Major changes: emphasis has been placed. Anti-corruption mechanisms in the field of procurement for municipal needs The auction was declared invalid, no price bids were submitted

Cases where trades are declared invalid:

1. In accordance with Part 5 of Article 447 of the Civil Code, auction and competition, in which only one participant participated, are declared invalid.

2. If no application is received within the deadline established by the documentation.

3. If only one participant from those who applied for participation in the auction is recognized as a participant in the relevant auction procedure.

4. If, based on the results of consideration of applications for participation in the procedure, all submitted applications were rejected.

Grounds for declaring an open competition invalid:

1. Upon completion of the deadline for submitting applications for participation in the competition.

2. Based on the results of consideration of applications for participation in the competition The competition commission rejected all applications.

3. Based on the results of prequalification not a single procurement participant is recognized as meeting the requirements established in the documentation.

4. After the deadline for submitting applications for participation in the competition only one application was submitted, and such an application was recognized as meeting the documentation requirements.

5. Based on the results of consideration of applications for participation in the competition only one application was found to meet the documentation requirements.

6. Based on the results of prequalification only one procurement participant is recognized as meeting the established requirements and the application of such participant is recognized as meeting the requirements of the documentation.

As a result of an open tender being declared invalid on the grounds specified in paragraphs 4, 5 and 6, the customer may have the right, and in some cases the obligation, to enter into an agreement with a single supplier. Similar situations arise in the case of auctions and other types of procurement procedures.

Grounds for declaring an open auction invalid:

1. After the deadline for submitting applications for participation in the auction no such application has been submitted ;

2. Based on the results of consideration of the first parts of applications for participation in the electronic auction the commission decided to refuse admission to all procurement participants to participate in such an auction.

3. Within a certain time after the start of such an auction, none of its participants submitted a proposal for the contract price.

4. At the end of the deadline for submitting applications for participation in the auction, only one application has been submitted that meets the requirements of the documentation.

5. Based on the results of consideration of the first parts of applications for participation in the electronic auction, the auction the commission made a decision on recognizing only one procurement participant who submitted an application to participate in such an auction as its participant.

Grounds for invalidating purchases carried out by organizing a request for quotations (request for proposals):

1. After the deadline for submitting applications for participation in the request for quotations (request for proposals) no such application has been submitted .

2. Based on the results of consideration of applications by the customer’s commission All submitted applications were rejected to participate in the request for quotations (request for proposals).

3. At the end of the deadline for submitting applications for participation in the request for quotations (request for proposals), only one application has been submitted that meets the requirements of the documentation.

4. Based on the results of consideration of applications for participation in the request for quotations only one such application was found compliant documentation requirements for conducting a request for quotation.

Invalid tenders and failed tenders

It is necessary to distinguish:

Invalid Bidding(Article 449 of the Civil Code of the Russian Federation)

Conducted in violation of the law.

Involves the invalidity of the contract concluded as a result of the auction.

Failed auctions(Clause 5 of Article 447)

Legal. “A negative result is also a result.”

The auction did not take place if:

• There are no participants.
• There is only one participant.
• There is only one participant who meets the documentation and legal requirements.

Due to the fact that 223-FZ (unlike 44-FZ) does not regulate the sequence of actions of customers based on the results of failed procurements, the consequences and procedure for the customer’s actions in the event of recognition of procurements as failed must be specified in the Procurement Regulations.

Consequences of recognizing a procurement as failed

Recognizing the procedure as failed must include a set of legal and factual actions that fix the legal status of such a purchase.

The legitimacy of carrying out further procedures in a simplified manner depends on their complete and correct execution.

1. Identification and analysis of the reasons that served as the basis for declaring the purchase invalid.

2. Legal assessment and decision-making to recognize the procurement as invalid (drawing and signing a protocol, publishing it on the website).

3. Making a decision on the consequences of recognizing the procurement as invalid (carrying out a repeat procedure, carrying out a different (simplified) procedure, concluding an agreement with the EP).

In contrast to the mandatory rules of public procurement, 223-FZ makes it possible to provide for the consequences of recognizing procurement as failed in the form of dispositive norms.

In other words, the Procurement Regulations can provide for the possibility for the customer to choose the consequences of recognizing the procurement as failed: conduct a new procurement, conduct a different one (simplified procurement) or conclude an agreement with the EP on the terms of the failed tender. To do this, the Regulations must provide for the possibility of choosing consequences and use the wording “not obligated” , and “maybe”.

