If only one application has been submitted. The purchase did not take place: contract with a single supplier

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal bodies of the Federal Antimonopoly Service of Russia Rosoboronzakaz From 01.01.2015 in case of recognition electronic auction failed agreement on the conclusion of a contract with sole supplier with the control body 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 received accreditation for electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send 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.

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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. Key Feature 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.

This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements.

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.

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.

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.

Sign in Personal Area by 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.

• 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 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's in charge future fate 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 implemented within two months from the moment when the object passed to auction organizers. At the same time, the organizers undertake to hold some sort of advertising company 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.

Present at auction certain order actions. 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 Goldmine, 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 failed auction are not beneficial to anyone, and each side is interested in their successful implementation. On this question can be considered closed. And remember, no matter which side you are on, for successful management affairs and avoiding additional problems, it is necessary to approach financial matters in a balanced and confident manner!

According to paragraph 16 of the notes of the Order of the Ministry of Economic Development and Treasury of the Russian Federation No. 761 / 18n, changes to the schedules in connection with the repeated procedures for placing orders are made only in terms of the timing and method of placing an order and executing the contract.

At the same time, according to part 2 of Art. 112 of the Federal Law of April 5, 2013 No. 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ), customers post on the Official Website schedules for placing orders for 2014-2016 in accordance with the rules that were in force before the date of entry into force of Law No. 44-FZ, taking into account the Features of placement in a single information system or before the commissioning of this system on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services of placement schedules orders for 2015 - 2016, approved by the Order of the Ministry of Economic Development of Russia No. 182, the Treasury of Russia No. 7n dated March 31, 2015 (hereinafter referred to as the Features).

For example, clause 6 of the Specifics, according to which, changes to the schedule posted on the official website for each object of procurement are carried out no later than ten calendar days before the date of posting on the official website of a notice of the procurement or sending an invitation to participate in determination of the supplier (contractor, performer). The exceptions are the cases specified in paragraph 7 of the Specifics.

In accordance with clause 7 of the Specifics, in the case of procurement through a request for quotations in order to provide humanitarian assistance or eliminate the consequences of natural or man-made emergencies in accordance with Art. 82 of Law No. 44-FZ, amendments to the schedule posted on the official website are carried out on the day the request for quotations is sent to procurement participants, and in the case of procurement from a single supplier (contractor, performer), in accordance with clause 9 and 28 h. 1 art. 93 of Law No. 44-FZ, no later than one calendar day before the date of conclusion of the contract.

Procurement notification (for example, an electronic auction, open competition) can be posted by the customer on the official website no earlier than 10 calendar days from the date of making changes to the schedule posted on the official website.

From the foregoing, we can conclude that the placement by the customer on the official website of a notice of procurement earlier than 10 calendar days from the date of changes to the schedule posted on the official website will violate the provisions of the legislation of the Russian Federation on the contract system. This applies only to those purchases that have been amended in the schedule posted on the official website.

Consider the joint Order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated December 27, 2011 No. 761 / 20n "On approval of the procedure for placing on the official website of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of plans - schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers" (hereinafter - Order No. 761/20n).

According to clause 15 of the notes of Order No. 761 / 20n, changes to the schedules are carried out in the following cases:

Changes of more than 10% in the cost of goods, works, services planned for purchase, identified as a result of preparation for the placement of a specific order, as a result of which it is impossible to place an order for the supply of goods, performance of work, provision of services in accordance with the initial (maximum) price of the contract provided for schedule;

Changes in the planned terms for the acquisition of goods, works, services, the method of placing an order, the deadline for the execution of the contract;

Cancellation by the customer, the authorized body of the order placed by the schedule;

The resulting savings from the use of budgetary appropriations in the current financial year in accordance with the legislation of the Russian Federation;

In the event of circumstances that could not be foreseen at the date of approval of the schedule;

If issued to a customer, authorized body instructions of the federal executive body authorized to exercise control in the field of placing orders, the executive body of a constituent entity of the Russian Federation, the local self-government body to eliminate violations of the legislation of the Russian Federation on placing orders in accordance with the legislation of the Russian Federation, including the cancellation of auctions.

We also draw your attention to the fact that, in accordance with paragraph 16 of the notes of Order No. 761/20n, changes to the schedules in connection with the repeated procedures for placing orders are made only in terms of the timing and method of placing an order and executing the contract.

If the Customer held an electronic auction for which no applications were submitted and the auction was declared invalid, then during the repeated procedure, new dates for the electronic auction and new terms for the execution of the contract are entered into the schedule. These changes are entered into the line, which already contains information about the purchase, i.e. there is no need to create a new line for the repeated procedure in the schedule. And if, during the repeated procedure, the method of placing an order (the method of determining the supplier) changes, then new way vendor definitions fit in instead of the old one. For example, instead of the method of determining the supplier "electronic auction", "request for proposals" is indicated.

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 trading 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 legislators do 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 sole member auction and your application with its Annexes 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

Any failed procedure Procurement 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, publication on the site, tedious waiting 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 not a single one arrives at the cherished hour price offer. 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: possibly not mastered cash the customer decides to use it 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 drawn up correctly, 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 failed auction will still lead the customer to the conclusion of the 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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