The customer has the right to cancel the competition or auction. How to cancel an electronic auction. Terms of termination of the procurement procedure in accordance with the law

Often, bidding is accompanied by significant violations of the rights of other participants. There are frequent cases of illegal removal from participation in the auction, as well as cancellation (non-acceptance) of the rate (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 it is possible to cancel an auction, and sometimes it is simply necessary. To do this, it is important to follow the right steps.

How can we help with illegal auctions?

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 claim of the person concerned. This means that the first step is to legally prioritize and see the biggest mistakes in bidding. Our lawyers will carefully study your case and documents and determine what tactics should be used when canceling the results of the auction.

Formal reasons for canceling the auction are listed in the law and among them:
- non-compliance 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 authority should the auction be cancelled?

According to Part 1 of Art. 105 of the Federal Law No. 44, any participant in the procurement, as well as public associations exercising public control, associations of legal entities, in accordance with the legislation of the Russian Federation, have the right to appeal in court or in the manner prescribed by this chapter to the control body in the field of procurement actions (inaction) of the customer , an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, contract service officials, a contract manager, an electronic site operator, if such actions (inaction) violate the rights and legitimate interests of a procurement participant. The decoding of the control body is given in Art. 99 of 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 corresponding region. If this body does not satisfy the requirements of the applicant, this decision of the FAS can be appealed in court.

auction appeal period - 10 days

Appeal against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, an official of a contract service, a contract manager, an operator of an electronic site if these actions (inaction) were committed when determining a supplier (contractor) , performer) through an electronic auction, is carried out in the manner prescribed by this chapter, at any time when the supplier (contractor, performer) is determined, as well as during the period of accreditation on the electronic site, but no later than ten days from the date of placement on the electronic site of the protocol of summarizing 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 for such an auction may be filed by a procurement participant before the deadline for filing applications for participation in such an auction. In this case, if the actions (inaction) under appeal were committed after the start of consideration of applications for participation in such an auction, an appeal against these actions (inaction) can be carried out only by the procurement participant who submitted an application for participation in such an auction. If the contested actions (inaction) were committed during the consideration of the second parts of applications for participation in an electronic auction or when concluding a contract, an appeal against these actions (inaction) is carried out before the conclusion of the contract. After the expiration of the specified terms, the appeal against these actions (inaction) of the customer, the authorized body, the authorized institution, the specialized organization, the operator of the electronic site, the auction commission is carried out only in court.

cancellation of bidding through the court

If the OFAS issued a negative decision to cancel the auction, then the applicant who did not agree with this decision within 3 months has the right to apply in a general manner to the arbitration court. The motivation for canceling the decision of the FAS should be identical to that in the complaint itself to the FAS. In fact, it is not the auction itself that is being challenged in court, but the attitude towards its holding on the part of the control body.

Please contact our company and we will definitely help to resolve the issue of canceling the auction (bidding)! And if we can't, then we'll say so!

1. The reason for the decision to cancel the auction by the Customer. The customer has the right to cancel electronic bidding in a number of cases, for example:

1. Lack of funds to pay for goods or services.
2. The conclusion is that this type of procurement is inappropriate.
3. Changing the program under which the purchase was made.
4. A change in the product market, which provoked a very low quality product at a fairly high price.
5. Force majeure - which is regulated in Article 401 of the Civil Code of the Russian Federation, that is, unplanned and inevitable situations.

It is in all those cases listed above that the Customer has the right to cancel the electronic auction. If such a decision was made by the Customer, then all previously submitted applications should be canceled, and the funds that were reserved on the accounts of the contestants in the form of security should be returned to them.

2. Regulated deadlines for the cancellation of the auction.

The cancellation of the purchase was established in Article 36 of Article 44 of the Federal Law. This decision can be made by the Customer no later than 5 days before the deadline for submission of applications by applicants. At the same time, it is also worth noting that an official appeal should be published in which the cancellation of the auction in electronic format should be indicated. This action must be taken on the same day on which the decision to cancel is made. After this action has been done, the Customer cannot view the applications sent by applicants.

