Submission of price proposals. Participation in an electronic auction: step-by-step instructions Can an electronic auction end automatically

The signs of a procedure such as an electronic auction are regulated in the first part. It states that this is a competitive method for determining a supplier, in which information about the purchase is communicated to an unlimited number of persons by publishing documentation in the EIS. Any interested person who qualifies can participate. The main criterion for choosing a winner at an open auction in electronic form, Federal Law 44, calls the lowest price offer at the auction. To do this, you must submit an application remotely to.

The Government by Order No. 1447-r of 12.07.2018 increased the number of trading platforms from 6 to 8 and approved the only specialized trading platform. The final list included the existing platforms for trading under 44-FZ:

• EETP, RTS-tender;
• Sberbank-AST;
• "Electronic trading systems";
• State Unitary Enterprise "Agency for State Order of the Republic of Tatarstan";
• Russian Auction House;
• TEK-Torg;
• ETP GPB (Gazprombank Electronic Trading Platform).

It became the only specialized electronic trading platform. This site was created last year by Sberbank and the state corporation Rostec specifically for digital procurement under the state defense order.

What has changed after 07/01/2018

When is it

The customer conducts an auction procedure in accordance with 44-FZ for the purchase of products, the performance of work, the provision of services under any of the codes of the product classifier by type of economic activity (OKPD2). But they should not fall under the restrictions of 44-FZ (for example, the need for closed ones).

However, the law provides for cases when the customer necessarily conducts an electronic auction, and becomes about cases of mandatory electronic auction sales.

These include:

• agricultural goods and services;
• mining products;
• food and drinks;
• clothes;
• medicines;
• computer equipment;
• construction works.

The list is quite extensive and includes more than 50 classes of OKPD2.

The constituent entity of the Russian Federation may also accept an additional list of cases in which regional customers will be required to conduct electronic auction procedures for public procurement.

It is worth noting that the listed cases have their own characteristics. For example, it is not obligatory to conduct an EA at especially dangerous, technically complex and unique facilities or the purchase of food products for educational institutions, when the customer has the right to hold a competition with limited participation.

Item 2, Art. 59 provides for relaxation in terms of the mandatory conduct of EA. In particular, if the order does not exceed 500,000 rubles, the customer has the right to post regardless of whether the code of the order being carried out falls into the established mandatory list. The same if the order is carried out in accordance with the cases established by Art. 83 and 93, by request for proposals or u.

Auction instructions

Step-by-step instructions for an electronic auction according to Federal Law 44 of 2019 for the customer and the supplier are regulated by:

1. Determine the date of the event.
2. Carry out the main and final stages.
3. Choose a winner.

Let's go through these steps in order.

How to calculate the day of the auction

The article states that the day of the electronic auction is a working day that follows the expiration date for the consideration of the first parts of applications. If it is being played out in the construction industry and the design and estimate documentation is included in the documentation, then the auction begins four hours after the deadline for submitting applications.

Electronic trading starts at the time that is set on the ETP, based on the customer's time zone. Only suppliers admitted based on the results of the verification of the first parts can participate.

How long does it take to bid

This is influenced by the following parameters:

• starting price;
• how many suppliers will come to the auction;
• how much they drive down the price.

The minimum time is 10 minutes. This is if no one has made a bet. Then the winner will be the one who first applied.

Sometimes trading can last for several days. This is possible if prices fell below 99.5%, and participants are already bargaining for the right to conclude a government contract, that is, they want to pay extra to the customer in order to pick up the order. On average, electronic trading lasts 1-1.5 hours.

How are the main and final stages

The ETP operator monitors compliance with the requirements for the procedure. It can be divided into 2 stages.

The first stage implies that quotations are submitted within 10 minutes from the last one submitted. The step of the auction for 44 FZ in 2019 ranges from 0.5 to 5% of the initial contract price.

It will not work to reduce the cost by one price proposal by more than 5%. Participants reduce the current minimum price within a step.

Let's show by example (CPU - participant's price offer).

This concludes the first phase.

Bargaining is allowed, but taking into account the fact that the supplier cannot repeat or increase its own price offers or make an offer with a zero price.

A participant cannot make a decline outside the auction step if the previous participant made a decline within the step.

The second phase begins if, within 10 minutes from the last price offer, none of the participants has proposed a new price. The stage lasts 10 minutes, during which the participant has the right to reduce his proposed price regardless of the step, but it cannot be lower than the minimum proposed in the first phase.

If within 10 minutes after the start none of its participants has submitted a price, then the auction will be declared invalid.

From 18:00 on the day before the day of the auction and until the start of the auction, the auction robot does not work. The functionality of disabling the auction robot becomes available immediately after the start of the electronic auction by submitting a price offer in manual mode, signing it with an ES certificate.

Scheme "Battering ram", what to do if you hit it

In addition to the schemes that we have listed, there are also gray strategies. One of them is the "Ram" scheme. Its essence is that 3 organizations agree in advance on the bidding scenario. Two of which, in an aggressive strategy, bring down the price “below the baseboard”. The third participant at the final stage takes the third place, half a percent below the victim of the scheme. When considering the second parts, the first two winners have a photograph of their mother-in-law instead of licenses or some documents are missing. As a result, the participant takes the contract from the third place, and the fourth bites his elbows due to the fact that he could offer a price much lower, but did not do this, since he decided that the first two participants would compete for the contract.

