If one participant has applied for the auction. The auction did not take place, no bids were submitted

Hello dear colleague! In today's article, we will talk about participation in the most popular procurement procedure to date - an electronic auction within the framework of 44-FZ. IN currently electronic auctions account for more than 65% of all purchases made in the Russian Federation (information as of April 30, 2019). The popularity of this procedure is only gaining momentum every year, however, despite such popularity, problems among auction participants are not getting smaller. Therefore, in my article, I tried to give the most detailed information on participation in electronic auctions under the current 44-FZ. ( Note: real article updated on April 30, 2019).

1. The concept of an electronic auction

So, let's first consider the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Auction in electronic form ( electronic auction) — an auction in which information about the procurement is communicated by the Customer to an unlimited number of persons by placing in (EIS) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on the participants in the procurement, such an auction is provided on the electronic site by its operator.

There is also a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — auction held in in electronic format on electronic platforms, the winner of which is the person who offered the most low price state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 of the 44-FZ.

2. Platforms for holding electronic auctions

As mentioned above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — This is a site on the Internet where electronic auctions are held.

3. In what cases is an electronic auction held?

According to part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, services are purchased, including:

• to the list established by the Government of the Russian Federation (Decree of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as amended on February 12, 2018) “On the list of goods, works, services, in the event of the procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction )”) Note: this List is a table that indicates the codes for OKPD2 and the names of goods, works, services purchased with the help of EA. In addition, a number of exceptions to this list are indicated;
• or in an additional list at the level of the subject of the Russian Federation (part 2 of article 59 44-FZ).

Inclusion of goods, works, services in the above lists is carried out in case of simultaneous fulfillment of the following conditions:

1. it is possible to formulate a detailed and accurate description of the procurement object;
2. the criteria for determining the winner of such an auction have a quantitative and monetary value.

Important: The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the above lists (part 3 of article 59 of 44-FZ).

4. Accreditation of participants in the electronic auction

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the EIS and accreditation on the electronic site. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be valid on 01/01/2019. Now new procurement participants must register with the EIS, after which they will be automatically accredited at 8 "state" sites. This is much more convenient and faster than separate accreditation at each site taken.

Participants who were accredited on the “state” ETPs before 01/01/2019 will be able to participate in electronic procurement without registration in the EIS until 12/31/2019. Such participants can register in the EIS at any time during 2019 of the year.

ETP operators notlater than business day following the day of registration of the procurement participant in the EIS, such participant is accredited on the electronic site.

This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 of 44-FZ).

5. Algorithm for conducting an electronic auction under 44-FZ

In this part of the article, I will describe step by step all the actions of the Customer and the procurement participant during the open auction in electronic form according to 44-FZ. Let's first consider with you the actions of the Customer.

5.1 Actions of the Customer during the electronic auction

Stage #1 - Preparation for the electronic auction

At this stage, the Customer organizes and plans the forthcoming purchase, forms an auction (single) commission, determines its composition and functioning, develops and approves the regulation on the commission, attracts a specialized organization (if necessary).

Stage #2 - Preparation of documents for holding an electronic auction

At this stage, the Customer is developing and approving the documentation for the electronic auction ( general provisions, information card, application form, instructions for filling out the application, justification of the NMCC, terms of reference, draft contract, etc.).

Stage 3 - Placing information about the electronic auction

At this stage, the Customer prepares and places in the EIS (on the official website www.zakupki.gov.ru) a notice of an electronic auction and documentation.

Stage 4 - Identification of participants in the electronic auction

At this stage, the Customer considers the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.

Stage number 5 - Determination of the winner of the electronic auction

At this stage, the Customer considers received from the operator electronic platform, the second parts of applications for participation in the EA and prepares a summary protocol. During the day, more than 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.

Stage 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks for the presence of a security for the performance of the contract or a bank guarantee, and signs a contract with the winner.

So, we have dealt with the actions of the Customer, now let's look at the actions of the procurement participant.

5.2 Actions of the participant during the electronic auction

Stage #1 - Receipt electronic signature

To participate in electronic auctions, as well as to register in the EIS and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then you can order it.

Stage #2 - Registration in the EIS and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, so he without fail you need to go through this process. How to do this was written above.

Note: The first two steps are essentially preparatory stages, without passing which participation in electronic auctions is impossible.

Stage 2.1 - Opening a special account for depositing bid security

In order to submit an application for participation in an electronic auction, you will also need a special account to which money is credited to secure applications. Also, the platform operator will debit money from this account for winning the auction if you are recognized as the winner. What is a special account and why is it needed, it is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.

