Electronic auction: issues of drawing up protocols (Pratura O.S.). How can you declare within the framework of the auction that the FAS recognized the protocols as invalid during the auction? Samples of minutes following the results of the auction

varia variant.doc nt.doc

elect p elect plosch.doc losch.doc

16 January 2018, 23:39, question No. 1874375 Anna, Upper Landekh

Collapse

Lawyers Answers (4)

Lawyer, Moscow

Chat

Hello.

I do not quite understand, the same auction will be resumed again (but how and when)

According to Art. 99 Federal law dated 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs":

upon detection as a result of scheduled and unscheduled inspections by the control body in the field of procurement, as well as as a result of considering a complaint about the actions (inaction) of the customer, authorized body, authorized institution, specialized organization, operator electronic platform or the commission for the implementation of procurement violations of the law Russian Federation and other regulatory legal acts on the contractual system in the field of procurement, the control body in the field of procurement has the right to:

issue binding orders to eliminate such violations in accordance with the legislation of the Russian Federation, including the cancellation of the definition of suppliers (contractors, performers).
The order to eliminate the violation of the legislation of the Russian Federation or other regulatory legal acts on the contractual system in the field of procurement must contain an indication of the specific actions that must be taken by the person who received such an order in order to eliminate the specified violation. The contract cannot be concluded before the date of execution of such an order.

Thus, based on the order you provided, the OFAS did not cancel the definition of suppliers (contractors, performers), but only ordered that the corresponding violations be eliminated by 25.01.2018, where it also added:

to carry out further actions to conduct procurement in accordance with the requirements of the Law on the Contract System.

Since the prescription does not specify the deadline for extending the deadline for filing bids for participation in an open auction, such an extension is carried out within the timeframe established by Federal Law No. 44-FZ dated 05.04.2013 and municipal needs ".

How the extension of such a period is carried out is written at the following link:

Was the lawyer's answer helpful? + 0 - 0

Collapse

Clarification of the client

I still did not understand what would happen next. The official website says that the purchase is complete. Does it mean that the contract will still be signed with the supplier that was determined by the results of the auction? but our bids were returned to us, and in the notice from the site it is written that all the auction protocols were canceled. Tell me what will happen next specifically? Will there be an auction again within the same purchase? or will a new one be announced? And in general, such a decision of the FAS is legitimate, because if there were no violations in the document, would another supplier most likely win? maybe we can appeal to a higher FAS?

• Lawyer, Moscow

  Chat
  • expert

  Anna, hello!

  It follows from the text of the order that the results of the auction were canceled (OFAS ordered to annul all protocols); the auction documentation must be amended.

  Amendments to the auction documentation entails the establishment of new deadlines for filing applications (part 6 of article 63 of Law 44-FZ):

  6. The customer has the right to make a decision to amend the notice of an electronic auction no later than two days before the deadline for filing applications for participation in such an auction. Changes to the procurement object during such an auction are not allowed. Within one day from the date of this decision, the customer places the specified changes in the unified information system. In this case, the deadline for submitting applications for participation in such an auction must be extended in such a way that from the date of posting changes made to the notice of holding such an auction until the deadline for submitting applications for participation in such an auction, this period is not less than fifteen days, or if the initial (maximum) contract price (lot price) does not exceed three million rubles, not less than seven days.

  That is, the purchase, in fact, will start anew. And you can re-apply to participate in it.

  At the site, the information will be updated when the customer sends there information that he has canceled all the protocols (the site itself cannot cancel the protocols, the OFAS also does not cancel, but instructs the customer to do this).
  

  Was the lawyer's answer helpful? + 1 - 0

  Collapse

  Clarification of the client

  Now everything is more or less clear, but since changes are made to the procurement by order of the Federal Antimonopoly Service, a new procurement will be announced, and through the schedules already in January? but if there is not enough time (the deadline for the execution of the contract is February 12, 2018), then the purchase can become a request for proposals or a quotation, right?

  Lawyer, Moscow

  Chat
  • expert

  once a change in the procurement is made by order of the Federal Antimonopoly Service, a new procurement will be announced

  Some strange conclusion. FAS ordered to amend the auction documentation, and not to conduct a new purchase.

  In principle, the customer, of course, can own initiative cancel the purchase and create a new one. According to the same rules by which he formed the initial one, i.e. most likely in the form of an auction.
  

  Was the lawyer's answer helpful? + 0 - 0

  Collapse

  Clarification of the client

  Those. (sorry for the lack of understanding, we filed a complaint for the first time), the customer will redo the documents within the same auction and ... how we or someone else (who did not apply for the last auction due to incorrect documents) will find out what is needed submit new applications for the same site? Will the site tell us? or will it be published on the official website? But if there is essentially no time left for the auction (the service must be performed on February 12), what should the customer do then? and, if a similar auction is announced, will it not be a violation again, since will the terms of conclusion of the contract by the results of the auction be violated? or in this case they will not be violated? And why then did the customer shout at the commission that he would not have time to complete the purchase?

Each stage of the procurement - from the moment the notice is posted to the completion of the execution of the contract - must be properly documented. The procedure for conducting an electronic auction is reflected in the minutes drawn up by the auction commission of the customer. The customer is obliged to place these protocols in a unified information system (hereinafter - the EIS), while the information posted must be complete and reliable (part 3 of article 7 of Law N 44-FZ).

Let's try to figure out what types of protocols are drawn up at certain stages life cycle purchases. At the same time, we will discuss some of the related difficulties faced by employees. contract services, contract managers and members of procurement commissions.

Protocols drawn up during an electronic auction

The procedure for conducting an electronic auction is divided into three main stages, and a protocol is formed at each of them.

1. Minutes of consideration of the first parts of applications is formed by the auction commission (hereinafter, the auction commission means not only the auction commission in the proper sense of the word, but also a single procurement commission). Not later date the end of the period for consideration of applications, the customer sends such a protocol to the operator of the electronic site and places it in the EIS. The content of this protocol and the procedure for its placement in the EIS are established in parts 6 and 7 of Art. 67 of Law N 44-FZ.

2. Electronic auction protocol placed on an electronic site by its operator within 30 minutes after the end of the electronic auction (part 18 of article 68 of Law N 44-FZ).

3. Auction results summing up protocol formed by the auction commission. Not later than the next business day after the date of its signing, such a protocol must be posted on the electronic platform and in the EIS. The content of the protocol and the procedure for its placement in the EIS are determined in part 8 of Art. 69 of Law N 44-FZ.

Members of procurement commissions should carefully consider the formation of protocols for summing up the results of an electronic auction. First of all, it is necessary to ensure the accuracy of the information reflected in the protocols. In particular, special care is required to indicate:

The provisions auction documentation that the application does not match procurement participant;

The provisions of the application for participation in the electronic auction that do not meet the requirements of the auction documentation.

Thus, by the decision of the Khanty-Mansiysk OFAS Russia dated 09.09.2015 N 03 / PA, the auction commission was found to have violated clause 2 of part 4 of Art. 67 of Law No. 44-FZ, since the protocol for considering the first parts of applications for participation in the electronic auction indicated the wrong reason for refusing admission.

The subject of the electronic auction was the delivery of a set of products for umbilical vein catheterization. The bid of the procurement participant was found not to meet the requirements of the terms of reference due to changes in characteristics that should not have changed. The Procurement Member added the name of the manufacturer and country of origin of each item in the catheterization kit to the column "Metric Names (Unchangeable)", although in accordance with the E-Auction Bid Instructions, the Metric Name was one of the characteristics that the Procurement Participant had no right to change.

After examining the case materials, the commission of the Khanty-Mansiysk OFAS Russia considered that adding the name of the manufacturer and country of origin of the goods to the column "name of the indicator (unchangeable)" did not change the characteristics of the products necessary for the customer and did not distort the information on the unchanged indicators established by the technical specifications. In the opinion of the antimonopoly body, it was impossible to recognize the bid of the procurement participant as not complying with the established requirements only for the specified reason. In fact, the auction commission of the customer rejected the application of the procurement participant on grounds not provided for by the legislation on the contract system, thereby violating Part 5 of Art. 67 of Law N 44-FZ.

At the same time, the commission of the Khanty-Mansiysk OFAS Russia established that the applicant indicated the name of the country of origin for each of the items included in the catheterization kit, but did not indicate the name of the country of origin of the kit as a whole, as a single procurement item. Since this is a violation of paragraph 1 of part 3 of Art. 66 of Law No. 44-FZ, the auction commission of the customer should have rejected the controversial application of the procurement participant precisely on this basis.

Also, customers should be attentive to the so-called. "technical errors" in the preparation of protocols. For example, the auction commission made a decision on recognizing the bid of the procurement participant as complying with the requirements of the auction documentation, and the protocol of consideration of the second parts of bids for participation in the electronic auction indicates the exact opposite decision - on recognizing the bid as inappropriate.

Sometimes there are "technical mistakes" of a different kind. So, in the decision of the Novgorod OFAS Russia dated July 27, 2015 N 08-01-273, the appeal of SpetsProekt LLC was considered, which reported that its application was recognized as not meeting the requirements of the auction documentation, however, in the minutes of summing up the results of the electronic auction in justification of the decision of the auction commission, not OOO SpetsProekt, but OOO Akkord. After making sure that the arguments of the complaint were consistent with reality, the commission of the Novosibirsk OFAS Russia recognized the actions of the auction commission as violating the requirements of Part 3 of Art. 7 of Law N 44-FZ, according to which only reliable information should be placed in the EIS.

With regard to our topic, acts of planned inspections of compliance with certain norms of Law N 44-FZ, drawn up by the authorities, are also of interest executive power of the constituent entity of the Russian Federation, authorized to exercise control in the field of procurement. So the Ministry social relations The Chelyabinsk Region, in the inspection report dated December 21, 2015 N 10, during an inspection of one of its subordinate institutions, established the following violations.

1. In violation of Part 6 of Art. 67 of Federal Law No. 44-FZ, the protocol of consideration of the first parts of applications for participation in an electronic procurement auction was incorrectly drawn up. The minutes read: "The minutes of consideration of applications for participation in the auction was signed by all members of the auction commission present at the meeting, by the customer and the authorized body and sent to the operator of the electronic platform ", although the columns" on behalf of the customer "and" on behalf of the authorized body "are not completed (standard protocol generated by the electronic platform). subscribes to participate in the electronic auction all members of the auction commission present at its meeting.

2. In violation of Part 8 of Art. 69 of Law No. 44-FZ, the protocol for summing up the results of the electronic procurement auction was incorrectly drawn up, namely, information is indicated that is not provided for by the provisions of Law No. 44-FZ:

Location / postal address of the procurement participant;

Contact tel. (fax) / address Email procurement participant;

Purchase participant's offer price (rubles);

Date and time of receipt of the proposal of the procurement participant.

The commission of the supervisory body indicated that the protocol for summing up the results of the electronic auction in accordance with the requirements of Art. 69 of Law N 44-FZ should contain:

1) information on the order numbers of applications;

2) a decision on the compliance or non-compliance of applications with the requirements of the auction documentation, justifying this decision and indicating:

Provisions of Law N 44-FZ, which the participant of the electronic auction does not comply with;

Provisions of the auction documentation, which does not correspond to the bid of the procurement participant;

Provisions of the application for participation in an electronic auction that do not meet the requirements of the auction documentation;

3) information on the decision of each member of the auction commission in relation to each application for participation in such an auction.

As you can see, the commission of the Ministry of Social Relations of the Chelyabinsk Region considers it unacceptable to indicate in the protocol information that is not provided for by Law No. 44-FZ. Such a position is not uncommon, but one should not forget that Law No. 44-FZ does not contain a direct prohibition on the inclusion of other information in the protocols.

Protocol on the failed procedure

Depending on the grounds for declaring the electronic auction invalid, the customer must draw up his own protocol.

1. If only one application is submitted, drawn up review protocol single application to participate in an electronic auction, the requirements for the content of which are defined in clause 3 of part 1 of Art. 71 of Law N 44-FZ. Such a protocol shall be sent to the operator of the electronic site no later than three working days from the date of receipt of the only application for participation in the electronic auction.

2. If the application of only one procurement participant meets the requirements of the legislation and the customer's documentation, a application review protocol sole participant electronic auction(Clause 3, Part 2, Article 71 of Law No. 44-FZ). This protocol is sent to the operator of the electronic site no later than three working days from the date of receipt of the second part of the application for participation in the electronic auction.

3. If within 10 minutes after the start of the auction no contract price bids have been made, in accordance with clause 3 of part 2 of Art. 71 of Law N 44-FZ is drawn up minutes of summing up the results of the auction... The deadline for sending this protocol to the operator of the electronic site is exactly the same - no later than three working days from the date the customer receives the second parts of the applications for participation in the electronic auction. In addition, in this case, there is one more protocol that is formed by the operator of the electronic site - the protocol on declaring the auction invalid (part 20 of article 68 of Law N 44-FZ). The minutes indicate the address of the electronic platform, the date of the electronic auction, the time of its start and end, as well as the initial (maximum) price of the contract.

Protocol of the customer's refusal to conclude a contract

If the contract has not yet been concluded, and the customer has discovered that the procurement participant does not meet the requirements for him or has provided false information regarding his compliance with the specified requirements, the customer must refuse to conclude a contract with such a winner in the procedure for determining the supplier (contractor, performer). The corresponding requirement is established in Part 9 of Art. 31 of Law N 44-FZ.

In addition, in part 10 of Art. 31 of Law N 44-FZ established additional grounds for refusing to conclude a contract when purchasing medicines from the list of vital and essential medicines (VED):

1) the maximum selling price of medicinal products offered by the procurement participant is not registered;

2) the price of the purchased medicinal products proposed by the procurement participant exceeds their maximum selling price specified in state register maximum manufacturer's selling prices for medicines included in the VED list. This rule applies only if the procurement participant is the manufacturer of such medicinal products or if the initial (maximum) contract price exceeds 10 million rubles. in case of procurement for federal needs.

The customer's refusal to conclude a contract on the grounds provided for in parts 9 and 10 of Art. 31 of Law N 44-FZ, is drawn up as waiver protocol(part 11 of article 31 of Law No. 44-FZ). The specified protocol is drawn up and posted in the UIS no later than one business day following the day when the fact of the participant's non-compliance with the requirements for him was established. In addition to this, such a protocol must be sent to the procurement participant within two working days from the date of its signing.

Recognition of the winner as having evaded the conclusion of the contract

1. If during the auction the initial (maximum) price of the contract is less than 15 million rubles, and the winner of the electronic auction has reduced the price by 25 percent or more, the contract is concluded with him only if he performs one of the following actions:

Provide security for the execution of the contract in an amount that is one and a half times the size established by the auction documentation;

Together with the standard security for the execution of the contract, it will provide reliable information confirming its good faith as of the date of filing the application (registry numbers of contracts previously executed by such a procurement participant; detailed requirements for the content of information confirming the good faith of a procurement participant are defined in part 3 of article 37 of Law No. 44 -FZ).

If the procurement participant did not perform any of the specified actions, a the protocol of recognizing the winner of the electronic auction as having evaded the conclusion of the contract, which is placed in the EIS and communicated to all participants in the procurement no later than the working day following the day of its signing. The composition and content of the information reflected in such a protocol is not regulated by Law No. 44-FZ (a similar opinion was expressed in the decision of the commission of the Vladimir OFAS Russia dated 20.05.2014 No. G-288-04 / 2014).

2. If the participant is recognized as evading the signing of the contract on other grounds (for example, if the winner of the electronic auction signed the contract within the prescribed period), Law No. 44-FZ does not determine the specific ways of formalizing such a decision of the customer. Despite this, we recommend that customers adhere to the practice of recording each decision of the auction commission throughout the entire procurement procedure. In such a protocol, the following can be specified:

The date when the winner of the electronic auction was declared to have evaded the conclusion of the contract;

Customer information;

Purchase information;

Information about the procurement participant who was recognized as evading the contract;

Grounds for recognizing the winner of the electronic auction as having evaded the conclusion of the contract.

Protocol of suspension of the procurement participant in connection with the submission of inaccurate information by him

If it is established that the procurement participant has submitted documents containing false information as part of his application for participation in the electronic auction, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its holding (part 6.1 of article 66 of Law No. 44- FZ). A similar norm is contained in Part 9 of Art. 31 of Law N 44-FZ, according to which the customer is obliged to refuse to conclude a contract with such a winner of the procedure for determining a supplier (contractor, performer) if at any time before the conclusion of the contract it discovers that the procurement participant does not meet the requirements for him or has submitted an unreliable information on their compliance with such requirements.

Law N 44-FZ does not determine the procedure for issuing a decision to remove a procurement participant from participation in determining a supplier (contractor, executor). In particular, there is not even an obligation to send such a decision to the procurement participant and place it in the EIS. We believe that when forming this decision, one should proceed from the analogy with the norms of Law No. 44-FZ, which regulate the procedure for registering the results of considering applications during an electronic auction and summarizing its results.

The wording "to remove such a participant from participation in the electronic auction at any stage of its holding" (part 6.1 of article 66 of Law No. 44-FZ) and "the removal of a procurement participant is carried out at any time before the conclusion of the contract" (part 9 of article 31 of the Law 44-ФЗ) indicate that the removal of the auction participant is possible not only during the consideration of applications submitted by the participants, but also up to the conclusion of the contract. In this regard, it is logical to form on the basis of Part 6.1 of Art. 66 of Law No. 44-FZ, a separate decision (protocol) on the removal of a procurement participant from participation in an electronic auction in connection with the establishment of the unreliability of the information contained in the documents submitted by such a participant.

In such a situation, the customer can draw an analogy with Part 11 of Art. 31 of Law No.44-FZ, which regulates the procedure for registration of refusal to conclude a contract on the grounds provided for in parts 9 and 10 of this article, and send such a protocol to the procurement participant no later than one business day following the day the fact that served as the basis for the decision on suspension participant from participation in the electronic auction. We recommend that customers include the following information in this protocol:

An indication of the place and time of its preparation;

Information about the person in respect of whom this decision was made;

A statement of the facts that served as the basis for the decision, and the details of the documents confirming this fact.

Protocol on the removal of a participant from participation in an electronic auction on the basis of Part 6.1 of Art. 66 of Law N 44-FZ can be placed in the EIS in a manner similar to that established by Part 11 of Art. 31 of Law N 44-FZ.

Dispute minutes when signing a contract

The contract based on the results of the electronic auction must be concluded on the terms established by the customer in the notice of the electronic auction and in the auction documentation (including in the draft contract): the corresponding requirement is established in Part 10 of Art. 70 of Law N 44-FZ. However, in practice, contradictions often arise between the customer and the procurement participant when signing the contract.

If there are disagreements on the draft contract, the winner of the electronic auction sends to the customer disagreement protocol... Such a protocol can be sent by the winner of the electronic auction no later than thirteen days from the date of placement in the EIS of the protocol for summing up the results of the auction (part 5 of article 70 of Law N 44-FZ).

The protocol of disagreements is drawn up in any form and may only contain an indication of discrepancies between the terms of the draft contract and the provisions of the documentation. Such a protocol is signed electronic signature a person authorized to conclude a contract on behalf of a procurement participant. The limiting number of protocols of disagreements that can be sent by the winner of an electronic auction when signing a contract is not limited by law. The only "limit" is the time frame defined by the above-mentioned thirteen days.

The problems of calculating this period were investigated in the decision of the Arbitration Court of the Krasnoyarsk Territory dated 07.07.2014 in case N A33-7712 / 2014, which has the following storyline.

The customer refused to conclude a contract with the winner of the auction due to the fact that the winner of the electronic auction sent the protocol of disagreements after 13 days from the date of posting the protocol of summing up the results of the auction. The procurement participant appealed against the actions of the customer to the Krasnoyarsk OFAS Russia, however, the antimonopoly body, by its decision of March 31, 2014 N 193, recognized his complaint as unfounded. In this regard, the procurement participant applied to the Arbitration Court of the Krasnoyarsk Territory.

The court cited in its decision Part 8 of Art. 69 of Law No. 44-FZ, according to which the results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, and no later than the working day following the date of signing the specified protocol, are posted by the customer on the electronic platform and in the EIS. In the case under consideration, the protocol for summing up the results of the electronic auction was signed by all members of the auction commission on 03/05/2014, and posted on 03/06/2014 in the EIS.

