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Is it possible to cancel an auction? When the participant of the electronic auction has the right to refuse to sign the contract

acceptance / non-acceptance of individual comments and proposals;
argumentation of non-acceptance of individual comments and proposals;
formulating your own proposal on a controversial issue;
statement of facts, description of factors contributing to the understanding/acceptance by the partner of the position of the author of the letter;
a description of the possible follow-up actions of the partners or/and the author of the letter in order to reach a consensus on the controversial issue;
a description of the subsequent actions of the author of the letter in case of impossibility of reaching a compromise;
expression of interest in cooperation;
an expression of hope for reaching mutual understanding, for the successful completion of the preparation of the text of the treaty and its signing.

Examples of rejection letters Letter of rejection No. 1 (in response to received from partners standard contract) To the Commercial Director of OAO Elektrokomplekt M.I.

Supplier rejection letter

You are forced to refuse, but do not want to spoil your reputation. Each of these situations is potentially dangerous for your success. But a well-crafted business opt-out letter can give you an honest warning about your position without aggravating the current situation. You may not strengthen your relationship with your partner in this way - but you will not spoil them either.
Rejections are a normal practice in the business world. The sooner you learn how to present them correctly, the better. How to write a rejection letter? The details of any business letter with a formal refusal correspond to the usual details for a business letter from a firm.

How to write a good rejection letter

Attention

At the same time, if the customer has not made changes to the documentation, and a polite refusal to participate in the tender still needs to be arranged, then this is not difficult to implement. The Law on the Contract System establishes a ban on the submission of two or more applications by one participant. Thus, if the participant submits the second proposal on his own behalf, in such a case, on the basis of par.

4 tbsp. 78 44-

Important

FZ, all documents will be returned without consideration. Withdrawal of an application in competitive procedures B open competition the opportunity to change or withdraw their applications remains until the envelopes are opened or access to them is made available in the EIS (clause 3 of article 52 44-FZ). IMPORTANT! Functionality accepting proposals in the EIS will only work on January 1, 2019.

The notice of withdrawal can be sent in the same form in which the documents for participation were sent to the customer: in paper form or as an electronic file.

Rejection letter

The refusal letter should contain a clear wording of the refusal + a clear explanation of the reasons why the decision was made to refuse: “Despite the technically competent project, we are forced to refuse your services for the time being. Since the costs that our company will have to bear, both during the payback period of the project and after, exceed our current costs” “At the same time, we have decided that it is impossible to accept your proposal at the moment. This is due to the fact that ... " "Unfortunately, at the moment we have made a positive decision in favor of another candidate, whose professional experience is more consistent with the volume and complexity of the tasks to be solved in this position."
6.

Letter of Refusal of Offer (Samples)

If any additional papers were attached to his proposal by your opponent, indicate that you have read them.

If possible, express in the letter an expression of hope that cooperation will nevertheless take place, without failing to introduce the conditions that must be met for this.
Finally, sign the letter and date it.

Refusal to participate in the tender

For example: Dear Oleg Olegovich! or Dear sir Makarenko! or Dear Ms. Mitrofanova! If we doubt even the name of the addressee, we simply write “Dear Sirs!” Unlike a letter of offer or complaint, a letter of refusal is written only in response to someone else's letter or official request. When you compose the text of such a letter, it should be borne in mind that it must necessarily contain a link to the request, which is placed at the beginning of the text or (even better and absolutely correct) is placed in a special requisite - in special marks located under the fields for the letter number and date : No. On from - here the request data is written. If your company letterhead does not provide for such special fields, the first paragraph of the refusal will begin with a link to the request letter: In response to your letter dated 07/01/2015 No. 434, we inform you that ... Before refusing, you must express regret about this.
The costs of the risks that your project eliminates are currently less than the costs of the project. An indication that the proposal of the addressee has been carefully studied. Compliment about the offer. A clear explanation of the reasons for the decision to refuse. Therefore, despite the technically competent project, we are forced to refuse your services for the time being.

Info

Compliment about the offer. Clear wording of the disclaimer. We hope that in the future we will be able to return to this project and continue cooperation. Mention of possible alternatives. Sincerely, Sergey Ivanov Head of the Non-Production Materials Procurement Department of Tekhnologiya LLP I am sure that refusal letters written in accordance with the proposed structure have every chance of characterizing the author of such a letter (company) as a competent, correct, civilized business interlocutor.