Stage 3 - Search for information about an ongoing electronic auction

At this stage, a potential participant searches for information posted in the EIS (on the official website www.zakupki.gov.ru) about the ongoing auction and downloads the entire set to his computer auction documentation. The search for information can also be carried out by the participant directly on the electronic platforms themselves. On the topic of effective search for tenders in our online school"ABC of tenders" is a separate training module, where both paid and free information search tools are considered. You can learn more about our school.

Stage 4 - Auction documentation analysis

At this stage, the procurement participant studies the documentation on the ongoing EA (terms of reference, instructions, draft contract, etc.) and decides whether to participate in the auction or not. If the participant makes a positive decision, then he proceeds to the next stage.

Stage number 5 - Application Money to a special bank account

The next mandatory step is to deposit funds into a special bank account. This is necessary in order to ensure your participation in the electronic auction.

Note:

• if the NMTsK EA is up to 1 million rubles, then the requirement for the Customer is not established (see Decree of the Government of the Russian Federation No. 439 of 04/12/2018). Important! There is also a letter from the Ministry of Finance of Russia dated October 30, 2018 No. 24-01-07 / 77857 “On securing applications for participation in tenders and auctions at the NMCC up to 1 million rubles; on Establishing the Amount of Penalty in the Procurement Documents”, in which the Ministry of Finance says that RF PP No. 439 does not contain restrictions on establishing a requirement for securing bids for participation in tenders and auctions with the value of the initial (maximum) contract price up to 1 million rubles. rubles. Based on this letter from the Ministry of Finance, many Customers set requirements for securing applications (from 0.5% to 1%) in purchases up to 1 million rubles;
• if NMTsK EA from 1 million rubles. up to 20 million rubles, then the size of the application security is from 0.5% to 1% of the NMTsK;
• if the NMCC EA is more than 20 million rubles, then the amount of the application security is from 0.5% to 5% of the NMCC;
• if the purchase is carried out among institutions or enterprises of the penitentiary system or organizations of the disabled and the NMTsK is more than 20 million rubles, then the size of the application security is from 0.5% to 2% of the NMTsK.

Stage 6 - Preparing and submitting an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all Required documents on the electronic site, sign them with a qualified electronic signature and send them to the operator of the electronic site. Within one hour from the date and time of the deadline for filing applications for participation in EA, the operator of the electronic platform sends information to the bank about the procurement participant and the amount of funds necessary to secure the application. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic site, blocks the funds on the special account of the procurement participant in the amount of the security of the corresponding application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.

Stage number 7 - Direct participation in the electronic auction

If, after consideration by the Customer of the first parts of the applications, the application of the participant is recognized as meeting the requirements of the Customer, such a participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the set day and time and takes part in the EA procedure (submits price offers). In more detail about how this procedure goes, we will talk later in this article.

Stage 8 - Conclusion of a contract with the Customer following the results of an electronic auction

In the event that the EA participant is recognized as the winner, he prepares the contract performance security (or payment order), checks the draft contract prepared by the Customer, and sends to the Customer through the operator of the electronic site the contract signed with a qualified electronic signature, as well as a document confirming the provision of the performance security contract. The process of concluding a contract with the Customer is described in more detail.

So we have considered the algorithm for conducting an electronic auction under 44-FZ. Each of the stages we have considered has strictly regulated deadlines, which we will discuss below.

6. Deadlines for holding an electronic auction under 44-FZ

For the convenience of information perception, all stages of the electronic auction, as well as the timing of these stages, are presented below in the form of a table. This table also contains links to specific paragraphs of Law No. 44-FZ, in which these terms are established.

7. Calculator for holding an electronic auction under 44-FZ

11. Requirements for participants of the electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, any legal entity can be an EA participant, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of legal entity registered in an offshore zone) or any individual, including those registered as individual entrepreneur.

Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if there are such requirements) of Article 31 of the 44-FZ ( Note: these are the requirements that the participant has the necessary licenses, SRO approvals, the requirement that information about the participant is not in the register of unscrupulous suppliers (RNP), as well as additional requirements established by the Government of the Russian Federation).

General requirements to all procurement participants are established in Art. 31 44-FZ.

You can learn more about the requirements for procurement participants.

12. Application for participation in an electronic auction

According to part 2 of Art. 66 44-FZ, an application for participation in an electronic auction consists of 2 parts: the first and second parts of the application.