In the event that the Customer fails to meet the deadlines established by the Law, he will be able to cancel the purchase only in emergency circumstances. This requirement is established in part 2 in Article 36 of Article 44 of the Federal Law. An auction in electronic format is considered closed (cancelled) at the moment when the documentation about its cancellation was posted on the EIS website.

Subscribe and work with an advance payment from the customer, do not freeze your funds!

3. Cancellation of the definition of the supplier and the formation of the protocol for the cancellation of the electronic auction.

In order to cancel the auction in electronic format, the Customer undertakes to comply with certain requirements of the procedure, which consists of these steps:

1. The first thing that is required from the Customer is to register his decision by hand. On paper, they describe the fact of making such a decision, and besides this, the reason that was the basis for making such a decision.
2. Next, the Customer must issue an order to cancel the auction in electronic format. This document prescribes the details of the decision made, as well as further activities that follow this action.
3. After that, the Customer places information about the refusal to carry out this procedure on the site. After that, the auction is considered cancelled.
4. But after registering the notification, the Customer undertakes to also notify all applicants who have already submitted applications.
5. After that, the Customer must amend the . At the same time, it should be borne in mind that information about the reason for making such changes should be recorded in the 14th column of documents, based on the rules recognized by the Government of Russia under No. 762/20 dated 10.6.13. This change in the schedule is carried out in the next 1 calendar day after the decision to cancel the purchase.

If the Customer violates these rules, he will face a fine in the amount that was established by the Government of the Russian Federation.

4. Consequences of auction cancellation.

After the decision to cancel the purchase was issued on the ETP where it was supposed to take place, the Customer sends a corresponding notice to all applicants. These messages must be sent to the personal account on the ETP, and in addition, also to the E-mail of each contestant. Without fail, this notice must indicate the reason, after all the actions have been completed, the contestants can again dispose of the funds that were previously blocked.

The Customer bears absolutely no responsibility to the Contractors if he decides to cancel the auction in electronic format, this rule was enshrined in part 36 of article 44 of the Federal Law. An exceptional moment is only such cases when the contestant has suffered a significant loss after the Customer made an unfair purchase. In this case, the Contractor has the right to apply to the court with a claim and a request for damages.

The organizer of this type of purchase has the right to freely cancel the purchase only in cases where all the deadlines have been met. Otherwise, to make such a decision, you need to have very weighty arguments. The procurement participant cannot interfere with the actions of the customer in such a situation.

5. Video instruction to cancel purchases


For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small businesses, you can get a number of advantages: advance payments under government contracts, short settlement periods, conclusion of direct contracts and subcontracts without a tender. and work only on profitable contracts with minimal competition!


Like11:53

In the schedule, the contract expires on 06/30/2018, and in the documentation on 05/31/2018. Should the customer first make changes to the schedule, as well as cancel the purchase, and post a new notice 10 days after the new version of the schedule is posted?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

According to part 1 of article 36 of Law No. 44-FZ, the customer has the right to cancel the purchase no later than five days before the deadline for submitting applications for participation in the tender or auction or no later than two days before the deadline for submitting applications for participation in the request for quotations . In this case, the customer, no later than the next working day after the date of the decision to cancel the definition of the supplier (contractor, performer), is obliged to make appropriate changes to the schedule.

That is, the customer first needs to cancel the purchase, then make changes to the schedule. Further, 10 days after making changes to the schedule, announce the purchase.

How to cancel an e-auction

If you violate the procedure for canceling the auction, the Federal Antimonopoly Service will oblige the customer to purchase, and the contract manager will pay a fine of 30,000 rubles. I tell you how to cancel the auction correctly, taking into account the practice of the Federal Antimonopoly Service and litigation.

In what cases the customer has the right to cancel the electronic auction

The customer has the right to cancel the electronic auction. The customer is not obliged to explain the reason to the control bodies or participants. The main thing is to place the decision on cancellation in the UIS in time (Article 36 of Law No. 44-FZ).

Auction canceled:

  • when there is a shortage of funds;
  • due to errors in the documentation;
  • based on the results of public discussion of the procurement;
  • by order of the supervisory authority;
  • By the tribunal's decision.

