What to do if the auction does not take place. The customer held an electronic auction, for which no applications were submitted and the auction was declared invalid

In this article, I will focus on the recognition of the auction as invalid.

When can this even happen?

Firstly, if no bids were submitted for the auction at all, it is quite logical, what kind of auction is there if there is no one. What's next? Re-bidding will be scheduled with a decrease in the initial price (NC) by 10% from the NC at the primary auction. If the repeated ones do not take place, then they will appoint an auction in the form of a public offer with a decrease in the NC.

The most interesting thing is not this.

Imagine this situation: you decide to buy something from the primary or re-auction (i.e. from the auction to increase). You have submitted your application online. And it just so happened that no one except you was allowed to bid, or no one except you submitted bids. What will happen in such a case?

Now these auctions will be called failed. But it's too early to panic.

As sad as it sounds, you, as the sole bidder, will be declared the winner of the auction at the starting price. Have you applied for an auction at the starting price? And it's not your problem that no one else applied or no one was admitted except you. You were ready to pay the initial price, because. what you applied for. Therefore, the organizer of the auction has no grounds, incl. the legislature does not designate you as the winner of such bidding.

What part of the law do we rely on? Of course on the main document - Federal Law No. 127 "On Insolvency", to be more precise, on paragraph 17 of Article 110 "Sale of the debtor's enterprise" (download the Federal Law from the link)

“If only one participant was allowed to participate in the auction, whose application for participation in the auction meets the conditions of the auction or contains a proposal for the price of the enterprise not lower than the established initial sale price of the enterprise, the contract for the sale of the enterprise is concluded by the external manager with this participant in the auction”

Thus, if you are the only participant in the auction and your application with the Annexes to it comply, you can count on the fact that you bought the lot at the starting price.

This is how things stand with the recognition of the auction as invalid.

Therefore, when I showed these auctions for the purchase of a land plot in the city of Yartsevo in my video lesson, some attentive readers of our mailing list had fair bewilderment: “How is he telling us here that he bought the land, but the auction didn’t take place”?

That's how they "did not take place"!

And this is a certificate of ownership of the same land. This is Anyone who has access to the Sberbank-AST platform can also view the trading procedure - SBR013-1404110020

We're running an auction, the bid day is ending and we know no one will bid. Is it necessary to change the schedule and procurement plan in order to hold a second auction? Can I create a new notice immediately after posting the protocol on the failed auction and within what time frame?

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 4 of Article 79 of Law No. 44-FZ, if the electronic auction is declared invalid due to the fact that no applications have been submitted by the end of the application period for participation in such an auction, the customer makes changes to the schedule ( if necessary, also in the procurement plan) and carry out procurement by means of a request for proposals in accordance with clause 8 of part 2 of Article 83 of this Federal Law (in this case, the object of procurement cannot be changed) or otherwise in accordance with this Federal Law.

At the same time, if there is no need to make changes to this position of the schedule in terms of the method for determining the supplier (contractor, performer), the timing of the purchase, the NMCC, then, based on the literal interpretation of the provisions of part 13 of article 21 of Law No. 44-FZ, we believe that no need to wait 10 days. Accordingly, after posting a protocol on recognizing the electronic auction as invalid, the customer can place a re-purchase.

What changes to make to the procurement plan and schedule when the auction did not take place and the customer repeats the procedure

If necessary, change in the procurement plan and schedule the terms of the procurement, the method of determining the supplier or, for example, the amount of funding, and announce the procedure again. Leave the object of purchase unchanged. Such a rule is established in part 4 of article 71 of Law No. 44-FZ.

In what cases and how to change the schedule in the EIS

Customers make changes to schedules in accordance with the Rules and Requirements from the Decrees of the Government of the Russian Federation of June 5, 2015 No. 553 and 554. Observe the deadlines for making changes, otherwise you will pay a fine. Publish the changes in the EIS, after sending it for control. How to change the schedule plan correctly and where to contact if errors occur in the EIS, you will learn from the recommendation below.

When to change the schedule

Make changes to the schedule if:

• changed the procurement plan;
• the volume and cost of goods, works or services have changed and it is impossible to purchase them at the former NMTsK;
• changed the start date of the purchase, the terms of the contract, the amount of the advance payment, the stages of payment;
• changed the terms in which the customer will supply goods, works or services;
• changed the way you define a supplier;
• canceled the purchase
• use savings from procurement or saved funds within budget allocations;
• received an order from the control body under Article 99 of Law No. 44-FZ;
• decided to change the schedule based on the results of public discussion;
• circumstances arose that could not be foreseen at the date of approval of the schedule.

