Part 4 of article 71 44 fz. Failed auction

Federal Law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was passed in State Duma On March 22, 2013, 5 days later, it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Vv. 1-15) Described general provisions of this law, i.e. in what area it is applied, basic concepts, principles of concluding contracts and beyond;
2. (Art. 16-23) This describes the rules for planning public procurement;
3. (Art. 24-96) Describes according to what rules public procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) it is one of the important components of the Federal Law 44 for dummies, the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part of the legislation contains information on dispute resolution;
7. (Art. 108-111) Each article of this chapter is devoted to the specifics of concluding and executing a contract for certain types of public procurement;
8. (Art.-112-114) Final chapter contains the final information of Federal Law 44 for dummies.

In the above chapters state authorities amended on June 7, 2017. The legal force of Federal Law 44 for dummies came on June 18, 2017.

Basic moments

To participate in public procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in the legislation of Russia, so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activity of the supplier's company is not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier organization has no debt obligations for taxes and fees;
• a person acting as a potential supplier must not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for dummies, there is no conflict of interest when concluding a contract;
• the supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data are indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to find orders suitable for them in the search engine on the public procurement website, then take part in the auction;
• According to 44 FZ for dummies, when the customer chooses the most profitable option for himself, he concludes a contract with the supplier. On the basis of the contract, the parties fulfill their obligations.

The difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a restriction for dummies - public procurement is carried out only from one supplier.

Requirements for customers in both laws are different.

According to Federal Law 44 for teapots, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for teapots, the following can act as customers:

• enterprises where there is a state share of more than 50%;
• organizations involved in certain types activities - water supply, energy, etc.;
• monopoly organizations - gas, Russian Railways, etc.;
• budgetary organizations that carry out public procurement at the expense of extrabudgetary funds (for example, at the expense of grants).

Procurement under 44 FZ: where to start?

It is difficult to start the procedure of participation in public procurement. All the most important things you need to know from the 44 Federal Laws on public procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the rights of the organization to participate in the auction;
• prepare a package of documents for a product (service) that meets the requirements of the customer;
• develop a system of activities that are carried out before the conclusion of the contract;
• appoint responsible persons for carrying out activities.

To conclude a contract, it is necessary to take into account the terms established by Federal Law 44.

Download the text of the law

According to 44 FZ for dummies, public procurement is divided into:

• contests;
• auctions (electronic placement of orders);
• quotes;
• public procurement from sole supplier.

To become a supplier, you must study Federal Law 44 for dummies. Download Federal Law "On contract system in the field of public procurement of goods, works, services to meet state and municipal needs”, you can .

Art. 3 reveals the term determination of the supplier (contractor, performer), as a set of actions, starting from the placement of a notice of purchase or an invitation and ending with the conclusion of a contract. That is, the law gives a complete definition of all stages of the procurement process and should be a reference book for all its parties.

The procurement procedure includes according to FZ-44:

• Posting Procurement Plans and Schedules
• Preparation, placement of procurement documentation
• Definition of a supplier (contractor, performer)
• Conclusion of a contract
• Acceptance of goods, works, services
• Posting reports

Cancellation of the definition of the supplier is possible no later than 5 days before the deadline for submitting applications for the tender and auction and no later than 2 days for requesting quotations.

Procurement planning according to 44-FZ

Chapter 2 consists of 8 articles (vv. 16-23). It regulates planning, justification, rationing, information about the NMTsK (initial maximum contract price), procurement identification.
According to 44-FZ, the state customer is obliged to plan purchases, place purchase plans and schedules. Thus, before the announcement of the purchase, you can plan participation and search for a tender, waiting for its publication by the customer.

Procurement plans under 44-FZ

Procurement plans should include:

1. Purchasing identification code
2. Purpose of the procurement
3. Name of objects of procurement
4. Funding volume
5. Deadlines, periodicity
6. Justification of the initial maximum price and the method of determining the supplier

Schedules according to 44-FZ

Schedules should include:

1. Identification code
2. Name and description of the procurement object
3. Indication of characteristics:
   • quantity of goods
   • scope of work or service
   • terms
   • periodicity
   • starting price
   • advance payment
   • payment stages
4. Additional requirements for participants and their rationale
5. The method of determining the supplier and its rationale
6. Purchase start date
7. Information about securing the participant's application and securing the execution of the contract

The schedule (PG) is developed for 1 year. Approved within 10 business days after the customer receives the volume of rights in monetary terms. The PG is placed in the UIS within 3 business days. Procurement not included in the schedules is prohibited.

