The competition was declared invalid, an application was submitted. How to cancel a restricted e-competition. Determine who runs the house during the competition
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Compare with the revision of the article dated 01.01.2014
The customer enters into a contract with sole supplier(contractor, performer) in accordance with paragraph 25 of part 1 of Article 93 of this Federal law in cases where the competition was declared invalid on the grounds provided for:
The customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out a repeated tender in accordance with part 3 of this article, or new purchase in cases where the competition was declared invalid on the grounds provided for:
The customer places a notice of a repeated tender in a single information system not less than ten days before the date of opening of envelopes with applications for participation in this tender. In this case, the procurement object, the quantity of goods, the amount of work or services, the requirements for the procurement participants, the procurement object, the terms of the contract contained in the tender documentation and the draft contract must comply with the requirements and conditions that were contained in the tender documentation of the tender, which was declared invalid, with the exception of the contract execution period, which must be extended for a period not less than the period required for a re-tender, and the initial (maximum) contract price, which can be increased by no more than ten percent of the initial (maximum) contract price stipulated by the competitive tender the documentation of the competition, which was declared invalid. The repeated tender is carried out in accordance with the provisions of this Federal Law on the conduct of an open tender, taking into account the provisions of this article. In the event that uniform requirements and additional requirements are established for the participants in a repeated tender when holding a repeated tender, the provisions of Article 56 of this Federal Law shall apply, taking into account the provisions of this article.
If the repeated tender is declared invalid on the grounds provided for in clauses 1 - 3 of part 2 of this article, the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out this purchase by conducting a request for proposals in accordance with clause 8 Part 2 of Article 83 of this Federal Law (in this case, the procurement object cannot be changed) or otherwise in accordance with this Federal Law.
In the event that a two-stage tender is declared invalid on the grounds provided for by Part 10 of Article 57 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and again carries out the procurement.
Article 57 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in the two-stage tender, no such application was submitted or the tender commission rejected all such applications, the customer makes changes to the schedule (if necessary, also to the procurement plan ) and carries out a repeated tender in accordance with part 3 of this article with the participation of an unlimited number of persons or carries out procurement again.
If a two-stage tender is declared invalid on the grounds provided for in Part 15 of Article 57 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in a two-stage tender, only one such application has been submitted, and such an application is recognized as meeting the requirements of this Federal Law and tender documentation or based on the results of consideration of final applications for participation in a two-stage tender, only one application is recognized as meeting the requirements of this Federal Law and tender documentation, the customer enters into a contract with a single supplier (contractor, performer) in accordance with Clause 25 of Part 1 of Article 93 of this Federal Law.
1. The customer concludes a contract with a single supplier (contractor, performer) in accordance with Clause 25 of Part 1 of this Federal Law in cases where the tender is declared invalid on the grounds provided for:
1) Part 13 of this Federal Law due to the fact that at the end of the deadline for filing applications for participation in the tender, only one application was submitted, and such an application was recognized as complying with the requirements of this Federal Law and the tender documentation;
2) Part 6 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the tender, only one application was recognized as complying with the requirements of this Federal Law and the tender documentation;
3) Part 9 of this Federal Law due to the fact that, based on the results of the prequalification selection, only one procurement participant was recognized as complying with the established uniform requirements, additional requirements, and the application of such a participant was recognized as complying with the requirements of this Federal Law and tender documentation.
2. The customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out a repeated tender in accordance with part 3 of this article or a new procurement in cases where the tender is declared invalid on the grounds provided for:
1) Part 13 of this Federal Law due to the fact that no such application was submitted at the end of the deadline for filing applications for participation in the tender;
2) Part 6 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the tender, the tender commission rejected all such applications;
2.1) Part 6 of this Federal Law due to the fact that the participant of the tender, the application for participation in the tender of which was assigned the second number, refused to conclude a contract;
3) Part 9 of this Federal Law due to the fact that, based on the results of the prequalification selection, no procurement participant was recognized as complying with the established uniform requirements and additional requirements.
3. The customer places a notice of a repeated tender in the unified information system at least ten days before the date of opening the envelopes with applications for participation in this tender. In this case, the procurement object, the quantity of goods, the amount of work or services, the requirements for the procurement participants, the procurement object, the terms of the contract contained in the tender documentation and the draft contract must comply with the requirements and conditions that were contained in the tender documentation of the tender, which was declared invalid, with the exception of the contract execution period, which must be extended for a period not less than the period required for a re-tender, and the initial (maximum) contract price, which can be increased by no more than ten percent of the initial (maximum) contract price stipulated by the competitive tender the documentation of the competition, which was declared invalid. The repeated tender is carried out in accordance with the provisions of this Federal Law on the conduct of an open tender, taking into account the provisions of this article. In the event that uniform requirements and additional requirements are established for the participants in a repeated tender, the provisions of this Federal Law shall apply, taking into account the provisions of this article.
