contract with a single supplier (contractor, performer) with the control body in the field of procurement.

What to do if the auction does not take place

Important

The only application - the order of actions Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and Art. 25 No. 44-FZ, within the framework of which the issue of the conditions of the failed auction is 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 in the work of the site, it is she who is considered the winner. The key feature of the recognition of the auction as invalid for this reason is the admission to participation in it of only one participant. The customer can conclude a contractual agreement with a single participant.

Consider the conditions under which you can sign a contract. This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements.

What to do if the purchase did not take place

If in the future a repeated tender 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 otherwise at the discretion of the customer. If the purchase did not take place, the only supplier concludes a contract if his application complies with 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, according to the results of the pre-qualification selection of a two-stage competition, only one participant is recognized as meeting the requirements (part 10 of article 57). The customer conducts 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 according to federal law 44

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal bodies of the Federal Antimonopoly Service of Russia Rosoboronzakaz From 01.01.2015, if an electronic auction is recognized as invalid, agreement on the conclusion of a contract with a single supplier with a supervisory authority is not required. Federal Law No. 498-FZ dated December 31, 2014 amended paragraph 25 of Part 1 of Art. 93 44-FZ, according to which, if the electronic auction was declared invalid on the grounds that are provided for in Part. 1 - 3.1 Art.

Failed auction

General basis For competitive procedures For electronic auction Evasion of the winner from the conclusion of the contract and subsequent evasion of the second participant from signing the contract. 1. All offers rejected. 2. Only one is recognized as compliant. When conducting a pre-qualification selection in a competition with limited participation: 1.

No participant is called to meet additional requirements.2. Only one participant was admitted based on the results of pre-qualification. When conducting an electronic auction, if there are no price offers at the auction within 10 minutes after the start of the auction.
During the second stage of the two-stage competition: 1. There are no offers.2. Only 1 proposal submitted or all participants 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 the open competition, competition with limited participation, two-stage competition, repeated competition, request for proposals. Clarifications on this issue are given in the Letter of the Ministry of Economic Development of Russia No. 658-EE/D28i, FAS Russia No. АЦ/1587/15 dated 01/20/2015. The data in the table without changes since 01/01/2015 (now the agreement is not required) failed Actions of the customer Approval Conclusion of the contract 1 Not a single application has been submitted (p.

16 art. 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 paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of Art.

Auction failed one bid 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 an electronic site; 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 participant of such an auction that has submitted a single application for participation in such an auction; 3) the auction commission, within three working days from the date of receipt of a 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 documentation on such an auction and sends to the operator electronic platform protocol for consideration of a single application for participation in such an auction, signed by members of the auction commission.

If the auction did not take place, no application for 44 fz has been submitted, what to do

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Author: Cherdantseva Tatyana October 20, 2017 44-FZ provides not only for competitive bidding to lower prices, but also for cases when an order is declared invalid. We will analyze the grounds for declaring a public procurement as failed, the consequences, as well as the actions of the customer in such a situation. Grounds for recognizing the procurement as failed In most cases, when the phrase “purchase did not take place” is announced, the participants have the opinion that either there are no proposals for the tender, or all applications for its participation have been rejected.
However, there are many more cases where the purchase was declared invalid. Consider this for the different stages of the procedure. All bases are collected in the table. Submission of applications Consideration Conclusion of the contract 1. There are no proposals.
2. Only one application has been submitted.
Federal Law) 2 Only one application has been submitted - the participant does not comply (part 16 of article 66 44-FZ) = based on the results of consideration of the first parts of applications by the auction commission, a decision was made to refuse admission to participation of all procurement participants (part 8 of 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 paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of article 71 44-FZ) 3 Only one application has been submitted - the participant complies (part 16 of article 66 44-FZ) Coordination of the Customer's decision with the body authorized 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", the majority of people working in the field of procurement have already arisen and accumulated a large number of questions to which they would like to receive an answer. So the site www.help-tend.ru presents them with this opportunity. All your questions can be easily asked, or you can already find the answer on our website.

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

1. The auction did not take place if there is one participant in it
In this case, the customer concludes a contract with this participant as with the winner, provided that the second part of the application meets the established requirements under 44-FZ and auction documentation. Coordination with the regulatory authorities in this case is not required, since according to the conditions, one application is enough for a quorum, if it is executed correctly. Naturally, if you refuse, you will be held liable as if you had participated in a full tender with many participants and won it. If you submit a single bid and it fails, the customer must re-bid.

2. The auction did not take place if there are several participants in it
a) Suppose that there are several participants in the electronic auction, but only one of them satisfies the requirements for the second part of the application. Accordingly, in this case, the rule of paragraph “1” applies, that is, the state customer concludes a contract with this participant without approval from the regulatory authority.
b) There are several participants in the auction, but the state customer rejected all applications at the stage of consideration of the second parts. The solution is to conduct new auctions.

3. No bids have been submitted (there are no bidders 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 forbidden, however, to change the object of procurement (but at the same time it is formally possible, but not recommended, to change its cost, as well as the deadlines). A notice to the EIS must be submitted by the customer no later than 5 days (calendar) before the date 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, these persons in this case must be indispensable counterparties of the customer for at least 18 months before the date of the request for similar supplies.

4. The auction did not take place if all bids were rejected at the stage of consideration of the first parts
In theory, this is hardly possible, but in fact, anything can happen in electronic trading. Accordingly, in this case, the previous paragraph on the request for proposals applies. 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 solved by agreement in the supervisory authority.

5. The auction did not take place, since none of the participants went to it
According to part 3 of article 71, the problem is solved by coordination with the regulatory authority (the first application that meets the conditions of the auction). If no application complies, or the application complies, but the participant is ready for termination, then a clause is applied that is suitable under the terms of 44-FZ:

"3. In the event that an electronic auction is declared invalid on the grounds provided for by 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 Clause 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, an application for participation in which is filed:

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