Legal consultation

If you are sending a letter by mail or fax, be sure to adhere to the following rules:

Write a reply only to letterhead organizations.
Make sure the waiver is authenticated either CEO or by an authorized person.
Be sure to register the waiver so that it has official force.

If you are submitting a rejection email, the title matters a lot. It allows you to make a first impression of the letter, and in many ways sets the mood from reading. If you are confident that your response will be read and are planning further business relationship with the addressee, then try to avoid negative wording in the title. It is likely that your correspondent will not have the desire to open an email with a headline like "Refuse to participate in the event", so it is better to use a more neutral option.

How to express refusal to participate in an event in a business letter

For example: "About the event", "About participation in the seminar" and so on. Contents of the Rejection Letter business letter must comply with all regulations business etiquette. Be sure to start with an appeal, while focusing on the data specified in the invitation.
If you know the name and patronymic of the correspondent, then you can use the greeting of the form: Dear Nikolai Nikolaevich! It also happens that only the surname and initials of the sender are known. In this case, it is worth limiting yourself to the surname and the business address accepted in Russia (mister, madam): Dear Mr. Nikolaev! Initials should not be used: it not only looks sloppy, but also impolite.

Based on the foregoing, we are forced to express our disagreement with your proposal to include unilateral penalties against the Contractor in the text of the contract. If your position on this issue is not revised by you, we will be forced to insist on the inclusion of counter penalties to the Customer for failure to comply with the deadlines for providing information on advertising objects and the deadlines for passing milestone payments. We hope, dear Oleg Denisovich, that the disagreements that have arisen will be successfully overcome.

In our opinion, the coordination of the agreement is at the final stage and its signing may take place before the end of January this year. WITH Best wishes and deep respect, General Director of CJSC " Advertising agency"Vympel" "M.V. Barinova Refusal letter No. 6 (in response to the wording of certain clauses of the contract received from partners) To the General Director of Partner LLC B.T.

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Tender

Let's figure out how to issue a response for different procedures, as well as study a sample letter of refusal to participate in the tender. Withdrawal of an application in an electronic auction Since electronic auctions are mediated by electronic platform(ETP), then in order to exercise the right to withdraw the offer, you need to send a notification to the operator (part 14 of article 66 of 44-FZ). As a rule, this can be done on the site in one click by clicking on the "Recall" button.

Please note that this must be done before the deadline for accepting proposals.
If the message was sent on behalf of the company and nothing is known about the addressee, then the universal “general” appeal “Dear Sirs!” is used. This is enough to show respect in the absence of other data. Even if you're responding to an email, make sure you let the sender know exactly what the order is for. You can issue this data in two ways: either make a link to the request in a separate requisite under the number and date of the letter (usually such details are present in the general official forms), or provide this data at the beginning of the appeal. If you chose the second method, then the letter should begin with the following lines: In response to your letter dated 02/01/2017 No. 341, we inform you that ... It is advisable not to report the refusal “on the forehead”, especially if you registered the details of the letter in the details. The first lines must have positive content.

Today we will talk about a not very pleasant, but quite common situation - a letter of refusal. Refusal occurs in a wide variety of business situations: refusal to continue/renew cooperation, refusal to fulfill requirements, refusal to hire, etc.

Despite the difference in business situations, writing a refusal letter is associated with the same difficulties when:

- we cannot meet our addressee halfway (perhaps, the addressee is “not bad”, but does not suit us for a number of objective reasons);

- we hate to refuse;

From participation in the tender

How to write a refusal to participate in the tender? There are special forms that you just need to fill out.

You can also write a rejection letter to the company that arranges the auction. For this you will need:

company documentation;
conditions of this event;
an invitation that was sent to you or a notice;
customer details.

How to refuse a tenderYour refusal to participate must be made on a special letterhead of your company. This form should contain all the details of your organization.

The name of the customer company is written in the upper left corner. It is necessary to write the address where this company is located, its phone number, if you know the name of the organizer, then the letter of refusal can be addressed directly to him. Most often, this person is the director of the organization or his deputy.

In the upper right corner, you must put the stamp of your organization. But in its absence, you can write all the official data of the company. You also need to provide a phone number where you can be contacted, and legal address your enterprise;

Next, you need to write the number and date of the received document under the recipient's data: it can be an invitation or a notification to participate. You must write its name. You should also indicate the number and date of the rejection letter. All this must be done according to the rules that exist in office work.