Features of procurement planning within the framework of the state defense order (state defense order) are established by 275-FZ "On the state defense order".

Procurement under 44-FZ

Chapter 3 is more than half of the volume of 44-FZ, consists of 7 paragraphs, including 73 articles (Art. 24-96).

This is the most important section for suppliers. It defines the types of procurement, stages, deadlines, requirements, etc.

1 paragraph - general provisions of the third chapter. Consists of 24 articles and describes:

• ways to identify suppliers
• centralized procurement
• participation in the procurement of special subjects
• requirements for procurement participants under 44-FZ
• evaluation of applications
• application support forms
• concepts of contract service
• specialized and expert organizations

Methods for determining the supplier according to 44-FZ

2 paragraph - determination of suppliers through tenders and auctions. Covers 24 articles.

When determining a supplier, customers use competitive ways or purchases without bidding under 44-FZ (purchase from a single supplier).

Competitive methods for determining a supplier according to 44-FZ

1. Open competitions
   • Open competition
   • Limited Entry Competition
   • Two-stage competition
2. Closed contests
   • Closed competition
   • Closed competition with limited participation
   • Closed two-stage competition
3. Auctions
   • Electronic auction
   • Closed auction
4. Quote request
5. Request for proposals

Evaluation of applications under 44-FZ

The customer evaluates applications according to the following criteria

1. Operating costs
2. Characteristics
   • quality
   • Functional
   • Environmental
3. Qualification
   • Financial resources
   • Equipment and other material resources
   • Experience in the subject matter of the contract
   • Business reputation
   • Qualification of specialists

The customer is obliged to indicate in the documentation a list of criteria and their significance.

At the proposal preparation stage, it is possible to estimate how many points each evaluation criterion can bring.

There can be at least 2 criteria, one of which is the price. At the same time, for example, the significance of operating costs cannot be higher than the price.

The procedure for evaluating applications and the criteria are established by Government Decree No. 1085 “On Approval of the Rules for Evaluating Applications, Final Offers of Participants in the Procurement of Goods, Works, Services for State and Municipal Needs” dated November 28, 2013, the latest version of which was adopted in 2016.

The calculation formulas indicated in it for evaluating the application are far from clear to every customer and supplier.

Description of the object of purchase according to 44-FZ

When describing in the procurement documentation, the customer must be guided by the rules

1. Objective character of the description
2. Characteristics are indicated
   • Functional
   • Technical
   • quality
   • Operational
3. Requirements should not be included
   • Trademarks, service marks
   • brand names
   • Patents, utility models
   • industrial designs
   • Name of the place of origin of goods
   • Manufacturer's name
   • Requirements limiting the number of procurement participants

There are exceptions to these rules. It is possible to indicate trademarks if it is intended to use goods, the supply of which is not the subject of the contract.

However, the description must include the word "or equivalent", except in the case of incompatibility of goods or the purchase of spare parts and consumables.

When describing the procurement object, the customer may include

• Specifications
• Plans, drawings, sketches
• Photo
• Results of work, testing
• Test requirements and methods
• Requirements for packaging, marking, labels
• Confirmation of compliance of processes and production methods with technical regulations, standards and conditions
• Conventions and terminology

All goods must be new, not used, repaired or remanufactured, unless expressly provided for in the documentation.

If necessary, the customer can set requirements

1. To the warranty period
2. Scope of guarantees
3. Warranty Service
4. To the cost of operating the goods
5. Mandatory installation and commissioning
6. To the training of persons using and servicing the product

Any participant has the right to send a request for clarification on 44-FZ to the customer. The deadline for responding to a request for clarification of the provisions of the documentation is two days.

Contract service under 44-FZ

The contract service is needed for planning and implementation by the customer of the procurement of goods, works, services to meet state or municipal needs.

The customer under 44-FZ is obliged to create a contract service if the volume of purchases under 44-FZ exceeds 100 million rubles a year.

If the volume of purchases is less than 100 million, the customer has the right to create a contract service or appoint a responsible person - a contract manager.

The contract service operates on the basis of a model provision (regulation) approved by order of the Ministry of Economic Development of October 29, 2013 N 631 (as amended on October 24, 2016).

The number of contract service - at least two people. It is not necessary to create a structural unit, it is enough to approve the permanent composition of employees performing the functions of a contract service and appoint a manager.