Cases when the customer changes the schedules are prescribed:

• in paragraph 8 of the Rules from the Decree of the Government of the Russian Federation of June 5, 2015 No. 553 - when purchasing for federal needs;
• in paragraph 10 of the Requirements from the Decree of the Government of the Russian Federation of June 5, 2015 No. 554 - when purchasing for regional and municipal needs.

Regional or local authorities may additionally establish cases when the customer changes the schedules for procurement for regional and local needs. Such a rule is spelled out in subparagraph “h” of paragraph 10 of Requirements No. 554.

When to change the schedule

Make changes to the schedule in time:

• 10 days or earlier before you place a notice in the EIS or send an invitation to participate in the procurement;
• 10 days or earlier before the date when you conclude the contract, if the purchase does not provide for either a notice or an invitation;
• one day before the conclusion of the contract when purchasing from a supplier under clauses 9 and 28 of part 1 of article 93 of Law No. 44-FZ;
• on the day when you send participants a request for quotations for procurement for humanitarian aid or emergency response (Article 82 of Law No. 44-FZ).

The deadlines are specified in paragraphs 9 and 10 of Regulation No. 553 and paragraphs 11 and 12 of Requirements No. 554.

If you violate the deadlines, the responsible employee will pay a fine of 5,000 to 30,000 rubles. Punishment is provided for by part 4 of article 7.29.3 of the Code of Administrative Offenses of the Russian Federation.

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.

In most cases, when the phrase “the purchase did not take place” is announced, the participants have the opinion that either there are no proposals for the tender, or all applications for its participation have been rejected. However, there are many more cases where the purchase was declared invalid.

Consider this for the different stages of the procedure.

All bases are collected in the table.

Competitive procedures

If during the competition the public procurement is declared invalid, 44-FZ provides for two cases for further developments: to conduct a new or repeated one, or to purchase from a single supplier.

The difference between a new public procurement and a repeated one is that if the object, volume, requirements for participants do not change, that is, all the conditions remain the same (with the exception of the term for fulfilling the terms of the contract, which is extended by the time necessary for a repeated order, as well as the initial price, which can be increased by no more than 10%), then the order is repeated, otherwise it is new.

When there are no submitted applications or they are found to be inappropriate, a second procedure is carried out. The publication of the notice in the repeated procedure is carried out at least 10 days before the date of opening the envelopes (not 20 days, as in the usual one).

If in the future a repeated tender does not take place for the same reasons (part 2 of article 55), then the customer has the right to carry out the procedure in order to reduce the deadline for submitting applications to 5 working days or in another way at the discretion of the customer.

If the purchase did not take place, the only supplier concludes a contract if his application complies with the requirements of the law and documentation. In this case, the customer must receive (clause 25, part 1, article 93).

This group will not include the case when, according to the results of the pre-qualification selection of a two-stage competition, only one participant is found to meet the requirements (). The customer conducts the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

Electronic auction

When an electronic auction is recognized as failed, the customer or concludes a contract with, while coordination with the control body is not required (in the cases provided for in Part 16 of Article 66, Part 8 of Article 67, Part 20 of Article 68, Part 13 of Article 69).

Or, if the auction did not take place, changes in the procurement plan are made, if necessary, in accordance with Part 6 of Art. 17, changes in the schedule are mandatory, then the order is carried out again (part 16 of article 66, part 8 of article 67, part 13 of article 69, part 15 of article 70). Art. 92, in addition to the possibility to re-order, the customer has the right, in agreement with the control authority, to purchase from a single supplier in accordance with paragraph 24 of Part 1 of Art. 93.

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal authorities of the Federal Antimonopoly Service of Russia Rosoboronzakaz From 01.01.2015, if an electronic auction is recognized as invalid, the approval of the conclusion of a contract with a single supplier with the control authority is not required. Federal Law No. 498-FZ dated December 31, 2014 amended paragraph 25 of Part 1 of Art. 93 44-FZ, according to which, if the electronic auction was declared invalid on the grounds that are provided for in Part. 1 - 3.1 Art.

Article 71. Consequences of declaring an electronic auction invalid

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.

