In accordance with 44-FZ, the customer has the right to refuse to carry out the announced purchase, observing established deadlines. Article 36 of Federal Law 44 regulates the general procedure for refusing all methods of selecting contractors, except for requesting proposals. According to the law, the customer has the right to cancel the determination of the supplier of goods or services to fulfill the contract no later than 5 days before the deadline for submitting applications.

If trading is carried out in the form of a request for quotation, then the deadlines are set no later than 2 days.

After expiration of this period, cancellation electronic auction under 44 Federal Law is possible only due to the occurrence of force majeure circumstances, i.e. in case of force majeure. Circumstances that fit this definition are regulated by civil law, namely in paragraph 3 of Art. 401 Civil Code of the Russian Federation.

After the conclusion on the cancellation of the auction under 44-FZ, the auction organizer must formalize:

decision to cancel;

cancellation order.

Let's consider what a Decision is - it reflects the very fact of taking this action and indicates the reasons for which it was taken.

The second document is the Order. It reflects that the decision was made reasonably, and also indicates further actions resulting from this circumstance.

Cancellation of the auction under 44-FZ - reasons

The reasons for this decision may be various factors:

• the customer may decide that choosing a supplier in this way is inappropriate
• or it may turn out that there is not enough funding to complete the contract.

In such cases, the customer can cancel the purchase no later than 5 days before the deadline for accepting applications.

But force majeure also happens. Let us consider more specifically what exactly can be classified as such cases.

The Civil Code of Russia has an article defining force majeure, namely Art. 401 Civil Code of the Russian Federation.

It says that this concept can include irreversible emergency circumstances that cannot be avoided or prevented under given conditions. The code does not provide a specifically formulated list of cases that fit the concept of force majeure; it is limited only by a general definition.

Cancellation of electronic auctions - actions and consequences

According to Part 3 of Art. 36 FZ-44, a notice of cancellation of an auction by the customer must be posted in the Unified Information System on the Internet, and he is also obliged to notify all bidders who submitted bids about this decision, if he has contacts for these performers.

It is worth noting that the customer does not have the right to give participants access to documents submitted in the electronic application. It is necessary to make changes to the schedule no later than one working day after the decision is made.

After posting the notice of cancellation of the auction under 44-FZ in the UIS, electronic trading platform, where the auction was held, must notify all participants who have expressed a desire to take part in the procurement about it one hour in advance. A letter containing a notice of cancellation, as well as the reasons for making this decision, is sent to the email address specified during accreditation on this ETP.

In conclusion, we can say that the customer can cancel the procurement, the main thing is that this complies with the rules and regulations established by law.

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Russian Federation O contract system in the field of procurement, or violation by these persons of the procedure for providing tender documentation or auction documentation, the procedure for explaining the provisions of such documentation, the procedure for accepting applications for participation in determining the supplier (contractor, performer), final proposals, except for the cases provided for in parts 1 - 1.3 of this article - entails the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; on legal entities- fifty thousand rubles. For example, you can also do this (if the decision to cancel was posted in violation of the deadlines): h. 1 tbsp.

How to cancel an electronic auction

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Is it possible to cancel an electronic auction after the receipt of applications for the first part if the customer made an error in the technical specifications for the unit of measurement? Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

• GOST is incorrectly indicated in the product description, is this grounds for canceling the electronic auction?
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Auction cancellation

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 the electronic platform; 2) operator electronic platform 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 the customer receives the second parts of applications for participation in such an auction of its participants and the documents specified in paragraph 1 of this part, reviews 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 platform a protocol for summing up the results of such an auction, signed by members of the auction commission.

Article 71. Consequences of declaring an electronic auction invalid

Therefore, it would be advisable to stipulate the following circumstances in the contract: floods, earthquakes, fires, transport accidents, publication of prohibitory regulations, civil unrest, riots, war and hostilities, personnel strikes.

Circumstances of force majeure: controversial issues The classification of events in social life (popular unrest, hostilities, blockades and strikes) as circumstances of force majeure is a controversial issue.

In Soviet civil law For a long time there was an opinion that such a reference to social phenomena as an irresistible force was unacceptable.

Attention

Currently, not any of these circumstances can be recognized as force majeure.

Cancellation of electronic auction

Federal Law and documentation on such an auction, in accordance with paragraph 25 of Part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law.
2.

Important

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

See the text in a future edition.