Therefore, offer your economic minimum in the auction. To do this, you have a final stage, where you can offer a price not lower than the winner. You can also go to court and declare the auction, which took place under this scheme, invalid. Such conclusions were made by the Arbitration Court of the East Siberian District in its decision in case No. А10-3052 / 2018 dated 04.07.2019.

1. Only participants registered in the unified information system, accredited on the electronic platform and admitted to participate in such an auction may participate in an electronic auction.

2. An electronic auction shall be held on an electronic platform on the day specified in the notice of its holding and on the day specified in accordance with Part 3 of this Article. The start time of such an auction is set by the operator of the electronic platform in accordance with the time zone in which the customer is located.

3. The day of the electronic auction is the business day following the expiration date for the consideration of the first parts of applications for participation in such an auction. In this case, if the project documentation is included in the procurement documentation in accordance with Clause 8 of Part 1 of Article 33 of this Federal Law, an electronic auction is held four hours after the deadline for filing applications for participation in the specified electronic auction.

(see text in previous edition)

4. An electronic auction is conducted by reducing the initial (maximum) contract price specified in the notice of such an auction in the manner prescribed by this article.

5. In the event that, in accordance with this Federal Law, the number of supplied goods, the volume of work to be performed, and the provision of services cannot be determined, an electronic auction is conducted by reducing the initial amount of prices for units of goods, work, services in the manner prescribed by this article.

(see text in previous edition)

6. The amount of decrease in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 percent to 5 percent of the initial (maximum) contract price.

(see text in previous edition)

7. When conducting an electronic auction, its participants submit proposals for the price of the contract, providing for the reduction of the current minimum proposal for the price of the contract by an amount within the "auction step".

8. When conducting an electronic auction, any of its participants is also entitled to submit a proposal for the price of the contract, regardless of the "step of the auction", provided that the requirements provided for in part 9 of this article are met.

9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:

1) a participant in such an auction is not entitled to submit a contract price offer equal to or greater than the contract price offer previously submitted by this participant, as well as a contract price offer equal to zero;

2) a participant in such an auction is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the "auction step";

3) a participant in such an auction is not entitled to submit a contract price proposal that is lower than the current minimum contract price proposal if it is submitted by such an electronic auction participant.

10. From the beginning of the electronic auction on the electronic platform until the expiration of the deadline for submitting bids for the contract price, all bids for the contract price and the time of their receipt, as well as the time remaining until the deadline for submission of bids for the contract price in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting bids from participants in such an auction on the contract price is set, which is ten minutes from the beginning of such an auction until the expiration of the deadline for submitting bids for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the expiration of the deadline for submitting bids for the contract price is updated automatically, using software and hardware that ensure the holding of such an auction, after the initial (maximum) contract price has been reduced or the last bid for the contract price has been received. If during the specified time not a single offer for a lower contract price has been received, such an auction is automatically terminated by means of software and hardware that ensure its implementation.

12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any of its participants has the right to submit an offer for the contract price, which is not lower than the last offer for the minimum contract price, regardless of the "auction step", taking into account the requirements provided for clauses 1 and 3 of part 9 of this article.

13. The operator of an electronic site is obliged to ensure the confidentiality of information about its participants during an electronic auction.

14. During the electronic auction, the operator of the electronic site is obliged to reject proposals for the price of the contract that do not meet the requirements provided for in this article.

15. Rejection by the operator of the electronic platform of proposals for the price of the contract on the grounds not provided for in part 14 of this article is not allowed.

16. If a participant in an electronic auction offered a contract price equal to the price offered by another participant in such an auction, the earlier proposal for the contract price is recognized as the best.

17. In the event that an electronic auction is conducted in accordance with Part 5 of this Article, the participant who offered the lowest contract price is the person who offered the lowest price of units of goods, work, services.

(see text in previous edition)

18. The minutes of the electronic auction shall be posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol specifies the address of the electronic site, the date, start and end time of such an auction, the initial (maximum) contract price, all minimum bids for the contract price made by the participants of such an auction and ranked in descending order, indicating the identification numbers assigned to bids for participation in such an auction, which are submitted by its participants who have made the relevant proposals for the price of the contract, and indicating the time of receipt of these proposals.

(see text in previous edition)

19. Within one hour after the posting on the electronic site of the protocol specified in part 18 of this article, the operator of the electronic site is obliged to send the customer the specified protocol and the second parts of the applications for participation in such an auction submitted by its participants, the proposals for the contract price of which, when ranking in in accordance with part 18 of this article received the first ten serial numbers, or if less than ten of its participants took part in such an auction, the second parts of the applications for participation in such an auction submitted by its participants, as well as information and electronic documents of these participants, provided for in part 11 of article 24.1 of this Federal Law. At the same time, when conducting an electronic auction, if the project documentation is included in the procurement documentation in accordance with Clause 8 of Part 1 of Article 33 of this Federal Law, the operator of the electronic site shall also send to the customer the first parts of the applications of such participants provided for in Part 3.1 of Article 66 of this Federal Law. Within the specified period, the operator of the electronic site is obliged to send appropriate notifications to the participants.