The requirements for the content of the first part of the application are established by the norms of parts 3, 4 of Article 66 of the 44-FZ.

So, according to part 3 of article 66 of 44-FZ, the first part of the application for participation in an electronic auction must contain:

1) consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms stipulated by the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given with the use of software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent on the electronic site);

2) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:

but) name of the country of origin of goods (in the event that the Customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation of an electronic auction, in accordance with Article 14 of 44-FZ);

Important: If the Customer in the notice and documentation does not establish prohibitions and restrictions on the admission of goods in accordance with Article 14 of the 44-FZ, the procurement participant may not indicate in his application the name of the country of origin of the goods.

b) specific product indicators , corresponding to the values ​​set in the electronic auction documentation, and indication of the trademark (if any) . The information provided for by this subparagraph shall be included in an application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked trademark, other than the trademark indicated in the electronic auction documentation.

Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to supply the Customer with this particular product, then in the first part of the application it will be sufficient to simply indicate your consent to the supply of this product. You do not need to specify specific indicators of the goods. If the trademark is not specified or you are planning to supply goods with a different trademark, then the indication of specific indicators in this case is mandatory.

most big problem for 90% of procurement participants is the rejection of their applications at the stage of consideration by the Customer of the 1st part of the application. In fact, the first part of the application for the Customer is the main tool for lobbying "its" supplier (contractor).

In order to avoid mistakes when participants prepare the first part of the application, I have prepared a detailed practical guide called “Breaking Application. Get access to any auction.” You can learn more about this guide.

The second part of the application to participate in the EA must contain the following documents and information:

1) name (full name), location (place of residence), postal address of the auction participant, contact details, TIN of the auction participant or an analogue of the TIN of the auction participant (for a foreign person), TIN (if any) of the founders, members of the collegial executive body, person performing the functions of the sole executive body of the auction participant;

2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of part 1, parts 2 and 2.1 of article 31 (if there are such requirements) 44-FZ, or copies of these documents, as well as ( Note: the specified declaration is provided using the software and hardware of the electronic platform. However, I also recommend attaching this declaration as a separate file as part of the second part of the application);

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, if in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the EA ( Note: at the same time, it is not allowed to require the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods);

4) a decision to approve or commit big deal or a copy of this decision;

5) documents confirming the right of the EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (in the event that the EA participant has declared that he has received these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penitentiary system, as well as organizations of the disabled);

6) documents provided for by the NLA adopted in accordance with Article 14 of 44-FZ, in the case of the purchase of goods, works, services that are subject to the said NLA, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons);

7) a declaration on the affiliation of a participant in such an auction to small businesses (SMEs) or socially oriented non-profit organizations(SONKO) in the event that the customer establishes the restriction provided for in Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic platform. Also, additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

• Require the EA participant to provide other documents and information, with the exception of those provided for in Parts 3 and 5 of Art. 66 44-FZ of documents and information is not allowed;
• The EA participant has the right to submit an application for participation in the auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for bids are local time of the procuring entity, please keep this in mind when submitting your bid);
• An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic site in the form of 2 electronic documents simultaneously;
• Within one hour from the moment of receipt of the application for participation in the EA, the operator of the electronic site is obliged to assign an identification number to it and confirm it in the form electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or returns the application to the participant for the reasons specified in paragraphs 1-5 of part 11 of article 66 44-FZ);
• An EA participant who has submitted an application for participation in the auction has the right to withdraw this application without later than the date deadline for submitting applications for participation in the auction, by sending a notification to the operator of the electronic site.

Cases of return of the application to the participant by the operator of the electronic site:

1) the application was filed in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed with an electronic signature);

2) one auction participant has submitted two or more applications for participation in it, provided that the applications submitted earlier by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant's application was received after the date or time of the deadline for submitting applications for participation in the auction;

4) the application from the auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: the term of registration of a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer .

13. The procedure for an electronic auction under 44-FZ

In this part of the article, we will consider the procedure for participating in an electronic auction directly on the electronic site itself.

So, participants registered in the EIS, accredited on the site and admitted to participate in such an auction, can participate in the EA (after considering the first parts of the applications). I think it's understandable.

The auction itself is held on the electronic platform on the day specified in the notice of its holding ( Note: the day of the EA is the working day following the expiration of 2 days from the date of the deadline for consideration of the first parts of applications for participation in such an auction).

Important: The start time of the auction is set by the operator of the electronic site in accordance with the time zone in which the Customer is located.

