Federal Law No. 44 was issued to regulate contractual relations in the field of government procurement of goods, works, and services that are necessary to meet state and municipal needs.
Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, and 5 days later it was approved by the Federation Council. The effective date of the law is April 5, 2013.
- (Art. 1-15) The general provisions of this law are described, i.e. in what area it is applied, basic concepts, principles of concluding contracts, etc.;
- (Art. 16-23) Rules for planning public procurement are described here;
- (Article 24-96) Describes the rules by which government procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
- (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
- (Art. 99-104) This chapter was frequently amended because it is one of the important components of Federal Law 44 for dummies; the articles in this chapter regulate control in the field of public procurement;
- (Art. 105-107) This part of the legislative act contains information on dispute resolution;
- (Articles 108-111) Each article in this chapter is devoted to the peculiarities of concluding and executing a contract for certain types of government procurement;
- (Art.-112-114) Final chapter contains final information of Federal Law 44 for dummies.
In the above chapters government authorities made changes on June 7, 2017. Federal Law 44 came into force for dummies on June 18, 2017.
Highlights
To participate in government procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):
- meet the criteria specified in Russian legislation so that persons have the right to supply goods (services);
- the supplier's company is not at the stage of bankruptcy or liquidation;
- the activities of the supplier’s company are not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
- the supplier’s organization has no debt obligations for taxes and fees;
- the person acting as a potential supplier should not have a criminal record in the field of economic crimes;
- according to 44 Federal Law for Dummies, there is no conflict of interest when concluding a contract;
- The supplier's company does not belong to offshore organizations.
Conditions for public procurement:
- All transactions for the purchase of goods (services) are concluded through a specially designed website;
- Customers indicate their data in the system (data is indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
- All potential suppliers have the right to search engine find suitable orders on the government procurement website, then take part in the auction;
- According to 44 Federal Laws for Dummies, when the customer chooses the most profitable option for himself, he enters into a contract with the supplier. Based on the contract, the parties fulfill their obligations.
Difference between Federal Law 44 and Federal Law 223
The procurement system in both laws is the same, but according to Federal Law 44 there is a limitation for dummies - government procurement is carried out only from one supplier.
The requirements for customers in both laws are different.
According to Federal Law 44 for dummies, the following can act as customers:
- state budgetary institutions;
- municipal.
According to Federal Law 223 for dummies, the following have the right to act as customers:
- enterprises where the state share is more than 50%;
- organizations engaged in certain types of activities - water supply, energy, etc.;
- monopolistic organizations - gas, Russian Railways, etc.;
- budgetary organizations that carry out public procurement using extra-budgetary funds (for example, through grants).
Procurement under 44 Federal Laws: where to start?
It is difficult to begin the procedure for participation in public procurement. All the most important things you need to know from Federal Law 44 on government procurement:
- study Federal Law 44 for dummies;
- prepare a package of documents confirming the organization’s rights to participate in the auction;
- prepare a package of documents for the product (service) that meets the customer’s requirements;
- develop a system of activities that are carried out before the conclusion of a contract;
- appoint responsible persons for carrying out events.
To conclude a contract, it is necessary to take into account the deadlines established by Federal Law 44.
Download the text of the law
According to Federal Law 44 for dummies, government procurement is divided into:
- competitions;
- auctions (electronic ordering);
- quotes;
- government procurement from sole supplier.
To become a supplier, you need to study Federal Law 44 for dummies. You can download the Federal Law “On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs” at .
Art. 3 reveals the term determination of supplier (contractor, performer), as a set of actions, starting from the placement of a procurement notice or invitation and ending with the conclusion of a contract. That is, the law provides a complete definition of all stages of the procurement process and should be a reference book for all its parties.
The procurement procedure includes, according to Federal Law-44:
- Placement of procurement plans and schedules
- Preparation and placement of procurement documentation
- Determination of supplier (contractor, performer)
- Conclusion of a contract
- Acceptance of goods, works, services
- Posting reports
Cancellation of the supplier determination is possible no later than 5 days before the deadline for submitting applications for the competition and auction and no later than 2 days for requesting quotations.
