Electronic auction did not take place. Failed electronic auction

• On the procedure for conducting bankruptcy auctions
• Stages of sale of property of debtors.
• If the auction did not take place
• If the property is not sold
• Conclusion

In the Russian Federation appear daily bankrupt organizations. Often such enterprises or firms have property that must be sold in accordance with applicable law.

The property values ​​of debtors or bankrupts are sold at bankruptcy auctions. At the same time, if the property is sold, then all parties usually benefit from this. The buyer gets a bargain at an attractive price, the bankrupt organization has at least some opportunity to stabilize its position, and the organizers of the auction deserve a legitimate commission.

But what happens if the debtor's property could not be sold? Who controls the future fate of the object? It is this question that we will consider in today's material.

Before solving such problems, it is necessary to understand what precedes the situation when the debtor's property values ​​cannot be realized. Therefore, it is necessary to refer to order and timing of the auction.

On the procedure for conducting bankruptcy auctions

The debtor's property (land plots, real estate, cars, securities) is sold within two months from the moment the object was transferred to auction organizers. At the same time, the organizers undertake to conduct a kind of advertising campaign for the lot, that is, place ads in the media and the Internet. Thus, a larger number of potential buyers are attracted, and consequently, the activity of the future struggle at the event indirectly increases and the likelihood of a more profitable sale increases.

It is noteworthy that not every organization can sell the debtor's property.

Modern legislation establishes some criteria that the firm organizing the auction must have:

• positive experience in this activity;
• good reputation;
• the possibility of self-assessment of property objects of various categories;
• highly skilled workers;
• the availability of financial resources to ensure obligations for the sale of the debtor's property.

There is a certain procedure for trading. This sequence is regulated by the Code of the Russian Federation, decrees of the Government of the Russian Federation, as well as federal laws.

In general, the debtor's property is sold in three stages:

1. primary auctions;
2. repeated auctions;
3. bidding on a public offer.

Each subsequent stage comes if the previous one did not take place. Note that repeated bidding, as well as bidding through public offer are characterized by a price reduction and are the most beneficial for the buyer. Sale at the primary auction is more beneficial for the debtor.

But still, the object will have the lowest price on a public offer. For buyers, this is a gold mine, where sometimes property values ​​are sold at prices 10 times lower than the market price.

Stages of sale of property of debtors.

If the auction did not take place

To move on to the main issue, it is necessary to mention cases of failed auctions.

Typically, an auction can be declared invalid in the following cases:

• when there is no struggle at the auction, that is, the participants refuse to raise the initial price of the object. In fact, this means that the buyer is absent;
• when the winning bidder refuses to conclude a contract of sale for the object. Such an agreement must be concluded within 5 days from the end of the auction.

In the presence of such situations, the organizers appoint repeated auctions no earlier than 10 days and no later than 30 days from the date of the first auction. In case of failed bidding, all bidders must be deposits returned previously entered by them. However, there are exceptions here.

For example, if the winner refuses to sign the auction protocol and conclude a sale and purchase agreement, then the organizers are allowed to keep his deposit. This is a completely fair decision, because it is not allowed to approach and participate in the auction with such frivolity.

It is also worth mentioning the joint work of the auction organizers and executive bodies. There must be complete mutual understanding between these structures, all legal formalities must be observed. If this is not the case, then there is a high probability that the auction will be held in violation, and this implies the presence of costs for all parties.

If the property is not sold

There are situations when it was not possible to sell the debtor's property at all three auctions. In this case, the bailiff addresses the claimant with a proposal to keep the debtor's property to himself. Such an offer is often not profitable for the claimant, because the storage of such property is associated with certain costs.

It is also worth noting that the transfer of the debtor's property to the recoverer is carried out with a price reduction of 25% below the market price. Very often, creditors refuse this option to resolve the issue. In this case, the property may be returned to the debtor.

Of course, these situations are rare, but they do happen. In this case, the bailiff is obliged to send copies of the decisions to the parties. The recoverer, on the other hand, has the right to demand other objects from the bankrupt organization for subsequent sale at auction, but a sufficient amount of time is lost on this.

Conclusion

This material shows that the problem of unsold property at the auction is, first of all, the problem of the organizers of the auction, which smoothly flows to the claimant. But for a bankrupt, this is a very twofold situation.

So, for example, when an object is of significant value, the debtor is glad to have it back. On the other hand, financial litigation on debt obligations is dragging on and it becomes possible to lose other values ​​at auction, and this, in turn, can only aggravate the situation.

Thus, it can be argued that the failed auction is not beneficial to anyone, and each party is interested in their successful conduct. On this question can be considered closed. And remember, no matter which side you are on, in order to successfully conduct business and avoid additional problems, you need to approach financial issues in a balanced and confident way!

Any failed procurement procedure is another headache for the contract manager. After all, it is no secret how much time and effort it takes to prepare a technical task, draw up auction documentation, publish it on the website, and wait for submitted applications. But, even if bids have been submitted, the auction may still not take place.

How about others?

Statistics show that the rejection of applications for the first parts is most often encountered during procurement for the supply of goods and the performance of work. Namely, the characteristics of the goods supplied (or used in the performance of work) do not correspond to the parameters specified in the terms of reference.

For the second parts of the application are rejected, as a rule, when purchasing services. Because the main package of documentation from the procurement participant is contained in the second part of the application, and in the first part, only the consent to participate in the electronic auction on the conditions stipulated by the auction documentation is sufficient.

3. Nobody came to bargain. And this happens too - applications are submitted, the first parts of applications are considered and allowed to participate in the electronic auction. Everyone is waiting for the auction. But at the cherished hour, not a single price offer is received. Alas and ah.