For example:

Based on the results of a failed purchase by the customer the following decisions can be made:

1) on procurement from a single supplier - if carrying out new procurement procedures is impractical (for example, the time limits for conducting procurement procedures have been exhausted, conducting a new procurement, regardless of the form and method of procurement, will not lead to a change in the circle of procurement participants);

2) on concluding an agreement - if the submitted application and the participant who submitted it meet the requirements of the notice and documentation;

3) to carry out a re-purchase by any of the methods, in any form, named in the Regulations, which the customer deems appropriate to use.

The consequences of invalidating trades and “non-trading” procedures may be different.

Civil legislation establishes cases of declaring a purchase invalid in relation to tenders (competitions, auctions).

The legislation on public procurement equates the consequences of declaring a procurement invalid for bidding (competition and auction) and other procurement methods (request for quotations, request for proposals). However, due to the fact that 223-FZ does not contain such conditions, legally there are no obstacles for the customer, in order to optimize the process, not to invalidate the request for quotations and request for proposals with a single participant and to enter into contracts with them not as with the EP, but as with the winners within the framework of the appropriate procedure (subject to such a possibility being indicated in the Regulations).

In accordance with the rules of the Procurement Regulations, a request for proposals and a request for quotations, if there is at least one application, can be carried out and issued precisely as a competitive procedure . The result of this procedure will be a protocol and an agreement.

Features and procedure for concluding a contract based on the results of failed procurements

1. Features of concluding an agreement with a single participant based on the results of a failed procurement:

The customer is obliged to conclude an agreement with the only admitted participant in the competitive procurement if:

a) this procurement participant was allowed by the procurement commission to participate in the procurement;

b) the contract is concluded on the terms of the documentation and the draft contract;

c) the contract is concluded at a price, in the volume and on the terms specified by such a single participant in his application (and for an auction at a price agreed upon by the parties, not exceeding the initial (maximum) price of the contract), or on the best terms for the customer (including those achieved based on the results of pre-contractual negotiations).

d) no changes are made to the Procurement Plan; this agreement is included in the monthly report.

The customer’s refusal to conclude an agreement with the only participant in the failed tender, whose application complies with the requirements of the documentation, is illegal.

2. Features of concluding an agreement with a single supplier (as a procurement method) based on the results of a failed purchase:

The customer has the right to conclude an agreement with a single supplier based on the results of a failed procurement, provided that such a possibility is provided for in the Procurement Regulations of such a customer, taking into account the following features:

a) the customer has established in the Procurement Regulations the basis for concluding an agreement with a single supplier based on the results of a failed procurement;

b) adoption of an appropriate decision by authorized officials or management bodies of the customer;

c) changes are made to the procurement plan due to changes in the procurement method;

d) a contract with a single supplier based on the results of a failed procurement procedure is concluded taking into account the requirements established by the procurement documentation - minor (insignificant) changes to the terms of the contract are allowed (postponement of deadlines associated with the procedure, change of payment terms, etc.);

e) the need to publish in the Unified Information System a notice of purchase from a single supplier, a draft agreement and a protocol for determining a single supplier.

Case Study

OFAS Commission for St. Petersburg ( decision and order dated June 4, 2013 NoТ03-118/132 ) it was decided to recognize the Customer as violating 223-FZ and the Procurement Regulations, in connection with the refusal to conclude a contract to the only participant in the request for proposal.

Having recognized the request for proposals as invalid, the procurement commission violated clause 12.5.12, clause 12.7.2 of the Regulations by unjustifiably recognizing the request for proposals procedure as invalid, since one participant who submitted an application to participate in the request for proposals was admitted.

At the same time, the Regulations provided that “if, based on the results of consideration of Applications for participation in the Request for Proposals, by decision of the Organizer, only one Application for participation in the Request for Proposals was not rejected, then such Application for participation in the Request for Proposals is evaluated in the manner established by the documentation request for proposals."

The customer did not do this and did not complete the procedure (did not carry out the procedure for reviewing and evaluating the application), and therefore violated clauses 12.3-12.7 of the Procurement Regulations, in terms of violating the procedure for conducting a request for proposals and concluding an agreement based on the results of this procedure.

In addition, as the OFAS noted, customers in competitive procedures not related to tenders are guided only by the general principles of 223-FZ and specific rules of the Procurement Regulations.

The procurement participant, in accordance with the protocol for consideration of competitive bids, was recognized as the only participant in the competition.

