Bidding was declared invalid what next. The auction did not take place

Grounds for declaring an electronic auction invalid are possible at various stages of the procedure. At the stage of identifying participants in the electronic auction, the procedure is considered invalid if no applications for participation have been submitted. In this case, the customer makes changes to the procurement schedule, if necessary, to the procurement plan, and purchases by request for proposals or other procurement methods (part 4 of article 71 of the Law on the contract system).

Also, at the stage of identifying participants in the electronic auction, the procedure is recognized as invalid if only one application is submitted. In this case, the customer makes changes to the procurement schedule, as well as:

• the auction commission includes only one proposal for the contract price in the protocol of the electronic auction;
• the operator of the electronic site, no later than the working day following the deadline for the submission of applications, sends to the customer both parts of this application, as well as the documents of the auction participant who submitted it, formed during the accreditation of the participant (except for the email address), as well as within the same period sends a notification to the participant;
• the auction commission, within three working days from the date of receipt of the application and documents, considers this application and these documents for compliance with the requirements of the Law on the Contract System and the documentation on the electronic auction and sends the protocol for the consideration of a single application to the operator of the electronic platform;
• if this participant and the application submitted by him are recognized as complying with the requirements of the Law on the Contract System and the documentation on the electronic auction, a contract is concluded with this participant (subject to the customer receiving the approval of the supervisory authority).

It is important to remember

In a joint letter from the Ministry of Economic Development of Russia No. 23679-EE / D28i and FAS Russia No. ЛЦ / 39384/14 dated 30.09.2014 "On the position of the Ministry of Economic Development of Russia and FAS Russia on the application of the provisions of the Federal Law dated April 5, 2013 No. 44-FZ" On the contract system in the field of procurement of goods, works, services to meet state and municipal needs "regarding the consequences of submitting one proposal for the price of a contract when conducting an electronic auction" explains the specifics of conducting an electronic auction in accordance with the Law on the Contract System.

h. 1 tbsp. 93 of the Law on the contract system. The joint letter of the Ministry of Economic Development of Russia No. 658-EE / D28i and the FAS of Russia No. АЦ / 1587/15 dated 20.01.2015 contains the following clarification. Federal Law No. 498-FZ of December 31, 2014 entered into force on December 31, 2014. Starting from that date, if the electronic auction is declared invalid in accordance with Part 1-3.1 of Art. 71 of the Law on the Contract System, the customer enters into a contract with the only supplier (contractor, performer) on the basis of paragraph 25 of part 1 of Art. 93 of the Law on the contract system. At the same time, the approval of the conclusion of a contract with a single supplier (contractor, performer) with the control body in the field of procurement is not required, even if the auction was declared invalid before December 31, 2014. The need for such approval in accordance with paragraph 25, part 1 of Art. 93 of the Law on the Contract System arises only if an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for proposals is declared invalid.

At the stage of the auction, the basis for declaring an electronic auction invalid is the case if more than one application was submitted and more than one participant was admitted to participate in the auction, but none of the admitted participants took part in the auction, in this case the following procedure is provided:

• The operator of the electronic site, within one hour after the posting on the electronic site of the protocol on recognizing the auction as invalid, sends to the customer the specified protocol and the second parts of the applications for participation in this auction submitted by its participants, as well as the documents of the participants of such an auction formed in the process of accreditation of the participant (with the exception of e-mail addresses), and also within the same period sends notifications to participants;
• the auction commission, within three working days from the date of receipt by the customer of the second parts of the applications for participation in such an auction of its participants and documents, considers the second parts of these applications and documents for compliance with the requirements of the Law on the Contract System and documentation on the electronic auction and sends the protocol of the holding to the operator of the electronic platform the results of such an auction.

In this case, the customer needs to make changes to the procurement schedule, then he purchases from a single supplier (contractor, contractor) in accordance with paragraph 25 of part 1 of Art. 93 of the Law on the contract system in agreement with the supervisory authority (part 1 of article 71 of the Law on the contract system).