What to do if only one application for an electronic auction is submitted

Art. 36.1. Law on the Contract System: » The customer has the right to cancel the determination of the supplier (contractor, performer) for one or more lots, with the exception of conducting a request for proposals, no later than five days before the deadline for filing applications for participation in a competition or auction, or no later than two days before the deadline for submitting applications to participate in the request for quotations.

After posting in the unified information system a notice about the cancellation of the determination of the supplier (contractor, performer), the customer does not have the right to open envelopes with applications from procurement participants or open access to applications submitted in the form of electronic documents.

After posting a notice of cancellation of an auction under 44-FZ in the Unified Information System, the electronic trading platform on which the auction was held must notify all participants who have expressed a desire to take part in the procurement one hour in advance. A letter containing a notice of cancellation, as well as the reasons for making this decision, is sent to the email address specified during accreditation on this ETP.
In conclusion, we can say that the customer can cancel the procurement, the main thing is that this complies with the rules and regulations established by law.

Articles on the topic: Rejection of an application for participation in an auction under 44-FZ Securing an application under 44-FZ Timing of an electronic auction under 44-FZ © LLC MCC "RusTender" The material is the property of tender-rus.ru.

Artend wrote: You can cancel the auction according to: Article 362. After the expiration of the period for canceling the determination of the supplier (contractor, performer) in accordance with Part 1 of this article and before the conclusion of the contract, the customer has the right to cancel the determination of the supplier (contractor, performer) only in the event of force majeure circumstances in accordance with civil law Definition and signs of force majeure circumstances Force majeure circumstances are mentioned in the third paragraph of Article 401 Civil Code RF.

They are defined as “extraordinary and unavoidable under the given conditions.”

However, neither international nor domestic legislation contains a complete and mandatory list of them. legislative framework Therefore, in the absence of a specific list of circumstances in the contract that the parties consider insurmountable, disagreements will inevitably arise later.

One application for an electronic auction has been submitted, does the customer have the right to cancel?

From all of the above, we can conclude that the placement by the customer on the official website of a notice of procurement earlier than 10 calendar days from the date of changes to the schedule posted on the official website will violate the provisions of the legislation of the Russian Federation on the contract system.

This applies only to those purchases for which changes have been made to the schedule posted on the official website. Let's consider the joint Order of the Ministry economic development Russian Federation and Federal Treasury dated December 27, 2011
No. 761/20n "On approval of the procedure for posting on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of schedule plans for placing orders for the supply of goods, performance of work, provision of services for the needs of customers" ( hereinafter referred to as Order No. 761/20n).

If only one application is submitted to participate in the auction, then the auction, in accordance with Part 16 of Article 66 of 44-FZ, is declared invalid. The operator of the electronic platform sends a notification that the application is the only one to the participant on the submission deadline or on the next business day.

This period is determined by paragraphs 1, 2 of part 1 of Article 71.

Deadline for consideration of applications and publication of protocols At the same time, both parts of the application are sent to the customer at once.

He is obliged to consider them within three working days from the date of receipt, regardless of the deadlines established by the notice.

The customer can do this faster, but he has no right to delay the process.

If this happens for any reason, the participant has the right to file a complaint with the Federal Antimonopoly Service.
After the conclusion on the cancellation of the auction under 44-FZ, the auction organizer must formalize:

1. decision to cancel;
2. cancellation order.

Let's consider what a Decision is - it reflects the very fact of taking this action and indicates the reasons for which it was taken. The second document is the Order. It reflects that the decision was made reasonably, and also indicates further actions resulting from this circumstance. Cancellation of the auction under 44-FZ - reasons The reasons for this decision may be various factors:

• the customer may decide that choosing a supplier in this way is inappropriate
• or it may turn out that there is not enough funding to complete the contract.

In such cases, the customer can cancel the purchase no later than 5 days before the deadline for accepting applications. But force majeure also happens.

Preparation of an application for any type of purchase Within 1 working day, in accordance with all the requirements of the customer’s tender documentation Cancellation of the auction under 44-FZ - reasons The reasons for this decision may be various factors: the customer may decide that choosing a supplier in this way is inappropriate or it may turn out that there is not enough funding to conclude the contract.

Creation of a notice in the UIS about an electronic auction under 44 Federal Laws

Together, the FAS and the Ministry of Economic Development selected six sites, which subsequently became the main federal ones.

Let's name the sites and their sites on the World Wide Web:

The program is developed according to methodological recommendations Ministry of Economic Development of Russia and Ministry of Education and Science of Russia and fully complies with Profstandart.