The auction is held by auction participants reducing the NMTsK specified in the notice. The amount of the decrease in the NMTsK (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC, but not less than 100 rubles . During the EA, its participants submit proposals for the price of the contract, providing for a reduction in the current minimum offer for the price of the contract by an amount within the "auction step".

Requirements for bids of bidders:

1) the auction participant is not entitled to submit an offer on the contract price:

• equal to the proposal previously submitted by him;
• greater than the previously submitted offer;
• equal to zero;

2) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the “auction step”;

3) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer if it is submitted by such an electronic auction participant ( Note: this means that you cannot lower your price if it is on this moment the best).

If an EA participant proposes a contract price that is equal to the price offered by another participant in such an auction, the contract price offer received earlier is recognized as the best one.

Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not worry too much, because. it simply will not be accepted by the operator. Accordingly, you will be able to adjust your proposal and submit it again.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic site during the auction.

When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is 10 minutes after the receipt of the last contract price offer . If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.

within 10 minutes from the moment the EA is completed, any of its participants has the right to submit a contract price offer that is not lower than the last contract minimum price offer, regardless of the “auction step”, subject to requirements 1 and 3, which are specified above in the “Requirements for Price Offers of Auction Participants” section ".

within 30 minutes after the completion of the EA, the operator places the protocol of the electronic auction on the electronic site.

The EA protocol specifies:

• address of the electronic site;
• date, time of beginning and end of such auction;
• NMCC;
• all minimum contract price bids made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to bids for participation in such an auction, which are submitted by its participants who made the corresponding contract price bids, and indicating the time of receipt of these proposals.

Within 1 hour after the protocol of the EA is posted on the electronic site, the operator of the electronic site sends the said protocol and the second parts of the participants' applications to the Customer, and also sends appropriate notifications to the participants whose second parts of the applications were submitted to the Customer for consideration.

The operator of the electronic site is obliged to ensure the continuity of the EA, the reliability of the operation of the software and hardware used to conduct it, the equal access of its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.

For a better assimilation of information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:

14. How long does the electronic auction last?

Many procurement participants are interested in how long the electronic auction procedure can last. It is difficult to give an unambiguous answer to this question, since everything depends on the particular auction taken, on the NMCC, on the number of participants admitted to participate in the auction, and on the steps of the auction that they use during participation.

The minimum duration of the EA is 10 minutes. This is in the case when the participants did not submit a single price offer.

According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set, which is 10 minutes from the start of such an auction before the deadline for submitting contract price bids, and 10 minutes after the last offer about the price of the contract.

The maximum duration of EA can be up to several days. This can happen when the participants reached the contract price of 0.5% of the NMTsK or lower. And then the auction is held for the right to conclude a contract by raising the price of the contract (part 23 of article 68 of 44-FZ). In practice, however, such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

15. How to find out the participants of the electronic auction?

I am often asked if it is possible to find out information about participants in an electronic auction before bidding. I will answer that it is possible only by bribing the operator of the electronic site, but this is illegal. Then the next question arises. Are there legitimate ways to find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate detailed article, which you can read.

16. Recognition of an electronic auction under 44-FZ as invalid

Below are the cases in which an auction in electronic form according to 44-FZ is recognized as failed.

1. In the event that at the end of the deadline for submitting applications for participation in the EA, only one application has been submitted or not a single application has been submitted, such an auction is recognized as failed (part 16 of article 66).
2. If, based on the results of consideration of the first parts of applications for participation in the EA, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction is recognized as failed (part 8 of article 67).
3. If, within 10 minutes after the start of the EA, none of its participants submitted an offer on the price of the contract, such an auction is recognized as failed (part 20 of article 68).
4. In the event that the auction commission decides that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the EA or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as failed (part 13 of Art. 69).
5. In the event that the second participant (in case the EA winner evades concluding a contract with the Customer) did not provide the Customer with signed draft contracts and enforcement of the contract within the established period, the electronic auction is declared invalid (Part 15 of Article 83.2).