(see text in previous edition)

Participation in public procurement auctions still raises many questions, and therefore we have prepared an instruction that includes five steps. Study it and you will surely prevail.

The auction is the most popular type of procedure: in 2015, state customers under the Law "On the Contract System ..." carried out 56% of purchases with it. Participation in the auction still raises a lot of questions, and therefore we have prepared an instruction including 5 steps that will allow you to win.

Stage 1. Filing an application

You need to prepare in advance!

It is necessary to conduct a preliminary analysis of the customer, making the calculation of the minimum favorable price. Since it is possible to submit quotations several times in an auction (as opposed to other procedures), it is better to calculate the lower limit in advance.

Oleg Vitalievich P., an individual entrepreneur from Samara, took part in an electronic auction for the provision of services for washing, ironing and disinfection of linen for a city hospital. The customer set the minimum price for the provision of services for washing a unit of linen - 58.33 rubles. (the total contract price was just over 400 thousand rubles). And the entrepreneur calculated that in his laundry, washing 1 kg of linen would cost an average of 20 rubles. per kg. (140.0 thousand rubles). Thus, Oleg Vitalievich could bargain not less than this amount, and the price of the won contract was 140.8 thousand rubles.

If the company only lights up in purchases, but does not win them, then this will be an additional confirmation of its conscientiousness. However, after winning public procurement, Oleg Vitalievich approached representatives of a large state corporation with a proposal to be their supplier in the procurement of similar services. He also received a lucrative offer from a large supermarket chain and a serious commercial customer. The entrepreneur provided services for the hospital, which played an important role in the signing of the contract, since medical institutions have rather high requirements for such services.

Hello dear colleague! In today's article, we will discuss participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. Currently, the share of electronic auctions accounts for more than 65% of all purchases carried out in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum every year, however, despite such popularity, the problems among auction participants do not diminish. Therefore, in my article I tried to give the most detailed information on participation in electronic auctions under the current 44-FZ. ( Note: this article was updated on July 20, 2019).

1. The concept of an electronic auction

So, let's first look at the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Electronic Auction (Electronic Auction) - an auction, in which information about the procurement is communicated by the Customer to an unlimited number of persons by placing in (EIS) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on the procurement participants, the holding of such an auction is provided on the electronic site by its operator.

There is also a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — bidding held in electronic form on electronic platforms, the winner of which is the person who offered the lowest price of the state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.

2. Platforms for holding electronic auctions

As mentioned above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — it is an Internet site where electronic trading takes place.

3. When is an electronic auction held?

According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction in the event that purchases of goods, works, services are carried out, including:

• to the list established by the Government of the Russian Federation (Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as revised on June 3, 2019) “On the list of goods, works, services, in case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction ) ”) Note: this List is a table in which codes according to OKPD2 and the names of goods, works, services purchased with the help of EA are indicated. In addition, a number of exceptions from this list are indicated;
• or in an additional list at the level of a constituent entity of the Russian Federation (part 2 of article 59 44-FZ).

The inclusion of goods, works, services in the above lists is carried out if the following conditions are met simultaneously:

1. it is possible to formulate a detailed and accurate description of the procurement object;
2. the criteria for determining the winner of such an auction are quantitative and monetary.

Important: The customer has the right to purchase goods, works, services not included in the above lists (part 3 of article 59 44-FZ) through an electronic auction.

4. Accreditation of e-auction participants

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the EIS and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ has ceased to operate since 01.01.2019. Now new procurement participants must register in the EIS, after which they will be automatically accredited at 8 "state" sites. It is much more convenient and faster than a separate accreditation at each site taken. But accreditation at the specialized site "AST GOZ" is carried out separately.

Participants who, before 01.01.2019, were accredited on the "state" ETP, will be able to participate in procurement in electronic form without registering in the EIS until 31.12.2019. Such participants can register in the EIS at any time during 2019 of the year.

ETP operators notlater than working day next after the day of registration of the procurement participant in the EIS, accreditation of such a participant on the electronic platform is carried out.

This accreditation is carried out through information interaction ETP with the EIS (part 4 of article 24.2 44-FZ).

An important addition! On July 1, 2019, the provisions of the Federal Law of May 1, 2019 No. 71-FZ "On Amendments to the Federal Law" On the Contract System in the Sphere of Procurement of Goods, Works, Services to Ensure State and Municipal Needs "came into force. According to these changes, operators of electronic sites must maintain new registers of procurement participants accredited on the electronic site in the new order, which entered into force on January 1, 2019, that is, after the registration of the procurement participant in the EIS. At the same time, in order to participate in purchases with additional requirements in accordance with parts 2 and 2.1 of Article 31 44-FZ, participants must send such information to the ES operators for its further inclusion in the register. But this can only be done by those participants who have passed registration in the EIS, i.e. received accreditation for electronic signature under the new rules.