Requirements for the qualification of a contract manager or employees of a contract service - higher education or additional professional education in the field of procurement.

The basic functions and powers of the contract service are diverse and follow from 44-FZ. In order to fulfill them, contract service employees should not disclose information, enter into negotiations with procurement participants, and may involve expert organizations in their work.

Other powers of the contract service:

• Consultations with suppliers, contractors, contractors to determine competitive environment, the best technologies and solutions to ensure public procurement
• Mandatory public discussion of the procurement of goods, works, services
• Approval of requirements for purchased goods, works, services
• Participation in the consideration of cases on appealing the actions or inaction of the customer to the Federal Antimonopoly Service, claim work
• Development of draft customer contracts
• Verification of bank guarantees of the supplier, contractor, performer
• Return organization Money as bid security or contract security

Expert organization for 44-FZ

The customer engages experts and expert organizations under 44-FZ to perform functions, for example, for the acceptance of goods, works, services.

Expertise under 44-FZ cannot be carried out:

• Individuals
• Officials or employees of the customer (acting or who have been in the past two years)
• Persons having property interests under this contract
• Close relatives of the head of the customer, members of the contract service, the procurement commission
• Officials or employees of the contractor, supplier, performer
• Legal entities in which the customer or supplier under the contract has a share of 25% or more
• Individuals or legal entities that may be directly or indirectly influenced by the supplier or customer

Contract according to 44-FZ

Several articles are devoted to the terms of the contract, the procedure for its conclusion, changes and termination in 44-FZ. Art. 34 sets general principles. The contract (agreement) is concluded on the terms stipulated by the notice, invitation, documentation, application and the final offer of the participant.

The term for concluding a contract under 44-FZ is on average 10 to 20 days from the date of publication of the protocol. At the same time, the supplier submits a security for the performance of the contract under 44-FZ. The most popular way is a bank guarantee to enforce the contract.

An increase in the price of the contract is possible at the initiative of the customer by no more than 10%, if the quantity of goods supplied increases. The procedure for concluding a contract is described separately for each type of supplier definition.

Tenders under 44-FZ

Federal Law 44-FZ on the contract system does not use the concept of "tender", which is widely used among suppliers and in the business environment.

The tender is synonymous with the definition of a supplier on a competitive basis, which is referred to in the legislation as “purchase”. 44-FZ, suppliers are sometimes called auction law or the federal law on tenders and auctions.

Analysis of tenders under 44-FZ is a necessary step before making a decision to participate in the procurement. Read the notice, documentation, technical task, draft contract. To participate in tenders under 44-FZ, you will need to submit an application security.

Open tender under 44-FZ

Art. 48-55 define the conditions for holding an open tender (Article 48), documentation requirements, the procedure for submitting, considering applications, concluding a contract. Participation in open competition represents a major challenge for suppliers. The customer evaluates bids according to a variety of criteria (Article 53).

An application for participation in an open tender under 44-FZ is submitted in paper form in a sealed envelope.

Applications can contain thousands of pages, weigh tens of kilograms, and take several weeks to prepare. Most often, it is the competition that is called a tender.

Electronic auction under 44-FZ

AT electronic auction the supplier with the lowest contract price wins.

Bidding under 44-FZ goes down from the initial price per auction step.

Art. 59-71 regulate the holding of an electronic auction (Art. 59), starting from accreditation on electronic platforms (Art. 61) to the conclusion of a contract.

The law does not provide a list of electronic trading platforms where electronic auctions are held, so suppliers will have to independently understand the nuances of accreditation and submitting an application for an auction, which consists of 2 parts. If the participant was rejected under the second part of the application 44-FZ, re-read the list of documents (clause 5, article 66).

The customer cannot arbitrarily decide which goods, works or services he will purchase at the auction and which not.

He is obliged to conduct purchases in the form of an auction, according to the list of goods, works, services, in the event of the purchase of which the customer is obliged to conduct an auction in electronic form(electronic auction), approved by the order of the Government of the Russian Federation.

Request for quotations under 44-FZ

Articles 72-79 describe the determination of a supplier by means of a request for quotation (Article 72). The requirements for conducting a request for quotations (Article 73), the procedure for conducting (Article 74), filing, consideration and evaluation of applications (Article 78) are established.

Request for quotations is the most accessible format for participation in public procurement. To prepare a quotation order under 44-FZ, an EDS is not required for electronic trading

Applications are submitted in paper form in envelopes and certified traditional way with the signature of an authorized person and the seal of the organization.

