What to do if no bids have been submitted to the auction. The customer held an electronic auction for which no bids were submitted and the auction was declared invalid

• Only 1 URZ has applied (see above).

• Only 1 URZ was admitted to the UAEF. His application was deemed compliant, the rest were rejected.

• Several URZs were admitted, but none of the URZ made any offers at the auction. In this case, the winner is the URZ that submitted its application before everyone else. A contract is concluded with him.

• If the auction (OAEF) 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.

• The protocol of declaring the electronic auction (OAEF) invalid is drawn up and posted on the site.

• This is a procedure that implies the execution and placement of a protocol on the recognition of the auction (OAEF) invalid.

• The reason for declaring the auction invalid: only 1 participant was admitted and / or declared.

• Information that the state will be concluded with this participant. the contract.

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

• There is one participant.

• Conclusion of a contract with this participant.

• There are no members or applications.

• Repeated auction.

• Re-ordering.

• Lack of applications.

• All applications (all URZ) were rejected.

• 1 participant is admitted.

• There were no offers the course of the bidding.

Re-auction in electronic form.

Failed, invalid and canceled purchases are different things.

Status failed purchase means that there was no competition, bidding between suppliers. But based on the results of such a purchase, the customer can conclude a contract with a single supplier.

Invalid tenders are recognized when the customer has violated the laws (44-FZ, 223-FZ) or the norms of the Civil Code. If the auction is declared invalid after the winner has been determined, the contract with him will be terminated.

Cancel purchase at any stage, the customer himself can, for his own reasons or by order of the supervisory authority.

For example, in 2015, every third competitive procurement was declared invalid:

In what cases will the purchases be declared invalid?

1.Under 44-FZ

Let's see how this works for the three most popular types of competitive procurement:

For the competition

• No applications have been submitted;
• All applications were rejected by the commission;
• The winner avoided signing, and the second participant refused to conclude a contract (he has the right to do so, there will be no sanctions);
• As a result of prequalification, all participants did not meet the requirements;
• Only 1 application has been submitted;
• Only 1 application meets the requirements of the documentation;
• As a result of the prequalification selection, only 1 participant met the requirements.

For auction

• No applications have been submitted;
• After consideration of the first parts, all participants were denied admission;
• After consideration of the second parts, all applications do not meet the requirements;
• Only 1 application has been submitted;
• After consideration of the first parts, only 1 application meets the requirements of the documentation;
• Within ten minutes after the start of the auction, not a single contract price proposal was submitted;
• As a result of consideration of the second parts, only 1 application meets the requirements of the documentation;
• The winner avoided signing the contract, and the second refused to sign the contract (he has the right to do so, there will be no sanctions).

To request quotes

• No applications have been submitted;
• All applications were rejected by the commission;
• Only 1 application has been submitted;
• Only 1 entry qualifies.

2. Under 223-FZ

All cases when the purchase is declared invalid must be provided for and described in the procurement regulation. The law does not regulate the actions of customers if the purchase did not take place, and in the Civil Code the concept of “failed purchase” is given only for tenders and auctions and only if one supplier participated in them.

Many customers under 223-FZ use the provisions of 44-FZ as an example, but make the conditions more flexible. Suppliers traditionally have to rely on procurement regulations, the Civil Code and competition law.

What will the customer do if the procedure does not take place?

If there was no qualified supplier

First of all, the customer makes changes to his schedule. 10 days after that, he has the right to declare:

• Repeated tender or request for proposals, if the purchase was carried out in the form of a tender;
• Request for proposals or other procedure if the auction did not take place;
• New request for proposals after a failed request for proposals.
• A new quote after a failed quote request.

To request quotations and electronic tenders, the deadline for submitting applications must be extended: by 4 and 10 days, respectively. If there are no offers again, the customer will make changes to the schedule and make a new purchase in the above way.

If there is only one participant who meets the requirements

The customer must:

1. If an electronic auction or request for quotations was carried out, conclude a contract with a supplier whose application meets the requirements;
2. If there was a tender or request for proposals - coordinate the purchase from a single supplier with the controlling body;
3. If the purchase is agreed, conclude a contract.
4. Involve external experts in the acceptance of goods or work under a contract concluded in accordance with paragraphs 25.1-25.3 h. 1 of Art. 93 44-FZ. If you become the winner of such a purchase, be careful and comply with all the terms of the contract. The external commission can find fault with the little things that the customer may not pay attention to in order to quickly accept the desired product.