4. If the repeated tender is declared invalid on the grounds provided for in paragraphs 1 - 3 of part 2 of this article, the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out this purchase by conducting a request for proposals in accordance with Clause 8 of Part 2 of this Federal Law (in this case, the procurement object cannot be changed) or otherwise in accordance with this Federal Law.
5. If the two-stage tender is declared invalid on the grounds stipulated by Part 10 of this Federal Law, the customer makes changes to the schedule (if necessary, also to the procurement plan) and purchases again.
6. In the event that a two-stage tender is declared invalid on the grounds provided for by part 15 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in a two-stage tender, no such application has been submitted or the tender commission has rejected all such applications , the customer makes changes to the schedule (if necessary, also to the procurement plan) and carries out a repeated tender in accordance with part 3 of this article with the participation of an unlimited number of persons or carries out the procurement again.
7. In the event that a two-stage tender is declared invalid on the grounds provided for by part 15 of this Federal Law due to the fact that at the end of the deadline for submitting final applications for participation in a two-stage tender, only one such application has been submitted, and such an application is recognized as meeting the requirements of this Federal Law and tender documentation or based on the results of consideration of final applications for participation in a two-stage tender, only one application is recognized as meeting the requirements of this Federal Law and tender documentation, the customer concludes a contract with a single supplier (contractor, performer) in accordance with Clause 25 of Part 1 of this Federal Law law.
The provisions of Article 55 of Law No. 44-FZ are used in the following Articles:- Schedule plans
14. In accordance with Part 13 of this Article, amendments to the schedule for each procurement item may be made no later than ten days before the date of placement in the unified information system of a notice of the implementation of the relevant procurement or sending an invitation to take part in the determination of the supplier (contractor, contractor) in a closed way, with the exception of purchases that are carried out in accordance with parts 2, 4 - 6 of article 55, part 4 of article 55.1, part 4 of article 71, part 4 of article 79, part 2 of article 82.6, part 19 of article 83, part 27 Article 83.1 and part 1 of Article 93 of this Federal Law and in which amendments ...
- Carrying out a request for proposals
- Procurement from a single supplier (contractor, performer)
25) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for quotations, a request for proposals in accordance with Parts 1 and 7 of Article 55, Parts 1 and 3 of Article 79, Part 18 of Article 83 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of the subject Russian Federation, municipal needs, respectively, with the federal executive body authorized to exercise control in the field of procurement, or the supervisory body in the field of ...
Consequences of declaring a tender under Law No. 44-FZ invalid in the event of a complete absence of proper applications
Analysis of the norms of Law N 44-FZ shows that the competition is considered valid if there are at least 2 applications for participation in an open competition, a competition with limited participation or final applications for participation in a two-stage competition, which are simultaneously:
Meet the requirements for applications established by this Law and tender documentation,
Submitted by procurement participants who meet the requirements for bidders, established by law N 44-FZ and tender documentation.
If an open tender, a tender with limited participation is declared invalid, and the customer cannot, in accordance with the law, conclude a contract with the procurement participant who has submitted a proper application, the customer holds a repeated tender or carries out a new procurement (part 2 of article 55 of Law N 44-FZ) ...
This includes the following cases of declaring the competition void:
Due to the fact that at the end of the deadline for submitting applications for participation in the competition, not a single application was submitted (part 13 of article 51, clause 1 of part 2 of article 55 of Law N 44-FZ);
Due to the fact that, based on the results of consideration of applications, the tender commission rejected all applications (part 6 of article 53, paragraph 2 of part 2 of article 55 of Law N 44-FZ);
Due to the fact that the participant of the tender, whose application was assigned the second number, refused to conclude a contract (part 6 of article 54, clause 2.1 of part 2 of article 55 of Law N 44-FZ);
Due to the fact that, according to the results of the prequalification selection, no procurement participant was recognized as complying with the established uniform requirements and additional requirements (clause 3 of part 2 of article 55, part 9 of article 56 of Law N 44-FZ).
Since the conditions for the re-bidding and the implementation of a new purchase have not been established for any of these cases, the customer decides on the choice between these options at his own discretion.
