Grounds for canceling electronic trading. One application for an electronic auction has been submitted, does the customer have the right to cancel

In accordance with 44-FZ, the customer has the right to refuse to conduct the announced procurement, observing deadlines. Article 36 of Federal Law 44 regulates general order rejection of all methods of selecting counterparties, except for the request for proposals. According to the legislation, the customer has the right to cancel the determination of the supplier of goods or services for the performance of the contract no later than 5 days before the deadline for submitting bids.

If the auctions are held in the form of a request for quotations, then the terms are set no later than 2 days.

After the expiration given period, cancel electronic auction according to 44 FZ is possible only due to the occurrence of force majeure circumstances, i.e. in case of force majeure. Circumstances that fit this definition are regulated by civil law, namely in paragraph 3 of Art. 401 of the Civil Code of the Russian Federation.

After the conclusion on the cancellation of the auction under 44-FZ, the organizer of the auction must issue:

cancellation decision;

cancellation order.

Consider what a Decision is - it reflects the very fact of making this action and the reasons why it was adopted.

The second document is the Order. It reflects that the decision was made reasonably, and also indicates further actions following from this circumstance.

Cancellation of the auction under 44-FZ - reasons

Causes this decision different factors can come into play:

• the customer may decide that choosing a supplier in this way is inappropriate
• or it may turn out that there is not enough funding to conclude the contract.

In such cases, the customer can cancel purchases no later than 5 days before the deadline for accepting applications.

But there are also force majeure circumstances. Let us consider in more detail what exactly can be attributed to such cases.

In the Civil Code of Russia there is an article that defines force majeure, namely Art. 401 of the Civil Code of the Russian Federation.

It says that to this concept include irreversible emergency circumstances that cannot be avoided or prevented under given conditions. The code does not provide for a specifically formulated list of cases that fall under the concept of force majeure, it is limited only by a general definition.

Cancellation of electronic auctions - actions and consequences

According to Part 3 of Art. 36 FZ-44, a notice of cancellation of the auction by the customer must be posted in the EIS on the Internet, and he is also obliged to notify all bidders who have submitted applications of this decision, if he has contacts of these performers.

It should be noted that the customer is not entitled to give access to documents submitted to electronic application, participants. It is necessary, within a period not later than one working day after the decision is made, to make changes to the schedule.

After posting a notice of the cancellation of the auction under 44-FZ in the EIS, the electronic trading floor, which hosted the auction, must notify all participants who have expressed a desire to take part in the procurement within one hour. On the email, which was indicated during accreditation at this ETP, a letter is sent containing a notice of cancellation, as well as the reasons for making this decision.

In conclusion, we can say that the customer can cancel the procurement, the main thing is that this should comply with the rules and regulations established by law.

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The term for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the date of the deadline for filing these applications. 3. Based on the results of consideration of the first parts of applications for participation in an electronic auction containing the information provided for by Part 3 of Article 66 of this Federal Law, the auction commission shall decide on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and recognize this of a procurement participant by a participant in such an auction or on refusal of admission to participation in such an auction in the manner and on the grounds provided for by Part 4 of this Article. four.

Forum of the Public Procurement Institute (Moscow)

Attention

The document directly states the fact of the decision, as well as the reasons that formed the basis of this action.

• The customer issues an order to cancel the electronic auction. It should contain the details of the decision made, further measures that follow from this action are prescribed.
• The organizer of the purchase places information about the refusal to conduct the purchase in the EIS.

From that moment on, the auction will be considered cancelled. The customer is also obliged to notify all participants who submitted their proposals about their actions.

The customer is obliged to make adjustments to his schedule. At the same time, information about the reason for making changes is recorded in column 14 of the document drawn up in accordance with the requirements of the order of the Government of the Russian Federation No. 761/20n dated 10.06.2013.

Cancellation of a purchase under consideration

Info

After the conclusion on the cancellation of the auction under 44-FZ, the organizer of the auction must issue:

1. cancellation decision;
2. cancellation order.

Consider what a Decision is - it reflects the very fact of taking this action and indicates the reasons for which it was taken. The second document is the Order. It reflects that the decision was made reasonably, and also indicates further actions following from this circumstance.

Cancellation of the auction under 44-FZ - reasons The reasons for this decision can be various factors:

• the customer may decide that choosing a supplier in this way is inappropriate
• or it may turn out that there is not enough funding to conclude the contract.

In such cases, the customer can cancel purchases no later than 5 days before the deadline for accepting applications. But there are also force majeure circumstances.

