Auction 44 FZ Application Submitted One Member. The auction did not take place

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

• Published in question-answer
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• El. post office

We are a procurement participant. Fold 2 applications (including our one) Both applications correspond to the 1st and 2nd part. The auction is recognized as invalid. Price proposals have not served not we are not the second participant. Since our application is filed first in time, we assume that the Customer must send to approval to information about us. Is it so?

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

3. In the event that the electronic auction was recognized as not based on the basis provided for in paragraph 20 of Article 68 of this Federal Law due to the fact that within ten minutes after the start of such auction, none of its participants filed a proposal to the price of the contract:
1) The electronic platform operator for one hour after placement on the electronic platform of the protocol specified in paragraph 20 of Article 68 of this Federal Law, is obliged to send the current protocol and the second part of the applications for participation in such auction submitted by its participants, as well as documents of participants auction provided for in paragraphs 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 submitting applications for participation in such auction in the register of participants of such auction that received accreditation at the electronic platform;
2) the electronic platform operator during the period specified in paragraph 1 of this part is obliged to send notifications to the participants of such 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 auction of its participants and the documents specified in paragraph 1 of this Part, considers the second parts of these applications and the specified documents for compliance with the requirements of this Federal Law and Documentation About such auction and directs the operator of the electronic platform the protocol of summing up such auction signed by members of the Auction Commission. The protocol must contain the following information:
a) a decision on the conformity of the participants of such auction and filed applications to participate in it by the requirements of this Federal Law and the documentation on such auction or the discrepancy between the participants of such auction and these applications to the requirements of this Federal Law and (or) documentation on such auction with the substantiation of this decision , among other things, indicating the provisions of the documentation on such auction that the application data does not correspond to the content of these applications that does not meet the requirements of the documentation on such auction;
b) the decision of each member of the auction commission on the configuration of such auction and filed applications to participate in such auction to the requirements of this Federal Law and the documentation on such auction or the discrepancy between the participants of such auction and the requirements of this Federal Law and (or) documentation on such auction;
4) The contract is concluded in accordance with paragraph 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 of such auction, an application for participation in which is filed:
a) earlier than other applications for participation in such auction, if several participants in such auction and the applications submitted by them are recognized by the relevant requirements of this Federal Law and the documentation on this auction;
b) the only participant in such auction, if only one participant of such auction and the application submitted to them is recognized as relevant to the requirements of this Federal Law and the documentation on such auction. Part 3 of Art. 71 of the Federal Law of 04/05/2013 No. 44-FZ

Thus, you are customer according to PP. and p. 4 h. 3 of Art. 71 44-FZ is obliged to send information to the coordination of the conclusion of the contract with you.
At the same time, according to the new edition of Part 25 of Art. 93 44-FZ and joint explanation of the mayor and the FAS (), such coordination is not required. The legislator did not specify whether to conclude a contract without coordination with only in the case provided for by paragraphs. B p.4 h. 3 tbsp. 71, (i.e., the only supplier) or incl. And according to PP. A (with the first submitted an application for participation).

In the event that one application was submitted to participate in the auction to 44-FZ, this auction is recognized as invalid (clause 16 of Article 66 Law No. 44-FZ). Read what to do to the contract manager and whether the Customer can conclude a contract with the only supplier.

To properly make an application for participation in an electronic auction, a potential participant, before applying, studies documentation and assesses its capabilities. After the application time expires, the auction is recognized as invalid if an electronic auction submitted a single application for 44-ФЗ. Even under such circumstances, the only supplier remains the possibility that the customer will make a contract with him.

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If the only 44-FZ application is filed

As an application for participation in the electronic auction, to make up 44-ФЗ

For the only auction participant to become a winner and conclude a contract, it is necessary to competently compile a request. It is important to remember that the application consists of two parts, both of which must comply with the requirements of the law and documentation. Law No. 44-FZ contains in Art. 66 Full list of requirements for both applications.

The first part of the application includes:

• the consent of the participant with the conditions specified in the documentation on the auction and not subject to change;
• the country of origin of the goods, in case of establishing the customer in the documentation of the relevant conditions;
• specific characteristics of goods and indication of a trademark. An indication of the trademark is included when the documentation does not indicate it or when the trademark of the participant's goods is different from the sign specified by the customer;
• you can enable, sketches drawings, drawings, any product images.

