What to do if the second auction is declared invalid. What should the customer do if the electronic auction was declared invalid

• Only 1 URZ applied (see above).

• Only 1 URZ was admitted to the UAEF. His application was recognized as appropriate, the rest were rejected.

• Several URZs were admitted, but none of the URZs made bids at the auction. In this case, the winner is the URZ who submitted his application before anyone else. A contract is signed with him.

• If the auction (UAEF) is declared invalid, then, depending on whether there is a participant admitted to it, the actions and documents to be drawn up are as follows.

• A protocol for recognizing an electronic auction (EAEF) as invalid is drawn up and posted on the site.

• This is a procedure that involves the execution and placement of a protocol on recognizing the auction (UAEF) as invalid.

• The reason for the recognition of the auction as invalid: only 1 participant was admitted and / or announced.

• Info that a state contract will be concluded with this participant. Contract.

• If there were other participants, but their applications were rejected, then the reasons for the rejection of applications are indicated.

• There is one member.

• Signing a contract with this member.

• There are no participants or applications.

• Repeat auction.

• Reordering an order.

• No applications.

• All applications (all URZ) are rejected.

• 1 participant allowed.

• There were no offers the course of the auction.

Repeat auction in electronic form.

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 is to match single application all 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 contract system allows for another procedure (for example, repeated auctions are often held);
• the item of re-purchase cannot be changed in comparison with the original one;
• re-schedule a new competitive procedure.

If the repeated auction did not take place - not a single application was submitted - what 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.

• 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!

• Tuesday, 27 January 2015 19:16
• Author Marat Rakhmatullin

• Posted in Q&A
• Read 20982 times
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We are a procurement participant. 2 applications were submitted (including one of ours), both applications correspond to the 1st and 2nd parts. The auction was declared invalid. Price offers We didn't serve, not the second participant. Since our application was filed first in time, we assume that the customer must send information about us to the CO for approval. Is it so?

Answer: In accordance with the provisions of Part 20 of Article 68 of 44-FZ, an electronic auction is recognized as failed due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a contract price offer. In accordance with Part 3 of Art. 71 44-FZ

3. In the event that the electronic auction is declared invalid on the grounds provided for by paragraph 20 of Article 68 of this federal law due to the fact that within ten minutes after the start of such an auction, none of its participants submitted an offer on the price of the contract:
1) operator electronic platform within one hour after the protocol specified in Part 20 of Article 68 of this Federal Law is posted on the electronic site, is obliged to send to the customer the specified protocol and the second parts of the applications for participation in such an auction filed by its participants, as well as the documents of the participants in such an auction, provided for in clauses 2 - 6 and 8 of Part 2 of Article 61 of this 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 accredited on an electronic site;
2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send notifications to the participants of such an auction;
3) the auction commission, within three working days from the date of receipt by the customer of the second parts of applications for participation in such an auction of its participants and documents specified in paragraph 1 of this part, considers the second parts of these applications and these documents for compliance with the requirements of this Federal Law and documentation about such an auction and sends to the operator of the electronic site the protocol of summing up the results of such an auction, signed by the members of the auction commission. The specified protocol must contain the following information:
a) a decision on the compliance of the participants in such an auction and the applications submitted by them for participation in it with the requirements of this Federal Law and documentation on such an auction or on the non-compliance of the participants in such an auction and these applications with the requirements of this Federal Law and (or) documentation on such an auction, with the rationale for this decision , including an indication of the provisions of the documentation of such an auction, which do not correspond to these applications, the content of these applications, which does not comply with the requirements of the documentation of such an auction;
b) the decision of each member of the auction commission on the compliance of the participants in such an auction and their applications for participation in such an auction with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and their applications with the requirements of this Federal Law and (or) documentation on such 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 submitted:
a) before other bids 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. Part 3 Art. 71 of the Federal Law of April 5, 2013 No. 44-FZ

Thus, you are a customer in accordance with paragraphs. and paragraph 4, part 3, art. 71 44-FZ is obliged to send information to the CO on the approval of the conclusion of a contract with you.
At the same time, according to the new edition of Part 25 of Art. 93 44-FZ and joint clarification of the Ministry of Economic Development and the FAS (), such coordination with the CO is not required. The legislator did not specify whether it is possible to conclude a contract without agreement with the CO only in the case provided for in paragraphs. b p.4 h. 3 art. 71, (i.e. sole supplier) or incl. and according to paragraphs. a (with the first applicant).

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

Consider this for different stages procedures.

All bases are collected in the table.

Competitive procedures

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

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

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

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

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

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

Electronic auction

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

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