None of the bidders showed up for the auction. Auction

Auctioneer's speech

Dear participants of the auction, members of the auction commission and other persons present in the hall. Today we are holding open auction the right to conclude a state contract for __________________.

Before the auction, I will explain the procedure for conducting it (in addition to the rules that are specified in the auction documentation). On the screen you see the current, i.e. fixed price of the contract (black numbers). The offered price of the contract is highlighted in red, i.e. the current price reduced by the auction step. I will name the current price of the contract. After I say the phrase “please make offers”, you raise your card if you agree to conclude a contract at the proposed price. By raising the card, I will consider raising it above shoulder level. If the card is raised in the above way, and the offer is fixed by the auctioneer, then the auction participant has no right to refuse his offer. If several bidders picked up cards at the same time, I will visually identify the bidder who picked up the card first.

The auction step is set at five percent of the initial (maximum) contract price. If after three times the current price of the contract was announced by me, none of the participants raised the card, the auction step will be reduced by 0.5 percent of the initial (maximum) price of the contract: up to 4.5%, 4%, etc., but not below 0.5 percent of the initial (maximum) contract price.

If, after I announced the current price of the contract three times with an auction step of 0.5%, no auction participant has raised a card, the auction is considered completed.

I draw your attention to the fact that the state contract will be concluded at the price offered by the winner of the auction. At this price, the winner of the auction will have to deliver the goods in full, perform work, provide services (choose the right one). In case of improper fulfillment of its obligations under a government contract, in accordance with the law on placing orders, the auction winner will be fined, and he will also be included in the register of unscrupulous suppliers and he will be denied admission to participation in subsequent auctions for two years .

During the auction, I will use a hammer, with a blow of which I will fix the proposal for the contract price received from the auction participant, the decrease in the auction step due to the lack of a proposal for the contract price and the end of the auction. The proposal of the auction participant on the price of the contract is not accepted if it was received after the blow of the auctioneer's hammer.

During the auction, the authorized body shall make an audio recording.

In accordance with the submitted bids, the participants in the placement of the order, present here, undertook to participate in the auction to lower the initial (maximum) price. In order to ensure order during the auction, please observe the following rules.

During the auction, auction participants are PROHIBITED:

enjoy cell phones and other means with sound signals(should be turned off);

Leave the hall where the auction is taking place;

Interrupt and question the auctioneer;

Talk, enter into negotiations between yourself and other persons present in the hall.

If you have any questions about the auction procedure, I am ready to answer them.

I ask you to stay in the hall only for those participants in the auction who have applied for participation in the auction for lot No. __.

I ask participants to register and receive cards.

We start auction No. ___, lot No. ___ for the right to conclude a state contract ________________.

Initial (maximum) contract price ______________.

The auction step is set at five percent of the initial (maximum) contract price.

Auction participants who did not appear at the auction are ______________.

The current price of the contract is ________, the proposed price of the contract is _______, please make offers.

Option #1:

The current contract price is one, the current contract price is two,

Member #___,

Please make suggestions

Option #2:

No offers received

The auction step is reduced to 4.5%,

Current contract price ______,

Proposed contract price ______,

Please make suggestions

The current contract price is one, the current contract price is two...

Auction end:

The current contract price is one, the current contract price is two, the current contract price is three,

No offers received

The auction step is reduced to 0.5%,

Please note that this step of the auction is the minimum allowed. If after three times the current price of the contract is announced by me, no participant in the auction raises the card, the auction is considered to be over.

Current contract price ______,

Proposed contract price ______,

Please make suggestions

The current contract price is one, the current contract price is two, the current contract price is three.

The auction is over, the winner is determined: participant No. ___, ____________ (name of the participant),

The auction participant who made the penultimate offer is participant No. ___, ____________ (name of participant).

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 auction 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 which the issue of conditions is considered in more detail failed auction.

The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

Provided that the 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 sole supplier or hold a new tender in the form of a request for proposals or otherwise established by law.

Repeat auction

Holding 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.

In order to apply for participation in the auction without violations and corresponding to the requirements of the customer, it is best to contact the specialists. 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"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

1. State or municipal property is sold at an auction if its buyers do not have to fulfill any conditions in relation to such property. The right to purchase it belongs to the buyer, who will offer during the auction the most high price for such property.

2. The auction is open in terms of participants.

3. Offers on the price of state or municipal property are submitted by auction participants in sealed envelopes (closed form for submitting price offers) or declared by them openly during the auction (open form for submitting price offers). The form for submitting proposals for the price of state or municipal property is determined by the decision on the terms of privatization.

The auction, in which only one participant took part, is declared invalid.

If two or more bids for the price of state or municipal property are equal at an auction closed according to the form for submitting a bid, the winner is the participant whose bid was submitted earlier than other bids.