How to consider the first part of applications for participation in an electronic auction,

The second part of the application includes:

• name, location (legal entities), postal address of the member of the auction, Full name, Passport details, place of residence (individualitsa), TIN, Contact number, extract from EGRN;
• documents confirming that the auction participant complies with the requirements of the procurement;
• copies of documents confirming that the goods meet the requirements of the legislation of the Russian Federation. The provision of such documents should be provided for by the auction documentation;
• copy or original solution about a major transaction. Provided if the transaction is subject to large, or if, for the participant, the concluded contract or the amount of application will be large;
• copies or originals of documents that give advantage The auction participant under Art. 28 and 29 of the Law No. 44-FZ, if the participant claims such advantages;
• documents, copies or originals confirming the country of origin of the goods, which is reflected in Art. 14 of the law. Such documents refers, for example, a certificate or a declaration of compliance of the goods;
• declaration of accessories to the SMP or Sono, is provided if the customer has established a restriction in the auction documentation.

How to consider the first part of applications for participation in an electronic auction and how to draw up a final protocol,

In the event that one application has been submitted to participate in the auction, it is recognized as invalid. At the same time, the ability to conclude a contract remains if both part of the application of the only participant do not contradict 44-FZ and the electronic auction documentation. The participant should not relax in the situation when his application turned out to be the only one. The Auction Commission will check for the fact of compliance every item of the application. The participant, at the stage of preparation of the application, you need to be attentive, including to the trifles.

More answers to questions about purchases you will find in the new issue of the magazine "Gospaz in questions and answers"

Nested files

• Protocol reviewing the only application for participation in electronic auction.docx

The request for quotations is filed only 1 application. How to conclude a contract with a participant - the author who filed a single application for request quotes, and in what time frames, find out from our material.

1 application was submitted to request quotes

The request for quotations is one of the competitive methods for determining the Supplier in the framework of the implementation of public procurement on 44-ФЗ. The request for quotations is a fairly popular procedure, as it allows you to quickly find a contractor under the contract, spending on this minimum of material and time resources. The request for quotations is carried out without the implementation of tender selection and is possible only for contracts worth not more than 500 thousand rubles.

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The quotation request is a convenient procedure for both customers and performers, however, and difficulties are not excluded. Many customers face difficulties when, when a request for quotations, only 1 application was filed for the competition. Do I need to enter into a contract with a participant who submitted a single application, or is it necessary to recognize the tender failed? The law 44-FZ contains a clear mechanism for the Customer in case, when requesting quotes was filed only 1 application.

Lack of applications or only requests in the quotation request

In both cases (a single application received or only 1 application complies with the requirements) before starting a contract for concluding a contract with a single supplier, a tender must be recognized ().

Important

The coordination of the contract with the only provider on the results of the failed request for quotations is not required. After recognizing the tender, the farewell can be proceeded to the procedure for concluding a contract in a specified time limit without obtaining permission from the controlling authority.

The procedure for concluding a contract with the author of the only application

Conclusion of a contract with a participant who applied, relevant to the requirements, under the procedure for working with the only supplier is the duty of the customer. This means that the customer has no right to refuse the author of the only application in concluding a state contract.

The procedure for the Customer's actions, if a single application is submitted to the request of quotations:

1. Collection of applications (including a period of possible extension of the tender period);
2. Checking the only application of the quotation commission;
3. Drawing up a protocol for checking and place it in a unified information system;

The contract under Article 93 of the Law 44-FZ should be concluded on time:

• not earlier than 7 days after placement in the Unified Information System of the Protocol Review Request for Quotes
• no later than 20 days Since the signing of the protocol.

The law provides for the customer the opportunity to cancel the quotation request procedure, but this cannot be done if it has already decided to admit one or more applications. In the case when the Customer is trying to escape the conclusion of the contract, the potential supplier may contact the Federal Antimonopoly Service or the Court to recognize the Customer's actions illegal.

The most relevant news and explanations of experts on acute themes in the field of state procurement in the magazine "Goszakupki.ru"

During electronic trading - auction, according to legislation, may not take place. The conditions for recognizing it are regulated by Articles 66-69 of the Law 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services ...". This norm of the law describes the procedures applied procedures on the electronic platform.