In the center of the letter, you write the name of the organizer, if you know him, or the full name of the company that hosts the event. This document must contain:

the date on which the tender is held;

data of the entrepreneur or the name of the company that conducts the tender;

trade number.

In the content of the letter, you must clearly state the reason why you do not want to take part in this event. You can write that this time you cannot participate and fight for victory, but in the future cooperation between companies is possible. Do not forget to indicate the position and personal data of the employee on whose behalf this document is being compiled.

From delivery of goods

Dear Ivan Ivanovich,

We understand that a changing economy is forcing many companies to take steps to stay competitive. Over the past few months, we have noticed that your prices have continued to rise. I understand you're doing what's best for your company, but I can no longer afford your products. As a result, we decided to conclude a contract for the supply of products with another company.

We wish you good luck in the future. You have an excellent company and we have always been satisfied with your high quality products.

Sincerely,
Petr Petrov

From the conclusion of the contract

Dear Albert Semenovich,

Thank you for taking the time to describe in detail the terms of your offer. The management of our company recognized it as very interesting and profitable, but at the moment we do not need new contracts.

Sincerely,

Egor Leonidovich

Product deliveries

In connection with this and that, in accordance with clause __ of the agreement No. ___ dated ___, we notify you that the above agreement ceases to be valid from _____ of the ___ year.

From our side, with the exception of ......, there are no complaints.

Related to the denial of admission to participate in the auction for public procurement. Conditions for the performer are established by federal law. Let us consider in more detail in which cases the refusal is lawful.

Reasons for refusing auction participants

Regulatory regulation of issues related to electronic auctions in the field of procurement is contained in FZ-44. The law establishes a list of reasons for refusing an auction participant. Among them:

non-compliance with requirements (art. 31);
lack of accreditation (art. 61);
failure to make a deposit (Article 44);
inconsistency of the application (art. 66).

All conditions are directly listed in the legislation, therefore, refusal to participate in the competition is considered unlawful, if not due to one of the specified reasons.

Non-compliance with conditions

The law established uniform requirements for all participants in electronic auctions in order to ensure healthy competition. Conditions are divided into general and special.

Basic requirements for applicants:

compliance with the requirements established by law for organizations that produce goods, provide services of this kind or carry out work;
at the time of filing the application, the issue of bankruptcy of the supplier cannot be considered;
the amount of debt on taxes and fees at the time of filing an application cannot exceed 25% of total cost company assets;
the applicant cannot be in liquidation;
executives (director, members of the board) cannot have a criminal record for economic crimes;
the head is not deprived of the right to hold a position;
the activity of the enterprise was not suspended;
must not have been attracted for illegal remuneration on behalf of a legal entity for the last 2 years;
availability of exclusive rights to the object (if the procurement concerns such objects);
the customer and the supplier cannot be relatives or be married;
the company cannot be offshore.

Special conditions apply to participants in closed electronic auctions at the request of the customer. Among them:

availability of specialists of a certain level of qualification;
wishes for the period of activity;
good business reputation;
possession of objects on the right of ownership to secure an obligation;
Availability Money for the performance of the contract.

In addition, at the request of the customer, it is possible to establish restrictions on the submission of applications to persons included in the register of unscrupulous suppliers.

Refusal to obtain accreditation

Accreditation means admission to participate in an electronic auction issued by the ETP operator. To obtain it, the candidate must submit the following documents:

application for accreditation;
a copy of an extract from the ERUP or USRN (the document is valid for 6 months);
power of attorney to represent the organization or other documents confirming the authority of the applicant;
constituent documentation (for legal entities), civil passport (for an individual);
authorized person's passport;
E-mail address;
for a legal entity - information about maximum amount deals.

The list of documentation is final. Requesting additional information is illegal.

An application for accreditation is considered within five days. The operator sends a refusal if the applicant has not provided a complete package of documents or does not meet other requirements.

Important! The supplier loses the right to submit an application three months before the end of the accreditation period. The period is set for obtaining a new admission to trading.

Failure to make a deposit

The procedure for securing an application is provided for in Article 44. A bank guarantee is a type of security for obligations that is established for contracts worth from 5,000,000 rubles. The supplier deposits funds into the account in the amount determined by the customer's requirement. A special account for a specific order is opened to place the collateral.