Planning of purchases according to 44-FZ
Chapter 2 consists of 8 articles (vv. 16-23). It regulates planning, justification, rationing, information about the NMCP (initial maximum contract price), and identification of purchases.
According to 44-FZ, the state customer is obliged to plan purchases, post procurement plans and schedules. Thus, before the procurement is announced, you can plan your participation and search for a tender, waiting for its publication by the customer.
Procurement plans under 44-FZ
Procurement plans should include:
- Purchase identification code
- Purpose of the purchase
- Name of procurement objects
- Amount of funding
- Timing, frequency
- Justification of the initial maximum price and method of determining the supplier
Schedules according to 44-FZ
Schedules should include:
- Identification code
- Name and description of the procurement object
- Specifications:
- quantity of goods
- scope of work or service
- deadlines
- periodicity
- starting price
- advance amount
- payment stages
- Additional requirements for participants and their justification
- Method for identifying a supplier and its rationale
- Procurement start date
- Information about securing the participant’s application and securing the execution of the contract
The schedule (PG) is developed for 1 year. Approved within 10 working days after the customer receives the scope of rights in monetary terms. The PG is posted in the UIS within 3 working days. Procurements that are not included in the schedules are prohibited.
Features of procurement planning within the framework of the State Defense Order (state defense order) are established by 275-FZ “On State Defense Order”.
Procurement under 44-FZ
Chapter 3 makes up more than half the volume of 44-FZ, consists of 7 paragraphs, including 73 articles (Articles 24-96).
This is the most important section for suppliers. It defines types of procurement, stages, deadlines, requirements, etc.
Paragraph 1 – general provisions of the third chapter. Consists of 24 articles and describes:
- ways to identify suppliers
- centralized procurement
- participation in procurement of special entities
- requirements for procurement participants under 44-FZ
- evaluation of applications
- application support forms
- contract service concepts
- specialized and expert organizations
Methods for determining a supplier according to 44-FZ
Paragraph 2 – identification of suppliers through competitions and auctions. Covers 24 articles.
When determining a supplier, customers use competitive methods or purchases without tendering under 44-FZ (purchase from a single supplier).
Competitive methods for determining a supplier under 44-FZ
- Open competitions
- Open competition
- Limited Participation Competition
- Two-stage competition
- Closed competitions
- Closed competition
- Closed competition with limited participation
- Closed two-stage competition
- Auctions
- Electronic auction
- Closed auction
- Request for quotation
- Request for proposals
Evaluation of applications under 44-FZ
The customer evaluates applications according to the following criteria
- Operating costs
- Characteristics
- Quality
- Functional
- Environmental
- Qualification
- Financial resources
- Equipment and other material resources
- Experience in the subject of the contract
- Business reputation
- Qualification of specialists
The customer is obliged to indicate in the documentation a list of criteria and their significance.
At the proposal preparation stage, you can estimate how many points each evaluation criterion can bring.
There can be at least 2 criteria, the obligatory one of which is price. In this case, for example, the importance of operating costs cannot be higher than the price.
The procedure for evaluating applications and criteria are established by Government Decree No. 1085 “On approval of the rules for evaluating applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs” dated November 28, 2013, the latest version of which was adopted in 2016.
The calculation formulas specified in it for assessing the application are not clear to every customer and supplier.
Description of the procurement object under 44-FZ
When describing the procurement documentation, the customer must be guided by the rules
- Objective nature of the description
- Characteristics are indicated
- Functional
- Technical
- Quality
- Operational
- Requirements should not be included
- Trademarks, service marks
- Brand names
- Patents, utility models
- Industrial designs
- Name of place of origin of the goods
- Manufacturer's name
- Requirements limiting the number of procurement participants
There are exceptions to these rules. It is possible to indicate trademarks if it is intended to use goods the supply of which is not the subject of the contract.
In this case, the description must include the word “or equivalent”, except in cases of incompatibility of goods or the purchase of spare parts and consumables.
