One application for an electronic auction has been submitted, whether the customer has the right to cancel. Cancellation of purchases through an electronic auction Cancel an electronic auction for 44 fz

of the Russian Federation on the contract system in the field of procurement, or violation by the said persons of the procedure for submitting 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 parts 1 - 1.3 of this article - entails the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; for 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

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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 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:

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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 general signs of emergency, inevitability, unforeseen.
Such circumstances must be of an external nature and appear after the conclusion of the contract.

Force majeure circumstances: controversial issues Attributing to force majeure events of public life (civil unrest, hostilities, blockades and strikes) is a controversial issue.

In Soviet civil law, for a long time there was an opinion that such a reference to social phenomena as an irresistible force was 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 posting in the unified information system a notice of cancellation of the definition of a supplier (contractor, performer), the customer is not entitled to open envelopes with bids of procurement participants or open access to bids submitted in the form of electronic documents.

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 a notice of procurement earlier than 10 calendar days from the date of 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 of Economic Development of the Russian Federation and the Federal Treasury dated December 27, 2011 No.
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 accordance with 44-FZ, the customer has the right to refuse to carry out the announced purchase, observing the deadlines. Article 36 of Federal Law 44 regulates the general procedure for refusing all methods of selecting counterparties, except for a 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 of this period, the cancellation of an electronic auction under 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 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. 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 this concept can include irreversible emergency circumstances that cannot be avoided or prevented under these 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 the documents submitted in the electronic application, the 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 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.

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1. The reason for the decision to cancel the auction by the Customer. The customer has the right to cancel electronic bidding in a number of cases, for example:

1. Lack of funds to pay for goods or services.
2. The conclusion is that this type of purchase is inappropriate.
3. Changing the program under which the purchase was made.
4. A change in the product market, which provoked a very low quality product at a fairly high price.
5. Force majeure - which is regulated in Article 401 of the Civil Code of the Russian Federation, that is, unplanned and inevitable situations.

It is in all those cases listed above that the Customer has the right to cancel the electronic auction. If such a decision was made by the Customer, then all previously submitted applications must be canceled, and the funds that were reserved on the accounts of the contestants in the form of security must be returned to them.

2. Regulated deadlines for the cancellation of the auction.

The cancellation of the purchase was established in Article 36 of Article 44 of the Federal Law. This decision can be made by the Customer no later than 5 days before the deadline for submission of applications by applicants. At the same time, it is also worth noting that an official appeal should be published in which the cancellation of the auction in electronic format should be indicated. This action must be taken on the same day on which the decision to cancel is made. After this action has been done, the Customer cannot view the applications sent by applicants.

If the Customer fails to meet the deadlines established by the Law, he will be able to cancel the purchase only in emergency circumstances. This requirement is established in part 2 in Article 36 of Article 44 of the Federal Law. An auction in electronic format is considered closed (cancelled) at the moment when the documentation about its cancellation was posted on the EIS website.

Subscribe and work with an advance payment from the customer, do not freeze your funds!

3. Cancellation of the definition of the supplier and the formation of the protocol for the cancellation of the electronic auction.

In order to cancel the auction in electronic format, the Customer undertakes to comply with certain requirements of the procedure, which consists of these steps:

1. The first thing that is required from the Customer is to register his decision by hand. On paper, they describe the fact of making such a decision, and besides this, the reason that was the basis for making such a decision.
2. Next, the Customer must issue an order to cancel the auction in electronic format. This document prescribes the details of the decision made, as well as further activities that follow this action.
3. After that, the Customer places information about the refusal to carry out this procedure on the site. After that, the auction is considered cancelled.
4. But after registering the notification, the Customer undertakes to also notify all applicants who have already submitted applications.
5. After that, the Customer must amend the . At the same time, it should be borne in mind that information about the reason for making such changes should be recorded in the 14th column of documents, based on the rules recognized by the Government of Russia under No. 762/20 dated 10.6.13. This change in the schedule is carried out in the next 1 calendar day after the decision to cancel the purchase.

If the Customer violates these rules, he will face a fine in the amount that was established by the Government of the Russian Federation.

4. Consequences of auction cancellation.

After the decision to cancel the purchase was issued on the ETP where it was supposed to take place, the Customer sends a corresponding notice to all applicants. These messages must be sent to the personal account on the ETP, and in addition, also to the E-mail of each contestant. Without fail, this notice must indicate the reason, after all the actions have been completed, the contestants can again dispose of the funds that were previously blocked.

The Customer bears absolutely no responsibility to the Contractors if he decides to cancel the auction in electronic format, this rule was enshrined in Part 4 of Article 36 of Article 44 of the Federal Law. An exceptional moment is only such cases when the contestant has suffered a significant loss after the Customer made an unfair purchase. In this case, the Contractor has the right to apply to the court with a claim and a request for damages.

The organizer of this type of purchase has the right to freely cancel the purchase only in cases where all the deadlines have been met. Otherwise, to make such a decision, you need to have very weighty arguments. The procurement participant cannot interfere with the actions of the customer in such a situation.

5. Video instruction to cancel purchases

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small businesses, you can get a number of advantages: advance payments under government contracts, short settlement periods, conclusion of direct contracts and subcontracts without a tender. and work only on profitable contracts with minimal competition!

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The customer does not bear any responsibility to potential suppliers in case of cancellation of the electronic auction. This is legally enshrined in part 4 of article 36 of 44-FZ. The only exceptions to this rule are cases where the participant has suffered losses as a result of the unfair behavior of the customer. In such a situation, the supplier may apply to the court for damages. The organizer of the electronic auction can freely cancel the purchase only if all the regulated deadlines are met. Otherwise, very good reasons will be required to make such a decision. The procurement participant cannot interfere with the actions of the customer in such a situation.

Cancellation of the auction

Procedure and terms

• Procedure algorithm
• Guide to - participation in - procurement

Cancellation of the auction Preparation of an application for any type of purchase Within 1 business day, in accordance with all the requirements of the customer's tender documentation that there is not enough funding to conclude a contract. Creation in the UIS of a notice of an electronic auction under 44 Federal Laws others Selecting the position of the schedule Jointly, the Federal Antimonopoly Service and the Ministry of Economic Development selected six sites, which later became the main federal ones.

How to cancel an e-auction

Let us consider in more detail what exactly can be attributed to such cases. It says that this concept can include irreversible emergency circumstances that cannot be avoided or prevented under these 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 the documents submitted in the electronic application, the participants.
It is necessary, within a period not later than one working day after the decision is made, to make changes to the schedule.

How to cancel an electronic auction for 44 fz step by step instructions

Info

At the same time, arbitration practice in this respect diverges. For example, the Federal Arbitration Court of the Urals District sided with the customer (decree No. Ф09-9946/10-С1 dated 07.12.2010).

The court recognized that the customer had rightly decided to refuse to conduct a request for quotations before the deadline for submitting quotation bids, since the refusal to conduct the procedure was caused by errors in the notification. At the same time, the decision of the Federal Antimonopoly Service for the Novosibirsk Region canceled the customer's decision to refuse to carry out the procedure, since the customer does not have the right to cancel the request for quotations in accordance with the legislation on placing orders.
44-FZ: 2-5 days in advance or at any time in the event of force majeure The new law has a single article regulating the rules for canceling the definition of a supplier for all selection methods, with the exception of the request for proposals (Article 36 44-FZ).

Article 36. Cancellation of the supplier (contractor, performer)

Attention

Cancellation of the electronic auction under the Law N 44-FZ According to Part 1 of Art. 36 of Law N 44-FZ, an electronic auction can be canceled for one or more lots no later than 5 days before the deadline for submitting applications for participation in it. After the expiration of the said period and before the conclusion of the contract, the customer has the right to cancel the auction only in the event of force majeure circumstances in accordance with civil law.

2 tbsp. 36

Law N 44-FZ). As follows from Part 1, 3 Art. 36, part 7 of Art. 60 of Law N 44-FZ, in order to cancel the auction, the customer must place in the unified information system (hereinafter referred to as the UIS) a notice of refusal to hold an auction on the day the decision to cancel the auction is made. From the moment of placing the said notice in the EIS, the auction is considered cancelled.

Cancellation of the auction under 44-FZ by decision of the customer

Let's consider in what cases and in what terms an electronic auction and a request for quotations can be canceled - the two most popular and interesting methods for selecting suppliers for small and medium-sized businesses. Old norm: 5-10 days in advance, cancellation of the request for quotations is not regulated In accordance with 94-FZ, the customer had the right to refuse to conduct an electronic auction no later than 10 days before the deadline for submitting applications for participation.

If the initial maximum price of the contract does not exceed 3 million rubles, then the auction could be canceled no later than 5 days before the deadline for submitting bids (part 6 of article 41.5 of 94-FZ). But the rules that allow the customer to refuse to place an order by requesting quotations, 94-FZ did not provide. This caused litigation in cases where the customer, for some reason, was nevertheless forced to refuse to conduct a request for quotations.

In case of force majeure, the customer can cancel the auction on the day of the auction

Changes to the schedule must be made within the next working day from the date of the decision to cancel the auction. If the procedure for canceling the procurement procedure is violated, the customer is fined in the prescribed amount. Consequences of canceling the auction After the decision to cancel the auction is made, the electronic trading platform where the auction was planned to be held sends appropriate notifications to all participants.
Such messages are sent to the personal account on the ETP, as well as to the e-mail address registered in the system. The reasons for the decision must be stated. The money blocked by the site as security for the execution of the order is unfrozen and becomes available for further use by the participants.

Cancellation of the electronic auction at 44 fz

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.

How to cancel an electronic auction for 44 fz

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.
• 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.

The procedure for canceling an electronic auction under 44 fz

At the same time, an official decision to cancel the implementation of the electronic auction should be posted in the EIS. This must be done on the same day that the decision is made.

After that, the customer is not entitled to view the contents of the applications already submitted by the participants. If the customer did not meet the deadlines, then the cancellation of the purchase is possible only under emergency circumstances.

Such a rule is established by part 2 36 of Article 44-FZ. The auction is considered canceled from the moment the document on its cancellation is posted in the EIS. Registration of refusal to conduct an electronic auction In order to cancel an electronic auction, the customer must follow a certain procedure.

It will consist of the following steps:

1. First of all, the customer must make his decision in writing.

Cancellation of the electronic auction by 44 ap

• Rustender
• Question answer
• 44-FZ
• Cancellation of the auction

Cancellation of the auction by the customer In accordance with 44-FZ, the customer has the right to refuse to conduct the announced purchase, observing the established deadlines. Article 36 of Federal Law 44 regulates the general procedure for refusing all methods of selecting counterparties, except for a 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 of this period, the cancellation of an electronic auction under 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.

Cancellation of the electronic auction at 44 fz

• Tender

Concept Cancellation means termination of the procurement procedure and informing of this decision of all participants who managed to submit applications. If the procedure is open, it is also necessary to place in the Unified Information System a notice of refusal to carry out the purchase. Cancellation of an electronic auction is possible in the following cases:

1. Changing the essential terms of the contract, when it takes more time to adjust them than the bid period allows.
2. Reducing the limits of budget commitments, i.e.