Despite the above circumstances, a letter for ref. No. 5220 dated 12/18/12 The customer (defendant) refused to enter into a disputed agreement with Alfa-Trade LLC, citing the lack of approval of this transaction by the Board of Directors of SPPK OJSC.

Considering this refusal to be unlawful, the plaintiff (tender participant) filed a lawsuit against the customer to compel him to conclude a contract.

Assessing the current legal situation and satisfying the plaintiff’s demands, the court proceeded from the following.

In accordance with clause 79 of the Customer’s Procurement Regulations “If an open tender As a result of the receipt of a competitive application from one applicant, an agreement may be concluded with such applicant, provided that he is recognized as a participant and his competitive application meets the requirements set out in the competition documentation, at a price not exceeding that specified in the financial and commercial proposal of the participant.”

As stated above and not disputed by the defendant, the competition commission decided to grant Alfa-Trade LLC the right to conclude an agreement. This decision of the competition commission was not declared invalid in accordance with the procedure established by law.

Under such circumstances, the court came to the conclusion that the defendant has an obligation to conclude an agreement with the plaintiff in this dispute on the terms set out in the draft agreement to the competition documentation.”

Determination of the Federal Arbitration Court of the Volga-Vyatka District dated November 13, 2013 in case No. A82-15815/2012.

Failed procedures and reporting

1. When filling out a monthly report

If an agreement is concluded with a single procurement participant based on the results of a failed procurement, information about such an agreement is included in the monthly report on contracts concluded as a result of the procurement of goods, works, and services.

If an agreement is concluded with a single supplier based on the results of a failed purchase, information about such an agreement is included in the monthly report on contracts concluded by the customer based on the results of a purchase from a single supplier (performer, contractor).

2. When filling out a report on the Federal Statistical Observation Form No. 1 - procurement “information on procurement activities

In cases where during a competition or auction only one participant submitted an application, the competitive procedure did not take place, and the customer entered into an agreement with a single supplier, one of columns 4, 5, 6 “Tenders” or 7, 8 must be completed in the report. 9 “Auctions” (depending on the announced procedure), and not column 10 “Purchases from a single supplier”.

Electronic procurement form as a way to “fight” failed procurements

Suppliers are now becoming less and less willing to participate in non-electronic procurement.

To increase the share of completed procedures, it is necessary to conduct more procurements on the electronic platform.

When conducting a procurement in electronic form, the electronic platform carries out many actions for procurement participants and purchasers, which allows for the maximum possible expansion of the possible circle of procurement participants.

Paper purchases = few applications, many failed purchases.

Electronic procurement = many applications, many completed purchases.

Questions from listeners

Question: What should I do if several participants were admitted to the auction, and during the auction only one of these participants submitted a price offer?
Answer: In this case, the auction is considered valid, since the price during the auction was reduced compared to the original level. However, in the case when the customer works under 44-FZ, he needs in such a situation, before concluding an agreement with this participant, to obtain permission from the regulatory authorities, since 44-FZ prohibits this.

Question: When conducting electronic procurement, one application has been submitted that meets the requirements. The purchase was declared invalid. The final protocol is published and an agreement is concluded with a single supplier. Is it necessary to publish a notice of purchase from a single supplier?
Answer: No, if an agreement is concluded with a single participant, then a notice of purchase from a single supplier does not need to be published.

Question: No applications were submitted during the request for quotations. It was decided to purchase from a single supplier. The contract has not yet been concluded, but the volume and cost of the purchase have changed. What to do, how to enter information about changes on the site?
Answer: In this case, a new notice, agreement, protocol is formed. It is necessary to find out why the cost and volume have changed. If the reasons are objective, for example, prices have increased over the past period, then you can change the terms of the contract by making these changes to them.

Question: If no applications have been submitted to the request for proposals, how can this be formalized on the official website?
Answer: In this case, the protocol indicates that not a single application was submitted for the request for proposals, and therefore the customer’s commission decided to recognize this purchase as failed.

Question: What to do in a situation where the product is in too much demand and the supplier does not want to participate in the purchase?
Answer: You can try using another purchasing method.

Question: The institution planned to purchase a car using budget funds under Federal Law 223, the purchase was included in the plan. During the procurement process, it turned out that it had to be carried out in accordance with 44-FZ. It turned out that the purchase did not take place under 223-FZ. How can this be reflected on the official website?
Answer: Firstly, this purchase could be carried out under 223-FZ. This is not capital investment in state and municipal property, so it is completely legal. Secondly, if the purchase was only planned, but documentation and notice were not posted on it, then such a purchase cannot be considered failed. Thus, in this situation, all that needs to be done is to amend the plan to eliminate this purchase.

