Failed electronic auction. actions of the participants if the electronic auction (UAEF) is declared invalid

• Only 1 URZ applied (see above).

• Only 1 URZ was admitted to the UAEF. His application was recognized as appropriate, the rest were rejected.

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

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

• A protocol for recognizing an electronic auction (EAEF) as invalid is drawn up and posted on the site.

• This is a procedure that involves the execution and placement of a protocol on recognizing the auction (UAEF) as invalid.

• The reason for the recognition of the auction as invalid: only 1 participant was admitted and / or announced.

• Info that a state contract will be concluded with this participant. Contract.

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

• There is one member.

• Signing a contract with this member.

• There are no participants or applications.

• Repeat auction.

• Reordering an order.

• No applications.

• All applications (all URZ) are rejected.

• 1 participant allowed.

• There were no offers the course of the auction.

Repeat auction in electronic form.

Grounds for declaring an electronic auction invalid are possible at various stages of the procedure. At the stage of identifying participants in an electronic auction, the procedure is recognized as failed if no applications for participation have been submitted. In this case, the customer makes changes to the procurement schedule, if necessary, to the procurement plan, and purchases by request for proposals or by other means of procurement (part 4 of article 71 of the Law on contract system).

Also, at the stage of identifying participants in an electronic auction, the procedure is recognized as failed if only one application is submitted. In this case, the customer makes changes to the procurement schedule, as well as:

• the auction commission shall include in the protocol of the electronic auction only one proposal for the price of the contract;
• the operator of the electronic site no later than the working day following the deadline for filing applications, sends to the customer both parts of this application, as well as the documents of the auction participant that submitted it, formed during the accreditation of the participant (with the exception of the address Email), and also sends a notification to the participant within the same period;
• the auction commission, within three working days from the date of receipt of the application and documents, considers this application and these documents for compliance with the requirements of the Law on the contract system and documentation on the electronic auction and sends the protocol of consideration of a single application to the operator of the electronic site;
• if this participant and the application submitted by him are recognized as complying with the requirements of the Law on the contract system and documentation on the electronic auction, a contract is concluded with this participant (subject to the approval of the control authority by the customer).

Important to remember

In a joint letter of the Ministry of Economic Development of Russia No. 23679-EE/D28i and the Federal Antimonopoly Service of Russia No. LTs/39384/14 dated September 30, 2014 “On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the application of the norms federal law dated April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” in relation to the consequences of submitting one contract price proposal during an electronic auction” explains the features of an electronic auction in accordance with the Contract Law.

Part 1 Art. 93 of the Law on the contract system. The joint letter of the Ministry of Economic Development of Russia No. 658-EE/D28i and the Federal Antimonopoly Service of Russia No. АЦ/1587/15 dated January 20, 2015 contains the following clarification. Federal Law No. 498-FZ dated December 31, 2014 entered into force on December 31, 2014. Starting from this date, if the electronic auction is declared invalid in accordance with Parts 1-3.1 of Art. 71 of the Law on the contract system, the customer concludes a contract with a single supplier (contractor, performer) on the basis of clause 25, part 1, art. 93 of the Law on the contract system. At the same time, the 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, even if the auction was declared invalid before December 31, 2014. The need for such approval in accordance with paragraph 25 of Part 1 of Art. 93 of the Law on the contract system arises only if the open competition, competition with limited participation, two-stage competition, repeated competition, request for proposals.

At the stage of bidding, the basis for recognizing an electronic auction as invalid is the case if more than one application was submitted and more than one participant was admitted to participate in the auction, but none of the admitted participants took part in the bidding, in this case the following procedure is provided:

• operator of the electronic site within one hour after posting on electronic platform of the protocol on recognizing the auction as invalid sends to the customer the specified protocol and the second parts of the applications for participation in this auction submitted by its participants, as well as the documents of the participants in such an auction, formed during the accreditation of the participant (with the exception of the e-mail address), and also sends notices to participants;
• 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, considers the second parts of these applications and documents for compliance with the requirements of the Law on the contract system and documentation on the electronic auction and sends the protocol of the electronic site to the operator of the electronic site the outcome of such an auction.

In this case, the customer needs to make changes to the procurement schedule, then he purchases from sole supplier(contractor, performer) in accordance with paragraph 25 of part 1 of Art. 93 of the Law on the contract system in agreement with the supervisory authority (part 1 of article 71 of the Law on the contract system).

At the stage of determining the winner of the electronic auction, the procedure is declared invalid if the winner and the "second" winner evaded the conclusion of the contract. The customer needs to make changes to the procurement schedule, then he carries out the procurement by request for proposals or other procurement method (part 4 of article 71 of the Law on the contract system).

• After making changes to the procurement schedule, the customer purchases from a single supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Art. 93 of the Law on the contract system in agreement with the FAS Russia (part 1 of article 71 of the Law on the contract system). At the stage of consideration of the first parts of applications, there may be two grounds for declaring the electronic auction invalid. In the event that more than one application was submitted, but not a single application was admitted to participate in the auction, the customer makes changes to the procurement schedule and purchases by request for proposals or by other procurement method (part 4 of article 71 of the Law on the contract system). The second case, if more than one application was submitted, but only one application was admitted by the customer to participation, the following procedure is established: the operator of the electronic site, within one hour after posting the protocol for considering applications on the electronic site, sends the second part of the application to the customer, as well as the documents of the auction participant who submitted it, formed in the process of accreditation of the participant (with the exception of the e-mail address), as well as a notification is sent to the participant within the same period; auction commission within three working days from the date of receipt by the customer of the second part of this application sole member of such auction and documents examines this application and these documents for compliance with the requirements of the Law on the contract system and documentation
• electronic auction and sends the protocol of consideration of a single application to the operator of the electronic site; if this participant and the application submitted by him are recognized as complying with the requirements of the Law on the contract system and the documentation on the electronic auction, a contract is concluded with this participant (subject to the approval of the FAS Russia by the customer). It is important to remember that the Customer needs to make changes to the schedule, then he purchases from a single supplier (contractor, performer) in accordance with clause 25

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.