17. Conclusion of a contract based on the results of an electronic auction

According to part 9 of Art. 83.2 44-FZ a contract can be concluded not earlier than 10 days from the date of placement in the UIS of the protocol for summing up the results of the electronic auction.

within 5 days from the date of posting the protocol of summarizing the results in the EIS, the Customer places the draft contract in the EIS and on the electronic site without his signature.

within 5 days from the date of placement by the Customer in the EIS of the draft contract, the winner places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

In the event of disagreements on the draft contract posted by the Customer in the EIS, the winner places a protocol of disagreements in the EIS, signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date of placement by the winner in the EIS of the protocol of disagreements, the Customer considers the protocol of disagreements and, without his signature, places the finalized draft contract in the EIS and on the electronic site, or re-posts the draft contract in the EIS indicating in a separate document the reasons for refusing to take into account all or part of the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, the placement in the EIS and on the electronic site by the Customer of the draft contract indicating in a separate document the reasons for the refusal to take into account the comments of the winner in full or in part contained in the protocol of disagreements is allowed, provided that such a winner posted the protocol of disagreements on the electronic site within 5 days from the date of placement by the Customer in the EIS of the draft contract).

Within 3 working days from the date of placement by the Customer in the EIS and on the electronic site of documents (a revised draft contract, or an initial draft contract + a document on the reasons for refusal), the winner of the electronic auction places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

Within 3 working days from the date of placement in the EIS of the draft contract and ensuring the execution of the contract, signed by the winner's enhanced electronic signature, the Customer is obliged to place in the EIS and on the electronic site a contract signed with an enhanced electronic signature.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For ease of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.

Cases of recognizing the winner of an electronic auction as evading the conclusion of a contract:

1. if the winner in the established Art. 83.2 44-FZ did not send the signed draft contract to the Customer;
2. if the winner did not send the protocol of disagreements to the Customer within 5 days from the date of placement by the Customer in the EIS of the draft contract;
3. if the winner has not complied with the anti-dumping requirements under Art. 37 44-FZ (in the event of a contract price reduction of 25% or more from the NMCC).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:

• enforcement of the contract in accordance with Part. 1 Article. 37 44-FZ (if NMTsK > 15 million rubles); enforcement of the contract in accordance with Part. 1 Article. 37 44FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of a contract performance security in the amount of the contract performance security specified in the procurement documentation (if the NMCC< 15 млн. руб.);
• justification of the price of the contract in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, emergency supplies, including specialized ambulances, medical care provided in an emergency or urgent form, medicines, fuel).

Learn more about anti-dumping measures in 44-FZ you can.

At the end of the article, I suggest you watch another very useful video that tells why you should not apply for participation in EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like, share information with friends and colleagues. If after studying the material you still have questions, then ask them below in the comments.

See you in new articles!

As part of the request for proposals after failed auction it is forbidden, however, to change the object of procurement (but at the same time it is formally possible, but not recommended, to change its cost, as well as the deadlines). A notice to the EIS must be submitted by the customer no later than 5 days (calendar) before the date of the request for proposals. At the same time, according to 44-FZ, the customer has the right to independently send invitations to participate in the procurement process to those persons who, in his opinion, are capable of fulfilling the terms of the contract. However, these persons in this case must be indispensable counterparties of the customer for at least 18 months before the date of the request for similar supplies. The auction is not held if all bids are rejected at the stage of consideration of the first parts In theory, this is hardly possible, but in fact electronic auction anything happens. Accordingly, in this case, the previous paragraph on the request for proposals applies.

Article 71. Consequences of declaring an electronic auction invalid

of the Federal Law and documentation on such an auction or on the non-compliance of the participants in such an auction and the applications submitted by them with the requirements of this Federal Law and (or) documentation on such an 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 was submitted: a) before other applications for participation in such an auction, if several participants in such an auction and the applications 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.

Failed auction

Agreements in accordance with paragraph 25 of part 1 of article 93 of the Law on the contract system arise only if the open competition, competition with limited participation, two-stage competition, repeated competition, request for proposals. Clarifications on this issue are given in the Letter of the Ministry of Economic Development of Russia No. 658-EE/D28i, FAS Russia No. АЦ/1587/15 of 01/20/2015. The data in the table without changes from 01.01.2015 (now the agreement is not required) No. p / p Reason for declaring the electronic auction invalid Actions of the Customer Approval Conclusion of the contract 1 Not a single application has been submitted (p.
16 art. 66 44-FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of Art.