1. Decision to cancel.

1. Order to cancel the UAEF, electronic.

Few tenders in the right direction

How to cancel an electronic auction

Cancellation of an electronic auction is possible in the following cases:

Procedure and terms

Art. 36 44-FZ establishes general requirements to the procedure and timing of cancellation: it is possible to cancel the determination of the supplier of the electronic auction at least five days before the deadline for submitting applications.

The customer has the right to cancel an electronic meeting later than the specified date and before the conclusion of the contract, only if force majeure circumstances arise, that is, in emergency and unpreventable situations (clause 3 of Article 401 of the Civil Code of the Russian Federation).

Procedure algorithm

Determine the need to refuse the auction and record the reason why the procurement is inappropriate.

Step 2. Make sure that the deadlines allow this to be done (at least five days remain until the end of accepting applications). We remind you that if necessary, you can first make changes to your order.

Make a decision and issue a refusal to carry out the order.

A sample of this document can be downloaded below.

Step 5. Correct the information in the schedule.

The customer is obliged to do this no later than the next working day after the date of the decision.

— preparation for an electronic auction; — preparation of documents for holding an electronic auction; — posting information about the electronic auction; — identification of electronic participants; — determination of the winner of the electronic auction; — concluding a contract with the winner of the electronic auction.

Let's consider the main points of these stages.

Guide to participation in procurement

Read more about selection methods Procurement is a form of placing an order for the supply of goods and services. The purchase is carried out by the customer using competitive or non-competitive methods of selecting suppliers. Procurement is divided into 3 groups depending on the customers:

• Government procurement under 44-FZ - state and municipal organizations

• On 05/17/2018
• 0 Comments
• 44-FZ, EIS, Purchases from sole supplier, Request for quotations, Request for proposals, Competition, NMCC, FAS, Electronic auction, ETP

The customer announced an auction in accordance with Law 44-FZ, the participants prepared and submitted applications. Usually, the customer then considers their first parts, after which bidding takes place, and based on the results of consideration of the second parts of applications, the winner is determined. However, sometimes it doesn’t get to the point of bidding - the customer cancels the auction. When is this possible and in what order does it happen? We'll talk about this in today's article.

When can an auction be cancelled?

The Law on Public Procurement does not contain a closed list of reasons on the basis of which it is possible cancel the procedure. For example, this may happen in cases where:

• the customer is convinced that it is inappropriate to purchase through an auction;
• the need for the procurement object has disappeared;
• conditions have changed, including a lack of funding;
• the corresponding FAS order was issued;
• force majeure circumstances occurred (force majeure);
• cancellation is required by the results of public discussion.

As you know, all purchases from NMCC are more than 1 billion rubles are undergoing a public discussion process. It starts from the moment the procurement plan is posted and ends 3 days before the supplier determination can be canceled. Sometimes, following a public discussion, a purchase has to be cancelled.

What does auction cancellation mean?

Cancellation of an auction means refusal to hold it further. If applications have already been submitted, they cannot be opened. If separate lots are allocated in the auction, then you can cancel the procedure in relation to one or more of them.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Unified register procurement participants) on the EIS portal (Unified information system) in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

The customer must document the refusal of the auction, that is, draw up a decision to cancel the purchase. On the same day it is due placement in the EIS. From the date on which such a decision is posted, the purchase is considered cancelled. The customer needs to make changes to the schedule because he has changed his purchasing activities.

The mentioned rules apply not only to the electronic auction, but also to all types of procurement, except for requests for proposals. This procedure does not provide for making corrections to the notice and other documents, as well as canceling the purchase.

Cancellation dates

An electronic auction, like one, can be canceled no later than 5 days before the application deadline expires. You can announce the cancellation of a request for quotes 2 days before the end of this period. Moreover, regarding the auction in electronic form, then within an hour after the notice of cancellation of the procedure is published, the trading platform returns applications to participants.

The only case when an electronic auction can be canceled later than the deadline specified above is in case of emergency. This refers to circumstances that could not be prevented or avoided (Article 401 of the Civil Code). If this happens, you can cancel the auction until the contract is signed.

Cancellation procedure

Cancellation of an auction takes place in several stages:

1. Written form decisions to cancel the auction. Read below about what it should contain.
2. Compilation order to cancel the auction. It must include details of the decision and activities that will follow the cancellation.
3. Publication of information about auction cancellation in the EIS. Once posted, the auction is considered cancelled.
4. Notification of participants who submitted applications. This responsibility rests with the customer.
5. Changing the schedule. It must be done within the next business day from the moment the decision to refuse the auction is made. In this case, in column 14 of the schedule, you must indicate the reason why the auction was cancelled.