4-7 paragraphs 44-FZ contain a total of 14 articles. They establish the definition of a supplier by conducting a request for proposals, closed methods for determining suppliers, purchasing from a single supplier and the features of execution, modification, termination and provision of a contract.

Request for proposals for 44-FZ

The sixth and seventh chapters include 8 articles and contain the procedure for appealing against violations of the law and the specifics of the implementation certain types procurement, such as energy service contracts and state defense orders.

The eighth chapter of the 44-FZ consists of 3 articles and contains the final provisions and the procedure for the entry into force of certain articles of the law, which, as mentioned above, come into force sequentially for 3 years, starting on January 1, 2014, ending on January 1, 2017 of the year.

Help on 44-FZ

If you experience difficulties with the application of 44-FZ or do not yet own the provisions of this law, you can contact our specialists.

Federal Law No. 44-FZ dated 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - Law No. 44-FZ) allows changing the terms of the contract in the following cases:

- when concluding a contract- in accordance with Part 18 of Article 34 of Law No. 44-FZ, the customer, in agreement with the procurement participant, with whom a contract is concluded in accordance with Law No. 44-FZ, has the right to increase the quantity of goods supplied by an amount not exceeding the difference between the contract price proposed such a participant, and the initial (maximum) price of the contract (price of the lot), if this right of the customer is provided for by the tender documentation, auction documentation. At the same time, the price of a unit of goods must not exceed the price of a unit of goods, determined as the quotient of dividing the price of the contract indicated in the application for participation in the tender or proposed by the auction participant with whom the contract is concluded, by the quantity of goods indicated in the notice of the tender or auction;

- in the performance of a contract- in accordance with part 1 of article 95 of Law No. 44-FZ, amendment essential conditions contract is not allowed, except for their change by agreement of the parties:

1) if the possibility of changing the terms of the contract was provided for by the procurement documentation and the contract, and in the case of procurement from a single supplier (contractor, performer) by the contract:

a) when the price of the contract is reduced without changing the quantity of goods, the volume of work or services provided for by the contract, the quality of the goods supplied, the work performed, the service provided and other conditions of the contract;

b) if, at the suggestion of the customer, the quantity of goods, volume of work or service provided for by the contract is increased by no more than ten percent or the quantity of goods supplied, the volume of work performed or service provided is reduced by no more than ten percent. At the same time, by agreement of the parties, a change is allowed, taking into account the provisions of the budget legislation Russian Federation the price of the contract in proportion to the additional quantity of goods, additional volume of work or service based on the price of a unit of goods, work or service established in the contract, but not more than ten percent of the contract price. When reducing the quantity of goods, volume of work or service provided for by the contract, the parties to the contract are obliged to reduce the price of the contract based on the unit price of the goods, work or service. The price of a unit of additionally delivered goods or the price of a unit of goods in case of a decrease in the quantity of goods supplied under the contract must be determined as the quotient of dividing the original price of the contract by the quantity of such goods provided for in the contract.

Article 70 of Law No. 44-FZ establishes the procedure for concluding a contract based on the results of an electronic auction.

In accordance with Part 2 of Article 70 of Law No. 44-FZ, a draft contract is drawn up by including the price of the contract offered by the electronic auction participant with whom the contract is concluded, information about the product (trademark and (or) specific indicators of the product) specified in the application for participation in the auction of its participant, in the draft contract attached to the auction documentation.

Based on the results of the electronic auction, the customer calculates the price per unit of goods (work, services), which is included in the draft contract sent to the winner of the electronic auction.

When the price proposed by the participant of the electronic auction is included in the draft contract, the price per unit of goods (work, services) must be reduced in proportion to the reduction factor based on the results of the electronic auction. The sum of prices per unit of goods (works, services) must correspond to the price offered by the winner of the electronic auction and specified in the protocol of the electronic auction.

In accordance with the provisions of part 4 of article 70 of Law No. 44-FZ, it is allowed for the winner of the auction to place in a single information system of the protocol of disagreements no later than within thirteen days from the date of placement in the unified information system of the protocol of summing up the results of the electronic auction. At the same time, the winner of the auction, with whom the contract is concluded, indicates in the protocol of disagreements comments on the provisions of the draft contract that do not correspond to the notice of such an auction, documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

There are no restrictions related to the number of placements of this protocol, taking into account the specified period, by Law No. 44-FZ.