Repeated competition by virtue of Part 3 of Art. 55 of Law No. 44-FZ is carried out in the manner prescribed for an open tender, taking into account the specifics established by this part. This rule requires a repeated tender on the same procurement conditions as the failed one, with the exception of an increase in the term of the contract and an increase in the initial (maximum) price (up to 10%). If the repeated tender is also declared invalid due to the lack of proper bids, this purchase by conducting a request for proposals in accordance with paragraph 8 of Part 2 of Art. 83 of Law No. 44-FZ (while the procurement object cannot be changed) or otherwise in accordance with Law No. 44-FZ. The procedure for holding a re-competition is discussed in more detail in a separate article.
Regarding the "new purchase", Law No. 44-FZ does not give any instructions, therefore, in our opinion, we should talk about procurement in any way that can be chosen by the customer, based on the general principles for choosing a procurement method, established by Part 5 of Art. ... 24, part 2 of Art. 48 and other norms of Law N 44-FZ. Unfortunately, we could not find any official explanations or law enforcement practice on this issue.
In order to select the procurement method, when the tender is declared invalid, it should be noted that if the repeated tender is also declared invalid due to the complete absence of proper bids, the customer has the right to carry out the procurement again by conducting a request for proposals (part 4 of article 55, clause 8 Part 2 of Art. 83 of Law No. 44-FZ). The consequences of the recognition of a failed new purchase, carried out by a method chosen in accordance with general principles, are determined by the general rules on the chosen method.
Also, according to Part 6 of Art. 55 of Law N 44-FZ if the two-stage competition is declared invalid on the grounds provided for in Part 15 of Art. 57 of Law N 44-FZ due to the fact that at the end of the deadline for submitting final applications for participation in the two-stage tender, no such application was submitted or the tender commission rejected all such applications, the customer makes changes to the schedule (if necessary, also to the plan purchases) and carries out a repeated tender in accordance with Part 3 of Art. 55 of Law N 44-FZ with the participation of an unlimited number of persons or again carries out the purchase. At the same time, from the indication that the customer is holding a repeated tender "with the participation of an unlimited number of persons or is making a purchase again", it can be concluded that in this case the customer has the right to hold a repeated tender, which is not a two-stage tender. Unfortunately, we could not find any official explanations or law enforcement practice on this issue.
Hello dear colleague! In this article, we will talk with you about competitions with limited participation held within the framework of 44-FZ. In practice, such procedures are carried out much less frequently than open tenders, but they have certain features of the conduct that you need to know about. In this article, I tried to tell as much as possible about this type of procurement.
Thus, the participant's application must first undergo prequalification selection (PQS), and only then consideration and evaluation. If the participant's application did not pass the PQS, then it is not allowed until it is considered and evaluated.
Since all types of competitions under 44-FZ have a single legal basis, then the provisions on an open tender are applied to a tender with limited participation, taking into account the specifics specified in Article 56 44-FZ.
2. Cases of a competition with limited participation
According to part 2 of article 56 44-FZ, the Customer purchases through a tender with limited participation in the following cases:
- Purchase of high-tech and innovative goods (works, services) ( An important point: The list of such goods (works, services) is established by the Government of the Russian Federation. Cm. );
- Carrying out works on the preservation of cultural heritage sites; restoration of museum items and museum collections; performance of work, provision of services related to the need to admit contractors, performers to the accounting databases of museums, archives, libraries, to the depositories (depositories) of the museum, to the security systems of museum items and museum collections, archival documents, library funds.
According to Appendix 2 to the Decree of the Government of the Russian Federation of 02/04/2015 No. 99 to goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors , performers) having the required qualification level include:
- execution of works on design, construction and decommissioning of nuclear facilities;
- performance of work on handling nuclear materials spent nuclear fuel, radioactive substances and radioactive waste, including during their use, processing, transportation, storage, disposal and disposal;
- execution of works on the design and manufacture of equipment used at nuclear facilities;
- carrying out work on the repair of weapons and military equipment nuclear weapons complex;
- performance of construction, and (or) reconstruction, and (or) overhaul of especially dangerous, technically complex, unique facilities capital construction, artificial road structures (included in the composition of highways of federal, regional or intermunicipal, local significance), if the initial (maximum) contract price for meeting state needs exceeds 150 million rubles, for meeting municipal needs - 50 million rubles;
- provision of services Catering and / or delivery food products purchased for organizations engaged in educational activities, medical organizations, organizations social service, organizations for the recreation of children and their recovery in the event that the initial (maximum) contract price (lot price) exceeds 500,000 rubles;
- performance of work to determine the cadastral value during the state cadastral valuation;
- conducting a mandatory public technological and price audit large investment projects with state participation(Further - investment projects) in respect of capital construction projects, the financing of construction, reconstruction or technical re-equipment of which is planned to be carried out in whole or in part at the expense of funds federal budget using the mechanism of the federal targeted investment program, as well as through budget allocations The Investment Fund of the Russian Federation;
- Provision of services for the organization of recreation for children and their health improvement.
