Failed auction. Failed auction Federal law on the contract system 44 fz

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 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 others 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.

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 may enter into a contractual agreement with sole member.

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"

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As you know, 44 the federal law on Procurement provides for liability for non-compliance with its provisions, both by suppliers and state customers when conducting procurement in any of the forms indicated in the Law. In the table of fines under 44-FZ below, you will be able to determine exactly what liability is provided for violating a specific provision of the Federal Law.

The current legislation in the field of public procurement provides whole line procedures for competitive selection of suppliers. However, in certain cases, the use of non-competitive methods is also allowed.

The conclusion of an agreement (or contract) between the customer and the contractor carries the goal of thoroughly working out the conditions on which both parties will interact in the future. He, ideally, should provide for all conceivable scenarios for the development of events, up to the possibility of breaking this very agreement. Federal Law No. 44 of the Russian Federation "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" provides for three ways to terminate the contract.

According to the statutory procedure for conducting an electronic auction, the supplier sends the customer an application consisting of two parts to participate in it. The first part of the application contains the supplier's consent to fulfill the terms of the state contract in accordance with the notice and auction documentation, as well as a description of the goods, works, services. In the process of consideration of the first parts of applications, a list of participants admitted to participate in the auction is formed. After the end of the auction, the customer considers the second parts of the bids.

In accordance with Law No. 44-FZ, the supplier confirms its participation in the electronic auction for the conclusion of a government contract by sending an application to the customer. Application for participation in the auction is submitted in in electronic format and contains two parts, which are simultaneously sent to the operator of the electronic electronic trading platform.

Law No. 44-FZ establishes several various ways competitive identification of suppliers. One of the ways to search for contractors under government contracts under this law is a request for quotations.

One of the ways to search for contractors under government contracts under Law No. 44-FZ is a request for proposals. The customer has the right to carry out this procedure only in the established cases provided for by Part 2 of Article 83 of Law No. 44-FZ.

An electronic auction is undoubtedly the most popular competitive procedure among those carried out within the framework of the Federal Law of April 05, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. Her distinctive feature is the versatility that allows you to apply this method in almost any situation.

What is contract enforcement? Enforcement of the contract is one of the most important elements of cooperation between the customer and the supplier within the framework of the contract system, regulated by the provisions of the Federal Law No. 44-FZ. This is a kind of pledge or some kind of guarantee that the supplier will fulfill his part of the conditions in good faith, on time and in full.

One of the mechanisms that prevent unfair participation of suppliers in tenders and auctions for the supply of goods, performance of work and provision of services in accordance with the requirements of the law on the contract system No. 44-FZ is the provision of application security. The application for participation in the competition can be secured either by a guarantee issued by the bank or by the participant's funds, in electronic auction– only money of the participant.

Federal Law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, after 5 days it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Art. 1-15) The general provisions of this law are described, ie. in what area it is applied, basic concepts, principles of concluding contracts and beyond;
2. (Art. 16-23) This describes the rules for planning public procurement;
3. (Art. 24-96) Describes according to what rules public procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) it is one of the important components of the Federal Law 44 for dummies, the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part legislative act contains information on dispute resolution;
7. (Art. 108-111) Each article of this chapter is devoted to the specifics of concluding and executing a contract for certain types of public procurement;
8. (Art.-112-114) Final chapter contains the final information of Federal Law 44 for dummies.

The above heads of state authorities made changes on June 7, 2017. The legal force of Federal Law 44 for dummies came on June 18, 2017.

Basic moments

To participate in public procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in the legislation of Russia, so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activity of the supplier's company is not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier organization has no debt obligations for taxes and fees;
• a person acting as a potential supplier must not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for dummies, there is no conflict of interest when concluding a contract;
• the supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data are indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to find orders suitable for them in the search engine on the public procurement website, then take part in the auction;
• According to 44 FZ for dummies, when the customer chooses the most profitable option for himself, he concludes a contract with the supplier. On the basis of the contract, the parties fulfill their obligations.

The difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a restriction for dummies - public procurement is carried out only from one supplier.

Requirements for customers in both laws are different.

According to Federal Law 44 for teapots, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for teapots, the following can act as customers:

• enterprises where there is a state share of more than 50%;
• organizations engaged in certain types of activities - water supply, energy, etc.;
• monopoly organizations - gas, Russian Railways, etc.;
• budgetary organizations that carry out public procurement at the expense of extrabudgetary funds (for example, at the expense of grants).

Procurement under 44 FZ: where to start?