When describing the procurement object, the customer may include
- Specifications
- Plans, drawings, sketches
- Photos
- Results of work and testing
- Requirements for testing and their methods
- Requirements for packaging, marking, labels
- Confirmation of compliance of production processes and methods with technical regulations, standards and conditions
- Conventions and terminology
All goods must be new, not used, repaired or refurbished, unless expressly stated in the documentation.
If necessary, the customer can set requirements
- By the warranty period
- Scope of guarantees
- Warranty service
- To the costs of operating the product
- Mandatory installation and commissioning
- To train persons using and servicing the product
Any participant has the right to send the customer a request for clarification under 44-FZ. The response time to a request for clarification of the provisions of the documentation is two days.
Contract service under 44-FZ
The contract service is needed for planning and implementation by the customer of purchases of goods, works, services to meet state or municipal needs.
According to 44-FZ, the customer is obliged to create a contract service if the volume of purchases under 44-FZ exceeds 100 million rubles per year.
If the procurement volume is less than 100 million, the customer has the right to create a contract service or appoint a responsible person - a contract manager.
The contract service operates on the basis of standard regulations (regulations) approved by Order of the Ministry of Economic Development dated October 29, 2013 N 631 (as amended on October 24, 2016).
The number of contract personnel is at least two people. It is not necessary to create a structural unit; it is enough to approve a permanent composition of employees performing the functions of a contract service and appoint a manager.
Requirements for the qualifications of a contract manager or contract service employees - higher education or additional professional education in the field of procurement.
The basic functions and powers of the contract service are varied and stem from 44-FZ. In order to fulfill them, contract service employees should not disclose information, enter into negotiations with procurement participants, and may involve expert organizations in the work.
Other powers of the contract service:
- Consultations with suppliers, contractors, performers to determine the competitive environment, the best technologies and solutions for ensuring public procurement
- Mandatory public discussion of the procurement of goods, works, services
- Approval of requirements for purchased goods, works, services
- Participation in the consideration of cases of appealing the actions or inaction of the customer to the FAS, claims work
- Development of draft customer contracts
- Checking the bank guarantees of the supplier, contractor, performer
- Arranging the return of funds as security for an application or contract security
Expert organization for 44-FZ
The customer engages experts and expert organizations in accordance with 44-FZ to perform functions, for example, acceptance of goods, works, and services.
Expertise under 44-FZ cannot be carried out:
- Individuals
- Officials or employees of the customer (acting or having been them over the past two years)
- Persons having property interests under this contract
- Close relatives of the customer’s manager, members of the contract service, procurement commission
- Officials or employees of the contractor, supplier, performer
- Legal entities in which the customer or supplier under the contract have shares of 25% or more
- Natural or legal persons who may be directly or indirectly influenced by the supplier or customer
Contract under 44-FZ
Several articles are devoted to the terms of the contract, the procedure for its conclusion, amendments and termination in 44-FZ. Art. 34 sets out general principles. The contract (agreement) is concluded on the terms and conditions provided for in the notice, invitation, documentation, application and final offer of the participant.
The term for concluding a contract under 44-FZ is on average from 10 to 20 days from the date of publication of the protocol. At the same time, the supplier contributes security for the execution of the contract under 44-FZ. The most popular method is a bank guarantee to ensure the execution of the contract.
An increase in the contract price is possible at the customer’s initiative by no more than 10% if the quantity of goods supplied increases. The procedure for concluding a contract is described separately for each type of supplier determination.
Tenders under 44-FZ
Federal Law 44-FZ on the contract system does not use the concept of “tender”, which is widely used among suppliers and in the business environment.
Tender is synonymous with identifying a supplier on a competitive basis, which is referred to in law as “procurement”. 44-FZ suppliers sometimes call bidding law or the federal law on tenders and auctions.
Analysis of tenders under 44-FZ is a necessary step before making a decision on participation in the procurement. Study the notice, documentation, terms of reference, draft contract. To participate in tenders under 44-FZ, you will need to provide application security.