At the stage of determining the winner of the electronic auction, the procedure is considered invalid if the winner and the “second” winner have avoided concluding a contract. The customer needs to make changes to the procurement schedule, then he purchases by request for proposals or other procurement method (part 4 of article 71 of the Law on the contract system).

• After making changes to the procurement schedule, the customer purchases from a single supplier (contractor, contractor) in accordance with paragraph 25 of part 1 of Art. 93 of the Law on the contract system in agreement with the FAS Russia (part 1 of article 71 of the Law on the contract system). At the stage of consideration of the first parts of applications, two grounds may arise for declaring the electronic auction invalid. If more than one application was submitted, but not a single application was allowed to participate in the auction, the customer makes changes to the procurement schedule and purchases by request for proposals or other procurement method (part 4 of article 71 of the Law on the contract system). In the second case, if more than one application was submitted, but only one application was admitted by the customer to participate, the following procedure is established: the operator of the electronic site, within one hour after posting the protocol of consideration of applications on the electronic site, sends to the customer the second part of the application, as well as the documents of the bidder who submitted it. formed in the process of accreditation of the participant (with the exception of the e-mail address), and also within the same period, a notification is sent to the participant; 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 documents shall consider this application and these documents for compliance with the requirements of the Law on the Contract System and Documentation
• electronic auction and sends to the operator of the electronic platform a protocol for considering a single application; if this participant and the application submitted by him are recognized as complying with the requirements of the Law on the Contract System and the documentation on the electronic auction, a contract is concluded with this participant (subject to the customer receiving the approval of the FAS Russia). It is important to remember that the Customer needs to make changes to the schedule, then he purchases from a single supplier (contractor, contractor) in accordance with paragraph 25

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal bodies of the FAS Russia Rosoboronzakaz From 01.01.2015, if the electronic auction is declared invalid, the approval of the conclusion of a contract with the sole supplier with the control body is not required. Federal Law No. 498-FZ of December 31, 2014 amended Clause 25, Part 1, Art. 93 44-FZ, in accordance with which, if the electronic auction was declared invalid on the grounds provided for in p. 1 - 3.1 Art.

Article 71. Consequences of declaring an electronic auction invalid

Of the Federal Law and contained on the date and time of the expiration of the period for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 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 the documents specified in clause 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 on such an auction and sends to the operator of the electronic platform a protocol of summing up the results of such an auction, signed by the members of the auction commission.

Publication of the minutes if no applications have been submitted

Of the Federal Law and contained on the date and time of the expiry of the period for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 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 participant of such an auction who has submitted a single application for participation in such an auction; 3) the auction commission, within three working days from the date of receipt of the only 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 it to the operator of the electronic platform, the protocol of consideration of the only application for participation in such an auction, signed by the members of the auction commission.

Ipc-zvezda.ru

From July 1, 2018, Federal Law of December 31, 2017 N 504-FZ, paragraph 4 of Part 3 of Article 71 is amended. See text in future edition. 4) the contract is concluded in accordance with Clause 25 of Part 1 of Article 93 of this Federal Law in accordance with the procedure established by Article 70 of this Federal Law, with a participant in such an auction, an application for participation in which has been submitted: a) earlier than other applications for participation in such an auction, if several participants in such an auction and their applications have been recognized as complying with the requirements of this Federal Law and the 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 meeting the requirements of this Federal Law and the documentation on such an auction.

ConsultantPlus: note.

The auction did not take place, no bids were submitted

Then the notice of the repeated auction or request for proposals can be published on the website no earlier than November 12, 2016. As for the re-placing of the order, it can be again an electronic auction or, on the basis of paragraph 8 of part 2 of Article 83 - a request for proposals.
Part 3 of this article defines the rules for conducting the 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 bids, but for some reason did not have time, had enough time to solve all the problems and become a participant in the re-placed procurement.

The auction did not take place bids were submitted what to do according to fz 44

Of the Federal Law in connection with the fact that the auction commission made a decision on non-compliance with the requirements established by the documentation on the electronic auction, of all second parts of applications for participation in it, 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 conducting a request for proposals in accordance with clause 8 of part 2 of Article 83 of this Federal Law (in this case, the procurement object cannot be changed) or in another way in accordance with this Federal Law. (as amended by Federal Laws dated 28.12.2013 N 396-FZ, dated 04.06.2014 N 140-FZ) (see.