Decision to cancel the auction

When the customer decides to cancel the auction, he must formalize his decision in the form of a document containing following data:

• customer name;
• date of compilation;
• subject of purchase;
• notification number in the UIS;
• information about the person responsible for placing the decision to cancel the auction and adjust the schedule (contract manager, contract service employee).

Consequences

As for suppliers, they receive procedure cancellation notices. In addition, the ETP removes the blocking of funds in the amount of the bid security for the canceled auction.

Participants sometimes have a question - Is the customer responsible for canceling the procedure? After all, suppliers spent time studying the documentation and drawing up the application. The answer is clear - no, the customer does not bear any responsibility for refusing the auction (or any other procedure that can be cancelled). Of course, provided that the cancellation occurred within the prescribed period. The exception is when the supplier has suffered losses due to dishonest actions of the customer - then he can hold the latter accountable through the court.

Often, tenders are accompanied by significant violations of the rights of other participants. There are frequent cases of illegal exclusion from participation in an auction, as well as cancellation (non-acceptance) of a bid (step) in the auction. We will not list all the reasons for such actions on the part of the state customer, but they are obvious. However, this does not mean that nothing can be done. Our practice shows that canceling an auction is possible, and sometimes simply necessary. To do this, it is important to follow the right steps.

How can we help in case of an illegal auction?

study of auction errors

By virtue of Art. 449 of the Civil Code of the Russian Federation, auctions held in violation of the rules established by law may be declared invalid by the court at the request of an interested person. This means that the first step is to set priorities legally and see the most important mistakes during bidding. Our lawyers will carefully review your case and documents and determine what tactics should be used to cancel the auction results.

The formal reasons for canceling the auction are listed in the law and among them:
- failure to comply with the deadline for accepting applications for participation in the auction (at least 25 days - Article 18 of the Federal Law 178) when selling state property;
- illegal refusal of admission to participate in the auction;
- incorrect determination of the winner, etc.

In which body should the auction be cancelled?

According to Part 1 of Art. 105 Federal Law No. 44 any procurement participant, as well as those exercising public control public associations, associations of legal entities in accordance with the legislation of the Russian Federation have the right to appeal in court or in the manner established by this chapter, to the control body in the field of procurement, actions (inaction) of the customer, authorized body, authorized institution, specialized organization, procurement commission, its members, officials of the contract service, contract manager, operator of the electronic platform, if such actions (inaction) violate the rights and legitimate interests of the procurement participant. The explanation of the control body is given in Art. 99 Federal Law No. 44, however, this decoding is very confusing, but in the end it turns out that you can file a complaint about the auction with the FAS Office for the relevant region. If this body does not satisfy the applicant’s demands, this decision FAS can be appealed in court.

auction appeal period - 10 days

Appealing actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, official contract service, contract manager, operator of an electronic platform in the event that these actions (inaction) were committed when determining a supplier (contractor, performer) through an electronic auction, carried out in the manner established by this chapter, at any time during the determination of a supplier (contractor, performer), as well as during the period of accreditation on the electronic platform, but no later than ten days from the date of posting on the electronic platform the protocol for summing up the results of such an auction or the protocol for considering applications for participation in such an auction or the protocol for conducting such an auction in the event that such an auction is declared invalid. A complaint about the provisions of the documentation about such an auction may be filed by a procurement participant before the deadline for filing applications for participation in such an auction. Moreover, if the complained of actions (inaction) were committed after the start of consideration of applications for participation in such an auction, appeal of these actions (inaction) can only be carried out by the procurement participant who submitted an application to participate in such an auction. If the appealed actions (inactions) were committed during the consideration of the second parts of applications for participation in an electronic auction or when concluding a contract, the appeal of these actions (inactions) is carried out before the conclusion of the contract. After specified deadlines appeal of these actions (inaction) of the customer, authorized body, authorized institution, specialized organization, operator of an electronic platform, auction commission is carried out only in court.

cancellation of auction through court

If the Federal Antimonopoly Service makes a negative decision to cancel the auction, then the applicant who does not agree with this decision has the right to appeal to general procedure to the arbitration court. The motivation for canceling the FAS decision must be identical to that contained in the complaint to the FAS itself. In fact, what is being challenged in court is not the auction itself, but the attitude towards its holding on the part of the control body.

Contact our company and we will definitely help you resolve the issue of canceling the auction (bidding)! And if we can’t, then we’ll say so!