The amount of the deposit depends on the amount of the contract and is:

0.5 - 1% if the contract amount is 1 to 20 million rubles;
0.5 - 5% if the contract amount is more than 20 million rubles.

The exception is enterprises for citizens with disabilities or the penitentiary system. The maximum deposit for contracts worth more than 20 million rubles cannot exceed 2%.

Information about the availability of the required amount is checked by the operator within 1 hour after the end of the receipt of applications. The absence of the required amount on the supplier's account is the basis for rejecting the application.

After signing the protocol for consideration of the application, the funds will be unblocked from all bidders, except for the winner.

Application inconsistency

The application requirement is regulated by Art. 66. The application is made in the form electronic document and contains 2 parts.

The first part includes the following information:

supplier consent;
information about the product (if necessary).

The second part contains the following data:

information about the supplier (name, location, TIN, other data);
documents that confirm the supplier's compliance with the requirements;
confirmation of conformity of the goods to the order;
decision to make a major transaction;
declaration;
evidence of the impossibility of providing a national product (when ordering goods of foreign production).

The application is returned by the operator within 1 hour from the date of submission, if it does not meet the requirements. If the document meets the requirements, it is subject to consideration by the auction commission.

The customer canceled the auction

The customer can independently cancel the auction (art. 36). The law provides for such a possibility, but no later than 5 days before the end of the auction period. If the deadlines are missed, then cancellation is possible only in accordance with Art. 401 of the Civil Code of the Russian Federation (consequences force majeure).

The customer must indicate the reason for canceling the auction and place the information in a single system. Contractors are notified of the cancellation directly by the customer and the ETP operator within 1 hour.

Strict restrictions in the field of public procurement are associated with the requirements of antitrust laws. All market participants have the right to healthy competition. Unlawful refusal to participate in the auction is appealed in court.

Such a basis for recognizing the winner of the auction as evading the conclusion of the contract, as the customer's refusal to conclude the contract due to the identified non-compliance of the procurement participant with the established requirements, is not in this list. Therefore, in the situation under consideration, we see no reason to include information about the winner of the auction, from the conclusion of the contract with which the customer refused, to the register of unscrupulous suppliers.

How to cancel a contract

of Law N 44-FZ in the event that the contract is concluded with a procurement participant, with whom, in accordance with Law N 44-FZ, a contract is concluded if the winner of the determination of the supplier, contractor, performer (hereinafter referred to as the counterparty) evades the conclusion of the contract and whose application or proposal is assigned the second number, the customer, within 3 working days from the date of conclusion of the contract with the specified participant, sends the necessary information and documents to the FAS Russia. At the same time, in accordance with the provisions of Art.

104

Attention

Law N 44-FZ does not provide for the obligation of the customer to send information to the RNP about the procurement participant whose bid or offer was assigned a second number that evaded the conclusion of the contract (see

paragraph 1 of the letter of the FAS Russia dated 08.12.2014 N АЦ/50130/14, letter of the Ministry of Economic Development of Russia dated 10.07.2015 N D28i-1968).

Refusal to sign the contract by the supplier 44-fz

The return of funds is carried out within 5 working days (when holding a tender or a closed auction), and the termination of account blocking - within 1 working day (when holding electronic auction), if the following cases occur: 1) a protocol for the consideration and evaluation of applications for participation in the tender or a protocol for summing up the results of an electronic or closed auction is signed.

This clause is only valid for losing bidders; 2) signed a contract with sole member trades; 3) The customer canceled the auction.

In this case, the security is returned to all participants after the decision to cancel the auction is posted in the EIS and brought to the attention of the procurement participants; 4) the application of the trading participant was rejected (including due to the provision by the participant of false information regarding its compliance with the established requirements).

Refusal of the winner from the conclusion of the contract

The contractor also has no right to ignore the signing of the contract (art.
77).

Return of the security of an application for participation in a tender or auction under 44-FZ

On the email, which was indicated during accreditation at this ETP, a letter is sent containing a notice of cancellation, as well as the reasons for making this decision.
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 on the topic: Rejection of an application for participation in an auction under 44-FZ Security of an application under 44-FZ Deadlines for holding an electronic auction under 44-FZ © LLC MCC "RusTender" The material is the property of tender-rus.ru.