4. The duration of acceptance of applications for participation in the auction must be at least twenty-five days. Recognition of applicants as participants in the auction is carried out within five working days from the date of the deadline for accepting these applications. The auction is held no later than the third working day from the day the applicants are recognized as participants in the auction.

5. When conducting an auction, if an open form for submitting proposals on the price of state or municipal property is used, in the information message, in addition to the information specified in Article 15 of this federal law, indicates the amount of increase in the initial price ("auction step").

6. To participate in the auction, the applicant shall make a deposit in the amount of 20 percent of the initial price indicated in the information notice on the sale of state or municipal property.

The document confirming the receipt of the deposit to the account specified in the information message is an extract from this account.

(see text in previous edition)

7. In case of a closed form for submitting proposals for the price of state or municipal property, they are submitted on the day of summing up the results of the auction. At the request of the applicant, a sealed envelope with a proposal for the price of the specified property can be submitted when submitting an application.

8. The applicant is not allowed to participate in the auction for the following reasons:

the submitted documents do not confirm the applicant's right to be a buyer in accordance with the law Russian Federation;

not all documents are submitted in accordance with the list specified in the information message (with the exception of proposals for the price of state or municipal property at an auction), or the execution of these documents does not comply with the legislation of the Russian Federation;

the application was submitted by a person not authorized by the applicant to carry out such actions;

the receipt of the deposit on the accounts indicated in the information message within the established period was not confirmed.

The list of grounds for refusing a bidder to participate in the auction is exhaustive.

9. Prior to the recognition of the applicant as an auction participant, he has the right to writing withdraw the registered application. In case of withdrawal by the applicant in in due course application before the deadline for accepting applications, the deposit received from the applicant is subject to return no later than five days from the date of receipt of the notice of withdrawal of the application. If the applicant withdraws the application later date the end of the acceptance of applications, the deposit is returned in the manner established for the auction participants.

10. One person has the right to submit only one application, and in the case of an auction with a closed form for submitting proposals for the price of state or municipal property, only one proposal for the price of property sold at the auction.

11. Notice of recognition of the auction participant as the winner is issued to the winner or his authorized representative against receipt on the day of summing up the results of the auction.

In the name of the Russian Federation

Magistrate of court district No. 4 of Sayanogorsk of the Republic of Khakassia Beilman O.V.,

under the secretary Yuryeva N.S.,

having considered in open court a civil case on the claim of Rizin against the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk for the recovery of funds, interest for the use of in cash,

SET UP:

Rizin D.V. filed a lawsuit against the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk for the recovery of funds, interest for the use of funds, motivating the claim by the fact that the site municipality Sayanogorsk, a notice was published about an auction for the sale of the right to conclude a lease agreement land plot with location: sq.m., with cadastral number. The organizer of the auction is the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk. One of the conditions for participation in the auction was the payment of funds to the account of the defendant in the amount of 6,700 rubles. as a deposit. In order to participate in the auction, he submitted an application to the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk in the appropriate form, attaching a document confirming the transfer of the deposit in the required amount, and indicated the details for the return of the paid amount of the deposit, if he does not become the winner of the auction. After submitting the application, he was recognized as a participant in the auction. The auction took place on October 05, 2015, in which he could not take part due to illness and the lot was raffled between other participants. After the expiration of the three-day period provided for the return of the deposit to the participants who did not become the winners of the auction, to his personal account specified in the application, funds in the amount of 6700 rubles. did not arrive. When applying to the DAGN of Sayanogorsk with a request to return the money, he was refused, since, in accordance with the notice, the deposit is not returned if the auction winner evades signing the protocol on the results of the auction or the lease agreement. However, the deposit is not returned only to the winner of the auction, in case of his refusal to fulfill the terms of the transaction, and not to other persons. When concluding an agreement with the person who won the auction, the amount of the deposit made by him is counted towards the fulfillment of obligations under the concluded agreement. The plaintiff believes that the defendant has no legal grounds for withholding the amount of the deposit, since his failure to appear for participation in the auction is not a legal basis for refusing to return the amount of the deposit. He asks to recover from the defendant in his favor the amount of the deposit made by him on September 18, 2015 to participate in the auction for the sale of the right to conclude a lease agreement for a land plot in the amount of 6,700 rubles, interest for the use of other people's funds for the period from October 09, 2015. to November 08, 2015 in the amount of 50.57 rubles, the cost of paying the state fee when filing a claim in the amount of 400 rubles.

Claimant Rizin D.The. did not appear at the hearing, duly notified.

The representative of the plaintiff, acting on the basis of a power of attorney dated 11/16/2015, at the hearing supported the plaintiff's claims on the grounds specified in the statement of claim, asked the claim to be satisfied in full.