It is difficult to start the procedure of participation in public procurement. All the most important things you need to know from the 44 Federal Laws on public procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the rights of the organization to participate in the auction;
• prepare a package of documents for a product (service) that meets the requirements of the customer;
• develop a system of activities that are carried out before the conclusion of the contract;
• appoint responsible persons for carrying out activities.

To conclude a contract, it is necessary to take into account the terms established by Federal Law 44.

Download the text of the law

According to 44 FZ for dummies, public procurement is divided into:

• contests;
• auctions (electronic placement of orders);
• quotes;
• public procurement from sole supplier.

To become a supplier, you must study Federal Law 44 for dummies. You can download the Federal Law "On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs" .

Art. 3 reveals the term determination of the supplier (contractor, performer), as a set of actions, starting from the placement of a notice of purchase or an invitation and ending with the conclusion of a contract. That is, the law gives a complete definition of all stages of the procurement process and should be a reference book for all its parties.

The procurement procedure includes according to FZ-44:

• Posting Procurement Plans and Schedules
• Preparation, placement of procurement documentation
• Definition of a supplier (contractor, performer)
• Conclusion of a contract
• Acceptance of goods, works, services
• Posting reports

Cancellation of the definition of the supplier is possible no later than 5 days before the deadline for submitting applications for the tender and auction and no later than 2 days for requesting quotations.

Procurement planning according to 44-FZ

Chapter 2 consists of 8 articles (vv. 16-23). It regulates planning, justification, rationing, information about the NMTsK (initial maximum contract price), procurement identification.
According to 44-FZ, the state customer is obliged to plan purchases, place purchase plans and schedules. Thus, before the announcement of the purchase, you can plan participation and search for a tender, waiting for its publication by the customer.

Procurement plans under 44-FZ

Procurement plans should include:

1. Purchasing identification code
2. Purpose of the procurement
3. Name of objects of procurement
4. Funding volume
5. Deadlines, periodicity
6. Justification of the initial maximum price and the method of determining the supplier

Schedules according to 44-FZ

Schedules should include:

1. Identification code
2. Name and description of the procurement object
3. Indication of characteristics:
   • quantity of goods
   • scope of work or service
   • terms
   • periodicity
   • starting price
   • advance payment
   • payment stages
4. Additional requirements for participants and their rationale
5. The method of determining the supplier and its rationale
6. Purchase start date
7. Information about securing the participant's application and securing the execution of the contract

The schedule (PG) is developed for 1 year. Approved within 10 business days after the customer receives the volume of rights in monetary terms. The PG is placed in the UIS within 3 business days. Procurement not included in the schedules is prohibited.

Features of procurement planning within the framework of the state defense order (state defense order) are established by 275-FZ "On the state defense order".

Procurement under 44-FZ

Chapter 3 is more than half of the volume of 44-FZ, consists of 7 paragraphs, including 73 articles (Art. 24-96).

This is the most important section for suppliers. It defines the types of procurement, stages, deadlines, requirements, etc.

1 paragraph - general provisions of the third chapter. Consists of 24 articles and describes:

• ways to identify suppliers
• centralized procurement
• participation in the procurement of special subjects
• requirements for procurement participants under 44-FZ
• evaluation of applications
• application support forms
• concepts of contract service
• specialized and expert organizations

Methods for determining the supplier according to 44-FZ

2 paragraph - determination of suppliers through tenders and auctions. Covers 24 articles.

When determining a supplier, customers use competitive methods or purchases without bidding under 44-FZ (purchase from a single supplier).

Competitive methods for determining a supplier according to 44-FZ

1. Open competitions
   • Open competition
   • Limited Entry Competition
   • Two-stage competition
2. Closed contests
   • Closed competition
   • Closed competition with limited participation
   • Closed two-stage competition
3. Auctions
   • Electronic auction
   • Closed auction
4. Quote request
5. Request for proposals

Evaluation of applications under 44-FZ

The customer evaluates applications according to the following criteria

1. Operating costs
2. Characteristics
   • quality
   • Functional
   • Environmental
3. Qualification
   • Financial resources
   • Equipment and other material resources
   • Experience in the subject matter of the contract
   • Business reputation
   • Qualification of specialists

The customer is obliged to indicate in the documentation a list of criteria and their significance.

At the proposal preparation stage, it is possible to estimate how many points each evaluation criterion can bring.

There can be at least 2 criteria, one of which is the price. At the same time, for example, the significance of operating costs cannot be higher than the price.