Article 71 44-FZ - the consequences of declaring an electronic auction invalid

of the Federal Law and the 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) the documentation of such an auction with the rationale for the said decision, including the indication of the provisions of this Federal Law and (or) the documentation of such an auction, to which this application does not comply; 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; ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 4 of part 2 of article 71. Cm.
Federal Law) 4 Based on the results of consideration of the first parts of the applications, the auction commission decided to refuse admission to participation of all participants in the procurement (part 8 of article 67 44-FZ) The customer makes changes to the schedule (procurement plan) and carries out the procurement by making a request proposals in accordance with paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of article 71 44-FZ) 5 The auction commission decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant (part 8 67 44-FZ) Coordination of the Customer's decision with the body authorized to exercise control in the field of procurement (FAS, Rosoboronzakaz) (clause 25, part 1, article 93 44-FZ) Concluding a contract with a single supplier (clause 4, part 2 article 71, paragraph 25, part 1, article

Auction declared invalid

of the Federal Law due to the fact that the auction commission has decided that all the second parts of the applications for participation in it do not meet the requirements established by the electronic auction documentation, or on the grounds provided for by Part 15 of Article 70 of this Federal Law, the customer makes changes to the plan schedule (if necessary, also in the procurement plan) and carries out procurement by means of a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of this Federal Law (in this case, the object of procurement cannot be changed) or otherwise in accordance with this Federal Law.

The electronic auction was declared invalid

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 3.1 of Article 71. See text in a future edition. 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 has submitted the said application shall be 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. (Part 3.1 was introduced by Federal Law No. 140-FZ of 04.06.2014) ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 4 of Article 71.
Cm.

If the auction is declared invalid due to

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on an electronic site; 2) the operator of the electronic site, within the period specified in paragraph 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 of such an auction and the documents specified in clause 1 of this part, considers this application and said 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 for considering the application of the sole participant in such an auction, signed by the members of the auction commission.

If the electronic auction is declared invalid

Attention

The only application - the order of actions 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 can conclude a contractual agreement with a single participant.
Consider the conditions under which you can sign a contract. This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements.
This document should include the following information:

• Title of the document;
• place, time and date of its compilation;
• list of members of the auction commission;
• the name of the failed auction;
• information about the customer;
• auction object;
• the reason for declaring the auction invalid;
• information about the site where the protocol will be placed.

So Art. 71 of Law No. 44 defines 5 possible situations in which an auction is declared invalid. The same article defines the order of actions that the customer must take after the event receives the specified status.
Federal Law "On the privatization of state and municipal property" (as amended and supplemented), if the auction for the sale of state or municipal property is declared invalid, then the said property is sold through a public offer. If the auction did not take place, the only participant in the auction, no later than twenty days after the day of the auction, has the right to conclude a contract of sale or a lease agreement for the land plot put up for auction, and the authority state power or body local government, by whose decision the auction was held, is obliged to conclude an agreement with the sole participant of the auction on starting price auction.

The auction was declared invalid, one application was submitted under 44 fz

By virtue of the foregoing, the conclusion of an agreement with the only participant in the failed auction does not meet the requirements of civil law, and also contradicts the essence of the auction itself. In addition, in accordance with the current judicial practice filing an application for participation in the auction does not mean the conclusion of an agreement with the organizer of the auction by acceptance public offer. An agreement is a two or multilateral transaction, which implies the emergence of rights and obligations for all its parties.

If we assume that the notification of the organizer of the auction is an offer to conclude an agreement that is the subject of the auction, then the application of a potential participant should indeed be considered an acceptance. But the bidder does not bear any obligation to conduct the bidding, since the provision of the required documents and the payment of a deposit are his rights, but not his obligations.

Failed electronic auction. Failed auction in electronic form.

• The concept of "failed electronic auction" means the absence of bidding when placing a specific order. At the same time, it is not at all necessary to imply that the contract (for this order) will not be concluded. For example, only 1 URZ showed up for the auction, it turns out that there will be no auction, this URZ will not play with itself at the auction. It turns out. That the electronic auction (UAEF) was declared invalid, and the state. the contract will be concluded with this (the only declared) URZ.

A list of situations in which electronic auctions are recognized as failed, but government contracts are still concluded.

• 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.

The electronic auction was declared invalid. Regulations and documents.

• 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.

Recognition of the electronic auction as invalid.

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

Protocol for declaring an electronic auction invalid. There is a (admitted) participant, and a state contract will be concluded with him.

It is indicated in the protocol.

• 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. the contract.

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

Protocol for declaring an electronic auction invalid. There were no applications at all.

It is indicated in the protocol.

• Fixation of the fact: the electronic auction is recognized (the reason is indicated) as failed.

• The reason for declaring the auction invalid: no bids have been submitted.

The protocol of the failed electronic auction is placed on the ETP, it is a document that records the very fact of recognizing the electronic auction (UAEF) as failed, and so the reasons are given: 1 participant or their absence.