In this case, the customer, no later than one business day following the day of establishing the fact that is the basis for such a refusal, draws up and places in a single information system a protocol on the refusal to conclude a contract containing information about the place and time of its preparation, about the person with whom the customer refuses to conclude a contract, about the fact that is the basis for such refusal, as well as the details of the documents confirming this fact.

The specified protocol within two working days from the date of its signing is sent by the customer to this winner.

Law N 44-FZ does not provide for other legal consequences of such a refusal.

Neither the provisions of paragraph 2 of Chapter 3 of Law N 44-FZ, which regulate the procedure for conducting an electronic auction, nor other provisions of this law provide that if the customer refuses to conclude a contract with the winner of the auction on the basis of Part 1 of Art.

Cancellation of the auction

This must be done before the expiration of the term for signing the contract - otherwise, it will be possible to appeal against the actions of the customer only in court. The complaint must be filed with writing and contain all the necessary information. In particular, on the basis of which the winner considers the actions of the customer unreasonable. Please attach the relevant documents. As a rule, this is a copy of the protocol of refusal to conclude a contract, drawn up with violations.

Thus, the customer, in accordance with the norms of 44-FZ, really has the right to refuse to conclude a contract with the winner, but only in statutory cases.

In addition, the refusal must always be motivated, with a clear indication of the reasons.

Rustender
Question answer
44-FZ
Cancellation of the auction

Cancellation of the auction by the customer In accordance with 44-FZ, the customer has the right to refuse to conduct the announced purchase, observing deadlines.

Article 36 of Federal Law 44 regulates general order rejection of all methods of selecting counterparties, except for the request for proposals.

According to the legislation, the customer has the right to cancel the determination of the supplier of goods or services for the performance of the contract no later than 5 days before the deadline for submitting bids.

If the auctions are held in the form of a request for quotations, then the terms are set no later than 2 days. After the expiration of this period, the cancellation of the electronic auction under 44 FZ is possible only due to the occurrence of force majeure circumstances, i.e. in case of force majeure. Circumstances that fit this definition are regulated by civil law, namely in paragraph 3 of Art. 401 of the Civil Code of the Russian Federation.

Won an application how to refuse on 44fz

It happens that after summing up the results of the purchase, for example, an electronic auction, the customer has unforeseen circumstances, and he decides not to sign the contract. However, he can do this only in certain federal law 44 cases, otherwise such actions will be considered illegal and may be challenged in the relevant authorities. In what situations the customer has the right to refuse to conclude a contract The cases in which the customer has the right to refuse to sign a contract are clearly defined by 44-FZ. There are several of them:

Providing deliberately false information by the winner or non-compliance with the basic requirements defined by the documentation (part 9.10 of article 31). It happens that at the stage of consideration of applications, the customer does not have enough time to check all the documents and information provided by the participant.

In accordance with 44-FZ, the customer has the right to refuse to carry out the announced purchase, observing the deadlines. Article 36 of Federal Law 44 regulates the general procedure for refusing all methods of selecting counterparties, except for a request for proposals. According to the legislation, the customer has the right to cancel the determination of the supplier of goods or services for the performance of the contract no later than 5 days before the deadline for submitting bids.

If the auctions are held in the form of a request for quotations, then the terms are set no later than 2 days.

After the expiration of this period, the cancellation of the electronic auction under 44 FZ is possible only due to the occurrence of force majeure circumstances, i.e. in case of force majeure. Circumstances that fit this definition are regulated by civil law, namely in paragraph 3 of Art. 401 of the Civil Code of the Russian Federation.

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

cancellation decision;

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. Let us consider in more detail what exactly can be attributed to such cases.

V Civil Code Russia has an article that defines force majeure, namely Art. 401 of the Civil Code of the Russian Federation.

It says that this concept can include irreversible emergency circumstances that cannot be avoided or prevented under these conditions. The code does not provide for a specifically formulated list of cases that fall under the concept of force majeure, it is limited only by a general definition.

Cancellation of electronic auctions - actions and consequences

According to Part 3 of Art. 36 FZ-44, a notice of cancellation of the auction by the customer must be posted in the EIS on the Internet, and he is also obliged to notify all bidders who have submitted applications of this decision, if he has contacts of these performers.

It should be noted that the customer is not entitled to give access to the documents submitted in the electronic application, the participants. It is necessary to amend the schedule within a period not later than one working day after the decision is made.

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.

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