The procedure for evaluating applications and the criteria are established by Government Decree No. 1085 “On Approval of the Rules for Evaluating Applications, Final Offers of Participants in the Procurement of Goods, Works, Services for State and Municipal Needs” dated November 28, 2013, the latest version of which was adopted in 2016.

The calculation formulas indicated in it for evaluating the application are far from clear to every customer and supplier.

Description of the object of purchase according to 44-FZ

When describing in the procurement documentation, the customer must be guided by the rules

1. Objective character of the description
2. Characteristics are indicated
   • Functional
   • Technical
   • quality
   • Operational
3. Requirements should not be included
   • Trademarks, service marks
   • brand names
   • Patents, utility models
   • industrial designs
   • Name of the place of origin of goods
   • Manufacturer's name
   • Requirements limiting the number of procurement participants

There are exceptions to these rules. It is possible to indicate trademarks if it is intended to use goods, the supply of which is not the subject of the contract.

However, the description must include the word "or equivalent", except in the case of incompatibility of goods or the purchase of spare parts and consumables.

When describing the procurement object, the customer may include

• Specifications
• Plans, drawings, sketches
• Photos
• Results of work, testing
• Test requirements and methods
• Requirements for packaging, marking, labels
• Confirmation of compliance of processes and production methods with technical regulations, standards and conditions
• Conventions and terminology

All items must be new, not used, repaired or not restored, unless it is expressly provided for by the documentation.

If necessary, the customer can set requirements

1. To the warranty period
2. Scope of guarantees
3. Warranty Service
4. To the cost of operating the goods
5. Mandatory installation and commissioning
6. To the training of persons using and servicing the product

Any participant has the right to send a request for clarification on 44-FZ to the customer. The deadline for responding to a request for clarification of the provisions of the documentation is two days.

Contract service under 44-FZ

The contract service is needed for planning and implementation by the customer of the procurement of goods, works, services to meet state or municipal needs.

The customer under 44-FZ is obliged to create a contract service if the volume of purchases under 44-FZ exceeds 100 million rubles a year.

If the volume of purchases is less than 100 million, the customer has the right to create a contract service or appoint a responsible person - a contract manager.

The contract service operates on the basis of a model provision (regulation) approved by order of the Ministry of Economic Development of October 29, 2013 N 631 (as amended on October 24, 2016).

The number of contract service - at least two people. It is not necessary to create a structural unit, it is enough to approve the permanent composition of employees performing the functions of a contract service and appoint a manager.

Requirements for the qualification of a contract manager or employees of a contract service - higher education or additional professional education in the field of procurement.

Basic Functions and the powers of the contract service are diverse and follow from 44-FZ. In order to fulfill them, contract service employees should not disclose information, enter into negotiations with procurement participants, and may involve expert organizations in their work.

Other powers of the contract service:

• Consultations with suppliers, contractors, contractors to determine competitive environment, the best technologies and solutions to ensure public procurement
• Mandatory public discussion of the procurement of goods, works, services
• Approval of requirements for purchased goods, works, services
• Participation in the consideration of cases on appealing the actions or inaction of the customer to the Federal Antimonopoly Service, claim work
• Development of draft customer contracts
• Verification of bank guarantees of the supplier, contractor, performer
• Return organization Money as bid security or contract security

Expert organization for 44-FZ

The customer engages experts and expert organizations under 44-FZ to perform functions, for example, for the acceptance of goods, works, services.

Expertise under 44-FZ cannot be carried out:

• Individuals
• Officials or employees of the customer (acting or who have been in the past two years)
• Persons having property interests under this contract
• Close relatives of the head of the customer, members of the contract service, the procurement commission
• Officials or employees of the contractor, supplier, performer
• Legal entities in which the customer or supplier under the contract has a share of 25% or more
• Individuals or legal entities that may be directly or indirectly influenced by the supplier or customer

Contract according to 44-FZ

Several articles are devoted to the terms of the contract, the procedure for its conclusion, changes and termination in 44-FZ. Art. 34 sets general principles. The contract (agreement) is concluded on the terms stipulated by the notice, invitation, documentation, application and the final offer of the participant.

The term for concluding a contract under 44-FZ is on average 10 to 20 days from the date of publication of the protocol. At the same time, the supplier submits a security for the performance of the contract under 44-FZ. The most popular way is a bank guarantee to enforce the contract.

An increase in the price of the contract is possible at the initiative of the customer by no more than 10%, if the quantity of goods supplied increases. The procedure for concluding a contract is described separately for each type of supplier determination.