TENDER DEPARTMENT REMOTELY Preparation of applications Finished control Maximum % tolerance Help to participate Search for tenders tender conveyor FAS and RNP Minutes of disagreement Controversial situations

SOLUTION ANY TASKS WHEN WORKING ON STATE ORDER QUICKLY AND COMPETENTLY

Consequences of the fact that the electronic auction was declared invalid.

• There is one member.

• Signing a contract with this member.

• There are no participants or applications.

• Repeat auction.

• Reordering an order.

Cases of recognition of an electronic auction as invalid.

• No applications.

• All applications (all URZ) are rejected.

• 1 participant allowed.

• There were no offers the course of the auction.

• If only 1 (one) participant is admitted to the auction, a contract is concluded with him.

• If several URZ are admitted to the auction at once, but no one made "moves", the contract is concluded with the URZ, which submitted its application before anyone else.

• If there were no applications or all applications were rejected, but the order is processed again.

Repeat auction in electronic form.

• It implies a procedure for re-placement of an order if the initial auction is declared invalid, while there is no one to conclude a contract with.

• Rules and actions when re-auction- the same as the original.

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract Government contract municipal contract Federal authorities Federal Antimonopoly Service of Russia Rosoboronzakaz Since 01.01.2015, if the electronic auction is declared invalid, the approval of the conclusion of a contract with a single supplier from the control body is not required. Federal Law No. 498-FZ dated December 31, 2014 amended paragraph 25 of Part 1 of Art. 93 44-FZ, according to which, if the electronic auction was declared invalid on the grounds provided for in Part. 1 - 3.1 Art.

Article 71. Consequences of declaring an electronic auction invalid

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation 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.

Publication of the protocol if no application has been submitted

Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on an electronic site; 2) the operator of the electronic site, within the time period specified in paragraph 1 of this part, is obliged to send a notification to the participant of such an auction that has submitted a single application for participation in such an auction; 3) auction commission within three working days from the date of receipt single application for participation in such an auction and the documents specified in Clause 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 of the electronic site a protocol for considering a single application for participation in such an auction, signed by members auction commission.

Ipc-star.ru

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 4 of part 3 of Article 71. See text in a future edition. 4) the contract is concluded in accordance with Clause 25 of Part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law with a participant in such an auction, an application for participation in which was submitted: a) before other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of this Federal Law and documentation on such an auction; b) the only participant in such an auction, if only one participant in such an auction and the application submitted by him are recognized as complying with the requirements of this Federal Law and documentation on such an auction.

ConsultantPlus: note.

The auction did not take place, no bids were submitted

Then the notice of a repeated auction or request for proposals may be published on the website no earlier than November 12, 2016. With regard to the re-placement of the order, this may be again an electronic auction or, on the basis of clause 8 of paragraph 2 of Article 83, a request for proposals.
Part 3 of this article defines the rules for conducting procurement in this way, including the timing. In any case, the contractor who wanted to take part in the electronic auction, which was subsequently declared invalid due to the lack of applications, but for some reason did not have time, has enough time to solve all the problems and become a participant in the re-placed purchase.

The auction did not take place applications were submitted what to do according to federal law 44

of the Federal Law due to the fact that the auction commission has decided that all the second parts of the applications for participation in it do not meet the requirements established by the electronic auction documentation, or on the grounds provided for by Part 15 of Article 70 of this Federal Law, the customer makes changes to the plan schedule (if necessary, also in the procurement plan) and carries out procurement by means of a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of this Federal Law (in this case, the object of procurement cannot be changed) or otherwise in accordance with this Federal Law. (in ed. federal laws dated 28.12.2013 N 396-FZ, dated 04.06.2014 N 140-FZ) (see.

Failed auction

The only application - the order of actions Laws on electronic trading FZ-44 and FZ-223 are constantly supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and Art.
25 №44-

Federal Law, within the framework of which the issue of the conditions of the failed auction is considered in more detail. The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

Important

Provided that the only application for participation in the auction was under consideration in the work of the site, it is she who is considered the winner. 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.

Attention

The customer can conclude a contractual agreement with a single participant. Consider the conditions under which you can sign a contract.

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

Protocols according to 44-FZ: sample documents

So, the tender is declared invalid if:

1. one application has been submitted;
2. lack of applications;
3. registered applications are submitted with violations and cannot be accepted by the commission;
4. in cases where there was no bid for the price at the set time.

