Cancellation of the placed notice of the purchase from a single contractor. Cancellation of a placed purchase notice from a single contractor Restore a notice under 44 fz

21.02.2022

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An electronic auction is by far the simplest and most popular way to conduct a purchase. The customer has the right to refuse further procurement if he can meet the deadlines set for this.

According to the norms of 36 Art. 44-FZ, the customer is given the opportunity to cancel the determination of the supplier of goods and services no later than 5 days before the deadline for submitting applications. When bidding in the form, the deadlines for cancellation are more compressed: you can cancel no later than 2 days.

According to part 3 of Art. 36 FZ-44, the customer must place a notice of the cancellation of the electronic auction in and notify all bidders who submitted bids of the decision. If desired, he may also disseminate information about the cancellation of trading on the Internet. Without these actions, the purchase will not be considered canceled.

The reasons that led to the customer's decision to cancel the electronic auction can be very diverse. For example:

The customer decided that the choice through an electronic auction is inappropriate.
He does not have sufficient funding to conclude a contract for the supply of goods and services to be purchased.
Changes were made to the state or municipal program within which the purchase was supposed to be made.
Change in the current market situation, which can lead to the purchase of low-quality goods at an overpriced price.
There was a need to amend the essential conditions of the purchase, and it takes more time than the submission deadline allows.
No need to buy given or service.
The order of the antimonopoly authority to cancel this purchase.
The decision to cancel was made on the basis of.

It should be noted that this list of reasons is not closed, only the most common reasons are listed above. Law 44-FZ allows for the possibility of canceling purchases for other reasons.

After less than 5 days are left before the end of the acceptance of applications, the electronic auction can be canceled, but only in the presence of exceptional force majeure circumstances (force majeure circumstances).

What kind of situations can be attributed to force majeure circumstances is spelled out in paragraph 3 of Art. 401 of the Civil Code. In particular, the civil law states that the concept of force majeure includes extraordinary irreversible circumstances that cannot be avoided or prevented (flood, fire, hostilities, strikes, etc.).

If it is necessary to cancel the auction when the deadlines have already expired, and the reason is not related to emergency conditions, the customer can use the following option. Two days before the deadline for submitting applications, the customer can make changes to the purchase, while citing a good reason. In this case, the application deadline may be extended by 7 days or more. This time is already enough to cancel the electronic auction in accordance with all the rules.

To cancel an electronic auction, it is required to issue a cancellation decision and an order in writing. These must be communicated to the public.

How to cancel an auction in electronic form according to 44-FZ

The algorithm for canceling an auction in electronic form involves the following steps:

The customer makes a decision to cancel the purchase in writing. The decision to cancel the purchase indicates the very fact of canceling the auction and the reasons that prompted the customer to this decision.
The customer is preparing an order to cancel the electronic auction. The order also displays further actions that follow the cancellation of the purchase. This is another internal document that is being prepared in .
The customer places a notice of cancellation of the purchase in the EIS, after which the auction can be considered canceled. The notice shall indicate the number of the purchase, contact details of the customer, as well as information about the cancellation of the purchase and the location of the notice. However, it is not necessary to indicate the reason for such a decision. The customer after the publication of the notice is deprived of the right to view the contents of the submitted applications. The protocol of cancellation of the electronic auction is not drawn up.
Auction cancellation notifications sent to everyone who submitted bids for the auction. This is done by law by the organizer of the auction, namely the electronic trading platform. Notifications are sent to the participants at the e-mail addresses specified by them during registration on the site within an hour after the notice of cancellation of the purchase was posted in the EIS.
The customer makes adjustments to the schedule. Information about the reason for the cancellation of the purchase is prescribed in the 14th column of the document drawn up taking into account the requirements of the order of the Government of the Russian Federation No. 761 / 20n of 2013. This must be done no later than the next working day after the decision to cancel the purchase.

Consequences of cancellation

After the decision to cancel the auction was made, and information about this was communicated to the participants, all submitted applications from them are canceled. The money that was reserved on the current accounts of the participants on the ETP as a must be returned to them immediately. They are defrosted and made available for further use.

As required by law, the customer is not entitled to provide access to information from applications submitted by participants.

In case of refusal to conduct an electronic auction, the customer will not be liable to the procurement participants. But this rule is valid only when no losses were caused to the participants as a result of the cancellation of the purchase (for example, if the customer canceled the purchase on the last day of submitting bids for the auction).

Participants are not entitled to challenge the customer's decision to cancel the purchase if they have complied with the established regulations.

Thus, the cancellation of the electronic auction is allowed 5 days before the deadline for accepting applications. It is also possible to do this after the indicated deadlines, but this requires force majeure circumstances. The customer must adhere to all procedural rules so that the cancellation of the purchase is not recognized as illegal.

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Lawyers Answers (6)

Lawyer, Novosibirsk

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Hello, Elena.

You have the right to cancel the determination of the supplier no later than 5 days before the deadline for submitting bids for participation in a tender or auction, or no later than two days before the deadline for submitting bids for participation in a request for quotations.

If you do not meet the deadline, then enter into contracts and terminate them by agreement of the parties.

Federal Law No. 44-FZ dated April 5, 2013
(as amended on February 22, 2017)
"On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"
Article 36
1. The customer has the right to cancel the determination of the supplier (contractor, performer) for one or more lots, with the exception of the request for proposals, no later than five days before the deadline for filing 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. After posting in the unified information system a notice of cancellation of the definition of a supplier (contractor, performer), the customer is not entitled to open envelopes with bids of procurement participants or open access to bids submitted in the form of electronic documents. 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.
2. After the expiration of the term for canceling the determination of the supplier (contractor, performer) in accordance with part 1 of this article and before the conclusion of the contract, the customer has the right to cancel the determination of the supplier (contractor, performer) only in the event of force majeure circumstances in accordance with civil law.
3. The decision to cancel the determination of the supplier (contractor, performer) is posted in the unified information system on the day this decision is made, and is also immediately brought to the attention of the procurement participants who submitted the bids (if the customer has information to communicate with these participants). The determination of the supplier (contractor, performer) is considered canceled from the moment the decision to cancel it is posted in the unified information system.
4. When the definition of the supplier (contractor, executor) is canceled, the customer shall not be liable to the procurement participants who submitted the bids, except if, as a result of the cancellation of the definition of the supplier (contractor, executor), the procurement participants suffered losses as a result of unfair actions of the customer.

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1. Open your browser settings.

2. At the very bottom, select "Show advanced settings".

3. Find the "Personal Information" section. In it, click on the "Content Settings" button.

4. A pop-up window will appear in front of you. Find the "Notifications" section in it.

5. To permanently prevent sites from offering you the display of alerts, enable the "Do not show alerts on sites" option.

6. If you previously gave permission to some site, but now want to cancel it, then click on the "Set up exceptions" button. Here you can remove or add any site.

There is an even easier way to get rid of annoying notifications. Open the site whose resolution you want to change and click on the icon at the far left of the address bar. You will see a large menu of individual page settings.

Find the "Alerts" option and set the required value for it.

Opera

It is based on the same engine that is used in Chrome. Therefore, their settings are approximately the same, the difference is only in the names of the items.

Open browser settings.
Navigate to the Sites page. It is here that the necessary section "Notifications" is located.
Remove sites that you no longer want to follow. Here you can prevent all sites from showing notifications.

Firefox

In the Firefox browser, you can also customize the display of notifications. Open the program settings, and then the "Content" tab. Here you can set which sites can disturb you, and which ones are prohibited.

The same action can be performed using the icon in the address bar. Click the i-shaped icon and set the permission for the specific site you're currently on.