Recognition of the auction as invalid grounds. The auction was declared invalid

From July 1, 2018, Federal Law dated December 31, 2017 N 504-FZ amends paragraph 4 of part 3 of Article 71. See the text in a future edition. 4) the contract is concluded in accordance with paragraph 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, the application for participation in which was submitted: a) earlier than other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of this Federal Law and documentation about such an auction; b) the only participant such an auction, if only one participant in such an auction and the application submitted by him are found to comply with the requirements of this Federal Law and the documentation about such an auction. ConsultantPlus: note.

Article 71. Consequences of declaring an electronic auction invalid

So, the tender is declared invalid if:

1. one application submitted;
2. lack of applications;
3. registered applications were submitted with violations and cannot be accepted by the commission;
4. in cases where there was no price offer at the specified time.

Failed auction - consequences As we wrote above, depending on the reasons for recognition failed auction the customer can enter into a contract with sole supplier or conduct a new tender in the form of a request for proposals or otherwise established by law. Repeated auctions re-trading is also carried out on the basis of Federal Law-44. IN currently 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.

Article 71 44-FZ - consequences of declaring an electronic auction invalid

Attention

Re: EA did not take place, what next In accordance with paragraph 25 of part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as the Law on the Contract System) as amended by Federal Law No. 498-FZ of December 31, 2014, procurement from a single supplier (contractor, performer) can be carried out by the customer, including in the event that an electronic auction is declared invalid in accordance with parts 1 - 3.1 of Article 71 of the Law on the Contract System.

In this case, 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.

What to do if the auction did not take place

Important

The only application is the procedure for action. The laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were adopted to No. 498-FZ and Art. 25 No. 44-FZ, within the framework of which the issue of the terms of the failed auction was considered in more detail. 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 at the site, it is considered to be the winning one. The key feature of declaring an auction invalid for this reason is the admission of only one participant to participate in it. The customer may enter into a contract agreement with a single participant.

The conditions under which a contract can be signed should be taken into account. This is possible only with that participant (Article 70 of Federal Law-44) whose application fully meets the requirements.

What to do if the purchase did not take place

If in the future a repeat competition does not take place for the same reasons (Part 2 of Article 55), then the customer has the right to carry out the procedure by requesting proposals 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 procurement does not take place, the sole supplier enters into a contract if its application meets the requirements of the law and documentation. In this case, the customer must obtain approval from the FAS (clause 25, part 1, article 93). This group will not include the case when, based on the results of the prequalification selection of a two-stage competition, only one participant is recognized as meeting the requirements (Part 10, Article 57). The customer makes the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

The auction did not take place, applications were submitted, what to do under Federal Law 44

Documents Legislation Comments Arbitrage practice Articles Purchases Competitions Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal authorities FAS Russia Rosoboronzakaz From 01/01/2015, if an electronic auction is declared invalid, approval of a contract with a single supplier from the control body is not required. Federal Law No. 498-FZ dated December 31, 2014 amended clause 25, part 1, art. 93 44-FZ in accordance with which, if electronic auction was declared invalid on the grounds provided for. 1 - 3.1 tbsp.

Failed auction

General grounds For competitive procedures For electronic auctions The winner’s evasion from concluding a contract and the subsequent evasion of the second participant from signing the contract. 1. All proposals were rejected. 2.Only one was found to meet the requirements. When conducting prequalification in a competition with limited participation: 1.

No participant is called upon to meet additional requirements.2. Only one participant was admitted based on the results of prequalification. When conducting an electronic auction, if there are no price offers at the auction within 10 minutes after the start of the auction.
When conducting the second stage of a two-stage competition: 1. There are no offers.2. Only 1 proposal submitted or all bidders rejected.3. Only one application was found eligible.

Info

Approval in accordance with clause 25 of part 1 of Article 93 of the Law on the Contract System arises only if an open tender, a tender with limited participation, a two-stage tender, a repeated tender, or a request for proposals are declared invalid. Explanations on this issue are given in Letter of the Ministry of Economic Development of Russia No. 658-EE/D28i, FAS Russia No. AC/1587/15 dated January 20, 2015. The data in the table does not take into account changes from 01/01/2015 (no approval is required now) No. Grounds for recognition of the electronic auction failed Actions Customer Approval Conclusion of the contract 1 Not a single application has been submitted (Part.

16th century 66 44-FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with clause 8, part 2, art. 83 44-FZ or in another way in accordance with 44-FZ (part 4 of Art.