What should the supplier do?

If you are the only participant in the purchase or only your purchase meets the requirements, then after its completion:

• If it was an auction, you are required to sign the contract on time, even if you did not submit a quotation. For example, how.
• If you participated in a tender or request for proposals, first wait until the customer coordinates the purchase from a single supplier with the supervisory authority. The customer himself sends an application for approval to the Federal Antimonopoly Service and in 10 days will notify you of the decision.
• No approval is required in quotes. The customer will conclude a contract at the price specified in your application.
• The results of the auction also do not need to be coordinated. If none of the admitted participants has submitted price offer during electronic trading, the contract will be awarded at the maximum price. If you turned out to be the only supplier whose 2nd part of the application met the requirements, the contract will be concluded at the price to which you have decreased.

The only supplier-winner is obliged to sign the contract on time, otherwise it will be included in the register of unscrupulous suppliers. For example, how it happened in this purchase.

In procurement under 223-FZ, the customer's actions are determined by his procurement regulations.

conclusions

Customize your search so you don't miss purchases

Constantly look for purchases in your area. Then you will not miss anything interesting, you will have time to prepare and apply.

Sometimes the customer deliberately hides the purchase so that only one supplier knows about it, which becomes the winner. We wrote about how to bypass the tricks of the customers. In some cases, searching through the documentation will help you find the hidden purchase.

Keep track of all purchases in which you participate

If you have applied for participation, keep an eye on what happens in the procedure. For example, in Contour.Purchases, you can add a purchase to your favorites. This will help you not to miss changes in it and the results.

Don't miss the deadline for signing the contract

If you become the only supplier, you will be able to conclude a contract at the maximum price.

With the help of an electronic auction, the customer determines the supplier (performer, contractor). Auction trades are held on a special electronic trading platform(ETP), the winner of which is the one who offers the lowest price.

State institutions are obliged to conduct electronic auctions, if necessary, to purchase goods, works or services that, according to the order of the Government of the Russian Federation No. 2019-r dated October 31, 2015, are included in the List.

Cases of recognition of the auction invalid
The current legislation identifies 4 cases in which an electronic auction is considered invalid:

1. When applying for a tender single application or lack thereof.
2. After considering the applications, the tender committee decided to admit one participant to the auction or rejected all applications.
3. After the start of the auction, within 10 minutes, not a single proposal was submitted regarding the contract price.
4. Neither the winner of the auction nor the second participant confirmed their desire to conclude an agreement with the customer after the end of the auction.

In the first 2 cases, the customer has the right to conclude a contract with the person who submitted the bid for the auction (if it meets the requirements). At the same time, the contract price cannot exceed the one originally announced by the customer.

If situation No. 3 arises, the contract can be concluded after its approval by the control body. The counterparty in this case may be the auction participant who submitted the application earlier than the others, or the only participant if his application meets the established requirements.

In the fourth situation, or if the sole participant does not want to conclude a contract, the customer must make changes to the schedule of his purchases and carry out the purchase by another procurement method - in the form of a request for proposals or in another way.

If the customer, after the failed auction, decided to conclude a contract with a single supplier, then he has no right to amend the contract (according to the law on the contractual public procurement system).

The procedure for concluding a contract with a single supplier
In case of a failed electronic auction, the customer can conclude an agreement with a single supplier only after the consent of the body authorized to control the procurement sphere.

Article 70, part 2 of the Law FZ-44, establishes that the customer, within 5 days after posting the protocol on the results of the auction in the unified information system (EIS), must publish the draft state contract without his signature. The contractor signs this project within 5 days, starting from the date of the project placement.

Uncertainty in the interpretation of norms
It remains unclear in what order a state customer should sign a contract with a single supplier. If we turn to the letter of the Ministry of Economic Development of the Russian Federation No. D28i-1616 dated 08/19/2014, then we will see in paragraph 8 of the letter the following: the state customer must initially agree on the signing of a contract with the controlling body and only then begin the procedure for concluding it with the counterparty. Otherwise, the executor (contractor) may be misled when a government contract is sent to him, which has not yet been approved by the control body. This can lead to premature financial costs for the contractor, which will be allocated to ensure the execution of the contract. Also, the customer may be fined for such actions.

Coordination of the conclusion of a state contract
In order for the supervisory authority to consider the possibility of concluding a state contract with a single contractor, the customer must send him a corresponding appeal.