5. Algorithm for conducting an electronic auction for 44-FZ

In this part of the article, I will describe in stages all the actions of the Customer and the procurement participant when holding an open auction in electronic form in accordance with 44-FZ. Let's first look at the actions of the Customer with you.

5.1 Actions of the Customer when conducting an electronic auction

Stage 1 - Preparation for an electronic auction

At this stage, the Customer is engaged in organizing and planning the upcoming purchase, forms an auction (single) commission, determines its composition and operation procedure, develops and approves the regulations on the commission, engages a specialized organization (if necessary).

Stage 2 - Preparation of documents for an electronic auction

At this stage, the Customer is engaged in the development and approval of documentation for the electronic auction (general provisions, information card, application form, instructions for completing the application, substantiation of the NMC, terms of reference, draft contract, etc.).

Stage 3 - Posting information about an electronic auction

At this stage, the Customer prepares and places in the EIS (on the official website www.zakupki.gov.ru) a notice of an electronic auction and documentation.

Stage 4 - Identification of participants in an electronic auction

At this stage, the Customer considers the first parts of applications for participation in the electronic auction and prepares a protocol for consideration of applications.

Stage 5 - Determination of the winner of the electronic auction

At this stage, the Customer considers, received from the operator of the electronic platform, the second parts of the applications for participation in the EA and prepares a protocol for summing up the results. Over 10,000 protocols may appear in all regions of the Russian Federation within 24 hours. They are usually aggregated by services such as CRMBG.SU.

Stage 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the performance conditions proposed by the winner of the EA, and sends it to the winner, checks the availability of the entered security for the performance of the contract or a bank guarantee, signs a contract with the winner.

So, we figured out the actions of the Customer, now let's look at the actions of the procurement participant.

5.2 Participant's actions during an electronic auction

Stage 1 - Obtaining an electronic signature

To participate in electronic auctions, as well as to register in the EIS and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then you can order it on favorable terms.

Stage 2 - Registration in the EIS and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, therefore, he must go through this procedure without fail. How to do this was described above.

Note: The first two stages, in fact, are preparatory stages, without which participation in electronic auctions is impossible.

Stage No. 2.1 - Opening a special account for making collateral for applications

In order to apply for participation in the electronic auction, you will also need a special account to which money is credited to secure the bids. Also, money will be debited from this account by the site operator for winning the auction if you are recognized as the winner. What is a special account and what it is for is written in detail. You can familiarize yourself with the conditions for opening and maintaining a special account.

Stage 3 - Search for information about an ongoing electronic auction

At this stage, a potential participant searches for information about the auction held in the EIS (on the official website www.zakupki.gov.ru) and downloads the entire set of auction documentation to his computer. The search for information can also be carried out by the participant directly on the electronic sites themselves. On the topic of effective search for tenders in our online school "ABC of Tenders" there is a separate training module, where both paid and free information search tools are considered. You can learn more about our school.

Stage 4 - Analysis of auction documentation

At this stage, the procurement participant examines the documentation on the ongoing EA (terms of reference, instructions, draft contract, etc.) and decides whether to participate in the auction or not. If the participant makes a positive decision, then he goes to the next stage.

Stage 5 - Depositing funds into a special bank account / providing a bank guarantee

The next mandatory step is depositing funds into a special bank account, or providing a bank guarantee ( Important: The opportunity to provide a bank guarantee as a security for the application appeared for the procurement participants from 01.07.2019). This is necessary in order to ensure your participation in the electronic auction.

Note:

• if NMCK EA is up to 20 million rubles, then the size is from 0.5% to 1% of NMCK;
• if NMCK EA is more than 20 million rubles, then the amount of security for the application is from 0.5% to 5% of NMCK;
• if the purchase is carried out among institutions or enterprises of the penitentiary system or organizations of persons with disabilities and the NMCC is more than 20 million rubles, then the amount of security for the application is from 0.5% to 2% of the NMCC.

Stage 6 - Preparation and submission of the application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all the necessary documents on the electronic platform, sign them with a qualified electronic signature and send to the operator of the electronic platform.

Within one hour from the moment of receiving information from the bank, the operator of the electronic platform sends to the bank information about the procurement participant and the amount of funds required to secure the application, except for the case of the presence in the registers of bank guarantees provided for by Article 45 44-FZ, information about banking a guarantee issued to a procurement participant to secure such an application.

The bank, within one hour from the moment of receiving the specified information from the operator, is obliged to block the funds on the special account of the procurement participant in the amount of the security of the corresponding application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.

If there are bank guarantees in the registers under Art. 45 44-FZ, information on a bank guarantee issued to a procurement participant to secure an application for participation in an electronic auction, blocking funds in his special account in the amount of a security for the corresponding application not carried out .

Stage 7 - Direct participation in an electronic auction

If, after consideration by the Customer of the first parts of the applications, the participant's application is recognized as meeting the requirements of the Customer, such a participant is allowed before participating in the electronic auction. At this stage, the participant enters the electronic platform on the set day and time and takes part in the EA procedure (submits price offers). We will talk in more detail about how this procedure goes below in this article.