In the course of their work, budgetary institutions purchase goods or services through electronic open auctions. The winners of such auctions are the companies or individuals who offer the lowest price for the execution of the order.

The choice of the executor of the order in the event that the auction did not take place depends on the reason for the cancellation of the auction and is governed by the provisions of Art. 71 of law No. 44.

Basic provisions

A failed purchase auction is called if the auction for a decrease was not held. The reasons for the lack of bidding may be as follows:

• only one potential candidate expressed a desire to participate in the auction;
• Among all submitted, only one meets the necessary requirements;
• none of the registered ones started trading in the second stage competition;
• no one has expressed a desire to participate in the competition;
• none of the participants meet the requirements.

Consequences of declaring an auction invalid

If the procurement committee declared the auction invalid, then the following options are possible:

• conclusion of a contract for the execution of an order with;
• organization of a new purchase with a reduced maximum contract price;
• choice of performer.

An agreement with a single applicant is concluded if both parts of the application submitted by him are approved by the competition commission.

It is important to know that a new purchase with a lower maximum price after the auction is declared invalid can only be organized with the same parameters of the required product, service package or work.

For example, if the subject failed purchase was the supply of office equipment for, then the conditions of the new purchase for office equipment should indicate the same characteristics, country of origin and quantity as in the conditions of the previous purchase.

Upon recognition of the auction failed customer also has the right not to conduct a new purchase, but to select a contractor by requesting proposals in the manner prescribed by paragraph 4 of Ch. 3 of law no. 44.

The request for proposals involves determining the contractor who offered the most optimal characteristics of the required product or service.

The organization of a new purchase or a request for proposals is carried out in the event that no bids were submitted for the auction or none of them meets the requirements of the customer.

1. In the event that an electronic auction is declared invalid on the grounds provided for by paragraph 16 of Article 66 of this federal law due to the fact that 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:

1) operator electronic platform no later than the working day following the deadline for filing applications for participation in such an auction, sends to the customer both parts of this application, as well as information and electronic documents provided for by Part 11 of Article 24.1 of this Federal Law;

paragraph 1 of this part, is obliged to send a notification to the participant of such an auction who has 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 Clause 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 of the electronic site a protocol for considering a single application for participation in such an auction, signed by members auction commission. The specified protocol must contain the following information:

A) a decision on the compliance of the participant of such an auction, who submitted a single application for participation in such an auction, and the application submitted by him with the requirements of this Federal Law and documentation on such an auction, or on non-compliance this participant and the application filed by him to the requirements of this Federal Law and (or) documentation of such an auction with the rationale for this decision, including an indication of the provisions of this Federal Law and (or) documentation of such an auction that a single application for participation in such an auction does not comply with;

B) the decision of each member of the auction commission on the compliance of the participant in such an auction and the application submitted by him with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of the specified participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and (or) documentation on such an auction; auction;

4) a contract is concluded with a participant in such an auction that has submitted a single application for participation in it, if this participant and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation for such an auction, in accordance with clause 25.1 of Part 1 of Article 93 of this Federal Law in accordance with the procedure established by Article 83.2 of this Federal Law.

2. If the electronic auction is declared invalid on the grounds provided for by Part 8 of Article 67 of this Federal Law due to the fact that the auction commission has decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant:

part 6 of article 67 of this Federal Law, is obliged to send to the customer the second part of the application for participation in such an auction, filed by this participant, as well as information and electronic documents of this participant, provided for by part 11 of article 24.1 of this Federal Law;

2) the operator of the electronic site, within the period specified in clause 1 of this part, is obliged to send a notification to the sole participant of such an auction;

3) the auction commission, within three working days from the date of receipt by the customer of the second part of this application of the sole participant in such an auction and the documents specified in clause 1 of this part, considers this application and the specified documents for compliance with the requirements of this Federal Law and documentation on such an auction and sends to the operator of the electronic site the protocol of consideration of the application of the sole participant of such an auction, signed by the members of the auction commission. The specified protocol must contain the following information:

A) a decision on the compliance of the sole participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and documentation on such an auction, or on the non-compliance of this participant and this application with the requirements of this Federal Law and (or) documentation on such an auction, with the rationale for this decision , including indicating the provisions of this Federal Law and (or) documentation of such an auction, which this application does not comply with;

B) the decision of each member of the auction commission on the compliance of the sole participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and documentation on such an auction, or on the non-compliance of this participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and ( or) documentation of such auction;

4) contract with sole member of such an auction, if this participant and the application submitted by him for participation in such an auction are recognized as complying with the requirements of this Federal Law and documentation on such an auction, is concluded in accordance with Clause 25.1 of Part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.