Tenders under 44-FZ

Federal Law 44-FZ on the contract system does not use the concept of "tender", which is widely used among suppliers and in the business environment.

The tender is synonymous with the definition of a supplier on a competitive basis, which is referred to in the legislation as “purchase”. 44-FZ, suppliers are sometimes called auction law or the federal law on tenders and auctions.

Analysis of tenders under 44-FZ is a necessary step before making a decision to participate in the procurement. Examine the notice, documentation, terms of reference, draft contract. To participate in tenders under 44-FZ, you will need to submit an application security.

Open tender under 44-FZ

Art. 48-55 define the conditions for holding an open tender (Article 48), documentation requirements, the procedure for submitting, considering applications, concluding a contract. Participation in open competition represents a major challenge for suppliers. The customer evaluates bids according to a variety of criteria (Article 53).

An application for participation in an open tender under 44-FZ is submitted in paper form in a sealed envelope.

Applications can contain thousands of pages, weigh tens of kilograms, and take several weeks to prepare. Most often, it is the competition that is called a tender.

Electronic auction under 44-FZ

In an electronic auction, the supplier who offers the lowest contract price wins.

Bidding under 44-FZ goes down from the initial price per auction step.

Art. 59-71 regulate the holding of an electronic auction (Art. 59), starting from accreditation on electronic platforms (Art. 61) to the conclusion of a contract.

The law does not provide a list of electronic trading platforms where electronic auctions are held, so suppliers will have to independently understand the nuances of accreditation and submitting an application for an auction, which consists of 2 parts. If the participant was rejected under the second part of the application 44-FZ, re-read the list of documents (clause 5, article 66).

The customer cannot arbitrarily decide which goods, works or services he will purchase at the auction and which not.

He is obliged to conduct purchases in the form of an auction, according to the list of goods, works, services, in the event of the purchase of which the customer is obliged to conduct an auction in electronic form(electronic auction), approved by the order of the Government of the Russian Federation.

Request for quotations under 44-FZ

Articles 72-79 describe the determination of a supplier by means of a request for quotation (Article 72). The requirements for conducting a request for quotations (Article 73), the procedure for conducting (Article 74), filing, consideration and evaluation of applications (Article 78) are established.

Request for quotations is the most accessible format for participation in public procurement. To prepare a quotation order under 44-FZ, an EDS is not required for electronic trading

Applications are submitted in paper form in envelopes and are certified in the traditional way with the signature of an authorized person and the seal of the organization.

4-7 paragraphs 44-FZ contain a total of 14 articles. They establish the definition of a supplier by conducting a request for proposals, closed ways identifying suppliers, purchasing from a single supplier and the specifics of executing, modifying, terminating and securing a contract.

Request for proposals for 44-FZ

The sixth and seventh chapters include 8 articles and contain the procedure for appealing against violations of the law and the specifics of the implementation certain types procurement, such as energy service contracts and state defense orders.

The eighth chapter of the 44-FZ consists of 3 articles and contains the final provisions and the procedure for the entry into force of certain articles of the law, which, as mentioned above, come into force sequentially for 3 years, starting on January 1, 2014, ending on January 1, 2017 of the year.

Help on 44-FZ

If you experience difficulties with the application of 44-FZ or do not yet own the provisions of this law, you can contact our specialists.

1. If an electronic auction is declared invalid on the grounds provided for by Part 16 of Article 66 of this Federal Law due to the fact that 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:

1) operator electronic platform no later than the working day following the deadline for filing applications for participation in such an auction, sends to the customer both parts of this application, as well as information and electronic documents provided for by Part 11 of Article 24.1 of this Federal Law;

paragraph 1 of this part, is obliged to send a notification to the participant of such an auction who 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. The specified protocol must contain the following information:

A) a decision on the conformity of the participant of such an auction, who submitted a single application for participation in such an auction, and the application submitted by him to 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 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 this Federal Law and (or) documentation on such an auction, which do not correspond to a single application for participation in such an auction;

B) the decision of each member of the auction commission on the compliance of the participant in such an auction and the application submitted by him with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of the specified participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and (or) documentation on such an auction; auction;

4) a contract is concluded with a participant in such an auction that has submitted a single application for participation in it, if this participant and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation for such an auction, in accordance with clause 25.1 of Part 1 of Article 93 of this Federal Law in accordance with the procedure established by Article 83.2 of this Federal Law.