Stage 8 - Conclusion of a contract with the Customer following the results of an electronic auction

In the event that an EA participant is recognized as the winner, he prepares a contract security (or payment order), verifies the draft contract prepared by the Customer, and sends to the Customer through the operator of the electronic platform, a contract signed with a qualified electronic signature, as well as a document confirming the provision of an enforcement contract. The process of concluding a contract with the Customer is described in more detail.

Here we are with you and reviewed the algorithm for conducting an electronic auction for 44-FZ. Each of the stages we have considered has a strictly regulated time frame, which we will talk about below.

6. Terms of the electronic auction under 44-FZ

For the convenience of information perception, all stages of the electronic auction, as well as the timing of these stages are presented below in the form of a table. This table also contains references to specific clauses of Law No. 44-FZ, in which these deadlines are established.

7. Calculator for electronic auction under 44-FZ

11. Requirements for participants in an electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, an EA participant can be any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of a legal entity registered in an offshore zone) or any individual, including those registered as an individual entrepreneur.

Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if any) of Article 31 44-FZ ( Note: these are requirements for a participant to have the necessary licenses, SRO permits, requirements on the absence of information about the participant in the register of unscrupulous suppliers (RNP), as well as additional requirements established by the Government of the Russian Federation).

General requirements for all procurement participants are established in Art. 31 44-FZ.

You can learn more about the requirements for procurement participants.

12. Application for participation in the electronic auction

According to Part 2 of Art. 66 44-FZ, the application for participation in the electronic auction consists of 2 parts: the first and second parts of the application.

Requirements for the content of the first part of the application are established by the norms of parts 3, 3.1, 4 of article 66 44-FZ.

So, according to part 3 of Article 66 44-FZ, the first part of the application for participation in the electronic auction must contain:

1) consent of the electronic auction participant for the supply of goods, the performance of work or the provision of services on the terms stipulated by the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given using the software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent on the electronic platform);

2) when carrying out the purchase of goods or the purchase of work, services, for the performance of which the goods are used:

a) name of the country of origin (if the Customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation on an electronic auction, in accordance with Article 14 44-FZ);

Important: If the Customer in the notice and documentation does not establish prohibitions and restrictions on the admission of goods in accordance with Article 14 44-FZ, the procurement participant may not indicate in his application the name of the country of origin of the goods.

b) specific product indicators corresponding to the values ​​specified in the electronic auction documentation, and indication of the trademark (if any) ... The information provided for by this subparagraph is included in the application for participation in the electronic auction if there is no indication of the trademark in the documentation on the electronic auction or if the procurement participant offers a product that is marked with a trademark different from the trademark specified in the documentation on electronic auction.

Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to deliver this particular product to the Customer, then in the first part of the application it will be enough to simply indicate your consent to the delivery of this product. It is not necessary to indicate specific indicators of the product. If the trademark is not indicated or you plan to supply goods with a different trademark, then the indication of specific indicators in this case is mandatory.

The biggest problem for 90% of procurement participants is the rejection of their applications at the stage of consideration by the Customer of the 1st part of the application. In fact, the first part of the application for the Customer is the main tool for lobbying "their" supplier (contractor).

In order to avoid mistakes in the preparation of the first part of the application by the participants, I have prepared a detailed practical guide called “Breakthrough Application. Get admission to any auction. ” You can learn more about this guide.

According to part 3.1 of article 66 44-FZ first part of the application to participate in an electronic auction if included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ design documentation must contain only consent of the procurement participant for the performance of work on the conditions provided for by the documentation on the electronic auction ( Note: such consent is given using the software and hardware of the electronic platform).

Second part of the application for participation in EA must contain the following documents and information:

1) name (full name), location (place of residence), postal address of the auction participant, contact details, TIN of the auction participant or an analogue of the TIN of the auction participant (for a foreign entity), TIN (if any) of the founders, members of the collegial executive body, person acting as the sole executive body of the auction participant;

2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of part 1 of Article 31 44-FZ, or copies of these documents, as well as ( Note: the specified declaration is provided using the software and hardware of the electronic platform. However, I also recommend that you attach this declaration as a separate file as part of the second part of the application);

( Note: at the same time, it is not allowed to require the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods);

4) a decision to approve or conclude a major transaction, or a copy of this decision;

5) documents confirming the right of the EA participant to receive benefits in accordance with Articles 28 and 29 44-FZ (if the EA participant declared the receipt of these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penal system, as well as organizations of people with disabilities);

6) the documents provided for by the regulatory legal acts adopted in accordance with article 14 44-FZ, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. ( Note: If the application for participation in EA does not contain the documents provided for in this paragraph, or copies of such documents, this application is equated to an application that contains a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed, provided by foreign persons);

7) a declaration on the affiliation of the participant of such an auction to small businesses (SMEs) or socially oriented non-profit organizations (SONCO) in the event that the customer establishes the restrictions provided for in Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic platform. Also, additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