The representative of the defendant, acting on the basis of a power of attorney dated 12.01.2015, did not appear at the hearing, was duly notified, there is a statement in the case about the consideration of the case in the absence of a representative. Previously, she submitted a response to the statement of claim in which she indicated that the claim of the plaintiff to recover from the DAGN of Sayanogorsk the funds deposited as a deposit for participation in the auction in the amount of 6,700 rubles is not subject to satisfaction, since the specified amount is non-refundable. 09/03/2015 The DAGN of Sayanogorsk placed in the media and on the official websites of the municipality of Sayanogorsk a notice of an auction for the sale of the right to conclude a lease agreement for a land plot with a location: According to the published notice, applications with the necessary package of documents should have been submitted before 09/30/2015, including an integral annex to the application was a document confirming the payment of a deposit in the amount of 6,700 rubles. By the protocol of applications for participation in the auction dated 01.10.2015, the commission considered 13 submitted applications for participation in the auction, all 13 applicants were admitted to participate in the auction, including D.V. .2015 . According to the protocol of the results of the auction for the sale of the right to conclude a land lease agreement dated October 06, 2015, 11 participants were present at the auction on October 05, 2015, while two were absent from the auction procedure, including Rizin D.V. It should be noted that from Rizin D.The. no withdrawal of the application for participation in the auction was received either before September 30, 2015, or later than the specified date. Believes made by the plaintiff deposit ensured the plaintiff's obligation to participate in the auction, respectively, the stated requirements are not justified and are not subject to satisfaction.

The judge, after hearing the representative of the plaintiff, examining the materials of the case, comes to the following conclusion.

I DECIDED:

Statement of claim Rizin to the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk for the recovery of funds, interest for the use of funds to satisfy.

To recover from the Department of Architecture, Urban Planning and Real Estate of Sayanogorsk in favor of Rizin the amount of a deposit in the amount of 6,700 rubles, interest for the use of other people's money in the amount of 50 rubles. 57 kop., the cost of paying the state fee in the amount of 400 rubles.

The decision can be appealed to the Sayanogorsk City Court within one month from the date of its adoption in the final form.

World judge

court plot № 4 g.Sayanogorska Oh.The. Beilman

The operative part of the decision was announced on 12/16/2015.

The reasoned text of the decision was made on December 21, 2015.

Court:

Judges of the case:

Litigation on:

Arbitrage practice on the application of Art. 380, 381 of the Civil Code of the Russian Federation

Decision of the Fifth Arbitration Court of Appeal dated February 19, 2009 N 05AP-3147 / 2008 in case N A51-9714 / 2008-36-273 The failure of the representative to appear at the auction does not relieve the defendant from the obligation to return the deposit, since the plaintiff was a participant in the auction, but did not win it. The current legislation does not separately regulate the issues of the return of the deposit in cases where the person recognized by the participant auction is not up for bidding.

RESOLUTION

Case N А51-9714/2008-36-273

(extract)

Fifth Arbitration Court of Appeal,

having considered the appeal of the Administration of the city of Vladivostok at the hearing

in case N A51-9714 / 2008-36-273 of the Primorsky Territory Arbitration Court

on the claim of Stroyetalon LLC

to the Administration of the city of Vladivostok

for the recovery of 787,916 rubles

installed:

Stroyetalon LLC filed a claim with the Primorsky Territory Arbitration Court against the Administration of Vladivostok for the recovery of 787,916 rubles, of which 485,580 rubles were received as security for the auction bid, 2,336 rubles were interest for the use of other people's money, and 300,000 rubles were lost profits.

In accordance with Article 49 of the Arbitration Procedure Code of the Russian Federation, the plaintiff clarified the claims and asked to recover the principal debt in the amount of 485,580 rubles, interest in the amount of 11,653 rubles 60 kopecks, as well as legal costs in the form of expenses for a representative in the amount of 20,000 rubles.

By decision dated November 20, 2008, the Primorsky Territory Arbitration Court partially satisfied the claims, collected from the Administration of the city of Vladivostok 496,707 rubles 75 kopecks, including 485,580 rubles of the principal debt and 11,127.75 rubles of interest, 11,432 rubles 57 kopecks of state duty and 10,000 rubles of court costs.

Disagreeing with this decision, the Administration of the city of Vladivostok appealed against it on appeal, stating in the complaint that the court incorrectly applied the substantive law, gave an incorrect assessment of the circumstances of the case.

According to the applicant, the court unlawfully satisfied the claims, since the law establishes an exhaustive list of cases when the deposit paid by a person for participation in the auction is subject to return.

In addition, the Administration of Vladivostok considers that the plaintiff has not proven the fact that the defendant used the plaintiff's funds.

At the hearing, the applicant's representative supported the arguments of the complaint in full, considers the decision to be cancelled.