When considering an appeal, the authorized control body must be guided by the Procedure, which was approved in the order of the Ministry of Economic Development of the Russian Federation No. 537 of 13.09.2013.

To minimize the risk of refusal to sign a contract with a single supplier, it is advisable to perform the following preliminary steps:

• submit a request sole participant a failed auction for confirmation of concluding a contract on the conditions specified in the public procurement documentation at a price not higher than the one originally announced at the auction;
• prepare a justification in writing that the selected supplier fully complies with the requirements of 44-FZ legislation and the auction documentation.

In case of violation of the terms or procedure for sending documents or information to the procurement control body to agree on the desire to conclude a contract with the only supplier, the official may be fined 50 thousand rubles.

• On the procedure for holding auctions for bankruptcy
• Stages of sale of debtors' property.
• If the auction did not take place
• If the property could not be sold
• Conclusion

V 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. Moreover, if the property is sold, then all parties usually benefit from this. The buyer receives bargain purchase at an attractive price, a bankrupt organization has at least some opportunity to stabilize its position, and the organizers of the auction deserve a legal commission.

But what about the situation if the debtor's property could not be sold? Who is in charge further destiny 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 property values ​​of the debtor cannot be realized. Therefore, it is necessary to refer to the order and timing of bidding.

On the procedure for holding auctions for bankruptcy

Debtor's property (land plots, real estate, cars securities) is implemented within two months from the moment when the object moved to organizers of tenders... At the same time, the organizers undertake to conduct a kind of advertising campaign for the lot, that is, to place advertisements in the media and the Internet. Thus, it attracts large quantity potential buyers, and therefore indirectly increases the activity of the future struggle at the event and the likelihood of a better sale increases.

It is noteworthy that not every organization can deal with the sale of the debtor's property.

Modern legislation establishes some criteria that must be met by a firm organizing an auction:

• positive experience in this activity;
• good reputation;
• the possibility of self-assessment of property objects of various categories;
• highly skilled workers;
• Availability financial resources to secure obligations for the sale of the debtor's property.

There is a certain order of actions at the auction. 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 bidding;
2. re-bidding;
3. bidding on a public offer.

Each subsequent stage occurs if the previous one did not take place. Note that re-bidding, as well as bidding through public offering are characterized by a reduction in price and are the most beneficial for the buyer. The sale at the primary auction is more beneficial for the debtor.

But still the object will have the lowest price on the public offer. For buyers, this is a gold mine, where property values ​​are sometimes sold at prices 10 times lower than market prices.

Stages of sale of debtors' property.

If the auction did not take place

To get to the main question, it is necessary to mention the cases failed bidding.

Trades can usually be invalidated in the following cases:

• when there is no struggle in the auction, that is, the bidders refuse to raise the initial price of the object. This effectively means that there is no buyer;
• when the winner of the auction refuses to conclude a sales contract for the object. Such an agreement must be concluded within 5 days from the date of the end of the auction.

In the presence of such a situation, the organizers appoint a re-bidding no earlier than 10 days and no later than 30 from the date of the first auction. In the event of a failed auction, all auction participants must be repaid the makings introduced by them earlier. However, there are some exceptions.

So, for example, if the winner refuses to sign the auction protocol and conclude a sale and purchase agreement, then the organizers are allowed to leave his deposit for himself. 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 organizers of the auction and executive bodies... There must be complete mutual understanding between these structures, and all legal formalities must be observed. If this is not the case, then there is a high probability that the auction will be in violation, and this implies costs for all parties.

If the property could not be 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 for 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 an understatement of the price by 25% below the market price. Very often, claimants refuse such a solution to the issue. In this case, the property can be returned to the debtor.

Of course, such situations are rare, but they do happen. In this case, the bailiff is obliged to send copies of the decisions to the parties. The claimant has the right to claim other objects from the bankrupt organization for subsequent sale at the auction, but a sufficient amount of time is wasted on this.

Conclusion

This material shows that the problem of unrealized 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, then the debtor is happy to return it. On the other hand, financial litigation over debt obligations is delayed and there is an opportunity to lose other values ​​at the auction, and this, in turn, can only aggravate the situation.

Thus, it can be argued that failed bidding are not beneficial to anyone, and each side is interested in their successful implementation. This question can be considered closed. And remember, whichever side you find yourself on, in order to successfully conduct business and avoid additional problems, you need to approach financial issues with a balanced and confident approach!