Failed auction - consequences As we wrote above, depending on the reasons for the recognition of a failed auction, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or otherwise established by law. Repeated auction Conducting a repeated auction is also carried out on the basis of Federal Law-44.

At the moment, the state customer has the right to select a counterparty only by requesting proposals, but new amendments are expected soon, which will require additional. approvals.

If no bids have been submitted for the auction, you need to publish a protocol declaring the purchase as void. The functionality of the site does not imply automatic publication of a protocol on recognizing the procurement as failed.

Sign in Personal Area by electronic signature. Find the auction in the "Purchases" section; 2. Open the form of the protocol on declaring the auction invalid: Click on the notification "Publish the protocol on declaring the auction invalid" in the auction line in the "Purchases" section; Or open the auction card in the "Events" section, then "Minutes" and click the "Open protocol form" button.

3. Select the auction commission in the "Commission" field (if necessary).
Federal Law) 2 Only one application has been submitted - the participant does not comply (part 16 of article 66 44-FZ) = based on the results of consideration of the first parts of applications by the auction commission, a decision was made to refuse admission to participation of all procurement participants (part 8 of article 67 44 -FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with paragraph 8 of part 2 of Art. 83 44-FZ or otherwise in accordance with 44-FZ (part 4 of article 71 44-FZ) 3 Only one application has been submitted - the participant complies (part 16 of article 66 44-FZ) Coordination of the Customer's decision with the body authorized to exercise control in the field of procurement (FAS, Rosoboronzakaz) (clause 25, part 1, article 93 44-FZ) Conclusion of a contract with a single supplier (clause 4, part 1, article 71, clause 25, part 1, art.

Protocol on the failed auction 44 fz if no application has been submitted

• at the end of the deadline for filing applications for participation in such an auction, only one application for participation in it has been submitted,
• the auction commission decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant,
• within ten minutes after the start of such an auction, none of its participants submitted an offer on the price of the contract,
• the auction commission made a decision on compliance with the requirements established by the documentation for the electronic auction, only one second part of the application for participation in it,

then the customer has the right to conclude a contract with a single supplier without the consent of the body authorized to exercise control in the field of procurement.

With the help of an electronic auction, the customer determines the supplier (executor, contractor). Auctions 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, which, 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 declaring an auction invalid
The current legislation identifies 4 cases in which an electronic auction is considered invalid:

1. When submitting a single application for the tender or their absence.
2. After considering the applications, the tender commission decided to admit one participant to the auction or rejected all applications.
3. After the start of the auction, within 10 minutes, no proposals regarding the price of the contract were submitted.
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 applied for the auction (if it meets the requirements). In this case, the price of the contract cannot exceed the initially announced by the customer.

In the event of situation No. 3, the contract can be concluded after its approval by the control body. In this case, the counterparty can be the auction participant who submitted the application before the others or the only participant if his application meets the established requirements.

In the fourth situation, or if the sole participant is unwilling to conclude a contract, the customer must make changes to the schedule of his purchases and purchase by another method of procurement - in the form of a request for proposals or in another way.

If the customer, after a failed auction, decided to conclude a contract with a single supplier, then he does not have the right to make changes to the contract (according to the law on the public procurement contract 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 area.

Article 70, part 2 of the FZ-44 law establishes that the customer, within 5 days after placing the protocol on the results of the auction in the unified information system (EIS), must publish the draft state contract without his signature. The counterparty 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 the 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 August 19, 2014, we will see the following in paragraph 8 of the letter: the state customer must initially agree on the signing of the contract with the regulatory authority and only then begin the procedure for concluding it with the counterparty. Otherwise, the performer (contractor) may be misled when a government contract is sent to him, which has not yet been approved by the control body. This may lead to premature financial costs to the contractor, which will be allocated to ensure the performance of the contract. Also, the customer may be fined for such actions.

Coordination of the conclusion of the state contract
In order for the regulatory body to take into consideration the possibility of concluding a state contract with a single contractor, the customer must send him a corresponding request.

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 dated September 13, 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 to the sole participant of the failed auction for confirmation of whether to conclude a contract on the conditions specified in the public procurement documentation at a price not higher than originally announced at the auction;
• prepare a justification in writing that the selected supplier fully complies with the requirements of the legislation 44-FZ and the auction documentation.

In case of violation of the terms or procedure for sending documents or information to the control body in the field of procurement to coordinate the desire to conclude a contract with a single supplier, an official may be fined 50 thousand rubles.