Failed auction

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

Federal Law, within the framework of which the issue of the conditions of the failed bargaining 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 pending at the site, it is she who is considered the winner. The key feature of declaring the auction invalid for this reason is the admission to participation in it of only one participant.

Attention

The customer can enter into a contractual agreement with a single participant. Consideration should be given to the conditions under which a contract can be signed.

Protocols on 44-fz: samples of documents

So, the tender is declared invalid if:

1. one application submitted;
2. lack of applications;
3. registered applications were submitted with violations and cannot be accepted by the commission;
4. in cases where there was no offer for a price at the specified time.

Failed auction - the consequences As we wrote above, depending on the reasons for the recognition of the 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 other established by law. Repeated bidding Carrying out re-bidding is also carried out on the basis of FZ-44.

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

If no bids have been submitted to the auction, you need to publish a protocol on declaring the purchase invalid. The site's functionality does not imply the automatic publication of the protocol on declaring the purchase invalid.

Log in to your Personal Account using an electronic signature. Find the auction in the Purchase 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 section “Purchases”; Or open the auction card in the "Events" section, then "Protocols" click the "Open the protocol form" button.

3. Select the auction commission in the "Commission" field (if necessary).
ФЗ) 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 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 purchase by conducting a request for proposals in accordance with clause 8, h. 2, Art. 83 44-FZ or in another way 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 authorized body for control over procurement (FAS, Rosoboronzakaz) (clause 25, part 1 of article 93 44-FZ) Conclusion of a contract with a single supplier (clause 4 of part 1 of article 71, clause 25 of part 1 of art.

Protocol on a failed auction 44 fz if no bids have been submitted

• at the end of the deadline for submitting applications for participation in such an auction, only one application for participation in it has been submitted,
• the auction commission made a decision 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 a proposal for the price of the contract,
• the auction commission made a decision on compliance with the requirements established by the documentation on 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.

• 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

In the Russian Federation, there are daily bankrupt organizations... Often, such enterprises or firms have property that must be sold in accordance with applicable law.

The property values ​​of debtors or bankrupts are sold at bankruptcy auctions. At the same time, if the property is sold, then all parties usually benefit from this. The buyer gets a bargain purchase at an attractive price, the 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 controls the further fate of the 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

The debtor's property (land plots, real estate, automobiles, securities) is sold within two months from the moment when the object was transferred 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, a larger number of potential buyers are attracted, and therefore the activity of the future struggle at the event indirectly increases and the likelihood of a more profitable sale increases.

It is noteworthy that not every organization can 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 of 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 offering.

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 profitable 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 point, it is necessary to mention the cases of failed auctions.

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 repeated auction 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 the makings were returned introduced by them earlier. However, there are some exceptions.

For example, if the winner refuses to sign the auction protocol and conclude a purchase and sale 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 auction organizers 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 lost 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 the failed auction is not beneficial to anyone, and each party is interested in their successful conduct. 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!

It has many nuances. The first thing a customer needs to know is that participation in a failed purchase cannot be called a loss. A supplier that has taken part in such a tender has certain risks, while it may also reap some benefits.

When the purchase is declared invalid

A distinction should be made between failed, invalid and canceled purchases.

Invalid purchase - the one during which the customer violated the provisions of the relevant legislation (44-ФЗ or 223-ФЗ) or the Civil Code of the Russian Federation. A contract entered into on the basis of an invalid auction must be terminated.

For certain reasons, the customer or the supervisory authority may cancel purchase at any of its stages.

Purchase is recognized failed when in fact there was no competitive definition of the supplier. Depending on the type of bidding, specific reasons may vary.

When trades in 44-FZ are declared invalid

It is worth considering the cases of failed purchases in the three most popular types of procurement procedures:

• no applications have been submitted;
• only one application has been submitted;
• only one application met the documentation requirements;
• the winner avoided signing the contract, and the second participant refused to conclude it (since he has a legal right to do so);
• according to the results of the pre-qualification selection, none of the participants met the requirements.