2. If the electronic auction is declared invalid on the grounds provided for by Part 8 of Article 67 of this Federal Law due to the fact that the auction commission has decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant:

part 6 of article 67 of this Federal Law, is obliged to send to the customer the second part of the application for participation in such an auction, filed by this participant, as well as information and electronic documents of this participant, provided for by part 11 of article 24.1 of this Federal Law;

2) the operator of the electronic site, within the period specified in clause 1 of this part, is obliged to send a notification to the sole participant of 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. The specified protocol must contain the following information:

A) a decision 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 this application with the requirements of this Federal Law and (or) documentation on such an auction, with the rationale for this decision , including indicating the provisions of this Federal Law and (or) documentation of such an auction, which this application does not comply with;

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;

4) a contract with a single participant in such an auction, if this participant and the application submitted by him for participation in such an auction are recognized as complying with the requirements of this Federal Law and documentation on such an auction, is concluded in accordance with Clause 25.1 of Part 1 of Article 93 of this Federal Law in the manner established Article 83.2 of this Federal Law.

3. In the event that an electronic auction is declared invalid on the grounds provided for by Part 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 contract price:

1) the operator of an electronic site, within one hour after the posting on the electronic site of the protocol specified in Part 20 of Article 68 of this Federal Law, is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, as well as information and electronic documents of participants in such an auction, provided for by Part 11 of Article 24.1 of this Federal Law;

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 25.1 of Part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law, with a participant in such an auction, an application for participation in which is submitted:

A) earlier than 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.

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 submitted the said bid is concluded in accordance with Clause 25.1 of Part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.

4. If an electronic auction is recognized as not having taken place on the grounds provided for by Part 16 of Article 66, Part 8 of Article 67 and Part 13 of Article 69 of this Federal Law due to the fact that by the end of the deadline for filing applications for participation in such an auction no not a single application for participation in it or, based on the results of consideration of the first parts of applications for participation in such an auction, the auction commission decided to refuse admission to participation in it of all its participants who submitted applications for participation in such an auction, as well as 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 non-compliance with the requirements established by the documentation for an electronic auction, all the second parts of applications for participation in it, or on the grounds provided for by Part 15 of Article 83.2 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and has the right to make a purchase by conducting a request for proposals in electronic form in accordance with Clause 5 of Part 2 of Article 83.1 of this Federal Law (in this case, the object of procurement cannot be changed) or a new purchase in in accordance with this Federal Law.

Judicial practice under article 71 of the Federal Law of 04/05/2013 No. 44-FZ

Decision dated October 29, 2018 in case No. А59-2996/2017

Arbitration Court of the Sakhalin Region (AC of the Sakhalin Region)

The procurement participant who offered the lowest contract price is recognized. Order of conduct open auction in electronic form and the conclusion of a contract based on the results of its implementation is established in Articles 59-71 of Federal Law No. 44-FZ. According to Part 1 of Article 70 of Federal Law No. 44-FZ, based on the results of an electronic auction, a contract is concluded with the winner of such an auction, and in cases provided for ...

Decision dated October 24, 2018 in case No. А53-25799/2018

Arbitration court Rostov region(AS of the Rostov region)

Contractor, contractor) in accordance with the provisions of Article 84 of Law No. 44-FZ. Meanwhile, the electronic auction No. 0858100000117000364 was carried out by the customer in an open form according to the rules of Articles 59-71 of Law No. 44-FZ. According to part 4 of article 94 of Law No. 44-FZ, the results of a separate stage of contract execution, information about the delivered goods, work performed or about the service provided (for ...

Decision dated October 22, 2018 in case No. А20-3923/2018

Arbitration Court of the Kabardino-Balkarian Republic (CA of the Kabardino-Balkarian Republic)

Or municipality, and budget institution or otherwise legal entity(parts 1, 4 and 5 of article 15). The procedure for conducting an electronic auction is regulated by Articles 59-71 of Law No. 44-FZ. By virtue of Part 1 of Article 65 of the Arbitration Procedure Code of the Russian Federation, each person participating in the case must prove the circumstances to which he refers as the basis of his ...

Decision dated October 18, 2018 in case No. А10-2072/2018

Arbitration Court of the Republic of Buryatia (AC of the Republic of Buryatia)

10 of the protocol dated March 14, 2018, it was determined that, based on the consideration of a single application for participation in an electronic auction and in accordance with Part 1 of Article 71 of Federal Law No. 44-FZ dated April 5, 2013, the contract is concluded with a single participant - YUS-Group LLC. 03/30/2018 by the administration of the municipality, the urban settlement "city of Zakamensk" (customer) ...