The plaintiff's representative did not appear at the hearing, he was duly notified of the time and place.

Guided by Art. 156 of the Arbitration Procedure Code of the Russian Federation, the court of appeal considered the complaint in the absence of the person who did not appear.

The decision is checked in the order of Articles 268 - 271 of the Arbitration Procedure Code of the Russian Federation.

As follows from the case file, in accordance with the minutes of the meeting of the unified commission for placing orders of the Administration of Vladivostok dated August 18, 2008 N 322.1 “On consideration of applications for participation in an open auction for the right to conclude a municipal contract for the performance of contract work on overhaul road st. Russian - st. Vyselkovaya LLC Stroyetalon LLC was recognized as a participant in the auction for the right to conclude a municipal contract for the performance of contract works for the overhaul of the Road.

According to paragraphs 2.10, 2.10.1 “Documentation of an open auction for the right to conclude a municipal contract for the performance of contract work for the overhaul of the road st. Russian - st. Vyselkovaya” participants are obliged to provide an application for participation in the auction by transferring to the account of the municipal customer - the Administration of Vladivostok 1% of the initial (maximum) cost of the Contract price, which is 485,580 rubles. rubles.

In pursuance of the above, the plaintiff listed this amount funds, which is confirmed by payment order N 255 dated August 14, 2008.

As a participant, Stroyetalon LLC did not appear at the open auction on 20.08.2008. The last day to return the amount received was August 25, 2008. Since the administration of Vladivostok did not return the funds received as security for the claimant's application for participation in the auction, the claimant filed this claim with the court.

After examining the case file, evaluating the arguments of the appeal, after hearing the applicant's explanations, the appellate court finds no grounds to cancel the judicial act.

According to paragraph 1 of Art. 447 Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), unless otherwise follows from its essence, an agreement may be concluded by holding an auction. Paragraph 4 of this article establishes that auctions can be held in the form of an auction or a competition.

By virtue of paragraph 4 of Art. 448 of the Civil Code of the Russian Federation, bidders make a deposit in the amount, terms and procedure specified in the notice of bidding.

In accordance with Article 37 of the Federal Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” dated July 21, 2005 N 94-FZ, if the requirement to secure an application for participation in an auction has been established, the customer, the authorized body, within five working days from the date of signing the protocol of the auction, are obliged to return the funds deposited as security for the application for participation in the auction to the auction participants who participated in the auction, but did not become the winners of the auction.

In paragraph 4 of Art. 448 of the Civil Code of the Russian Federation, it is established that the deposit is returned to persons who participated in the auction, but did not win it.

The case materials confirm that the plaintiff paid the sum of money set by the defendant and was recognized as a participant in the auction in accordance with paragraph 4.2 of the protocol for considering applications for participation in the auction N 322.1 dated 18.08.2008.

The absence of the auction participant (plaintiff) is not a basis for cancellation earlier decision about his recognition as a participant in the auction.

Thus, the court of appeal rejects the applicant's arguments in this part and considers the conclusion of the first instance court that the failure of the representative of Stroyetalon LLC to appear at the auction does not relieve the defendant from the obligation to return the deposit, since the plaintiff was a participant in the auction, but did not win it .

The current legislation does not separately regulate the issues of the return of the deposit in cases where a person recognized as an auction participant does not appear at the auction.

Based on the general norms of civil law, taking into account the prevention of unjust enrichment at the expense of another person, the court of appeal considers it reasonable to refer the court of first instance to Article 448 of the Civil Code of the Russian Federation as a basis for returning the deposit.

The applicant's arguments that the current legislation contains an exhaustive list of grounds for the return of the deposit by the court of appeal are not accepted as unfounded.

The Court of Appeal rejects the applicant's arguments about the lack of proof of the fact that he used other people's money and the illegality of collecting interest in accordance with Article 395 of the Civil Code of the Russian Federation.

By virtue of paragraph 1 of Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another person, interest on the amount of these funds is payable.

Considering that the Administration of Vladivostok, in violation of the current legislation, did not return the amount paid as security for the auction bid within the established time limits, the court rightfully collected interest under Art. 395 of the Civil Code of the Russian Federation.

Under such circumstances, the court of first instance rightfully and reasonably satisfied the claims, correctly applied the substantive law, there are no grounds for canceling the judicial act.

Guided by articles 258, 266 - 271 of the Arbitration Procedure Code of the Russian Federation, the Fifth Arbitration Court of Appeal,

decided:

the decision of the Arbitration Court of Primorsky Krai dated November 20, 2008 in case N A51-9714 / 2008-36-273 is left unchanged, the appeal is not satisfied.

The ruling can be appealed to the Federal Arbitration Court of the Far East District through the Primorsky Territory Arbitration Court within two months.