• Require the EA participant to provide other documents and information, with the exception of those provided for in Part 3 or Part 3.1 and Part 5 of Art. 66 44-FZ documents and information is not allowed;
• An EA participant has the right to submit an application for participation in the auction at any time from the moment of placing a notice of its holding until the date and time of the expiry of the deadline for submitting applications for participation in the auction ( Note: the date and time of the end of the submission of applications are indicated by the local time of the organization carrying out the procurement, remember this when submitting your application);
• An application for participation in an electronic auction is submitted by an auction participant to an operator of an electronic site in the form of 2 electronic documents at the same time;
• Within one hour from the date of receipt of the application for participation in the EA, the operator of the electronic site must assign it an identification number and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or returns the application to the participant for reasons , specified in clauses 1-6 part 11 of article 66 44-FZ);
• An EA participant who has submitted an application for participation in the auction has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction, by sending a notification to the operator of the electronic site;
• Electronic documents (their copies) confirming the compliance of the EA participant with the additional requirements established in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ, not included a participant in such an auction in the second part of the application. Such documents (their copies) are sent to the Customer by the ES operator using the software and hardware of such a site simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) placed in the register of procurement participants accredited on the electronic site.

Cases of return of the application to the participant by the operator of the electronic site:

1) the application was submitted in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed with an electronic signature);

2) one participant in the auction submitted two or more applications for participation in it, provided that the applications submitted earlier by this participant are not withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant's application is received after the date or time of the end of the deadline for submitting applications for participation in the auction;

4) the application from the auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: the registration period for a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer ;

6) the absence in the register of procurement participants accredited on the electronic platform of electronic documents (or their copies) of the procurement participant provided for by the list established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation dated 04.02.2015 No. 99) in accordance with Part 3 of Art. ... 31 44-FZ, or inconsistency of such documents (or their copies) with the requirements established in the notice of conducting the EA in accordance with clause 6 of part 5 of Art. 63 44-FZ (when making a purchase, in respect of the participants of which the Customer established additional requirements in accordance with part 2 and part 2.1 of article 31 44-FZ).

13. The procedure for electronic auction under 44-FZ

In this part of the article, we will consider the procedure for participating in an electronic auction directly on the electronic site itself.

So, participants registered in the EIS, accredited on the site and admitted to participate in such an auction can participate in EA (after considering the first parts of the applications). I think this is understandable.

The auction itself is held on an electronic platform on the day specified in the notice of its holding ( Note: EA day is business day following the expiration date of the consideration of the first parts of applications to participate in such an auction. At the same time, EA, if included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ design documentation is carried out 4 hours after the end of the application deadline to participate in the specified EA.).

Important: The start time of the auction is set by the operator of the electronic platform in accordance with the time zone in which the Customer is located.

The auction is carried out by reducing the NMCK by the auction participants, specified in the notice. The value of the decrease in the NMCK (hereinafter referred to as the "auction step") is from 0.5% to 5% NMCK. When conducting an EA, its participants submit proposals for the price of the contract, providing for the reduction of the current minimum proposal for the price of the contract by an amount within the "auction step".

Requirements for price offers of auction participants:

1) the auction participant is not entitled to submit a proposal for the contract price:

• equal to the offer previously submitted by him;
• larger than the previously submitted offer;
• equal to zero;

2) an auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the "auction step";

3) an auction participant is not entitled to submit a contract price proposal that is lower than the current minimum contract price proposal if it is submitted by such an electronic auction participant ( Note: this means that you cannot reduce your price if it is the best at the moment).

If an EA participant offers a contract price equal to the price offered by another participant in such an auction, the contract price proposal that was received earlier is recognized as the best.

Note: If during the EA you accidentally submit an offer that does not meet the above established requirements, then do not be scared too much, because it simply won't be accepted by the operator. Accordingly, you will be able to correct your proposal and resubmit it.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.

When conducting an electronic auction, the time for accepting bids from participants in such an auction on the contract price is set, which is 10 minutes after receipt of the last offer on the contract price ... If during the specified time not a single offer for a lower contract price has been received, such an auction is automatically terminated by means of software and hardware that ensure its implementation.

Within 10 minutes from the moment of completion of the EA, any of its participants has the right to submit an offer for the price of the contract, which is not lower than the last offer for the minimum price of the contract, regardless of the "auction step", taking into account requirements 1 and 3, which are specified above in the section “Requirements for price offers of auction participants ”.

Within 30 minutes after the completion of the EA, the operator places the protocol of the electronic auction on the electronic site.

The EA protocol contains:

• e-site address;
• date, time of the beginning and end of such an auction;
• NMCK;
• all minimum bids for the contract price made by the participants of such an auction and ranked in descending order, indicating the identification numbers assigned to the bids for participation in such an auction, which were submitted by its participants who made the corresponding bids for the contract price, and indicating the time of receipt of these bids.

Within 1 hour after posting the EA protocol on the electronic platform, the electronic platform operator sends the specified protocol and the second parts of the participants' applications to the Customer, and also sends appropriate notifications to the participants, whose second parts of the applications were submitted to the Customer for consideration.

When conducting an EA, if it is included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ of design documentation, the operator of the electronic site also sends the Customer provided for in part 3.1 of Art. 66 44-FZ the first parts of the applications of such participants.