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. Publication of notice in repeated procedure carried out at least 10 days before the date of opening the envelopes (not 20 days, as in the usual case).

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.

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 filed the only application, and it did not pass, the customer must conduct a new auction.

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 the failed auction, however, it is prohibited, 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.

• On the procedure for conducting bankruptcy auctions
• Stages of sale of property of debtors.
• If the auction did not take place
• If the property is not sold
• Conclusion

AT Russian Federation appear daily bankrupt organizations. Often such enterprises or firms have property that must be sold in accordance with applicable law.

The property values ​​of debtors or bankrupts are sold at bankruptcy auctions. At the same time, if the property is sold, then all parties usually benefit from this. The buyer gets a bargain at an attractive price, the bankrupt organization has at least some opportunity to stabilize its position, and the organizers of the auction deserve a legitimate commission.

But what happens if the debtor's property could not be sold? Who's in charge future fate object? It is this question that we will consider in today's material.

Before solving such problems, it is necessary to understand what precedes the situation when the debtor's property values ​​cannot be realized. Therefore, it is necessary to refer to order and timing of the auction.

On the procedure for conducting bankruptcy auctions

Debtor's property land, real estate, cars securities) is implemented within two months from the moment when the object passed to auction organizers. At the same time, the organizers undertake to hold some sort of advertising company lot, that is, place ads in the media and the Internet. Thus, a larger number of potential buyers are attracted, and consequently, the activity of the future struggle at the event indirectly increases and the likelihood of a more profitable sale increases.

It is noteworthy that not every organization can sell the debtor's property.

Modern legislation establishes some criteria that the firm organizing the auction must have:

• positive experience in this activity;
• good reputation;
• the possibility of self-assessment of property objects of various categories;
• highly skilled workers;
• the availability of financial resources to ensure obligations for the sale of the debtor's property.

There is a certain procedure for trading. This sequence is regulated by the Code of the Russian Federation, decrees of the Government of the Russian Federation, as well as federal laws.

In general, the debtor's property is sold in three stages:

1. primary auctions;
2. repeat bidding;
3. bidding on a public offer.

Each subsequent stage comes if the previous one did not take place. Note that repeated bidding, as well as bidding through public offer are characterized by a price reduction and are the most beneficial for the buyer. Sale at the primary auction is more beneficial for the debtor.

But still, the object will have the lowest price on a public offer. For buyers, this is a gold mine, where sometimes property values ​​are sold at prices 10 times lower than the market price.

Stages of sale of property of debtors.

If the auction did not take place

To move on to the main question, it is necessary to mention the cases failed auctions.

Typically, an auction can be declared invalid in the following cases:

• when there is no struggle at the auction, that is, the participants refuse to raise the initial price of the object. In fact, this means that the buyer is absent;
• when the winning bidder refuses to conclude a contract of sale for the object. Such an agreement must be concluded within 5 days from the end of the auction.

In the presence of such situations, the organizers appoint repeated auctions no earlier than 10 days and no later than 30 days from the date of the first auction. In case of failed bidding, all bidders must be deposits returned previously entered by them. However, there are exceptions here.

For example, if the winner refuses to sign the auction protocol and conclude a sale and purchase agreement, then the organizers are allowed to keep his deposit. This is a completely fair decision, because it is not allowed to approach and participate in the auction with such frivolity.

It is also worth mentioning the joint work of the organizers of the auction and executive bodies. There must be complete mutual understanding between these structures, all legal formalities must be observed. If this is not the case, then there is a high probability that the auction will be held in violation, and this implies the presence of costs for all parties.

If the property is not sold

There are situations when it was not possible to sell the debtor's property at all three auctions. In this case, the bailiff addresses the claimant with a proposal to keep the debtor's property to himself. Such an offer is often not profitable for the claimant, because the storage of such property is associated with certain costs.

It should also be noted that the transfer of the debtor's property to the recoverer is carried out with a price reduction of 25% below the market price. Very often, creditors refuse this option to resolve the issue. In this case, the property may be returned to the debtor.

Of course, these situations are rare, but they do happen. In this case, the bailiff is obliged to send copies of the decisions to the parties. The recoverer has the right to demand other objects from the bankrupt organization for subsequent sale at the auction, but a sufficient amount of time is lost on this.

Conclusion

This material shows that the problem of unsold property at the auction is, first of all, the problem of the organizers of the auction, which smoothly flows to the claimant. But for a bankrupt, this is a very twofold situation.

So, for example, when an object is of significant value, the debtor is glad to have it back. On the other hand, financial litigation on debt obligations is dragging on and it becomes possible to lose other values ​​at auction, and this, in turn, can only aggravate the situation.

Thus, it can be argued that failed auction are not beneficial to anyone, and each side is interested in their successful implementation. On this question can be considered closed. And remember, no matter which side you are on, in order to successfully conduct business and avoid additional problems, you need to approach financial issues in a balanced and confident way!