Cancellation of the electronic auction

Information on the recognition of such an auction as invalid shall be entered into the minutes specified in Part 6 of this Article. ConsultantPlus: note. From July 1, 2018 federal law dated December 31, 2017 N 504-FZ, part 9 of article 67 is amended.
See text in a future edition. 9. Within one hour of receipt by the operator electronic platform of the protocol specified in part 6 of this article, the operator of an electronic site is obliged to send to each participant in an electronic auction who has submitted an application for participation in it, or to a participant in such an auction who has submitted the only application to participate in it, notification of the decision taken in relation to the applications submitted by them.

How to cancel an e-auction

There was no need for delivery, for the provision of services.

• Order of the antimonopoly authority.
• Decision based on the results of public discussions.
• Force majeure circumstances.
We add that 44-FZ does not regulate cases due to which cancellation of a notice of an electronic auction is possible, i.e. The law does not provide for a closed list of reasons. The customer does not have to adhere to the listed grounds, he has the right to determine the reasonableness of further carrying out the procedure and decide to refuse it.

Procedure and terms Art. 36 44-FZ establishes General requirements to the procedure and deadlines for cancellation: it is possible to cancel the determination of the supplier of the electronic auction at least five days before the deadline for filing applications.

Cancellation of the auction

The customer has the right to cancel the electronic auction later than the specified date and before the conclusion of the contract, only if force majeure circumstances have arisen, that is, in emergency and unavoidable situations (clause 3 of article 401 of the Civil Code of the Russian Federation). But what should the customer do if the term for canceling the electronic auction under 44-FZ has expired, and the reason does not fall under the emergency conditions? In this case, you can first make changes to the purchase, indicating a reasonable reason for this.
The decision to make changes is made no later than two days before the deadline for filing applications (part 6 of article 63). At the same time, the deadline for submitting applications will be extended by at least seven days - this time is enough to cancel the purchase.
Algorithm of the procedure Step 1. Determine the need to refuse to hold an auction and fix the reason why the purchase is inappropriate. Step 2

Electronic Auction: Issues of Drafting Protocols

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1. Categories
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Is it possible to cancel the electronic auction after the receipt of applications of the first part if the customer made a mistake in terms of reference by unit of measure? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions already covered, try looking here:

• Incorrectly specified GOST in the characteristics of the goods, is this the basis for canceling the electronic auction?
• Is it possible to refuse to conclude a state contract based on the results of an electronic auction?

Lawyers Answers (1)

• All legal services in Moscow Support of real estate transactions Moscow from 40,000 rubles. Return of defective goods Moscow from 5000 rubles.

Important

ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 2 of part 6 of article 67. See text in a future edition. 2) on the admission of a procurement participant who has submitted an application for participation in such an auction, which has been assigned the appropriate serial number, to participate in such an auction and recognize this procurement participant as a participant in such an auction or to refuse admission to participate in such an auction with the rationale for this decision, including indicating the provisions of the documentation for such an auction that the application for participation in it does not comply with, the provisions applications for participation in such an auction that do not meet the requirements established by the documentation about it; 3) on the decision of each member of the auction commission in relation to each participant in such an auction on admission to participation in it and on its recognition as a participant or on refusal to admit to participation in such an auction.

How to cancel the auction during the stage of consideration of 1 x parts of applications

Purchasing guides. Issues of application of Art. 67 Guide to contract system: - Identification of participants in an electronic auction - Consideration of the first parts of applications for participation in an electronic auction - Applications of participants that do not meet the conditions for admission to participate in an auction - Protocol for consideration of applications for participation in an electronic auction no bids submitted (all bids rejected) — Recognition of the electronic auction as invalid if only one bid is submitted at the end of the bid submission period (one procurement participant is admitted to the auction) — Only one participant is allowed to participate in the auction (no participant is admitted).
After the notice of the cancellation of the auction under 44-FZ in the EIS is posted, the electronic trading platform where the auction was located must notify all participants who have expressed a desire to take part in the procurement within one hour. A letter containing a notice of cancellation, as well as the reasons for making this decision, is sent to the e-mail that was indicated during accreditation at this ETP. In conclusion, we can say that the customer can cancel the procurement, the main thing is that this should comply with the rules and regulations established by law. Articles

Russian Federation on the contract system in the field of procurement, or violation by the said persons of the procedure for providing tender documentation or auction documentation, the procedure for explaining the provisions of such documentation, the procedure for accepting applications for participation in determining the supplier (contractor, performer), final proposals, except for the cases provided for in parts 1 - 1.3 of this article, - entails the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; on the legal entities- fifty thousand rubles. For example, you can also do this (if the decision to cancel was posted with violations of the deadlines): h. 1 st.