2. In the auction

• no applications have been submitted;
• only one application has been submitted
• all the first or all of the second parts of the applications do not meet the requirements;
• during the consideration of the first or second parts of applications, only one was admitted;
• within ten minutes from the beginning of the auction, not a single price bid was made;
• the winner avoided signing the contract, and the second participant refused to sign it;

3. In request for quotes

• no applications have been submitted;
• only one application has been submitted;
• all submitted applications were rejected by the commission;
• only one application was accepted by the commission.

Failed trades under 223-FZ

It has been repeatedly noted that Law 223-FZ is more loyal to the procurement procedure and the actions of customers. This also applies to their actions in cases of recognition of purchases as invalid: they are not determined by the law itself, and the Civil Code regulates only failed tenders and auctions.

Most customers take 44-FZ as a basis, replacing some conditions with more flexible ones. Other documents on which the actions of customers are based are the procurement regulation and the Law on the Protection of Competition.

Customer actions

1. When no supplier met the requirements

First, changes are made to the schedule. After 10 days, the customer can declare:

• repeated competition if the competition did not take place;
• on another procurement procedure if the auction did not take place;
• about a new purchase, if the request for proposals did not take place;
• on extending the deadline for submitting bids or conducting procurement in another way, if the request for quotations did not take place.

2. When only one supplier met the requirements

• the customer enters into a contract with him if a request for quotations or an auction was carried out;
• the customer will agree on the possibility of concluding a contract with the controlling body, if it was a request for proposals or a tender;

In the course of electronic auctions - the auction, according to the legislation, may not take place. The conditions for recognizing it as such are governed by Articles 66-69 of Law 44-FZ "On the contract system in the procurement of goods, works, services ...". This norm of the law describes the applicable procedure for conducting procedures on the electronic site.

In particular, the recognition of the auction as invalid allows you to sign a contract with one participant or to conduct the auction in another form.

The point is that when tenders are closed without bids, the state-owned enterprise gets the opportunity to select a supplier using the request for proposals method. Let's consider the most typical scenarios of failed trades.

The only request is the order of actions

The laws on electronic trading FZ-44 and FZ-223 are constantly being supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and to Art. 25 №44-ФЗ within the framework of which the issue of conditions of the failed bargaining is considered in more detail.

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 pending at the site, it is she who is considered the winner.

The key feature of declaring the auction invalid for this reason is the admission to participation in it of only one participant. The customer can enter into a contractual agreement with a single participant.

Consideration should be given to the conditions under which a contract can be signed. This is possible only with the participant (Art. 70 FZ-44), whose application fully meets the requirements. Please note that consideration of a single application is possible if, within 10 minutes after the start of the auction, the supplier submitted a proposal for cost (Article 68 FZ-44, Part 20). At least it should be 0.5% lower than the NMCK.

If the auction did not take place and none of the bids meets the requirements, then the customer can carry out the purchase by the request for proposals method.

The auction was declared invalid - no bids were submitted

If, taking into account the requirements of Federal Law 44, not a single application was registered, then the auction was also declared invalid. In most cases, this entails a repeated tender, regulated by articles of the federal law. Also, this is true if the participants did not begin to conclude a contract for the execution of an order for this purchase.

So, the tender is declared invalid if:

one application submitted;

lack of applications;

registered applications were submitted with violations and cannot be accepted by the commission;

in cases where there was no offer for a price at the specified time.

Failed auction - consequences

As we wrote above, depending on the reasons for recognizing a failed bargaining, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or other established by law.

Repeated bidding

The re-bargaining is also carried out on the basis of FZ-44. At the moment, the state customer has the right to select a counterparty only by the request for proposals, but soon new amendments are expected that will require additional. approvals.

In order to apply for participation in the auction without violations and meeting the requirements of the customer, it is best to contact the specialists. RusTender already has significant experience in this area, so it will be able to prepare all the necessary documents with high quality and in a short time and transfer them to the site for participation in the auction.

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