Is it possible to conclude a contract at a price equal to zero based on the results of an auction held under Federal Law No. 223?
The specialists of the Ministry of Finance of the Russian Federation stressed in their letter that the provisions of Article 3.2 and Article 3.4 of Federal Law No. 223 do not provide for reducing the contract price to zero and concluding a contract at a price equal to zero.
Recall that Part 3.1 of Article 3 of Federal Law No. 223 lists the methods of competitive procurement: tender; auction; request for quotations; request for proposals. This norm stipulates that the procurement regulations may provide for other competitive methods. In this case, an auction is considered to be a form of bidding in which the winner is recognized as the person whose application meets the requirements of the documentation and who offered the lowest contract price by reducing the initial maximum contract price specified in the notice by the amount specified in the documentation. If the contract price is reduced to zero during the auction, the auction is held for the right to conclude the contract. In this case, the winner is the person whose application meets the requirements of the documentation, and who offered the highest price for the right to conclude a contract (part 18 of Article 3.2 of Federal Law N 223).
Document: Letter of the Ministry of Finance of the Russian Federation dated May 10, 2023 N 24-07-08/42249