Publication of the protocol if no application has been submitted

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 time period specified in paragraph 1 of this part, is obliged to send a notification to the participant in such an auction that has submitted a single application for participation in such an auction; 3) the auction commission, within three working days from the date of receipt of a 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 documentation on such an auction and sends to the operator electronic platform protocol for consideration of a single application for participation in such an auction, signed by members of the auction commission.

Ipc-star.ru

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 4 of part 3 of article 71. See text in a future edition. 4) the contract is concluded in accordance with Clause 25 of Part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law with a participant in such an auction, an application for participation in which is filed: a) before other applications for participation in such an auction, if several participants in such an auction and the bids submitted by them are recognized as complying with the requirements of this Federal Law and documentation on such an auction; b) the only participant in such an auction, if only one participant in such an auction and the application submitted by him are recognized as complying with the requirements of this Federal Law and documentation on such an auction.

ConsultantPlus: note.

The auction did not take place, no bids were submitted

Then the notice of a repeated auction or request for proposals may be published on the website no earlier than November 12, 2016. With regard to the re-placement of the order, this may be again an electronic auction or, on the basis of clause 8 of paragraph 2 of Article 83, a request for proposals.
Part 3 of this article defines the rules for conducting procurement in this way, including the timing. In any case, the contractor who wanted to take part in the electronic auction, which was subsequently declared invalid due to the lack of bids, but for some reason did not have time, has enough time to solve all the problems and become a participant in the re-placed purchase.

The auction did not take place applications were submitted what to do according to federal law 44

of the Federal Law due to the fact that the auction commission has decided that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the electronic auction, or on the grounds provided for by Part 15 of Article 70 of this Federal Law, the customer makes changes to the plan schedule (if necessary, also in the procurement plan) and carry out procurement by means of a request for proposals in accordance with clause 8 of part 2 of Article 83 of this Federal Law (in this case, the procurement object cannot be changed) or otherwise in accordance with this Federal Law. (as amended by the Federal Laws of December 28, 2013 N 396-FZ, of June 4, 2014 N 140-FZ) (see.

Failed auction

The only application - the order of actions Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and Art.
25 №44-

Federal Law, within the framework of which the issue of the conditions of the failed auction is considered in more detail. The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

Important

Provided that the only application for participation in the auction was under consideration in the work of the site, it is she who is considered the winner. The key feature of the recognition of the auction as invalid for this reason is the admission to participation in it of only one participant.

Attention

The customer can conclude a contractual agreement with a single participant. Consider the conditions under which you can sign a contract.

Protocols according to 44-FZ: sample documents

So, the tender is declared invalid if:

1. one application has been submitted;
2. lack of applications;
3. registered applications are submitted with violations and cannot be accepted by the commission;
4. in cases where there was no bid for the price at the set time.

Failed auction - consequences As we wrote above, depending on the reasons for the recognition of a failed auction, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or otherwise established by law. Repeated auction Conducting a repeated auction is also carried out on the basis of Federal Law-44.

At the moment, the state customer has the right to select a counterparty only by requesting proposals, but new amendments are expected soon, which will require additional. approvals.

If no bids have been submitted for the auction, you need to publish a protocol declaring the purchase as void. The functionality of the site does not imply automatic publication of a protocol on recognizing the procurement as failed.

Log in to your Personal Account with an electronic signature. Find the auction in the "Purchases" section; 2. Open the form of the protocol on declaring the auction invalid: Click on the notification "Publish the protocol on declaring the auction invalid" in the auction line in the "Purchases" section; Or open the auction card in the "Events" section, then "Minutes" and click the "Open protocol form" button.

3. Select the auction commission in the "Commission" field (if necessary).
Federal Law) 2 Only one application has been submitted - the participant does not comply (part 16 of article 66 44-FZ) = based on the results of consideration of the first parts of applications by the auction commission, a decision was made to refuse admission to participation of all procurement participants (part 8 of 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 paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of article 71 44-FZ) 3 Only one application has been submitted - the participant complies (part 16 of article 66 44-FZ) Coordination of the Customer's decision with the body authorized 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.

Protocol on the failed auction 44 fz if no application has been submitted

• at the end of the deadline for filing applications for participation in such an auction, only one application for participation in it has been submitted,
• the auction commission decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant,
• within ten minutes after the start of such an auction, none of its participants submitted an offer on the price of the contract,
• the auction commission made a decision on compliance with the requirements established by the electronic auction documentation, only one second part of the application for participation in it,

then the customer has the right to conclude a contract with a single supplier without the consent of the body authorized to exercise control in the field of procurement.