How long does it take for a customer to cancel an electronic auction

The customer can cancel the auction up to five days before the deadline for submitting applications. For example, if you finish accepting applications on May 22, 2017, then you can cancel the purchase until May 16. You can also cancel the purchase later than the deadlines specified in the law, if there are insurmountable circumstances - natural disasters, fires, epidemics, strikes, military operations, terrorist attacks, sabotage, transportation restrictions, sanctions and other circumstances that do not depend on the customer (decree of the Board of the CCI Russia dated December 23, 2015 No. 173-14).

How to cancel an auction if the deadline has expired

If you missed the deadline for canceling the auction, change the notice. However, you must extend the deadline for submission of applications, and you will receive the required five days to cancel purchases. You can change the notice two days before you finish accepting applications. Read more about this in the recommendation.

The terms in which the customer has the right to cancel the purchase are specified in parts 1 and 2 of Article 36 of Law No. 44-FZ.

How can a customer cancel an electronic auction

Cancel the auction according to the rules of Article 36 of Law No. 44-FZ, make changes to the schedule. Follow three steps.

Step 1. Make a decision to cancel the e-auction.

To cancel the purchase, draw up an order, decision or other regulatory act. Indicate in the document the number of the notice of purchase and the reason why the auction was canceled: for example, the decision of the Federal Antimonopoly Service of Russia. Make the document in any form.

Step 2. Publish a supplier cancellation notice in the EIS.

Place a notice in the EIS on the day you decide not to hold the auction. Enter the procurement register in the EIS, open the "Bidding" tab and select the "Purchase documents" context menu item. Choose on whose initiative you are canceling the purchase: the customer, the regulatory body, the court. Cancel the entire purchase or a single lot. For more information on how to cancel a purchase in the EIS, see the recommendation. At the moment when you publish the notice, the purchase is canceled.

The customer is obliged to notify the participants of the cancellation of the purchase. During an auction, the notification is sent by the operator of the electronic site where the purchase was made.

Step 3. Make changes to the schedule.

After canceling a purchase, you need to change the schedule. Make changes on the day you decide to cancel the auction, or the next business day. A recommendation will help to make changes to the schedule.

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

Cancellation of the electronic auction.

  • It implies a procedure in which the Customer, who has decided to cancel the placed order, by filling out the documents and placing them on the site, initiates the process of canceling the order.
At the same time, they are drawn up.
  • Cancellation decision.
The difference between a decision and an order is that a decision is an expression of will, and an order is a guide to action.

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Decision to cancel the UAEF, electronic auction.

  • It indicates the very fact of making such a decision, and also provides justifications: why this decision was made.

Order to cancel the UAEF, electronic auction.

  • In him it is indicated: a (reasonably) decision was made to cancel the UAEF, etc. A list of actions that are mandatory in this case is given.

Is it possible to cancel the electronic auction.

  • Yes, you can, subject to strict observance of the rules and regulations established by law.

Refusal to conduct an electronic auction.

The reasons.
  • Reasons for refusing to conduct an electronic auction may bedifferent: from the lack of funding, to the decision on the inexpediency of placing an order in principle. In any case, the reasons should be are mandatory indicated / reflected in the decision to cancel the UAEF, electronic auction.

The period for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the date of the deadline for filing these applications. 3. Based on the results of consideration of the first parts of applications for participation in an electronic auction containing the information provided for by Part 3 of Article 66 of this Federal Law, the auction commission shall decide on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and recognize this of a procurement participant by a participant in such an auction or on refusal of admission to participation in such an auction in the manner and on the grounds provided for by Part 4 of this Article. four.

Forum of the Public Procurement Institute (Moscow)

Attention

The document directly states the fact of the decision, as well as the reasons that formed the basis of this action.

  • The customer issues an order to cancel the electronic auction. It should contain the details of the decision made, further measures that follow from this action are prescribed.
  • The organizer of the purchase places information about the refusal to conduct the purchase in the EIS.

From that moment on, the auction will be considered cancelled. The customer is also obliged to notify all participants who submitted their proposals about their actions.
  • The customer is obliged to make adjustments to his schedule. At the same time, information about the reason for making changes is recorded in column 14 of the document drawn up in accordance with the requirements of the order of the Government of the Russian Federation No. 761/20n dated 10.06.2013.