How to cancel an e-auction

Pravoved.RU 392 lawyers online now

1. Categories
2. General issues

Is it possible to cancel the electronic auction after the receipt of applications of the first part if the customer made a mistake in the terms of reference for the unit of measurement? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

• Incorrectly specified GOST in the characteristics of the goods, is this the basis for canceling the electronic auction?
• Is it possible to refuse to conclude a state contract based on the results of an electronic auction?

Lawyers Answers (1)

• All services of lawyers in Moscow Return of defective goods Moscow from 5000 rubles.

  Division of jointly acquired property Moscow from 15,000 rubles.

Cancellation of the auction

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on an electronic site; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send 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.

Article 71. Consequences of declaring an electronic auction invalid

Therefore, it would be advisable to prescribe the following circumstances in the contract: floods, earthquakes, fires, transport accidents, publication of regulatory acts of a prohibitive nature, civil unrest, riots, war and hostilities, personnel strikes.

Force majeure has common features emergency, inevitability, unpredictability.
Such circumstances must be of an external nature and appear after the conclusion of the contract.

Force majeure circumstances: contentious issues Attribution to circumstances of force majeure phenomena public life(civil unrest, hostilities, blockades and strikes) is a contentious issue.

In the Soviet civil law For a long time there was an opinion that such a reference to social phenomena as force majeure is unacceptable.

Attention

Currently, not any of these circumstances can be recognized as force majeure.

Cancellation of the electronic auction

of the Federal Law and documentation on such an auction, 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.
2.

Important

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: ConsultantPlus: note.

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 1 of part 2 of Article 71.

See text in a future edition.

What to do if there is only one application for an electronic auction

Art. 36.1. of the Law on the contract system: » The customer has the right to cancel the determination of the supplier (contractor, performer) for one or more lots, with the exception of the request for proposals, no later than five days before the deadline for filing applications for participation in the tender or auction, or no later than two days before the deadline for submitting applications for participation in the request for quotations.

After being placed in a single information system notification of the cancellation of the definition of the supplier (contractor, performer), the customer is not entitled to open envelopes with bids of procurement participants or open access to those submitted in the form electronic documents applications.

After the notice of the cancellation of the auction under 44-FZ in the EIS is posted, the electronic trading platform where the auction was located must notify all participants who have expressed a desire to take part in the procurement within one hour. A letter containing a notice of cancellation, as well as the reasons for making this decision, is sent to the e-mail that was indicated during accreditation at this ETP.
In conclusion, we can say that the customer can cancel the procurement, the main thing is that this should comply with the rules and regulations established by law.

Articles on the topic: Rejection of an application for participation in an auction under 44-FZ Security for an application under 44-FZ Deadlines for holding an electronic auction under 44-FZ © LLC MCC "RusTender" The material is the property of tender-rus.ru.

Artend wrote: You can cancel the auction on: st.362. After the expiration of the term for canceling the determination of the supplier (contractor, performer) in accordance with part 1 of this article and before the conclusion of the contract, the customer has the right to cancel the determination of the supplier (contractor, performer) only in the event of force majeure circumstances in accordance with civil law Definition and signs of force majeure circumstances Force majeure circumstances are mentioned in the third paragraph of Article 401 of the Civil Code of the Russian Federation.

They are defined as "extraordinary and unavoidable under the given conditions".

However, neither international nor domestic legislative bases contain a complete and mandatory list of them, therefore, in the absence of a specific list of such circumstances that the parties will consider insurmountable in the contract, disagreements will inevitably arise subsequently.

One application for an electronic auction has been submitted, does the customer have the right to cancel

From the foregoing, we can conclude that the placement by the customer on the official website of the notice of the purchase earlier than 10 calendar days from the date of making changes to the schedule posted on the official website, will violate the provisions of the legislation of the Russian Federation on the contract system.

This applies only to those purchases that have been amended in the schedule posted on the official website. Consider the joint Order of the Ministry economic development of the Russian Federation and the Federal Treasury dated December 27, 2011
No. 761/20n "On approval of the procedure for placing on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and the form of schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers" ( hereinafter - Order No. 761/20n).

If only one application is submitted for participation in the auction, then the auction, in accordance with part 16 of article 66 44-FZ, is recognized as failed. The notification that the application is the only one, the operator of the electronic site sends to the participant on the day of the end of submission or on the next business day.

Such a period is determined by paragraphs 1, 2 of part 1 of Article 71.

Deadline for consideration of applications and publication of protocols At the same time, both parts of the application are sent to the customer at once.

He is obliged to consider them within three working days from the date of receipt, regardless of the deadlines established by the notice.