The auction did not take place, one application was submitted, what to do 44 ap

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 for electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send a notice to the participant in such an auction who submitted a single application for participation in such an auction; 3) auction commission within three working days from the date of receipt single application for participation in such an auction and the documents specified in paragraph 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and the documentation for such an auction and sends to the operator of the electronic platform a protocol for considering the only application for participation in such an auction, signed by the members auction commission.

If the auction did not take place, not a single application was submitted under Federal Law 44, what to do?

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Author: Cherdantseva Tatyana October 20, 2017 44-FZ provides not only for competitive bidding for price reductions, but also for cases when the order is declared invalid. We will analyze the grounds for recognizing a public procurement as failed, the consequences, as well as the actions of the customer in such a situation. Grounds for recognizing a purchase as failed In most cases, when the phrase “the purchase did not take place” is announced, participants have the impression that either there are no proposals for the tender, or all applications for participation in it have been rejected.
However, there are many more cases where a purchase is declared unsuccessful. Let's look at this for different stages of the procedure. All bases are collected in the table. Submission of applications Review Conclusion of contract 1. There are no proposals.
2. Only one application has been submitted.
Federal Law) 2 Only one application was submitted - the participant does not comply (Part 16, Article 66 44-FZ) = based on the results of consideration of the first parts of the applications, the auction commission decided to refuse admission to all procurement participants (Part 8, Article 67 44 -FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with clause 8 of part 2 of art. 83 44-ФЗ or in another way in accordance with 44-ФЗ (part 4 of article 71 44-ФЗ) 3 Only one application is submitted - the participant complies (part 16 of article 66 44-ФЗ) Coordination of the Customer’s decision with the authorized body to exercise control in the field of procurement (FAS, Rosoboronzakaz) (clause 25, part 1, article 93 44-FZ) Conclusion of a contract with a single supplier (clause 4, part 1, article 71, clause 25, part 1, art.
Contact E-mail: This site was created to help Customers working in different institutions, but who are united by one thing - No. 44-FZ and No. 223-FZ... After all, since the entry into force of Federal Law No. 44-FZ of 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” has already arisen and accumulated among most people working in the field of procurement a large number of questions to which they would like to receive an answer. So the site www.help-tend.ru provides them with this opportunity. All your questions can be easily asked, or you can already find the answer on our website.

Grounds for declaring an electronic auction invalid are possible at various stages of the procedure. At the stage of identifying participants in the electronic auction, the procedure is considered failed if not a single application for participation has been submitted. In this case, the customer makes changes to the procurement schedule, if necessary, to the procurement plan, and purchases through a request for proposals or another procurement method (Part 4 of Article 71 of the Law on the Contract System).

Also, at the stage of identifying participants in the 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 includes in the protocol of the electronic auction only one proposal for the contract price;
• the operator of the electronic site, no later than the working day following the deadline for submitting applications, sends to the customer both parts of this application, as well as the documents of the auction participant who submitted it, generated during the participant accreditation process (except for 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 to the operator of the electronic platform a protocol for considering the single application;
• if this participant and the application submitted by him are found to comply with the requirements of the Law on the Contract System and Electronic Auction Documentation, a contract is concluded with this participant (subject to the customer receiving approval from the control body).

Important to remember

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

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 FAS of Russia No. ATs/1587/15 dated January 20, 2015 contains the following clarification. Federal Law No. 498-FZ dated December 31, 2014 came into force on December 31, 2014. Starting from this date, if the electronic auction is declared invalid in accordance with Part 1-3.1 of Art. 71 of the Law on the Contract System, the customer enters into 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, 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 clause 25, part 1, art. 93 of the Law on the Contract System arises only if an open competition, a competition with limited participation, a two-stage competition, a repeated competition, or a request for proposals are declared invalid.

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

• the operator of the electronic site, within one hour after posting on the electronic site a protocol on declaring the auction invalid, sends to the customer the specified protocol and the second parts of applications for participation in this auction submitted by its participants, as well as documents of participants in such an auction generated in the process of accreditation of the participant (with the exception of email addresses), and also sends notifications to participants within the same period;
• the auction commission, within three working days from the date the customer receives the second parts of applications for participation in such an auction of its participants and documents, reviews 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 a protocol to the operator of the electronic site the results of such an auction.

In this case, the customer needs to make changes to the procurement schedule, then he purchases from a single supplier (contractor, performer) in accordance with clause 25, part 1, art. 93 of the Law on the Contract System in agreement with the control body (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 considered invalid if the winner and the “second” winner evaded concluding a contract. The customer needs to make changes to the procurement schedule, then he makes the purchase through a request for proposals or another procurement method (Part 4 of Article 71 of the Law on the Contract System).