    • Cancellation of a purchase under consideration

    Info

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

    1. cancellation decision;
    2. cancellation order.

    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 following from this circumstance.


    Cancellation of the auction under 44-FZ - reasons The reasons for this decision can 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.

    In such cases, the customer can cancel purchases no later than 5 days before the deadline for accepting applications. But there are also force majeure circumstances.

    Cancellation of the electronic auction

    Information on the recognition of such an auction as invalid shall be entered into the minutes specified in Part 6 of this Article. ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 9 of Article 67.
    See text in a future edition. 9. Within one hour from the moment the operator of the electronic site receives the protocol specified in Part 6 of this Article, the operator of the electronic site is obliged to send a notice about the decision taken in relation to the applications submitted by them.

    How to cancel an e-auction

      There was no need for delivery, for the provision of services.

    • Order of the antimonopoly authority.
    • Decision based on the results of public discussions.
    • Force majeure circumstances.
      • We add that 44-FZ does not regulate cases due to which cancellation of a notice of an electronic auction is possible, i.e. The law does not provide for a closed list of reasons. The customer does not have to adhere to the listed grounds, he has the right to determine the reasonableness of further carrying out the procedure and decide to refuse it.

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

    Cancellation of the auction

    The customer has the right to cancel the electronic auction later than the specified date and before the conclusion of the contract, only if force majeure circumstances have arisen, that is, in emergency and unavoidable situations (clause 3 of article 401 of the Civil Code of the Russian Federation). But what should the customer do if the deadline for canceling an electronic auction under 44-FZ has expired, and the reason does not fall under the emergency conditions? In this case, you can first make changes to the purchase, indicating a reasonable reason for this.
    The decision to make changes is made no later than two days before the deadline for filing applications (part 6 of article 63). At the same time, the deadline for submitting applications will be extended by at least seven days - this time is enough to cancel the purchase.
    Algorithm of the procedure Step 1. Determine the need to refuse the auction and fix the reason why the purchase is inappropriate. Step 2

    Electronic Auction: Issues of Drafting Protocols

    Pravoved.RU 144 lawyers are online now

    1. Categories
    2. General issues

    Is it possible to cancel the electronic auction after the receipt of applications of the first part if the customer made a mistake in the terms of reference for the unit of measurement? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

    • Incorrectly specified GOST in the characteristics of the goods, is this the basis for canceling the electronic auction?
    • Is it possible to refuse to conclude a state contract based on the results of an electronic auction?

    Lawyers Answers (1)

    • All legal services in Moscow Support of real estate transactions Moscow from 40,000 rubles. Return of defective goods Moscow from 5000 rubles.

    Important

    ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 2 of part 6 of article 67. See text in a future edition. 2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial number, to participate in such an auction and the recognition of this procurement participant as a participant in such an auction or on refusal to admit to participation in such an auction with the rationale for this decision, in including an indication of the provisions of the documentation for such an auction that the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation for it; 3) on the decision of each member of the auction commission in relation to each participant in such an auction on admission to participation in it and on its recognition as a participant or on refusal to admit to participation in such an auction.

    How to cancel the auction during the stage of consideration of 1 x parts of applications

    Purchasing Guides. Issues of application of Art. 67 Guide to the contract system: - Identification of participants in an electronic auction - Consideration of the first parts of applications for participation in an electronic auction - Applications of participants that do not meet the conditions for admission to participate in an auction - Protocol for consideration of applications for participation in an electronic auction - Recognition of an electronic auction as invalid, if no bids have been submitted by the end of the bid submission period (all bids have been rejected) — Recognition of the electronic auction as invalid if only one bid has been submitted by the end of the bid submission period (one procurement participant is admitted to the auction) — Only one participant is allowed to participate in the auction (not admitted no member).
    After the notice of the cancellation of the auction under 44-FZ is posted in the EIS, the electronic trading platform on which the auction was located must notify all participants who have expressed a desire to take part in the procurement within one hour. A letter containing a notice of cancellation, as well as the reasons for making this decision, is sent to the e-mail that was indicated during accreditation at this ETP. In conclusion, we can say that the customer can cancel the procurement, the main thing is that this should comply with the rules and regulations established by law. Articles

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