The operator of the electronic site is obliged to ensure the continuity of the EA, the reliability of the functioning of the software and hardware used to conduct it, equal access for its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.

For a better assimilation of information, I suggest you watch a short video on participation in EA on the electronic platform "Sberbank-AST":

14. How long does an electronic auction last?

Many procurement participants are interested in how long the electronic auction procedure can take. It is difficult to give an unambiguous answer to this question, since everything depends on the specific auction, on the NMCK, on ​​the number of participants admitted to participate in the auction, and on the steps of the auction that they use during their participation.

The minimum duration of the EA is 10 minutes. This is in the case when the participants did not submit any price proposals.

According to Part 11 of Art. 68 44-FZ when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set, which is 10 minutes from the start of such an auction before the expiry of the deadline for submission of proposals for the price of the contract, and 10 minutes after receiving the last offer about the price of the contract.

The maximum duration of an EA can be up to several days. This can happen when the participants have reached a contract price of 0.5% NMCK or lower. And then the auction is held for the right to conclude a contract by increasing the contract price (part 23 of article 68 44-FZ). However, in practice, such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

15. How to find out the participants of the electronic auction?

I am often asked if it is possible to find out information about the participants of an electronic auction before the bidding. My answer is that it is possible only by bribing the operator of an electronic platform, but this is illegal. Then the next question arises. Are there legal ways to find out information about the participants of an electronic auction? Yes there is. They are not accurate enough, but with a high degree of probability they allow predicting which suppliers will take part in a particular auction. On this topic, I wrote a separate detailed article, which you can familiarize yourself with.

16. Recognition of the electronic auction under 44-FZ invalid

Below are the cases in which the auction in electronic form under 44-FZ is declared invalid.

1. If at the end of the deadline for filing applications for participation in the EA, only one application is submitted or no applications are submitted, such an auction is declared invalid (part 16 of article 66).
2. In the event that, based on the results of consideration of the first parts of applications for participation in the EA, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction is declared invalid (part 8 of article 67).
3. If, within 10 minutes after the start of the EA, none of its participants has submitted a proposal for the price of the contract, such an auction is declared invalid (Part 20, Article 68).
4. If the auction commission decides that all second parts of applications for participation in it do not meet the requirements established by the EA documentation, or that only one second part of the application for participation in it meets the specified requirements, such an auction is declared invalid (Part 13 of Art. 69).
5. In the event that the second participant (when the EA winner avoids concluding a contract with the Customer) has not provided the Customer with the signed draft contract and the enforcement of the contract within the prescribed period, the electronic auction is declared invalid (part 15 of Art. 83.2).

17. Conclusion of a contract based on the results of an electronic auction

According to Part 9 of Art. 83.2 44-FZ contract can be concluded not earlier than in 10 days from the date of placement in the EIS of the protocol for summing up the results of the electronic auction.

Within 5 days from the date of placement in the EIS of the summarizing protocol, the Customer places the draft contract in the EIS and on the electronic platform without his signature.

Within 5 days from the date of placement by the Customer in the EIS of the draft contract, the winner places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

In the event of disagreements on the draft contract placed by the Customer in the EIS, the winner shall place in the EIS a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments to the provisions of the draft contract that do not correspond to the notice of such an auction, documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date of placement by the winner in the EIS of the protocol of disagreements, the Customer considers the protocol of disagreements and, without his signature, places the finalized draft contract in the EIS and on the electronic platform, or re-places the draft contract in the EIS, indicating in a separate document the reasons for refusal to take into account all or part of the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, the placement in the EIS and on the electronic site by the Customer of the draft contract with an indication in a separate document of the reasons for refusal to take into account, in whole or in part, the winner's remarks contained in the protocol of disagreements is allowed, provided that such a winner has posted the protocol of disagreements on the electronic site within 5 days from the date of placement by the Customer in the EIS of the draft contract).

Within 3 working days from the date of placement by the Customer in the EIS and on the electronic platform of documents (a revised draft contract, or an initial draft of a contract + a document on the reasons for refusal), the winner of an electronic auction places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

Within 3 working days from the date of placement in the EIS of the draft contract and ensuring the execution of the contract, signed with an enhanced electronic signature of the winner, the Customer is obliged to place a contract signed with an enhanced electronic signature in the EIS and on the electronic platform.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For the convenience of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.

Cases of recognition of the winner of an electronic auction as evading the conclusion of a contract:

1. if the winner in the established art. 83.2 44-FZ deadlines did not send the signed draft contract to the Customer;
2. if the winner has not sent a protocol of disagreements to the Customer within 5 days from the date the Customer placed the draft contract in the EIS;
3. if the winner has not complied with the anti-dumping requirements provided for in Art. 37 44-FZ (in case the contract price is reduced by 25% or more from the NMCK).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCK, the winner of such an auction provides:

• ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMCK> 15 million rubles); ensuring the execution of the contract in accordance with Part 1 of Art. 37 44FZ or the information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of a security for the performance of the contract in the amount of the security for the performance of the contract specified in the procurement documentation (if the NMC< 15 млн. руб.);
• justification of the price of the contract in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, means for the ambulance, including emergency specialized, medical care provided in an emergency or urgent form, medicines, fuel).