Moreover, for each case from Appendix 2, Resolution No. 99 establishes additional requirements that the procurement participant must meet, as well as documents that must be provided as confirmation of compliance with such requirements.
I also want to note that the Customer is entitled to carry out purchases of goods, works, services specified in part 2 of article 56 44-FZ by holding a closed auction, as well as at. At the same time, the additional requirements established in accordance with Part 2 of Article 31 44-FZ in relation to procurement participants, which are carried out only through a tender with limited participation, are not applied to the participants in such purchases.
3. Stages of the competition with limited participation
There are 7 main stages of the competition with limited participation:
Stage 1. Preparing the Customer for the purchase.
Stage 2. Placement by the Customer of the notice and tender documentation in the unified information system (UIS).
Stage 3. Acceptance of applications from participants.
Stage 4. Opening of envelopes with applications (opening access to applications submitted in in electronic format).
Stage 5. Pre-qualification selection among procurement participants.
Stage 6. Consideration and evaluation of applications (carried out according to the rules of an open tender).
Stage 7. Conclusion of a contract with the winner (the procurement participant who proposed the most Better conditions execution of the contract).
4. Competition with limited participation: timing
Below in the table you will find the main timing of this procedure:
Note: Since the provisions on an open tender apply to KOU, you can see other terms, if necessary, in the one dedicated to the holding of open tenders.
5. Cases of recognition of a competition with limited participation invalid
There are two cases in which a KOU can be declared invalid (part 9 of article 56 44-FZ):
Case 1: If, according to the results of the prequalification selection, none of the procurement participants is recognized as complying with the established uniform requirements and additional requirements of the Customer.
In this case, the Customer holds a repeated tender or a new purchase (part 2 of article 55 44-FZ).
2 Case: Only one procurement participant was recognized as meeting the established uniform and additional requirements of the Customer.
In this case, the Customer enters into a contract with a single supplier (contractor, performer) in accordance with clause 25, part 1 of article 93 44-FZ (part 1 of article 55 44-FZ).
6. The difference between an open competition and a competition with limited participation
In fact, the differences between an open competition and a competition with limited participation are minimal. The main difference, as you already understood, is that the KOU has a pre-qualification selection, where the participant's compliance with uniform and additional requirements is checked. And when holding an open competition, participants are checked only for compliance with uniform requirements and they do this at the stage of consideration and assessment competitive applications.
P.S .: If you still have questions, you can ask them below in the comments to this article.
Sometimes, during the competitive procedure, it is not possible to select a contractor or supplier, and the competition is declared invalid. The law prescribes an algorithm of actions in such a situation. For what reasons the competition may be declared invalid and what to do in this case, we will consider in our material.
When holding an open tender, the customer places a notice and other documentation in the EIS, that is, it is available to an unlimited number of persons. V deadlines participants submit their applications with the terms of the contract. The winner is the one who offered the best conditions according to the criteria specified in the tender documentation.
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Grounds for a failed competition
An open tender can be declared invalid in two situations - at the stage of consideration of applications, and also when the winner has already been selected, and the customer is waiting for a signed contract and some documents from him.
Thus, a tender is declared invalid when the commission rejects all submitted applications for an open tender, or when only one meets the requirements of the tender documentation.
When the winner has already been selected, he has 10 days from the date of posting the protocol in the EIS to sign the contract and hand over copies of it to the customer. Together with them, the winning participant provides confirmation that he has contributed the security of the contract. If these steps have not been completed within the specified time frame, the winner will be deemed to have evaded the contract.
In this situation, the customer can file a claim in court and demand compensation for his losses, and conclude a contract with the participant whose application was assigned the second number. However, to disrupt the deadlines and not provide Required documents maybe this member too. If this happens, the competition is declared invalid.
Let's briefly analyze in what cases a two-stage competition and a competition with limited participation can be declared invalid... When holding a competition with limited participation, a pre-qualification selection is carried out, and in addition to the uniform ones, additional requirements are imposed on the participants.
If, according to the results of the prequalification selection, none of the participants was recognized as meeting the customer's requirements, or the commission recognized only one participant as appropriate, the open tender shall be declared invalid.
In a two-stage competition, bidders submit initial bids, which indicate proposals for the subject of the contract, but do not name the price. After the first stage, the commission discusses the proposals submitted by them with the participants, and pre-qualification selection also takes place. If, according to the results of the first stage, none of the participants was recognized as meeting the requirements, or only one participant was recognized as such, then the competition is declared invalid.
If several participants were selected, the second stage takes place. On it, the participants submit their final bids indicating the price of the contract.