Question: If, based on the results of the auction, the customer and the contractor made a mutual decision to terminate the contract by agreement of the parties, then how should this termination be formalized?
Answer: You just need to draw up an additional agreement to terminate the contract.

Question: Is it possible to stipulate in the procurement regulations that if during the procurement by requesting quotations one application is submitted and one participant is admitted, then the procurement is considered completed.
Answer: Yes, in this case, the regulations should state that if during the procurement only one application is received that meets the requirements of the documentation, then the contract can be concluded with the only participant who submitted this application.

Question: Is it true that an agreement with a single participant and an agreement with a single supplier are different things and should be reflected differently in reports?
Answer: Yes, that's right, they have different legal natures. From the point of view of procurement legislation, such contracts have various grounds for conclusion. Accordingly, in the reports, information about such contracts will also be reflected in different categories.

Question: If the tender is declared invalid, is it possible to conclude an agreement with a single supplier for a month, and then re-tender? Is it necessary to make changes to the procurement plan in this case? Purchase of more than one hundred thousand rubles.
Answer: If the purchase is declared invalid due to the fact that not a single application was submitted during the tender, an agreement can be concluded with a single supplier. If the contract amount is more than one hundred thousand rubles, you need to post on the official website all the necessary documents for the procurement - notice, draft contract and protocol. Subsequently, the trading procedure can be repeated, but the documents must reflect the requirements, taking into account the obligations that will arise at that time in front of the only supplier with whom the contract will be concluded. It may be better not to make changes to the plan in this case, since in the end the procurement procedure will still be competitive.

Question: If no application was submitted during the procurement procedure, the procurement was declared unsuccessful, and the subject of the procurement, in accordance with the law, can only be purchased in electronic form, is it possible to carry out the purchase from a single supplier? Answer: The purchase in this case had already been carried out electronically, it did not take place, this is the basis for purchasing from a single supplier, this does not contradict government decree 616.

Question: If the auction did not take place because there was only one participant, is it necessary to post two protocols - a protocol for considering applications and a protocol for summing up the results?
Answer: In this case, the application review protocol will be sufficient. Since there are no results, there is no need to post a summary protocol.

Question: If, during a procurement, a single application is found to meet the requirements, then, in accordance with the procurement regulations, an agreement is concluded with the only participant who submitted this application. For purchases over one hundred thousand, the only one provides for posting notices and documentation on the official website. Accordingly, the contract will be concluded within the framework of this procedure, and not an auction. How then is the auction issue resolved?
Answer: If, during an auction, a single application is recognized as meeting the requirements, and in accordance with the procurement regulations, an agreement is concluded with the only PARTICIPANT who submitted this application, then this situation differs from concluding an agreement with a single SUPPLIER, which can be concluded in the case when there was no not a single application has been submitted, and then you need to post the documentation on the official website, etc., again, if such a situation is provided for by the procurement regulations. In this case, there will be simply an agreement with a single participant.

Question: Should the monthly report include in the section on purchases from a single supplier those cases where contracts were concluded with single participants as a result of competitive procurement procedures?
Answer: No.

Question: Is it necessary to make changes to the procurement plan if, as a result of a failed procurement procedure, a contract is concluded with a single supplier?
Answer: Yes, because the way we purchase is changing.

Question: If no applications were received during the request for proposals, is it possible to conclude an agreement with a single supplier or should a separate procedure be carried out and included in the procurement plan?
Answer: When concluding a contract with a single supplier as a result of a failed procurement procedure through a request for proposals, you need to post a notice on the official website and make changes to the plan.

Question: If the price of a contract with a single participant was reduced as a result of the bargaining procedure, then only a protocol for considering the application is sufficient?
Answer: Yes, the protocol for considering the application is sufficient; it records the fact that there is one application that meets the documentation requirements.

Question: Is it necessary to reflect in monthly reports amounts under contracts whose value does not exceed one hundred thousand rubles?
Answer: Yes need.

Failed, invalid and canceled purchase are different things. The failed procurement status means that there was no competitive competition or bidding between suppliers. But based on the results of such a purchase, the customer can enter into a contract with a single supplier. Bidding is considered invalid if the customer violated laws (44-FZ, 223-FZ) or the norms of the Civil Code.