• After making a change to the procurement schedule, the customer purchases from a single supplier (contractor, performer) in accordance with clause 25, part 1, art. 93 of the Law on the contract system in agreement with the FAS of Russia (Part 1 of Article 71 of the Law on the Contract System). At the stage of consideration of the first parts of applications, two grounds may arise for declaring the electronic auction invalid. If more than one application was submitted, but not a single application was allowed to participate in the auction, the customer makes changes to the procurement schedule and purchases through a request for proposals or another 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 allowed by the customer to participate, the following procedure is established: the operator of the electronic site, within one hour after posting the protocol for consideration of applications on the electronic site, sends to the customer the second part of the application, as well as the documents of the auction participant who submitted it, generated during the accreditation process of the participant (except for the email address), and also a notification is sent to the participant within the same period; The auction commission, within three working days from the date the customer receives the second part of this application from the only participant in such an auction and documents, reviews this application and these documents for compliance with the requirements of the Law on the Contract System and Documentation
• electronic auction and sends to the operator of the electronic platform a protocol for considering a single application; 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 customer receiving approval from the FAS of Russia). It is important to remember: The Customer needs to make changes to the schedule, then he makes a purchase from a single supplier (contractor, performer) in accordance with clause 25

Bidding for each exhibited item of bidding is considered invalid if:

a) less than two participants participated in the auction;

b) none of the bidders during an auction open according to the form for submitting proposals for the price or the amount of rent, after three times announcing the starting price or the initial amount of rent, raised a ticket;

c) none of the bidders during a competition or auction closed according to the form for submitting proposals on the price or amount of rent, in accordance with the decision of the auction organizer, was recognized as the winner;

d) the winner of the auction avoided signing the protocol on the results of the auction, concluding a purchase and sale or lease agreement land plot.

The auction organizer is obliged to return the deposit made by the participants within three banking days from the date of signing the protocol on the results of the auction. failed trades deposit. The deposit made by the winning bidder will not be returned to him. If the auction is declared invalid, the auction organizer has the right to announce a re-conduction of the auction. However, their terms and conditions may be changed. The auction organizer can reduce the starting price of a land plot or the initial rental amount and reduce the “auction step” by no more than 15 percent without re-valuation. If the auction organizer is a specialized organization, the terms of the competition, the starting price or the initial amount of rent, the “auction step” may be changed in the manner established for their approval.

As for state and municipal property, the requirements of the law apply here - Part 1 of Article 23 of the Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property” (with amendments and additions) if the auction for the sale state or municipal property is declared invalid, then the said property is sold through a public offer.

If the auction does not take place, the only participant in the auction, no later than twenty days after the day of the auction, has the right to conclude a purchase and sale agreement or a lease agreement for the land plot put up for auction, and the body state power or organ local government, by whose decision the auction was held, is obliged to conclude an agreement with the only participant in the auction at the starting price of the auction.

Information about the auction results is published by the auction organizer within three days from the date of signing the protocol on the auction results in periodicals in which the auction was reported, and is posted on the official website of the Russian Federation on the Internet.

It is not allowed to conclude an agreement based on the results of the auction or in the event that the auction is declared invalid due to the participation of less than two people in the auction, earlier than ten days from the date of posting information about the results of the auction on the official website of the Russian Federation on the Internet.

Since, if the auction is declared invalid, the winner of such auction is not determined, the conclusion of an agreement with the only participant in the failed auction is contrary to the requirement of Part 1 of Art. 447 of the Civil Code of the Russian Federation, due to the fact that such a participant is not the person who won the auction, i.e. the person who received the right to conclude the contract that was the subject of these auctions.

Based on the foregoing, the conclusion of an agreement with the only participant in the failed auction does not comply with the requirements of civil law, and also contradicts the essence of the auction itself. In addition, in accordance with the current judicial practice submitting an application to participate in the auction does not mean concluding an agreement with the auction organizer by accepting a public offer.

A contract is a two- or multilateral transaction that implies the emergence of rights and obligations for all its parties.

If we assume that the notice of the auction organizer is an offer to conclude an agreement with the subject of the auction, then the application of a potential participant should indeed be considered acceptance. But the bidder does not bear any obligations to conduct the auction, since providing the required documents and making a deposit are his rights, but not his obligations. By these actions he only exercises his right to participate in the auction. The applicant who has submitted an application and paid the deposit cannot be forced to participate in the auction itself and has the right to refuse to participate in the auction at any time.

In addition, in accordance with Article 438 of the Civil Code of the Russian Federation, acceptance must be complete and unconditional. Consequently, if the response contains additional or different conditions from the offer, then it cannot be recognized as acceptance.

Thus, in order for a participant’s application to be recognized as acceptance, it must contain conditions identical to those specified in the tender notice, i.e. The contract price proposed in the participant’s application must completely coincide with the contract price (minimum or maximum) specified in the notice. Otherwise, recognition of such an application as acceptance will be contrary to civil law.

If such a contract for the sale and purchase of state or municipal property is concluded based on the results of a failed auction, the official may be brought to criminal liability on the grounds of a crime under Art. 286 “Exceeding official powers” ​​or Art. 293 “Negligence” of the Criminal Code of the Russian Federation.

Sometimes customers have to recognize the auction as invalid. What to do if the auction did not take place, because not a single application was submitted under 44-FZ, we will show in the article.

Consequences of declaring an auction invalid

Having analyzed Art. 71 of Law 44-FZ, there are two reasons why the electronic auction did not take place:

• no application has been submitted;
• one application has been submitted.

To obtain full access to the PRO-GOSZAKAZ.RU portal, please register. It won't take more than a minute. Select social network for quick authorization on the portal:

The further actions of the contract managers will depend on the reason why the competitive procedure was declared invalid:

• if there are no applications, carry out a new purchase;
• if one application is submitted, draw up a government contract with the participant who submitted it.

Conclusion of a contract with a single supplier when the auction did not take place

In cases where:

• the application of one participant has been submitted (part 16 of article 66);
• after analyzing the first parts of the submitted applications, only one of the participants who submitted their applications was allowed to participate in the procedure (Part 8 of Article 67);
• the second part of the submitted application of only one of the participants in the procedure satisfies the procurement conditions (Part 13 of Article 69); a contract is drawn up with the person who submitted it.

The only condition will be that a single application meets all stated requirements.

Another reason for such a contract is a combination of circumstances when none of the admitted participants e-procurement did not send his offer with a price within ten minutes from the moment it began (part 20 of article 68).

Imagine the situation: no applications were submitted to the competition, only one application was submitted, or only one application meets the documentation requirements. In all cases, you must declare the competition invalid. But what to do next if you are not ready to cancel the purchase depends on the number of applications.
If the competition failed due to the fact that no one submitted a single application, you need to act on one option. And if you yourself have rejected all applications, you must act completely differently. And then, when you start receiving new applications, new conditions will be included each time depending on the quantity and quality of applications. Let us explain how to different conditions choose the right procurement method.

From the article

Clause 25, Part 1, Art. 93 of the Law on the Constitutional Court establishes the rules of what to do under 44-FZ if the purchase did not take place when a contract was concluded with a single supplier:

• execute a government contract on the terms specified in the procurement documentation at a price not exceeding the starting price of the auction;
• the registration period should not exceed 20 days from the date of publication of the final protocol.

Important

In this case, signing a contract with a single supplier is not subject to approval by the FAS and other control authorities.

The electronic auction did not take place because... no applications

In accordance with part 4 of Art. 71 procedures did not take place if:

• not a single application has been submitted under 44-FZ (Part 16, Article 66);
• there is no admission of any of the participants who submitted such an application (Part 8 of Article 67);
• all second parts of applications were compiled incorrectly (part 13 of article 69);
• participant who proposed Better conditions after the winner, avoided signing a government contract and refused to formalize such a contract (Part 15, Article 70).

If not a single application has been submitted for the auction under 44-FZ, what to do next? A repeat purchase should be announced.

An electronic auction was held for the supply of wooden coffins. No one submitted a bid, so the auction was declared invalid. Now we want to try a request for proposals, but Law No. 44-FZ does not directly indicate whether we have the right to change the terms of the purchase. Can we reduce the NMCC, add an advance payment condition, change the delivery time?

If no bids are submitted for the auction

44-FZ in part 4 art. 71 contains the answer to the question of what to do next in this case:

• carry out repeated procurement, the method of which from July 1, 2018 can only be an electronic request for proposals. Until this time, the Law on the Contract System allows for another procedure to be carried out (for example, repeat auctions are often held);
• the item of re-purchase cannot be changed from the original;
• reintroduce a new competitive procedure into the schedule.

If re-auction did not take place - not a single application was submitted - what to do under 44-FZ? Until July 1, 2018, you can hold the 3rd auction or request for proposals or apply another competitive procedure within the framework of the Law on the Contract System.

If the auction did not take place 2 times, what should I do in this case? From July 1, 2018, this issue will no longer exist, because... new edition of Part 4 of Art. 71 The law obliges re-purchase in the form electronic request proposals. If the request for proposals does not take place, the government customer makes changes to the schedule and conducts another purchase.

Thus, the answer to the question: not a single application has been submitted for the auction; what next will be: to carry out a repeat purchase, and from July 1, 2018 only in the form of an electronic request for proposals.

You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”

Sometimes customers have to recognize the auction as invalid. What to do if the auction did not take place, because not a single application was submitted under 44-FZ, we will show in the article.

Consequences of declaring an auction invalid

Having analyzed Art. 71 of Law 44-FZ, there are two reasons why the electronic auction did not take place:

• no application has been submitted;
• one application has been submitted.

To obtain full access to the PRO-GOSZAKAZ.RU portal, please register. It won't take more than a minute. Select a social network for quick authorization on the portal:

The further actions of the contract managers will depend on the reason why the competitive procedure was declared invalid:

• if there are no applications, carry out a new purchase;
• if one application is submitted, draw up a government contract with the participant who submitted it.

Conclusion of a contract with a single supplier when the auction did not take place

In cases where:

• the application of one participant has been submitted (part 16 of article 66);
• after analyzing the first parts of the submitted applications, only one of the participants who submitted their applications was allowed to participate in the procedure (Part 8 of Article 67);
• the second part of the submitted application of only one of the participants in the procedure satisfies the procurement conditions (Part 13 of Article 69); a contract is drawn up with the person who submitted it.

The only condition will be that a single application meets all stated requirements.

Another basis for such execution of the contract is a combination of circumstances when none of the admitted participants in the electronic procurement sent their proposal with a price within ten minutes from the moment it began (part 20 of Article 68).

Imagine the situation: no applications were submitted to the competition, only one application was submitted, or only one application meets the documentation requirements. In all cases, you must declare the competition invalid. But what to do next if you are not ready to cancel the purchase depends on the number of applications.
If the competition failed due to the fact that no one submitted a single application, you need to act on one option. And if you yourself have rejected all applications, you must act completely differently. And then, when you start receiving new applications, new conditions will be included each time depending on the quantity and quality of applications. Let us explain how to choose the right procurement method under different conditions.

From the article

Clause 25, Part 1, Art. 93 of the Law on the Constitutional Court establishes the rules of what to do under 44-FZ if the purchase did not take place when a contract was concluded with a single supplier:

• execute a government contract on the terms specified in the procurement documentation at a price not exceeding the starting price of the auction;
• the registration period should not exceed 20 days from the date of publication of the final protocol.

Important

In this case, signing a contract with a single supplier is not subject to approval by the FAS and other control authorities.

The electronic auction did not take place because... no applications

In accordance with part 4 of Art. 71 procedures did not take place if:

• not a single application has been submitted under 44-FZ (Part 16, Article 66);
• there is no admission of any of the participants who submitted such an application (Part 8 of Article 67);
• all second parts of applications were compiled incorrectly (part 13 of article 69);
• the participant who offered better conditions after the winner avoided signing a government contract and refused to formalize such a contract (Part 15 of Article 70).

If not a single application has been submitted for the auction under 44-FZ, what to do next? A repeat purchase should be announced.

An electronic auction was held for the supply of wooden coffins. No one submitted a bid, so the auction was declared invalid. Now we want to try a request for proposals, but Law No. 44-FZ does not directly indicate whether we have the right to change the terms of the purchase. Can we reduce the NMCC, add an advance payment condition, change the delivery time?

If no bids are submitted for the auction

44-FZ in part 4 art. 71 contains the answer to the question of what to do next in this case:

• carry out repeated procurement, the method of which from July 1, 2018 can only be an electronic request for proposals. Until this time, the Law on the Contract System allows for another procedure to be carried out (for example, repeat auctions are often held);
• the item of re-purchase cannot be changed from the original;
• reintroduce a new competitive procedure into the schedule.

If the re-auction did not take place - not a single application was submitted - what to do under 44-FZ? Until July 1, 2018, you can hold the 3rd auction or request for proposals or apply another competitive procedure within the framework of the Law on the Contract System.

If the auction did not take place 2 times, what should I do in this case? From July 1, 2018, this issue will no longer exist, because... new edition of Part 4 of Art. 71 The law obliges re-procurement to be carried out in the form of an electronic request for proposals. If the request for proposals does not take place, the government customer makes changes to the schedule and conducts another purchase.

Thus, the answer to the question: not a single application has been submitted for the auction; what next will be: to carry out a repeat purchase, and from July 1, 2018 only in the form of an electronic request for proposals.

You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”