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 an offer on the contract price:

1) the operator of an electronic site, within one hour after the posting on the electronic site of the protocol specified in Part 20 of Article 68 of this Federal Law, 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 information and electronic documents of participants in such an auction, provided for by Part 11 of Article 24.1 of this Federal Law;

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 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. 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 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 the rationale for this decision , including an indication of the provisions of the documentation of such an auction, which do not correspond to these applications, the content of these applications, which does not comply with the requirements of the documentation of such an auction;

B) the decision of each member of the auction commission on the compliance of the participants in such an auction and their applications 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 their applications with the requirements of this Federal Law and (or) documentation on such auction;

4) the contract is concluded in accordance with Clause 25.1 of Part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law, with a participant in such an auction, an application for participation in which is submitted:

A) earlier than 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;

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.

3.1. If the electronic auction is declared invalid on the grounds provided for by Part 13 of Article 69 of this Federal Law due to the fact that the auction commission has 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, a contract with a participant in such an auction that submitted the said bid is concluded in accordance with Clause 25.1 of Part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.

4. If an electronic auction is recognized as not having taken place on the grounds provided for by Part 16 of Article 66, Part 8 of Article 67 and Part 13 of Article 69 of this Federal Law due to the fact that by the end of the deadline for filing applications for participation in such an auction no not a single application for participation in it or, based on the results of consideration of the first parts of applications for participation in such an auction, the auction commission decided to refuse admission to participation in it of all its participants who submitted applications for participation in such an auction, as well as on the grounds provided for by part 13 of Article 69 of this Federal Law due to the fact that the auction commission has made a decision on non-compliance with the requirements established by the documentation for an electronic auction, all the second parts of applications for participation in it, or on the grounds provided for by Part 15 of Article 83.2 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and the right to purchase by conducting a request for proposals in electronic form in accordance with Clause 5 of Part 2 of Article 83.1 of this Federal Law (in this case, the object of procurement cannot be changed) or a new procurement in accordance with this Federal Law.

Judicial practice under article 71 of the Federal Law of 04/05/2013 No. 44-FZ

Decision dated October 29, 2018 in case No. А59-2996/2017

Arbitration Court of the Sakhalin Region (AC of the Sakhalin Region)

The procurement participant who offered the lowest contract price is recognized. Order of conduct open auction in electronic form and the conclusion of a contract based on the results of its implementation is established in Articles 59-71 of Federal Law No. 44-FZ. According to Part 1 of Article 70 of Federal Law No. 44-FZ, based on the results of an electronic auction, a contract is concluded with the winner of such an auction, and in cases provided for ...

Decision dated October 24, 2018 in case No. А53-25799/2018

Court of Arbitration Rostov region(AS of the Rostov region)

Contractor, contractor) in accordance with the provisions of Article 84 of Law No. 44-FZ. Meanwhile, the electronic auction No. 0858100000117000364 was carried out by the customer in an open form according to the rules of Articles 59-71 of Law No. 44-FZ. According to part 4 of article 94 of Law No. 44-FZ, the results of a separate stage of contract execution, information about the delivered goods, work performed or about the service provided (for ...

Decision dated October 22, 2018 in case No. А20-3923/2018

Arbitration Court of the Kabardino-Balkarian Republic (CA of the Kabardino-Balkarian Republic)

Or municipality, as well as budget institution or otherwise legal entity(parts 1, 4 and 5 of article 15). The procedure for conducting an electronic auction is regulated by Articles 59-71 of Law No. 44-FZ. By virtue of Part 1 of Article 65 of the Arbitration Procedure Code of the Russian Federation, each person participating in the case must prove the circumstances to which he refers as the basis of his ...

Decision dated October 18, 2018 in case No. А10-2072/2018

Arbitration Court of the Republic of Buryatia (AC of the Republic of Buryatia)

10 of the protocol dated March 14, 2018, it was determined that, based on the consideration of a single application for participation in an electronic auction and in accordance with Part 1 of Article 71 of Federal Law No. 44-FZ dated April 5, 2013, the contract is concluded with a single participant - YUS-Group LLC. 03/30/2018 by the administration of the municipality, the urban settlement "city of Zakamensk" (customer) ...