The auction was declared invalid - causes and consequences

2.

The auction was declared invalid due to the fact that only one participant submitted an application for participation.

4. No price proposals were submitted during the auction

This situation may arise if, as a result of consideration of the second parts of applications, only one of them is found to comply with the requirements of Federal Law No. 44, or all participants are completely rejected.

So, in conclusion, I would like to once again note a few points that the parties need to pay attention to if the auction did not take place:

Grounds and consequences of declaring an electronic auction invalid under 44-FZ, actions of the Customer

Consequences of declaring the auction invalid (nuances)

1. cancellation of auctions by decision of the organizer - before they are held;
2. recognition of the auction as invalid by decision of the organizer or court;
3. recognition of auctions that took place or were declared invalid by the court.

An electronic auction has been announced for the right to conclude a contract to carry out major repairs of the premises of a non-residential building

An electronic auction has been announced for the right to conclude a contract to carry out major repairs of the premises of a non-residential building. During the consideration of the first parts of applications received, only one application out of 6 received was recognized by the commission as corresponding to the auction documentation. Thus, the auction was declared invalid, the contract was concluded with the participant, as the only supplier, at the initial (maximum) contract price (hereinafter referred to as the NMCC).

Are there any grounds for reducing the NMCC at the stage of signing the contract by agreement of the parties, if the auction documentation allows a reduction in the contract price without changing the scope of work provided for in the contract, the quality of the work performed and other terms of the contract?

On this issue we take the following position:

Expert of the Legal Consulting Service GARANT

Candidate of Legal Sciences Shirokov Sergey

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The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

© NPP GARANT-SERVICE LLC, 2019.

The GARANT system has been produced since 1990. The Garant company and its partners are members of the Russian Association of Legal Information GARANT.

Recognition of the auction as invalid

If the Customer decides to recognize only one procurement participant who submitted an application as its participant, then such an electronic auction is recognized as invalid on the basis provided for in Part 8 of Art. 67 of the Law on the Contract System.

In this case, the specified protocol must contain information in accordance with paragraph.

3 hours 2 tbsp. 71 of the Law on the Contract System.

Consequences of declaring an electronic auction invalid

If the second part of the application for participation in the electronic auction is found to comply with the requirements established by the documentation on the electronic auction, then the situation is regulated by Part 13 of Art. 69 of the Law on the Contract System.

Federal Law No. 498-FZ came into force, which amended clause 25, part 1, art.

Almost every participant in an electronic auction is concerned with the question: “How many competitors do I have? How many applications have already been submitted for the auction? Such information is not published separately anywhere. When a participant submits an application, she receives a number. But just because your entry is ranked #10 doesn't necessarily mean you have 9 opponents! Don't forget that applications can be withdrawn and resubmitted. And the numbering will continue...

During bidding in the auction room, you can see how many participants made at least one offer. The customer, in addition, knows how many participants he admitted to the auction.

After the auction is completed, the ETP operator generates an auction protocol and publishes it. Now everyone can find out how many participants were at the auction.

Participation in an electronic auction

The bidding has begun. On the appointed day and time, everyone who is admitted to the auction can enter the “auction room” and try to compete for the contract. The law initially allows participants 10 minutes. Be careful! If during this time no one makes a single offer, the auction will end. The procedure is declared unsuccessful. So place your bets!

Yuri Maisky, an expert at the School of Electronic Trading, answers questions from participants.

Question: How can I watch the auction? You can enter Sberbank-AST only through an application. Or is there some other way?

Yuri Maisky, lecturer at the School of Electronic Trading, presenter and commentary:

“Anyone can watch the auction. In the open part of the ETP you can monitor the submitted price proposals. For example, on the ETP “Sberbank-AST” you can follow the link in the menu “Auctions=->Auction Hall” and get a list of auctions where bidding is currently ongoing. By clicking on the blue “i” icon, you can enter a specific auction and see what bids are being submitted and how the price is falling».

Question: On which website can I see the results of auctions from six months ago?

Answer: on the website www.zakupki.gov.ru you can view the results of all posted EAs, including for each auction the bidding protocol, the protocol of summing up the results and information about the contract concluded based on the bidding results from the register of contracts.

Question: is the trading step determined by the trading regulations or is it within -%?

Answer: The auction step is determined by law - this is a range of values ​​from 0.5 to 5% of the NMC. Only for an amount falling within this range of values ​​can a participant submit an offer that improves the current auction price.

