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44 fz no applications have been submitted. The auction did not take place

As part of the request for proposals after failed auction it is forbidden, however, to change the object of procurement (but at the same time it is formally possible, but not recommended, to change its cost, as well as the deadlines). A notice to the EIS must be submitted by the customer no later than 5 days (calendar) before the date of the request for proposals. At the same time, according to 44-FZ, the customer has the right to independently send invitations to participate in the procurement process to those persons who, in his opinion, are capable of fulfilling the terms of the contract. However, these persons in this case must be indispensable counterparties of the customer for at least 18 months before the date of the request for similar supplies. Auction fails if all bids are rejected at the stage of consideration of the first parts In theory, this is hardly possible, but in reality anything can happen in electronic auctions. Accordingly, in this case, the previous paragraph on the request for proposals applies.

Article 71. Consequences of declaring an electronic auction invalid

federal law and documentation on such an auction or on the non-compliance of the participants in such an auction and the applications submitted by them with the requirements of this Federal Law and (or) documentation on such an auction; 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) sole member of such an auction, if only one participant in such an auction and the application filed by him are recognized as complying with the requirements of this Federal Law and the documentation on such an auction. 3.1.

Failed auction

Approvals in accordance with paragraph 25 of part 1 of Article 93 of the Law on contract system arises only in the event of invalidation open competition, competition with limited participation, two-stage competition, repeated competition, request for proposals. 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 of 01/20/2015. The data in the table without changes since 01/01/2015 (now the agreement is not required) failed Actions of the customer Approval Conclusion of the contract 1 Not a single application has been submitted (p.
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.

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

of the Federal Law and documentation on such an auction, or on the non-compliance of this participant and this application with the requirements of this Federal Law and (or) documentation on such an auction with the rationale for the said decision, including an indication of the provisions of this Federal Law and (or) documentation on such an auction, to which this application does not comply; b) the decision of each member of the auction commission on the compliance of the sole participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and documentation on such an auction, or on the non-compliance of this participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and ( or) documentation of such auction; ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 4 of part 2 of article 71. Cm.
Federal Law) 4 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 participants in the procurement (part 8 of article 67 44-FZ) The customer makes changes to the schedule (purchase plan) and carries out the procurement by making a request 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) 5 The auction commission decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant (part 8 67 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 sole supplier(Clause 4, Part 2, Article 71, Clause 25, Part 1, Art.

Auction declared invalid

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.

The electronic auction was declared invalid

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 3.1 of Article 71. See text in a future edition. 3.1. If the electronic auction is declared invalid on the grounds provided for by Part 13 of Article 69 of this Federal Law due to the fact that the auction commission has 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, a contract with a participant in such an auction that has filed the said application shall be 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. (Part 3.1 was introduced by Federal Law No. 140-FZ of 04.06.2014) ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 4 of Article 71.
Cm.

If the auction is declared invalid due to

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) operator electronic platform within the period specified in paragraph 1 of this part, is obliged to send a notification to the sole participant in such an auction; 3) the auction commission, within three working days from the date of receipt by the customer of the second part of this application of the sole participant in such an auction and the documents specified in clause 1 of this part, considers this application and the specified documents for compliance with the requirements of this Federal Law and documentation on such an auction and sends to the operator of the electronic site the protocol of consideration of the application of the sole participant of such an auction, signed by the members of the auction commission.

If the electronic auction is declared invalid

Attention

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 which the issue of conditions is considered in more detail failed auction. 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. Key Feature 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.
This document should include the following information:

Title of the document;
place, time and date of its compilation;
list of members of the auction commission;
the name of the failed auction;
information about the customer;
auction object;
the reason for declaring the auction invalid;
information about the site where the protocol will be placed.

So Art. 71 of Law No. 44 defines 5 possible situations in which an auction is declared invalid. The same article defines the order of actions that the customer must take after the event receives the specified status.
Federal Law "On the privatization of state and municipal property» (with amendments and additions) in the event that the auction for the sale of state or municipal property is declared invalid, then the said property is sold through a public offer. If the auction did 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 contract of sale or a lease contract for the land plot put up for auction, and the state authority or local government, by whose decision the auction was held, is obliged to conclude an agreement with a single bidder at the initial auction price.

The auction was declared invalid, one application was submitted under 44 fz

In view of the foregoing, the conclusion of an agreement with the only participant in the failed auction does not meet the requirements of civil law, and also contradicts the essence of the auction itself. In addition, in accordance with established judicial practice, filing an application for participation in the auction does not mean the conclusion of an agreement with the organizer of the auction by accepting a public offer. An agreement is a two or multilateral transaction, which implies the emergence of rights and obligations for all its parties.

If we assume that the notification of the organizer of the auction is an offer to conclude a contract that is the subject of the auction, then the application of a potential participant should indeed be considered an acceptance. But the bidder does not bear any obligation to conduct the bidding, since the provision of the required documents and the payment of a deposit are his rights, but not his obligations.

During electronic trading- the auction, according to the law, may not take place. The conditions for recognizing it as such are regulated by articles 66-69 of Law 44-FZ "On the contract system in the field of procurement of goods, works, services ...". This provision of the law describes the applicable procedure for conducting procedures on the electronic site.

In particular, the recognition of the auction as invalid allows you to sign a contract with one participant or hold an auction in another form.

We are talking about the fact that when closing tenders without applications, the state-owned enterprise gets the opportunity to select a supplier by requesting proposals. Let's consider the most typical scenarios of failed trades.

Single Application - Procedure

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. Keep in mind that consideration of a single application is possible if within 10 minutes after the start of trading the supplier submitted a price offer (Article 68 FZ-44, part 20). At least it should be 0.5% lower than the NMCC.

If the auction did not take place and none of the bids meet the requirements, then the customer can purchase by the method of request for proposals.

The auction was declared invalid - no bids were submitted

If, taking into account the requirements of 44 FZ, not a single application was registered, then the auction was also declared invalid. This entails in most cases a repeated tender, regulated by the articles of federal law. Also, this is true if the participants did not enter into a contract for the execution of an order for this purchase.

So, the tender is declared invalid if:

one application has been submitted;

lack of applications;

registered applications are submitted with violations and cannot be accepted by the commission;

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.

Repeat auction

Re-bidding 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.

In order to apply for participation in the auction without violations and corresponding to the requirements of the customer, it is best to contact the specialists. RusTender already has significant experience in this area, so it will be able to prepare everything with high quality and in a short time. Required documents and transfer them to the site for participation in the auction.

OOO IWC"RusTender"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

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.

Publication of the protocol if no application has been submitted

The customer draws up the application evaluation protocol in free form, but it should be as informative as possible. That is, the protocol for considering and evaluating applications should indicate the significance of the criteria, limit values and the procedure for evaluating applications. If the customer has not done this, this is the reason for the participant to apply to the OFAS, since it will not be clear on what basis the customer evaluated the application.
An example of a protocol drawn up with a minimum chance of appeal: The customer must evaluate applications no later than 20 days (calendar) from the date of opening the envelopes. But the customer can extend this period for another 10 working days, if all participants in the procurement are notified about this and this information is posted in the EIS (in cases of a competition in the field of culture, science, art).

Electronic Auction: Issues of Drafting Protocols

Federal Law of 05.04.13 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the electronic auction is declared invalid. From the state customer / budget institution Irkutsk region: (leave what is required) Position О. Signatures of the present members of the commission: Chairman of the commission: Signature, F.

AND ABOUT. Deputy Chairman of the Commission: Signature, full name . Commission Secretary: Signature, full name Commission members: Signature, full name Appendix to the section "Standard Forms of Minutes of the Auction (Unified) Commission" Minutes No. of summing up the results of the electronic auction 1.
Purchase number: 2.

Article 71. Consequences of declaring an electronic auction invalid

Company

Federal Law of 05.04.13 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Federal Law). 1 For example: An electronic auction participant who submitted a single application does not comply with the requirements of the Federal Law and documentation on an electronic auction. The decision of each member of the commission is indicated: Full name. member of the commission — corresponds / does not correspond For example: An application for participation in an electronic auction submitted by the participant “…” does not comply with the requirements of the current legislation and the requirements of the electronic auction documentation. In accordance with Part 3 of Art. 66 of the Federal Law, para.

Protocols

Name of the object of procurement: (the name of the object of procurement is indicated in accordance with the name of the object of procurement indicated in the notice of the electronic auction); 3. Customer: (the name of the state customer, budgetary institution is indicated in accordance with the name indicated in the certificate of entry in the unified state register legal entities); 4. Initial (maximum) price of the contract: (indicated in accordance with the price specified in the notice of the electronic auction, documentation of the electronic auction); 5. Place of consideration of applications for participation in the electronic auction: 6.
Date and time of the beginning of consideration of applications for participation in the auction: 7. Composition of the auction (single) commission: Member of the commission Role Position Status Chairman of the commission Present / absent Deputy.
Federal law and the requirements established by the electronic auction documentation; - justification decision indicating the provisions of the Federal Law that the auction participant does not comply with, the provisions of the documentation for such an auction that the application for participation in the auction does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation for it; — the decision of each member of the auction (single) commission on the compliance or non-compliance of the auction participant and the application submitted by him with the requirements of the Federal Law and documentation on such an auction in relation to each application. Appendix to the section "Standard Forms of Minutes of the Auction (Unified) Commission" Minutes No. of consideration of the first parts of applications for participation in an electronic auction (no applications have been submitted by the end of the deadline for submitting applications for participation in an electronic auction).

How to draw up a protocol when no application has been submitted

The auction (single) commission within three working days from the date of receipt of the single application for participation in the electronic auction (the second part of the application of the sole participant in the auction) and the documents of the participant, provided for by paragraphs 2-6 and 8 of part 2 of Article 61 of the Federal Law and contained on the date and the deadline for filing applications for participation in such an auction in the register of participants in an electronic auction accredited on an electronic site, considers this application and these documents for compliance with the requirements of the Federal Law and documentation on such an auction and sends the protocol of consideration of a single application for participation to the operator of the electronic site in an electronic auction (applications of a single participant in an electronic auction), signed by members of the auction (single) commission.

Info

Present/absent Member of the commission Present/absent Member of the commission Present/absent Member of the commission Present/absent Member of the commission Present/absent Member of the commission Present/absent The quorum is present. The commission is legal. At the suggestion of the chairman of the auction (unified) commission, she was appointed secretary, no objections were received. Get full text Number of applications submitted for participation in the auction: 0 8.

Until the deadline for submitting applications for participation in the electronic auction "" 2014 09:00 am (Irkutsk time) not a single application for participation in the electronic auction was submitted. 9. In accordance with Part 16 of Art. 66 of the Federal Law of 05.04.13 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the electronic auction is declared invalid. 10.
of the Federal Law and documentation on such an auction, or on the non-compliance of this participant and the application submitted by him with the requirements of the Federal Law and (or) documentation on such an auction; — substantiation of the decision taken, indicating the provisions of the Federal Law and (or) documentation of such an auction, which do not correspond to a single application (application) for participation in the auction; — the decision of each member of the auction (single) commission on the compliance of the participant (single participant) of such an auction and the application submitted by him/her with the requirements of the Federal Law and documentation on such an auction, or on the non-compliance of the specified participant and the application submitted by him/her for participation in such an auction with the requirements of the Federal Law and/or ) documentation of such an auction. 3.

Article 71. Consequences of declaring an electronic auction invalid

So, the tender is declared invalid if:

one application has been submitted;
lack of applications;
registered applications are submitted with violations and cannot be accepted by the commission;
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 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.

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 different stages procedures. 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) 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" 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.

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 admitted participants e-procurement did not send his offer with the 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);
member who proposed Better conditions after the winner, evaded signing a government contract and refused to execute such a contract (Part 15, 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 repeat auction did not take place - not a single application was submitted - what to do 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 repurchase in the form electronic request offers. 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.

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