We are holding an auction, the day of submitting applications ends and we know that no one will submit applications. Is it necessary to change the schedule and procurement plan in order to conduct re-auction? Can I create a new notification immediately after posting the protocol on the failed auction and in what time frame?

Answer

Oksana Balandina, editor-in-chief of the State Order System

From July 1, 2018 to January 1, 2019 for customers transition period- it is allowed to carry out both electronic and paper procedures. As of 2019, paper tenders, auctions, quotes and requests for proposals will be banned, with eight exceptions.
Read what purchases to carry out on the ETP, how to choose a site and get electronic signature, according to what rules to conclude contracts in the transition period and after.

According to part 4 of article 79 of Law No. 44-FZ, if an electronic auction is declared invalid due to the fact that no applications have been submitted at the end of the period for filing applications for participation in such an auction, the customer makes changes to the schedule ( if necessary, also in the procurement plan) and carries out the procurement by conducting a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of this Federal law(in this case, the procurement object cannot be changed) or in any other way in accordance with this Federal Law.

Moreover, if there is no need to make changes to this position the schedule in terms of the method of determining the supplier (contractor, executor), the timing of the procurement, the NMCC, then, based on the literal interpretation of the provisions of part 13 of article 21 of Law No. 44-FZ, we believe that there is no need to wait 10 days. Accordingly, after the posting of the protocol on declaring the electronic auction invalid, the customer can place a repeated purchase.

What changes to make to the procurement plan and schedule when the auction did not take place and the customer repeats the procedure

If necessary, change in the procurement plan and schedule the procurement dates, the method of determining the supplier or, for example, the amount of funding, and re-announce the procedure. Leave the purchase object unchanged. This rule is established in part 4 of Article 71 of Law No. 44-FZ.

In what cases and how to change the schedule in the ENI

The customers make changes to the schedules according to the Rules and Requirements of the RF Government Resolutions of June 5, 2015 No. 553 and 554. Observe the deadlines for making the edits, otherwise you will pay a fine. Publish the changes in the EIS, having previously sent them for control. How to correctly change the schedule and where to go if there are errors in the EIS, you will learn from the recommendations below.

When to change the schedule

Modify your schedule if:

• changed the procurement plan;
• the volume and cost of goods, works or services have changed and it is impossible to purchase them under the previous NMCC;
• changed the start date of the purchase, the terms of the contract, the amount of the advance, the stages of payment;
• changed the terms in which the customer will deliver goods, works or services;
• changed the way you define a supplier;
• canceled the purchase;
• use savings from procurement or saved funds within budget allocations;
• received an order from the control body under Article 99 of Law No. 44-FZ;
• decided to change the schedule based on the results of public comment;
• circumstances have arisen that could not have been foreseen at the date of the approval of the schedule.

Cases when the customer changes the schedules are spelled out:

• in paragraph 8 of the Rules from the Decree of the Government of the Russian Federation of June 5, 2015 No. 553 - for purchases for federal needs;
• in clause 10 of the Requirements from the Decree of the Government of the Russian Federation of June 5, 2015 No. 554 - for purchases for regional and municipal needs.

Regional or local authorities may additionally establish cases when the customer changes the schedule for procurement for regional and local needs. Such a rule is spelled out in subparagraph "h" of paragraph 10 of Requirements No. 554.

When to change the schedule

Make changes to the schedule in time:

• 10 days or earlier before you place a notice in the EIS or send an invitation to participate in the procurement;
• 10 days or earlier before the date when you conclude the contract, if the purchase does not provide for either a notification or an invitation;
• one day before the conclusion of a contract when purchasing from a supplier under clauses 9 and 28 of part 1 of article 93 of Law No. 44-FZ;
• on the day when you send a request for quotations to participants for procurement for humanitarian aid or emergency response (Article 82 of Law No. 44-FZ).

The terms are specified in paragraphs 9 and 10 of Regulation No. 553 and paragraphs 11 and 12 of Requirement No. 554.

If you violate the terms, the responsible employee will pay a fine of 5,000 to 30,000 rubles. The punishment is provided for by part 4 of article 7.29.3 of the Code of Administrative Offenses of the Russian Federation.

Goszakupki.ru magazine Is a magazine on the pages of which the leading experts of the industry give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles of the journal are highest degree reliability.