Question: the first step cannot be equal to the NMC? In any case, will the first step be less than the NMC per auction step?

Answer: The first price offer is always a reduction. The first reduction will always be in the auction step. This means that the price is reduced by 0.5% to 5% of the NMC. You cannot submit a proposal equal to the NMC.

Question: outside the step, can you submit proposals when someone has already submitted for 0.5%?

Answer: Yes, outside the auction step, you can make price offers only after someone has submitted at least one offer “in the step.”

Question: Does the price decrease come from the leader’s price or from the NMC in subsequent steps?

Answer: the price in the auction is reduced as follows: the reduction percentage is calculated from the NMC, and is subtracted from the leader’s price.

Question: What’s the point of making an offer not in the auction step if it is not taken into account in any way?

Answer: Bidding tactics may vary. An "out-of-auction step" offer can be used for a variety of purposes. For example, to fight for 2nd place at a relatively high offer price.

Question: Why bargain for second place?

Answer: If the participant who appears first in the auction protocol is found to be non-compliant with the second part of the application or violates the terms when concluding the contract, then the contract will be offered to the second participant.

Question: if a participant reduces the price from the leader not in the auction step by the minimum figure, does he become the leader, and who will be the winner?

Answer: Outside the auction step, it is impossible to improve the leader's offer. If you submit an offer outside of a step, only your current offer is improved, and the auction price and the current leader do not change.

Question: in the second part of the auction, you can submit an offer = to the leader's offer?

Answer: yes, you can. If you do this before other participants, you will be second in the auction protocol.

Improve your qualifications on the course "" for contract managers, contract service specialists and purchasing commissions. The program was developed based on the requirements of the professional standard “Procurement Specialist”.

• If only one application is submitted, then this participant is recognized as the winner, then, according to the regulations, an analysis of the 2nd part of the application submitted by him is carried out. If it meets the requirements, a contract is concluded with such participant.

If only 1 participant is allowed to participate in the auction

If no price offer is made at the auction.

Conditions under which the participant who submitted an application for participation is recognized as the winner.

• The application for participation was submitted earlier than others.

• Only one application was submitted (by this participant).

If no application has been submitted. The auction did not take place. Actions of the Customer.

From August 14, 2019, the procedure for calculating fines under 44-FZ was changed: the requirement for a fixed amount was removed, and the penalty for SMP and SONO was reduced. In the article you will find all the current rules. Working with penalties will be simplified by examples of wording and judicial practice.

The contract in this situation is concluded with the participant in the electronic tender whose application for participation in the auction was submitted earlier. If this participant in the electronic auction does not offer the customer a lower price than the initial (maximum) contract price, then the customer must include the initial (maximum) contract price in the contract.

According to Part 20 of Art. 68 of the Federal Law of 04/05/2013 No. 44-FZ "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) if within ten minutes after the start of the of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of Art. 68 of Law No. 44-FZ, such an auction is considered invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such a tender invalid, which indicates the address of the electronic platform, the date, start and end time of such an auction, and the initial (maximum) price of the contract.

The procedure for concluding a contract in this case is described in Part 3 of Article 71 of Law No. 44-FZ.

According to clause 3, part 3, art. 71 of Law No. 44-FZ, the auction commission within three working days from the date of receipt by the customer of the second parts of applications for participation in such an auction of its participants and the documents specified in clause 1, part 1 of Art. 71 of Law No. 44-FZ, reviews the second parts of these applications and the specified documents for compliance with the requirements of Law No. 44-FZ and documentation on such a tender 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.

In accordance with paragraphs. “a” clause 4, part 3, art. 71 of Law No. 44-FZ, the contract is concluded in accordance with clause 25, part 1, art. 93 of Law No. 44-FZ in the manner established by Art. 70 of Law No. 44-FZ, with a participant in such an auction, an application for participation in which was submitted 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 Law No. 44-FZ and the documentation for such an auction.

That is, if, for example, two applications for participation in an electronic auction are submitted, all application data are found to comply with the requirements of Law No. 44-FZ and the documentation for such an auction, then the customer must send within the time period specified in Art. 70 of Law No. 44-FZ, a draft contract via electronic signature to an electronic auction participant whose application was submitted earlier.

Please note that in this case the contract is concluded on the basis of clause 25, part 1, art. 93 of Law No. 44-FZ, then, according to this paragraph, the contract is concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction.