The day of the electronic auction is. Participation in an electronic auction: step-by-step instructions

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

2. An electronic auction is 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. Happy electronic auction is the business day following the expiration of two days from the date of the end of the period for consideration of the first parts of applications for participation in such an auction.

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. If in the case provided for in paragraph 2 of Article 42 of this Federal law, in the documentation on the electronic auction, the price of each spare part for machinery, equipment, the price of a unit of work or service is indicated, such an auction is conducted by reducing the amount of these prices 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, but not less than one hundred rubles.

(see text in previous edition)

7. When conducting an electronic auction, its participants submit bids for the contract price, providing for the reduction of the current minimum bid for the contract price 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 does not have the right 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 site until the expiration of the deadline for submitting bids for the contract price must be indicated in mandatory all proposals for the price of the contract and the time of their receipt, as well as the time remaining until the expiration of the deadline for submitting proposals for the price of the contract 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 conduct 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 proposal for a lower contract price has been received, such an auction is automatically completed using 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 by its participant who offered the most low price contract, a person who has offered the lowest total price of spare parts for machinery, equipment and the lowest price of a unit of work and (or) services for maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The minutes of the electronic auction shall be posted on the electronic site 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 with an indication of 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 bids 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 by part 11 of article 24.1 of this Federal Law. During this period, the operator of the electronic site is also obliged to send appropriate notifications to these participants.

(see text in previous edition)

20. If, within ten minutes after the start of the electronic auction, none of its participants has submitted a proposal for the price of the contract in accordance with part 7 of this article, such an auction is declared invalid. Within thirty minutes after the end of the specified time, the operator of the electronic site shall post on it a protocol on declaring such an auction invalid, which indicates the address of the electronic site, the date, start and end time of such an auction, and the initial (maximum) contract price.

21. Any participant of an electronic auction, after posting on an electronic platform and in a unified information system of the protocol specified in part 18 of this article, has the right to send the operator of the electronic platform a request for clarification of the results of such an auction. Operator of the electronic site within two working days from the date of receipt of this request is obliged to provide this participant with appropriate explanations.

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, 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 this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the price of the contract based on the provisions of this Federal Law on the procedure for holding such an auction, taking into account following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction is not entitled to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision on approval or on the conclusion of transactions based on the results of such an auction on behalf of the procurement participant;

(see text in previous edition)

3) the amount of security for the performance of the contract is calculated based on the initial (maximum) price of the contract specified in the notice of such an auction.

Hello dear colleague! In today's article, we will talk about participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. V currently the share of electronic auctions accounts for more than 65% of all purchases made in the Russian Federation (information as of April 30, 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 updated on April 30, 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 the (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 — trades held in in electronic format 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 — is a website on the Internet that hosts electronic trading.

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 amended on February 12, 2018) “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 that contains codes according to OKPD2 and the names of goods, works, services purchased using EA. 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 simultaneously fulfilled:

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 ceased to be effective from 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.

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 site.

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

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

In this part of the article, I will describe in stages all the actions of the Customer and the procurement participant during the open auction in electronic form according to 44-FZ. Let's first take a 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 operating 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 developing and approving the documentation for the electronic auction ( general provisions, information card, application form, instructions for filling out the application, substantiation of the NMCC, 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 - Concluding a contract with the winner of the electronic auction

At this stage, the Customer complements 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 to be accredited on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, you can order it.

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 steps are essentially preparatory steps, without passing 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 to his computer. auction documentation... 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 There is a separate "ABC of tenders" training module, where both paid and free information retrieval 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 - Introduction Money to a special bank account

The next mandatory step is depositing funds into a special bank account. This is necessary in order to ensure your participation in the electronic auction.

Note:

• if NMTSK EA is up to 1 million rubles, then the requirement for the Customer is not established (see Decree of the Government of the Russian Federation No. 439 of 12.04.2018). Important! There is also a letter from the Ministry of Finance of Russia dated October 30, 2018 No. 24-01-07 / 77857 “On securing applications for participation in tenders and auctions at the NMCC up to 1 million rubles; on establishing the amount of penalties in the procurement documentation ", in which the Ministry of Finance says that the RF Resolution No. 439 does not contain restrictions on the establishment of a requirement for securing applications for participation in tenders and auctions when the initial (maximum) contract price is up to $ 1 million. rubles. Based on this letter from the Ministry of Finance, many Customers establish requirements for securing applications (from 0.5% to 1%) in purchases up to 1 million rubles;
• if NMTsK EA from 1 million rubles. up to 20 million rubles, then the amount of security for the application is from 0.5% to 1% of the 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 Required documents on the electronic platform, sign them with a qualified electronic signature and send it to the operator of the electronic site. Within one hour from the date and time of the deadline for filing applications for participation in the EA, the operator of the electronic site sends to the bank information about the procurement participant and the amount of funds required to secure the application. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic site, blocks funds on a 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.

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 security for the execution of the contract (or payment order), checks 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 security 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 perceiving information, 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 links 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, any legal entity can be a participant in EA, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of 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 to 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, 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 under the conditions 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 other than trademark specified in the electronic auction documentation.

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 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 most big problem for 90% of procurement participants it 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 proposal by the participants, I have prepared a detailed practical guide called “Disruptive Application. Get admission to any auction. ” You can learn more about this guide.

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 information, TIN of the auction participant or 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 performing the functions of the sole executive body of the auction participant;

2) documents confirming the compliance of the auction participant with the requirements established by clause 1 of part 1, parts 2 and 2.1 of Article 31 (if any) 44-FZ, or copies of these documents, and ( 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);

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that, in accordance with the legislation of the Russian Federation, requirements for the product, work or service and presentation these documents provided by the EA documentation ( 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 commit big deal 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 legal regulations adopted in accordance with article 14 44-FZ, in the case of the purchase of goods, works, services that are subject to the said legal regulations, 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 business entities (SME) or socially oriented non-profit organizations(SONKO) in the event that the customer establishes the restrictions provided for by 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 parts 3 and 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 it in the form electronic document sent to the auction participant who submitted the specified application, its receipt with an indication of the identification number assigned to it (or returns the application to the participant for the reasons specified in clauses 1-5 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 not later date the deadline for filing applications for participation in the auction by sending a notification to the operator of the electronic site.

Cases of the 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, executors) 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 ...

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 at 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 the electronic platform on the day specified in the notice of its holding ( Note: the day of the EA is the working day following the expiration of 2 days from the date of the expiry of the period for consideration of the first parts of applications for participation in such an auction).

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, but not less than 100 rubles ... 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 this moment the best).

If an EA participant has offered 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 very alarmed, because it simply won't be accepted by the operator. Accordingly, you will be able to correct your proposal and submit it again.

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

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 after receipt of the last proposal for the contract price ... If during the specified time not a single proposal for a lower contract price has been received, such an auction is automatically completed using 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 price of a contract made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such an auction, which were submitted by its participants who made the corresponding bids for the price of the contract, 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 Customer the specified protocol and the second parts of the participants' applications, and also sends appropriate notifications to the participants, whose second parts of the applications were submitted to the Customer for consideration.

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 taken, 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). In practice, however, 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. If, 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 of 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. If the second participant (when the EA winner avoids concluding a contract with the Customer) did not provide the Customer with the signed draft contract and the enforcement of the contract within the specified time, 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 shall place 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 remarks 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 NMCC> 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 security for the performance of the contract in the amount of 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, funds for an ambulance, including a specialized ambulance, medical care, provided in an emergency or urgent form, medicines, fuel).

Learn more about anti-dumping measures in 44-FZ you can.

At the end of the article, I suggest you watch another very useful video, which tells why you should not apply for participation in the 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!

Electronic bidding and auctions - these are events held in electronic form aimed at choosing a contractor (supplier of goods or services) in accordance with the terms of the contract concluded with the customer. In our article you will find information about the rules for conducting such trades and the procedure for securing orders submitted by their potential participants.

Auction rules

The main auction rules in electronic form are established by the provisions of Art. 68 of the Law "On the Contract System ..." dated 05.04.2013 No. 44. The list of these rules is as follows:

Don't know your rights?

1. Only those applicants who have received accreditation on an electronic platform serving as a venue for the event can become participants in the event.
2. In the course of the auction, the cost of fulfilling the terms of the contract is gradually reduced.
3. The “auction step” (the maximum value by which the original contract price can be reduced at one time) ranges from 0.5 to 5 percent of the originally declared value.
4. The event is considered to be completed if no new, more advantageous, offers have been received within 10 minutes from the moment of the last proposal.
5. The winner of the auction is the participant who has agreed to execute the contract on the most favorable terms for the customer (i.e., who has established minimum cost their services).
6. Based on the results of the electronic auction, a protocol is formed, which must be posted on the electronic platform serving as the venue for the auction, within 30 minutes from the moment of its completion.

Securing applications for tenders and auctions

According to the provisions of Art. 44 ФЗ № 44, important point In the organisation electronic trading is the establishment by the customer of requirements for the amount of cash security for applications for participation in the event. Security during the electronic auction is made by depositing funds to the account trading platform serving as a venue for bidding. If a potential contractor forms an application for participation in the competition, its security can be carried out both by transferring money and by issuing a bank guarantee, which must be valid for at least 2 months from the date of the end of accepting applications for participation in the event.

The amount of collateral is determined by the organizer of the auction, while, in accordance with Part 14 Thu. 44 ФЗ № 44, it should be directly dependent on the initial (maximum) contract price (NMCK):

• if the NMCC does not exceed 3 million rubles, - 1 percent of its value;
• with the NMCK, the amount of which exceeds 3 million rubles, - from 0.5 to 5 percent.

So, the provisions of Federal Law No. 44 establish clear rules for conducting electronic auctions, which must be adhered to when organizing and implementing these activities. In addition, the same law establishes the obligation of potential participants to provide security for their applications for participation in the auction, and also defines the exact procedure for calculating its size.

The timing of the auction under 44-FZ in 2018 has changed. In particular, the period of consideration of the first parts of bids for purchases with an initial contract price of up to 3 million rubles became different. We will tell you more about the timing of the 44-FZ auction and their changes below.

Deadline for filing applications under 44-FZ for an electronic auction

Time table for all competitive procedures

☆ What is dangerous about the timing of competitive procedures;
☆ What are the 4 most common timing errors;
☆ Why is a timeline card useful and why is it better than a calendar:

A timeline map helps you avoid mistakes because it calculates deadlines automatically, taking into account holidays and weekends. She will insure when working in the EIS and will leave time - one day - to go through treasury control.

The participant submits both parts of the application simultaneously through Personal Area on the ETP. It is important to have time to do this before the end of the deadline set by the customer. The documentation indicates not only the date, but also the time. This means that formally, participants have the opportunity to send an application a few hours before the end of the deadline for submitting proposals. But it is not recommended to do so, since the customer may have complaints, and the participant simply will not have time to make the necessary edits.

After submitting the application, the ETP operator assigns it a number and sends a notification to the participant. This can take up to an hour. The application can be rejected already at the stage of verification by the operator of the ETP. This will happen if:

• the participant violated the deadlines for filing applications for the electronic auction under 44-FZ;
• (applications cannot be submitted if there are less than 3 months left until the end);
• money has not been deposited to secure the application;
• documents are not signed with an enhanced electronic signature;
• the participant sent several applications.

Who sets the start time for the electronic auction

According to the amendments that came into force in 2018, only participants accredited on the ETP and registered in the EIS can participate in the auction.

The day of the electronic auction is the first working day after two days from the date of consideration of the first parts of the applications. The start time of the electronic auction is set by the operator of the trading platform. It is guided by the time zone in which the customer is located.

The procedure itself goes like this: the participants reduce the declared starting price one step. The winner is the one who offers the lowest contract execution cost last.

Could the last day for submitting applications be a weekend? Or is it better to move the deadline to a working day?

Electronic auction under 44-FZ: timing, procurement algorithm

If the deadlines for filing applications for the electronic auction under 44-FZ in 2018 remained the same, then the time period allotted for the consideration of their first parts was tied to the NMCC and reduced for small purchases. If the contract price is up to 3 million rubles, the commission has only one day to evaluate them. For the rest of the purchases, the period remained the same - 7 days.

During the consideration of the first parts of the applications, the commission determines how the product, work or service meets the stated requirements. Some participants are not admitted to the main procedure. The auction itself is conducted as follows: participants reduce the initial contract price by a step. The last one to offer the lowest price is the winner of the procedure.

The next stage is the evaluation of the second parts of the applications. The term for their consideration is still a maximum of three days. It is counted from the moment. The ETP operator selects 10 bids, whose authors offered the lowest price during the auction. Further, the commission, in the order of ranking, checks the applications for compliance with the requirements. The winner is the participant who offered the best price, and his application, its first and second parts, are recognized as meeting all the requirements.

Electronic auction: timing

Consider other terms of the 44-FZ auction. The law establishes the period for giving clarifications to the auction documentation. Participants can apply for the provision of additional information at least three days before the end of the deadline for submission of proposals. Then the customer has two days to answer the questions. The answer is posted in the EIS. Each participant has the right to send no more than 3 requests.

Speaking about the timing of the auction in electronic form in accordance with 44-FZ, one cannot but touch upon the procedure for signing a contract based on the results of the purchase. The law establishes the following algorithm:

1. within five days after the publication of the protocol in the EIS, the customer places in the EIS and on the ETP website a draft contract without his signature;
2. the winner has 5 days to send the signed document together with the confirmation of contract performance;
3. within three days thereafter, the customer must sign.

Attached files

• Terms of electronic auction for 44-FZ in the table.xlsx