The customer can do it faster, but he has no right to delay the process.

If this happened for any reason, the participant has the right to file a complaint with the Federal Antimonopoly Service.
After the conclusion on the cancellation of the auction under 44-FZ, the organizer of the auction must issue:

1. cancellation decision;
2. cancellation order.

Consider what a Decision is - it reflects the very fact of taking this action and indicates the reasons for which it was taken. The second document is the Order. It reflects that the decision was made reasonably, and also indicates further actions following from this circumstance. Cancellation of the auction under 44-FZ - reasons The reasons for this decision can be various factors:

• the customer may decide that choosing a supplier in this way is inappropriate
• or it may turn out that there is not enough funding to conclude the contract.

In such cases, the customer can cancel purchases no later than 5 days before the deadline for accepting applications. But there are also force majeure circumstances.

In the schedule, the end of the contract is 06/30/2018, and in the documentation, 05/31/2018. Should the customer make changes first to the schedule, as well as cancel the purchase, and 10 days after placement new version schedule to place a new notice?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

According to part 1 of article 36 of Law No. 44-FZ, the customer has the right to cancel the purchase no later than five days before the deadline for submitting applications for participation in the tender or auction or no later than two days before the deadline for submitting applications for participation in the request for quotations . In this case, the customer, no later than the next business day after the date of the decision to cancel the definition of the supplier (contractor, performer), is obliged to make appropriate changes to the schedule.

That is, the customer first needs to cancel the purchase, then make changes to the schedule. Further, 10 days after making changes to the schedule, announce the purchase.

How to cancel an e-auction

If you violate the procedure for canceling the auction, the Federal Antimonopoly Service will oblige the customer to purchase, and the contract manager will pay a fine of 30,000 rubles. I tell you how to cancel the auction correctly, taking into account the practice of the Federal Antimonopoly Service and litigation.

In what cases the customer has the right to cancel the electronic auction

The customer has the right to cancel the electronic auction. The customer is not obliged to explain the reason to the control bodies or participants. The main thing is to place the decision on cancellation in the UIS in time (Article 36 of Law No. 44-FZ).

Auction canceled:

• when there is a shortage of funds;
• due to errors in the documentation;
• based on the results of public discussion of the procurement;
• by order of the supervisory authority;
• By the tribunal's decision.

How long does it take for a customer to cancel an electronic auction

The customer can cancel the auction up to five days before the deadline for submitting applications. For example, if you finish accepting applications on May 22, 2017, then you can cancel the purchase until May 16. You can cancel a purchase later than the deadline which are specified in the law, if there are insurmountable circumstances - natural disasters, fires, epidemics, strikes, hostilities, terrorist attacks, sabotage, traffic restrictions, sanctions and other circumstances that do not depend on the customer (Resolution of the Board of the Chamber of Commerce and Industry of Russia dated December 23, 2015 No. 173-14).

How to cancel an auction if the deadline has expired

If you missed the deadline for canceling the auction, change the notice. However, you must extend the deadline for applications, and you will receive the required five days to cancel purchases. You can change the notice two days before you finish accepting applications. Read more about this in the recommendation.

The terms in which the customer has the right to cancel the purchase are specified in parts 1 and 2 of Article 36 of Law No. 44-FZ.

How can a customer cancel an electronic auction

Cancel the auction according to the rules of Article 36 of Law No. 44-FZ, make changes to the schedule. Follow three steps.

Step 1. Make a decision to cancel the e-auction.

To cancel the purchase, draw up an order, decision or other regulatory act. Indicate in the document the number of the notice of purchase and the reason why the auction was canceled: for example, the decision of the Federal Antimonopoly Service of Russia. Compose the document in any form.

Step 2. Publish a supplier cancellation notice in the EIS.

Place a notice in the EIS on the day you decide not to hold the auction. Enter the procurement register in the EIS, open the "Bidding" tab and select the item context menu"Purchase Documents". Choose on whose initiative you are canceling the purchase: the customer, the regulatory body, the court. Cancel the entire purchase or a single lot. For more information on how to cancel a purchase in the EIS, see the recommendation. At the moment when you publish the notice, the purchase is canceled.

The customer is obliged to notify the participants of the cancellation of the purchase. During an auction, the notification is sent by the operator of the electronic platform where the purchase was made.

Step 3. Make changes to the schedule.

After canceling a purchase, you need to change the schedule. Make changes on the day you decide to cancel the auction, or the next business day. A recommendation will help to make changes to the schedule.

Journal "Goszakupki.ru" is a magazine, on the pages of which leading industry experts give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All journal articles are the highest degree of reliability.