Open competition under 44-FZ
Art. 48-55 determine the conditions for holding an open tender (Article 48), documentation requirements, the procedure for submitting and considering applications, and concluding a contract. Participation in an open competition presents major difficulties for suppliers. The customer evaluates bids according to a variety of criteria (Article 53).
An application for participation in an open competition under 44-FZ is submitted in paper form in a sealed envelope.
Applications can be thousands of pages long, weigh tens of kilograms and require weeks to prepare. Most often, the competition is called a tender.
Electronic auction under 44-FZ
IN electronic auction The supplier who offers the lowest contract price wins.
Bidding under 44-FZ goes down from the initial price per auction step.
Art. 59-71 regulate the conduct of an electronic auction (Article 59), starting from accreditation on electronic platforms (Article 61) to the conclusion of a contract.
The law does not provide a list of electronic trading platforms where electronic auctions are held, so suppliers will have to independently understand the nuances of accreditation and filing an application for an auction, which consists of 2 parts. If the participant was rejected according to the second part of the application 44-FZ, re-read the list of documents (clause 5 of Article 66).
The customer cannot arbitrarily decide which goods, works or services he will purchase at the auction and which not.
He is obliged to conduct procurement in the form of an auction, according to the list of goods, works, services, in the case of procurement of which the customer is obliged to conduct an auction in electronic form(electronic auction), approved by order of the Government of the Russian Federation.
Request for quotations under 44-FZ
Articles 72-79 describe the determination of a supplier by conducting a request for quotations (Article 72). The requirements for conducting a request for quotations (Article 73), the procedure for conducting (Article 74), filing, consideration and evaluation of applications (Article 78) are established.
Request for quotations is the most accessible format for participation in government procurement. To prepare a quotation application under 44-FZ, no digital signature is required for electronic trading
Applications are submitted in paper form in envelopes and certified in the traditional way using a signature authorized person and the seal of the organization.
4-7 paragraphs 44-FZ contain a total of 14 articles. They establish the determination of a supplier by conducting a request for proposals, closed methods of identifying suppliers, procurement from a single supplier and features of execution, modification, termination and provision of a contract.
Request for proposals under 44-FZ
The sixth and seventh chapters include 8 articles and contain the procedure for appealing violations of the law and the specifics of certain types of procurement, such as energy service contracts and state defense orders.
The eighth chapter of 44-FZ consists of 3 articles and contains the final provisions and the procedure for the entry into force of certain articles of the law, which, as mentioned above, come into force sequentially over a period of 3 years, starting from January 1, 2014, ending on January 1, 2017 year.
Help under 44-FZ
If you have difficulties applying 44-FZ or do not yet know the provisions of this law, you can contact our specialists.
Federal Law No. 44-FZ dated 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) allows for changes to the terms of the contract in the following cases:
- when concluding a contract- in accordance with Part 18 of Article 34 of Law No. 44-FZ, the customer, in agreement with the procurement participant with whom the contract is concluded in accordance with Law No. 44-FZ, has the right to increase the quantity of goods supplied by an amount not exceeding the difference between the contract price offered such participant, and the initial (maximum) price of the contract (lot price), if this right of the customer is provided for in the tender documentation, auction documentation. In this case, the price of a unit of goods should not exceed the price of a unit of goods, determined as the quotient of the contract price specified in the application for participation in the competition or proposed by the auction participant with whom the contract is concluded, by the quantity of goods indicated in the notice of the competition or auction;
- when executing a contract- in accordance with Part 1 of Article 95 of Law No. 44-FZ, changes in the essential terms of the contract are not allowed, except for their changes by agreement of the parties:
1) if the possibility of changing the terms of the contract was provided for by the procurement documentation and the contract, and in the case of a purchase from a single supplier (contractor, performer) by the contract:
a) when the contract price is reduced without changing the quantity of goods, volume of work or service provided for in the contract, the quality of the goods supplied, the work performed, the service provided and other terms of the contract;
b) if, at the customer’s proposal, the quantity of goods, the volume of work or services provided for in the contract is increased by no more than ten percent or the quantity of goods supplied, the volume of work performed or services provided under the contract is reduced by no more than ten percent. In this case, by agreement of the parties, changes are allowed taking into account the provisions of budget legislation Russian Federation the contract price is proportional to the additional quantity of goods, additional volume of work or services based on the unit price of goods, work or services established in the contract, but not more than ten percent of the contract price. When reducing the quantity of goods, volume of work or service provided for in the contract, the parties to the contract are obliged to reduce the contract price based on the unit price of the goods, work or service. The price of a unit of additionally supplied goods or the price of a unit of goods in case of a decrease in the quantity of supplied goods provided for in the contract must be determined as the quotient of dividing the original contract price by the quantity of such goods provided for in the contract.
Article 70 of Law No. 44-FZ establishes the procedure for concluding a contract based on the results of an electronic auction.
In accordance with Part 2 of Article 70 of Law No. 44-FZ, a draft contract is drawn up by including the contract price proposed by the participant in the electronic auction with whom the contract is concluded, information about the product (trademark and (or) specific indicators of the product) specified in the application for participation in the auction of its participant, in the draft contract attached to the auction documentation.
Based on the results of the electronic auction, the customer calculates the price per unit of goods (work, service), which is included in the draft contract sent to the winner of the electronic auction.
When the price proposed by a participant in an electronic auction is included in the draft contract, the price per unit of goods (work, service) must be reduced in proportion to the reduction coefficient based on the results of the electronic auction. The sum of prices per unit of goods (works, services) must correspond to the price offered by the winner of the electronic auction and specified in the protocol of the electronic auction.
In accordance with the provisions of Part 4 of Article 70 of Law No. 44-FZ, the auction winner is allowed to post a protocol of disagreements in the unified information system no later than thirteen days from the date of posting in the unified information system the protocol for summing up the results of the electronic auction. In this case, the winner of the auction with whom the contract is concluded indicates in the protocol of disagreements comments on the provisions of the draft contract that do not correspond to the notice of such an auction, the documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.
Law No. 44-FZ does not provide for restrictions related to the number of placements of this protocol, taking into account the specified period.
As is known, 44 Federal Procurement Law provides for liability for non-compliance with its provisions by both suppliers and government customers when conducting procurement in any of the forms specified in the Law. In the table below of fines under 44-FZ, you can determine exactly what liability is provided for violating a specific provision of the Federal Law.
The current legislation in the field of public procurement provides for a number of procedures for the competitive identification of suppliers. However, in certain cases, the use of non-competitive methods is allowed.
The conclusion of an agreement (or contract) between the customer and the contractor has the goal of thoroughly working out the conditions under which both parties will interact in the future. He, ideally, should provide for all conceivable options for the development of events, up to the possibility of breaking this very agreement. Federal Law No. 44 of the Russian Federation “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” provides for three ways to terminate a contract.
According to the procedure for conducting an electronic auction provided for by law, in order to participate in it, the supplier sends the customer an application consisting of two parts. The first part of the application contains the supplier’s agreement to fulfill the terms of the government contract in accordance with the notice and auction documentation, as well as a description of goods, works, services. In the process of reviewing the first parts of applications, a list of participants admitted to participate in the auction is formed. After the auction is completed, the customer reviews the second parts of the bids.
In accordance with Law No. 44-FZ, the supplier confirms its participation in electronic bidding for the conclusion of a government contract by sending an application to the customer. An application for participation in the auction is submitted electronically and contains two parts, which are simultaneously sent to the operator of the electronic trading platform.
Law No. 44-FZ establishes several in various ways competitive identification of suppliers. One of the ways to search for contractors under government contracts within the framework of this law is to request quotes.
One of the ways to search for contractors under government contracts within the framework of Law No. 44-FZ is a request for proposals. The customer has the right to carry out this procedure only in established cases provided for in Part 2 of Article 83 of Law No. 44-FZ.
An electronic auction is undoubtedly the most popular competitive procedure carried out within the framework of the Federal Law of 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.” Her distinctive feature is the versatility that allows this method to be used in almost any situation.
What is contract enforcement? Ensuring contract execution is one of the most important elements of cooperation between the customer and supplier within the framework of the contract system, regulated by the provisions of Federal Law No. 44-FZ. This is a kind of pledge or some kind of guarantee that the supplier will fulfill his part of the conditions in good faith, on time and in full.
One of the mechanisms preventing unfair participation of suppliers in competitions and auctions for the supply of goods, performance of work and provision of services in accordance with the requirements of the law on the contract system No. 44-FZ is the provision of application security. An application for participation in a competition can be secured by either a guarantee issued by a bank or the participant’s funds; in an electronic auction, only the participant’s money.
1. If an electronic auction is declared invalid on the grounds provided for in Part 16 of Article 66 of this Federal Law due to the fact that after the deadline for filing applications for participation in such an auction, only one application for participation in it has been submitted:
1) the operator of the electronic site, no later than the business day following the deadline for filing applications for participation in such an auction, sends to the customer both parts of this application, as well as the information and electronic documents provided for in Part 11 of Article 24.1 of this Federal Law;
paragraph 1 of this part, is obliged to send a notice to the participant in such an auction who 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 paragraph 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and the documentation for such an auction and sends it to the operator electronic platform, a protocol for considering a single application for participation in such an auction, signed by members of the auction commission. The specified protocol must contain the following information:
A) a decision on the compliance of a participant in such an auction who submitted a single application for participation in such an auction, and the application submitted by him, with the requirements of this Federal Law and documentation on such an auction, or on the non-compliance of this participant and his submitted application with the requirements of this Federal Law and (or) documentation on such auction with the rationale for this decision, including indicating the provisions of this Federal Law and (or) documentation about such an auction, which the only application for participation in such an auction does not comply with;
B) the decision of each member of the auction commission on the compliance of the participant in such an auction and the application submitted by him with the requirements of this Federal Law and the documentation on such an auction, or on the non-compliance of the specified participant and the application submitted by him for participation in such an auction with the requirements of this Federal Law and (or) documentation on such auction;
4) the contract is concluded with a participant in such an auction who has submitted a single application to participate in it, if this participant and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation on such an auction, in accordance with clause 25.1 of part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.
2. If an 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:
Part 6 of Article 67 of this Federal Law is obliged to send to the customer the second part of the application for participation in such an auction submitted by this participant, as well as the information and electronic documents of this participant provided for in Part 11 of Article 24.1 of this Federal Law;
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 only participant in 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 only participant in such an auction and the documents specified in paragraph 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and the documentation on such an auction and sends to the operator of the electronic platform a protocol for considering the application of the only participant in such an auction, signed by members of the auction commission. The specified protocol must contain the following information:
A) a decision on the compliance of the only participant in such an auction and the application submitted by him for participation in it with the requirements of this 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) documentation on such an auction with the rationale for this decision , including indicating the provisions of this Federal Law and (or) documentation about such an auction, which this application does not comply with;
B) the decision of each member of the auction commission on the compliance of the only participant in such an auction and the application submitted by him for participation in it with the requirements of this Federal Law and the 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 about such auction;
4) contract with the only participant such an auction, if this participant and the application submitted by him for participation in such an auction are recognized as complying with the requirements of this Federal Law and the documentation on such an auction, is concluded in accordance with clause 25.1 of part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.
3. If an electronic auction is declared invalid on the grounds provided for in Part 20 of Article 68 of this Federal Law due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price:
1) the operator of the electronic site, within one hour after posting on the electronic site the protocol specified in Part 20 of Article 68 of this Federal Law, is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, as well as information and electronic documents of participants in such an auction provided for in Part 11 of Article 24.1 of this Federal Law;
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 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. The specified protocol must contain the following information:
A) a decision on the compliance of the participants in such an auction and the applications submitted by them for participation in it with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and these applications with the requirements of this Federal Law and (or) documentation on such an auction with the rationale for this decision , including indicating the provisions of the documentation about such an auction, which do not correspond to the application data, the content of these applications, which does not comply with the requirements of the documentation about such an auction;
B) the decision of each member of the auction commission on the compliance of the participants in such an auction and the applications they submitted for participation in such an auction with the requirements of this Federal Law and the documentation on such an auction or on the non-compliance of the participants in such an auction and the applications they submitted with the requirements of this Federal Law and (or) documentation on such an auction;
4) the contract is concluded in accordance with clause 25.1 of part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law, with a participant in such an auction, the application for participation in which was submitted:
A) earlier than 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 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 complying with the requirements of this Federal Law and the documentation on such an auction.
3.1. If the electronic auction is declared invalid on the grounds provided for in Part 13 of Article 69 of this Federal Law due to the fact that 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, a contract with a participant in such an auction who submitted the said application is concluded in accordance with clause 25.1 of part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.
4. In the event that an electronic auction is declared invalid on the grounds provided for in Part 16 of Article 66, Part 8 of Article 67 and Part 13 of Article 69 of this Federal Law due to the fact that after the deadline for filing applications for participation in such an auction, no applications have been submitted not a single application for participation in it or based on the results of consideration of the first parts of applications for participation in such an auction, the auction commission decided to refuse admission to participation in it of all its participants who submitted applications for participation in such an auction, as well as on the grounds provided for in part 13 of Article 69 of this Federal Law due to the fact that the auction commission made a decision that all second parts of applications for participation in it do not meet the requirements established by the electronic auction documentation, or on the grounds provided for in Part 15 of Article 83.2 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and has the right to make a purchase by conducting a request for proposals in electronic form in accordance with paragraph 5 of part 2 of Article 83.1 of this Federal Law (in this case, the procurement object cannot be changed) or a new purchase in in accordance with this Federal Law.
Judicial practice under Article 71 of the Federal Law of 04/05/2013 No. 44-FZ
Decision of October 29, 2018 in case No. A59-2996/2017
Arbitration Court of the Sakhalin Region (AC of the Sakhalin Region)
The procurement participant who offers the lowest contract price is recognized. The procedure for conducting an open auction in electronic form and concluding a contract based on its results is established in Articles 59-71 of Federal Law No. 44-FZ. According to Part 1 of Article 70 of Federal Law No. 44-FZ, based on the results of an electronic auction, a contract is concluded with the winner of such an auction, and in cases provided for...
Decision of October 24, 2018 in case No. A53-25799/2018
Arbitration Court of the Rostov Region (AC of the Rostov Region)
Performer, contractor) in accordance with the provisions of Article 84 of Law No. 44-FZ. Meanwhile, electronic auction No. 0858100000117000364 was carried out by the customer in open form according to the rules of articles 59-71 of Law No. 44-FZ. According to Part 4 of Article 94 of Law No. 44-FZ, the results of a separate stage of contract execution, information about the goods supplied, work performed or service rendered (for...
Decision of October 22, 2018 in case No. A20-3923/2018
Arbitration Court of the Kabardino-Balkarian Republic (AC of the Kabardino-Balkarian Republic)
Or municipality, and also budgetary institution or other legal entity (parts 1, 4 and 5 of Article 15). The procedure for conducting an electronic auction is regulated by Articles 59-71 of Law No. 44-FZ. By virtue of Part 1 of Article 65 of the Arbitration Procedure Code of the Russian Federation, each person participating in the case must prove the circumstances to which he refers as the basis for his...
Decision of October 18, 2018 in case No. A10-2072/2018
Arbitration Court of the Republic of Buryatia (AC of the Republic of Buryatia)
10 of the protocol dated March 14, 2018, it was determined that based on the consideration of a single application for participation in the electronic auction and in accordance with Part 1 of Article 71 of the Federal Law of April 5, 2013 No. 44-FZ, the contract is concluded with a single participant - YUS-Group LLC. 03/30/2018 by the administration of the municipality of the urban settlement "city of Zakamensk" (customer) ...