In particular, the recognition of the auction failed allows you to sign a contract with one member or to carry out trading in another form.

It is about the fact that when closing tenders without applications, the state enterprise gets the opportunity to conduct a selection of the supplier by the method of requesting proposals. Consider the most typical scenarios of failed trading.

The only application is the procedure

Laws on electronic bidding FZ-44 and FZ-223 are constantly complemented and coordinated with other regulatory acts. In 2014, additional edits were adopted in №498-ФЗ and in Art. 25 No. 44-ФЗ within which the question of the conditions of the failed bargaining is considered in more detail.

The bases are determined by Art. 71, parts 1-3.1 №44-ФЗ.

Provided that there was a single application for participation in the auction in the work of the site, it is considered to be won.

The key feature of the recognition of the auction failed for this reason is to admit only one participant in it. The customer may conclude a contract agreement with the only participant.

Conditions should be taken into account in which the contract can be signed. This is possible only with that member (Art. 70 FZ-44), whose application fully complies with the requirements. Consider that consideration of the only application is possible if within 10 minutes after the start of the traded supplier, a cost of value was submitted (Art. 68 FZ-44, part 20). At a minimum, it should be 0.5% lower than NMCC.

If the auction did not take place and no application complies with the requirements, the customer may purchase a method for a request for proposals.

The auction is recognized as invalid - not a single application

If, taking into account the requirements of 44 ФЗ, not a single application was recorded, then the auction was found to be invalid. This entails in most cases a re-tender regulated by the articles of the Federal Law. Also, this is true if the participants did not conclude a contract for the execution of the order for this procurement.

So, the tender is recognized as invalid if:

submitted one application;

lack of applications;

registered applications are filed with violations and cannot be adopted by the Commission;

in cases where there was no offer at the prescribed time.

Failed auction - consequences

As we wrote above, depending on the reasons for the recognition of the failed bargaining Customer may conclude a contract with a single supplier or to hold a new tender in the form of a request for proposals or otherwise established by law.

Repeated trading

Repeated bargaining is also carried out on the basis of FZ-44. Currently, the State Transportation is entitled to choose a counterparty only by the method of requesting proposals, but soon new amendments are expected to be required. coordination.

To apply for participation in bidding without violations and relevant customer requirements, it is best to contact the specialists. Rusdender has already has a significant experience in this direction, so qualitatively and in a short time will be able to prepare all the necessary documents and transfer them to the site to participate in the auction.

Ltd ICR"RUSENDDER"

Material is the property site. Any use of an article without an indication of the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation

1. The Customer concludes a contract with the only supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Article 93 of this Federal Law in cases if the request for quotations is recognized as not carried out on the grounds provided for:

1) Part 6 of Article 77 of this Federal Law due to the fact that at the end of the deadline for submitting applications for participation in the request for quotations, only one application was filed. At the same time, such an application is recognized as relevant to the requirements of this Federal Law and the requirements specified in the notice of the request for quotations;

2) Part 9 of Article 78 of this Federal Law due to the fact that, according to the results of consideration of applications for participation in the request for quotations, only one such application is recognized as relevant to the requirements of this Federal Law and the requirements specified in the notice of the request for quotations.

2. If the request for quotations was recognized as not held on the basis of paragraph 9 of Article 78 of this Federal Law due to the fact that the quotation commission was rejected all submitted applications for participation in the request for quotations, the Customer extends the deadline for submitting applications for participation in quotations for four workers For one working day, after the date of the deadline for submitting such applications, places the notice of extending such applications in the Unified Information System. At the same time, the Customer is obliged to send a request for applying for participation in the request for quotations at least three to its participants who can deliver the necessary goods, fulfilling the work or provision of services.

3. In case, after the deadline for submission of applications for participation in the request for quotations specified in the notice of extending such applications, only one such an application was filed and it was recognized as relevant to the requirements of this Federal Law and the requirements specified in the notice of the request Quotes, the customer concludes a contract with the only supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Article 93 of this Federal Law.

4. In case, after the deadline for submission of applications for participation in the request for quotations specified in the notice of extending the deadline for submitting such applications, not a single application is not submitted, the Customer makes changes to the schedule (if necessary also in the procurement plan) And again carries out purchasing.