If during the auction the price was offered by only one participant, the state customer can sign the contract with it

23 January 2017, Monday

Explanations of the Ministry of Economic Development allow to come to this conclusion. In "letter" it noted: the customer shall consider the second part of the request of the participant who one made the price proposal at an electronic auction. If the request corresponds to documentation, it is accepted also the auction "is recognized cancelled".

Explanations of the ministry were required as the Law N 44-FL directly doesn't regulate the described situation.

At the same time in the Law N 44-FL there is a provision which allows to sign the contract with "the unique supplier" when the commission, having considered the second parts of requests, accepted only one of them.

We believe, this "regulation" is applicable also in a situation when the price proposal was submitted only by one of participants. The state customer in that case signs with him the contract provided that the second part of its request conforms to requirements of documentation.

Let's remind, the official is threatened by "penalty" of 50 thousand rubles if it evades from the conclusion of the contract.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 14.10.2016 N D28i-2793

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