You can learn more about anti-dumping measures in 44-FZ.

At the end of the article, I suggest you watch another very useful video, which tells why you should not apply for participation in EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like, share information with friends and colleagues. If, after studying the material, you still have questions, then ask them below in the comments.

See you in new articles!

Under the term of the electronic auction according to 44-FZ means the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and in what terms, according to the law, they must take place.

Electronic auction for 44-FZ - terms in the table

If the NMCC less and equal to 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction facilities is less than or equal to 2 billion rubles), then the minimum time for the procurement and conclusion of the contract 19 days.

If the NMCC more than 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction facilities more than 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 26 days.

Deadlines for filing applications for electronic auction under 44-FZ

1. The very first step in organizing an electronic auction is to post a notice of its holding and tender documents. The deadline for filing applications for an electronic auction varies depending on the amount of the NMCK: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, overhaul of capital construction facilities exceeds 2 billion rubles), then the notice must be posted in 15 days(or more) before the deadline for accepting applications. If the amount of the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days(or more).

2. There are times when it is necessary to make changes to the notice itself or the documentation. For this, the following terms are provided in electronic auctions under 44-FZ: no later than 2 days before the deadline for accepting applications.

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days and up to 7 days, respectively.

3. If the customer decided to refuse to hold the auction, then he can do it no later than 5 days before the deadline for accepting applications.

4. The bidder can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The customer is obliged to publish the answer within 2 days from the date of receipt of this request.

5. The participant of the electronic auction can change or withdraw his application at any time before the end of the admission period. If he does not have time to do this within the specified period, his first part of the application will be considered and, if it matches, the participant will be admitted to the auction, but he has the right not to submit price proposals.

6. The next step is to consider the first parts of the applications submitted by the participants. It composes 1 working day after the end of the submission period, if the contract price is less than or equal to 300,000,000 rubles. (in the case of construction work, RUB 2 billion or less).

In all other cases, the period for consideration of the first parts of applications is 3 working days... During this period, applications are eliminated that do not meet the requirements for the composition of the first part of the application specified in the documentation.

At the same time, a protocol of consideration of the first parts of the application is sent to the operator of the ETP, on which the purchases take place, and the data is posted in the EIS.

However, if the documentation contains project documentation, then the deadline for filing applications is also the time for considering the first parts of applications. In other words, if a participant has submitted an application for participation in such an auction, it is automatically considered accepted.

7. Then comes the deadline for the auction under 44-FZ, this is the business day following the expiry date of the first parts.

For example, if the applications were reviewed on Friday, then the electronic auction will be on Monday, because after Friday, the next business day is Monday.

If project documentation is attached as part of the documentation, then the auction takes place 4 hours after the end of the application submission.

8. After that, it is necessary to announce the minutes of the auction. On the electronic procurement site, this information is placed within 30 minutes after the end of the last phase of the auction, and the protocol is sent to the customer within 1 hour, together with the second parts of the orders, after publication on the ETP.

9. Consideration of 2 parts of the application must take place on time no more than 3 working days, from the moment of posting the protocol on holding an electronic auction on the site. The final protocol, drawn up after consideration of the second parts of the bids, will determine the winner of the purchase.

10. Within 5 calendar days, from the date of posting the final protocol, in which the winner is determined, the customer sends him a draft contract in the winner's personal account.

Terms of signing a contract under 44-FZ in an electronic auction

11. Within 5 calendar days after receiving the draft contract from the customer, the winner must sign the contract for his part, attaching a document on the enforcement of the contract, or send the customer a protocol of disagreements.

12. If a protocol of disagreement was sent, then the customer is given 3 days to study it and publish the modified version of the contract. If the contract is to be placed without changes, then the customer must justify the refusal of the proposed changes by the participant.

13. During the next 3 working days, after the publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document on the enforcement of the contract.

14. The customer must sign the contract within 3 working days after the winner has done so. From this moment on, the contract is considered concluded.

Please note that the contract cannot be concluded earlier than 10 days from the date of determining the winner, those. posting the final protocol.

15. In the event that the participant's application was rejected for the first / second part or during the auction violations were revealed by the customer or the operator of the electronic site, the participant has 5 days from the date of the final protocol(i.e. from the moment the winner is determined) in order to send a complaint to the FAS.

You can learn about all the terms of the electronic auction and its features in our training course "State order". RusTender employees have specially collected all the necessary information, supported by their own experience of participation, thanks to which you can successfully participate in public procurement and receive contracts.

These are the main stages and terms of the 44-FZ auction, which is held in electronic form on the electronic trading platform of federal operators. All time characteristics given in the text are relevant at the time of this writing. To always be aware of the latest changes, follow the norms of the legislation of the Russian Federation.

These are the main stages and terms of the 44-FZ auction, which is held in electronic form on the electronic trading platform of the federal operator. All time characteristics given in the text are relevant at the time of this writing. To keep abreast of the latest changes

LLC MCC "RusTender"

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