The customer held an electronic auction, for which no applications were submitted and the auction was declared invalid. How to reflect the repeated procedure in the schedule if the repeated auction will be carried out without making significant changes to the document

Failed, invalid and canceled purchases are different things.

Status failed purchase means that there was no competitive competition, bidding between suppliers. But as a result of such a purchase, the customer can conclude a contract with a single supplier.

Invalid auctions are recognized, during which the customer violated the laws (44-FZ, 223-FZ) or the norms of the Civil Code. If the auction is declared invalid after the winner is determined, the contract with him is terminated.

Cancel Purchase at any stage, the customer himself can, for his own reasons or by order of the regulatory authority.

For example, in 2015, every third competitive purchase was declared invalid:

In what cases will the purchase be declared invalid?

1. According to 44-FZ

Let's see how it works on the three most popular types of competitive procurement:

For the competition

• No applications have been submitted;
• All applications are rejected by the commission;
• The winner avoided signing, and the second participant refused to conclude a contract (he has the right to do so, there will be no sanctions);
• As a result of the pre-qualification, all participants did not meet the requirements;
• Only 1 application has been submitted;
• Only 1 application meets documentation requirements;
• As a result of pre-qualification, only 1 participant met the requirements.

For auction

• No applications have been submitted;
• After consideration of the first parts, all participants are denied admission;
• After consideration of the second parts, all applications do not meet the requirements;
• Only 1 application has been submitted;
• After consideration of the first parts, only 1 application meets the requirements of the documentation;
• Within ten minutes after the start of the auction, no proposals for the price of the contract were submitted;
• As a result of consideration of the second parts, only 1 application meets the requirements of the documentation;
• The winner avoided signing the contract, and the second one refused to sign the contract (he has the right to do so, there will be no sanctions).

To request a quote

• No applications have been submitted;
• All applications are rejected by the commission;
• Only 1 application has been submitted;
• Only 1 application meets the requirements.

2. According to 223-FZ

All cases when the procurement is recognized as failed must be provided for and described in the procurement regulation. The law does not regulate the actions of customers if the purchase did not take place, and in the Civil Code the concept of “failed purchase” is given only for tenders and auctions and only if one supplier participated in them.

Many customers under 223-FZ use the provisions of 44-FZ as an example, but make the conditions more flexible. Suppliers have traditionally had to rely on customer procurement regulations, the Civil Code and competition law.

What will the customer do if the procedure does not take place?

If there was not a single supplier that met the requirements

First of all, the customer makes changes to his schedule. 10 days after that, he has the right to declare:

• Repeated tender or request for proposals, if the purchase was carried out in the form of a tender;
• Request for proposals or other procedure if the auction did not take place;
• New request for proposals after the failed request for proposals.
• A new quote after a failed request for quotes.

To request quotations and electronic tenders, it is necessary to extend the deadline for submitting applications: by 4 and 10 days, respectively. If there are no offers again, the customer will make changes to the schedule and conduct a new purchase in the manner indicated above.

If there is only one participant who meets the requirements

The customer must:

1. If an electronic auction or request for quotations was held, conclude a contract with a supplier whose application meets the requirements;
2. If there was a tender or a request for proposals, coordinate the purchase from a single supplier with the regulatory authority;
3. If the purchase is agreed, conclude a contract.
4. Involve external experts in the acceptance of goods or work under a contract concluded in accordance with clauses 25.1-25.3 of part 1 of Art. 93 44-FZ. If you become the winner of such a purchase, be careful and comply with all the terms of the contract. To the little things that the customer may not pay attention to in order to quickly accept the desired product, the external commission may find fault.

What should a supplier do?

If you were the only participant in the procurement or only your procurement meets the requirements, then after its completion:

• If it was an auction, you must sign the contract on time, even if you didn't submit a bid. For example, how.
• If you participated in a tender or a request for proposals, first wait until the customer agrees on the purchase from a single supplier with the regulatory authority. The customer himself sends an application for approval to the FAS and in 10 days will notify you of the decision.
• Quotations do not require approval. The customer will conclude a contract at the price specified in your application.
• The results of the auction also do not need to be agreed upon. If none of the eligible bidders submitted a bid during the electronic auction, the contract will be awarded at the maximum price. If you are the only supplier whose 2nd part of the application met the requirements, the contract will be awarded at the price to which you have fallen.

The only supplier-winner is obliged to sign the contract on time, otherwise he will fall into the register of unscrupulous suppliers. For example, how it happened in this purchase.