The customer can be endlessly lost in conjectures “How? Why? Have you forgotten about us?" This situation is advantageous for the procurement participant who first applied for participation in the auction. In this case, the principle “who gets up first gets the slippers” applies.

The operator of the electronic platform sends to the customer both parts of the applications of all declared participants. The customer considers them and decides on the compliance of these applications with the requirements of the auction documentation. The contract is concluded with the participant who has previously submitted an application that meets the requirements of the auction documentation. After the publication of the protocol for consideration of applications, the auction proceeds to the stage of concluding a contract.

4. The auction did not take place at all. If no applications have been submitted for participation in the electronic auction or all submitted applications do not meet the requirements of the documentation, the auction will also be declared invalid.

The law states that in this case, the customer makes changes to the schedule and conducts this purchase, but by requesting proposals, or conducts a new purchase. If the customer chooses the first option, then changing the procurement object is not allowed. In the schedule, a new purchasing item must be created by request for proposals. The object of the procurement remains the same, the deadline for the procurement is subject to mandatory changes.

The client changed his mind.

If there is no longer a need for this purchase, then the Customer makes changes to the schedule (purchase plan) and conducts a new purchase: the customer may decide to use the unused funds for other purposes.

Ten days of PPP have been canceled, but not for everyone.

Whichever of these two ways the Customer chooses, you still have to wait 10 days after making changes to the DPP before publishing the notice. But before making changes to the documentation, it is necessary to analyze what is written in the auction, since no one wanted to participate in it.

The reasons can be completely different - the initial (maximum) price of the contract is underestimated, the terms of reference are not correctly drawn up, the contract deadline is critically short, or a potential participant in placing an order simply missed your auction in the entire flow of information on the electronic site. Whatever the reasons, it will still be necessary to master the funds and the purchase must be carried out by the customer.

There will still be a contract.

In the first three cases, the failed auction will still lead the customer to conclude a contract in accordance with paragraph 25.1 of Part 1 of Art. 93 FZ No. 44-FZ.

At the same time, the price of the contract should not be higher than the initial (maximum) price, and the terms for its conclusion are regulated by Art. 83.2 FZ No. 44-FZ.

Interesting purchases and held auctions to you, colleagues!

Publication date: 24.08.2018

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

Consequences of declaring an auction invalid

After analyzing 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.

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

• if there are no applications - to conduct a new purchase;
• if one application is submitted - draw up a state 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 is 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 admitted to 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 conditions of the procurement (part 13 of article 69), a contract is drawn up with the person who submitted it.

The only condition will be the compliance of a single application with all the stated requirements.

Another reason for such a contract is the combination of circumstances when none of the eligible participants in the electronic procurement sent their offer with a price within ten minutes from the moment it began (part 20 of article 68).

Imagine the situation: no applications were submitted for the competition, only one application was submitted, or only one application meets the requirements of the documentation. In all cases, you must declare the competition void. 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 according to one option. And if you yourself rejected all applications, you should do something completely different. And further, when you start receiving new applications, each time new conditions will be included depending on the number and quality of applications. Let us explain how, under different conditions, to choose the right method of purchase.

From the article

Clause 25, Part 1, Art. 93 of the Law on the COP establishes the rules for what to do according to 44-FZ if the purchase did not take place when drawing up a contract with a single supplier:

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

Important

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

The electronic auction did not take place, because no applications

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

• not a single application has been submitted under 44-FZ (part 16 of article 66);
• there is no admission of any of the participants who submitted such an application (part 8 of article 67);
• all the second parts of the applications are incorrectly drawn up (part 13 of article 69);
• the participant who offered the best conditions after the winner avoided signing the state contract and refused to execute such a contract (part 15 of article 70).

If not a single application under 44-FZ has been submitted for the auction, what should I do next? A repurchase should be declared.

We held an electronic auction for the supply of wooden coffins. No one applied, so the auction was declared invalid. Now we want to try the 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 NMTsK, add an advance payment condition, change the delivery time?

If no bids have been submitted for the auction

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

• carry out repeated purchase, the method of which from July 1, 2018 can only be an electronic request for proposals. Until that time, the Law on the contract system allows for another procedure (for example, repeated auctions are often held);
• the item of re-purchase cannot be changed in comparison with the original one;
• re-schedule a new competitive procedure.

If the repeated auction did not take place - not a single application was submitted - what should be done according to 44-FZ? Until July 1, 2018, it is possible to hold the 3rd auction or request for proposals or apply another competitive procedure under the Contract System Law.

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

Thus, the answer to the question: no bids have been submitted to the auction, what will happen next: to conduct a re-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 State Order in Questions and Answers magazine.

Failed electronic auction. Failed auction in electronic form.

• The concept of "failed electronic auction" means the absence of bidding when placing a specific order. At the same time, it is not at all necessary to imply that the contract (for this order) will not be concluded. For example, only 1 URZ showed up for the auction, it turns out that there will be no auction, this URZ will not play with itself at the auction. It turns out. That the electronic auction (UAEF) was declared invalid, and the state. the contract will be concluded with this (the only declared) URZ.

A list of situations in which electronic auctions are recognized as failed, but government contracts are still concluded.

The electronic auction was declared invalid. Regulations and documents.

Recognition of the electronic auction as invalid.

Protocol for declaring an electronic auction invalid. There is a (admitted) participant, and a state contract will be concluded with him.

Protocol for declaring an electronic auction invalid. There were no applications at all.

• Fixation of the fact: the electronic auction is recognized (the reason is indicated) as failed.

• The reason for declaring the auction invalid: no bids have been submitted.

Consequences of the fact that the electronic auction was declared invalid.

Cases of recognition of an electronic auction as invalid.