In procurement under 223-FZ, the actions of the customer are determined by its procurement regulations.

conclusions

Customize your search so you don't miss out on purchases

Constantly look for purchases in your field. Then you will not miss anything interesting, you will have time to prepare and apply.

Sometimes the customer specifically hides the purchase so that only one supplier knows about it, which becomes the winner. We wrote about how to get around the tricks of customers. In some cases, a search through the documentation will help you find a hidden purchase.

Keep track of all purchases in which you participate

If you applied for participation, follow what happens in the procedure. For example, in Contour.Purchases, you can add a purchase to favorites. This will help you not to miss the changes in it and the results.

Don't miss the deadline for signing the contract

If you become the only supplier, you will be able to conclude a contract at the maximum price.

Hello!

You can, in accordance with Art. 93.44 fz

25) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, an electronic auction, request for quotations, request for proposals in accordance with Parts 1 and 7 of Article 55, Parts 1 - 3.1 of Article 71, Parts 1 and 3 of Article 79, Part 18 of Article 83 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 - 3.1 of Article 71, Parts 1 and 3 of Article 79 of this Federal Law, is carried out during procurement to meet federal needs, the needs of the subject of the Russian Federation, municipal needs, respectively, with the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense orders, the executive body of the subject of the Russian Federation, the local government body of the municipal district or the local government body of the city district, authorized to control over procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction. The customer's request for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than within ten days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the definition of the supplier (contractor, performer). ) failed. At the same time, the approval period should not be more than ten working days from the date of receipt of the said request. A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for by Parts 4 and 5 of Article 15 of this Federal Law, within a period of not more than twenty days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid, or in the cases provided for by Parts 1 - 3.1 of Article 71, Parts 1 and 3 of Article 79 of this Federal Law, within the time limits established by Article 70 and Part 13 Article 78 of this Federal Law. The procedure for agreeing on the conclusion of a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contract system in the field of procurement;

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.

Article 71. Consequences of declaring an electronic auction invalid

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.

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

Attention

Re: EA did not take place, what's next In accordance with clause 25 of part 1 of article 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law on the contract system) as amended by the Federal Law of December 31, 2014 N 498-FZ, the purchase from a single supplier (contractor, performer) can be carried out by the customer, including if the electronic auction is declared invalid in accordance with parts 1 - 3.1 of the article 71 of the Law on the contract system.

At the same time, it is not required to coordinate the conclusion of a contract with a single supplier (contractor, performer) with the control body in the field of procurement.

What to do if the auction does not take place

Important

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 No. 44-FZ, 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.

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. The customer can conclude a contractual agreement with a single participant.

Consider the conditions under which you can sign a contract. This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements.

What to do if the purchase did not take place

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 by requesting proposals in order to reduce the deadline for submitting applications to 5 working days or otherwise 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 obtain approval from the FAS (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 recognized as meeting the requirements (part 10 of article 57). 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.

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

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 Since 01/01/2015, if an electronic auction is recognized as invalid, agreement on the conclusion of a contract with a single supplier with a supervisory 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.

Failed auction

General grounds For competitive procedures For electronic auction Evasion of the winner from the conclusion of the contract and subsequent evasion of the second participant from signing the contract. 1. All offers rejected. 2. Only one is recognized as compliant. When conducting a pre-qualification selection in a competition with limited participation: 1.

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

Info

Coordination in accordance with clause 25 of part 1 of article 93 of the Law on the contract system arises only in the event that an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for proposals are declared invalid. Clarifications on this issue are given in the Letter of the Ministry of Economic Development of Russia No. 658-EE/D28i, FAS Russia No. АЦ/1587/15 dated 01/20/2015. The data in the table without changes from 01.01.2015 (now the agreement is not required) No. p / p Reason for declaring the electronic auction invalid Actions of the Customer Approval Concluding the contract 1 No application has been submitted (part

16 art. 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 paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of Art.

Auction failed one bid 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 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.

If the auction did not take place, no application for 44 fz has been submitted, what to do

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Author: Cherdantseva Tatyana October 20, 2017 44-FZ provides not only for competitive bidding to lower prices, but also for cases when an order is declared invalid. We will analyze the grounds for declaring a public procurement as failed, the consequences, as well as the actions of the customer in such a situation. Grounds for recognizing the procurement as failed In most cases, when the phrase “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. Submission of applications Consideration Conclusion of the contract 1. There are no proposals.
2. Only one application has been submitted.
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) Concluding 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" most people working in the field of procurement have a large number of questions that they would like to receive an answer to. help-tend.ru presents them with this opportunity. All your questions can be easily asked, or you can already find the answer on our website.

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 bidding up). 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

• 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!