As follows from Art. 190 of the Civil Code of the Russian Federation, the period established by law is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. In this case, the course of a period determined by a period of time begins on the next day after the calendar date or the occurrence of an event that determines its beginning (Article 191 of the Civil Code of the Russian Federation).

Since Law No. 44-FZ does not establish otherwise, the thirteen-day period under consideration is to be calculated starting from the day following the posting of the protocol for summing up the auction results in the EIS (i.e. from 03/07/2014). Consequently, the winner of the electronic auction had the right to send the protocol of disagreements on the draft contract by 19.03.2014 inclusive. And from the materials of the case it just follows that the first protocol of disagreements on the draft contract was posted in the EIS on 03/14/2014; the second protocol of disagreements - 03/19/2014. Thus, the winner of the electronic auction duly complied with the requirements of Art. 70 of Law No. 44-FZ: the protocol of disagreements on the draft contract was sent within the statutory deadline.

Also, customers should not lose sight of the fact that the thirteen-day period in accordance with Art. 70 of Law No. 44-FZ must be calculated from the day following the posting of the summarizing protocol in the EIS, and not from the date of signing such a protocol by the members of the auction commission. As we remember specified dates may be different.

Let us recall what can be changed in the text of the contract:

Provisions of the draft contract that do not correspond to the notice of the auction, documentation about it and the bid of the procurement participant;

Supplier details, if they have changed since the end of the application submission;

Typos, grammatical and punctuation errors, technical errors and inaccuracies.

In the decision of the Arbitration Court of the Novosibirsk Region dated December 10, 2014 in case No. A45-17177 / 2014, another interesting moment related to the direction of the protocols of disagreements.

From the totality of h. H. 5 and 6 of Art. 70 of Law No. 44-FZ, the court concluded that the thirteenth day is the last day of sending the protocol of disagreements in the presence of objections to the draft contract posted by the customer in the EIS.

The right of the winner of the electronic auction to place a protocol of disagreements on the draft contract in the EIS is enshrined in Part 4 of Art. 70 of Law N 44-FZ. At the same time, this provision does not set a deadline for posting a protocol of disagreements for the first time. Consequently, part 4 of Art. 70 of Law 44-FZ must be considered in conjunction with Part 13 of Art. 70 of Law No. 44-FZ in regard to the failure to send a signed draft contract to the customer within five days from the date of its placement in the EIS.

If the participant does not agree with the draft contract sent to him, he must post in the EIS for the first time a protocol of disagreements before the expiration of the period established for signing the contract, namely, within five days from the date of placing the draft contract. Without completing these actions within five days, the winner of the electronic auction by virtue of Part 13 of Art. 70 of Law No. 44-FZ is recognized as having evaded the conclusion of a contract.

Already after placing the protocol of disagreements in the EIS for the first time, both the customer and the winner can perform the actions enshrined in parts 5 and 6 of Art. 70 of Law 44-FZ, before the expiration of the thirteen-day period. As soon as the specified period has expired, the winner should not post in the EIS the subsequent protocols of disagreements to the draft contract, and the customer should place the draft contract in the EIS, indicating in a separate document the reasons why he fully or partially refuses to take into account the comments of the winner of the electronic auction contained in the protocol of disagreements ...

In addition, the court noted the fact that Art. 70 of Law No. 44-FZ does not regulate by whom the decision is made to recognize the procurement participant as evading the conclusion of the contract (the auction commission or the customer) and in what form such a decision is drawn up. Consequently, the decision to recognize the procurement participant as having evaded the conclusion of the contract on the basis of Part 13 of Art. 70 of Law N 44-FZ is accepted by the customer and is drawn up in any form.

Supplier (contractor, performer) cancellation protocol

The customer has the right to cancel the electronic auction no later than five days before the deadline for filing applications for participation in the auction (part 1 of article 36 of Law N 44-FZ). The decision to cancel the determination of the supplier (contractor, executor) can be drawn up as a protocol for canceling the determination of the supplier (contractor, executor), which is drawn up by the customer and posted in the EIS on the day this decision is made and immediately communicated to all procurement participants who submitted applications.

If the deadline for canceling the determination of the supplier (contractor, performer) has expired, the customer has the right to cancel the purchase until the conclusion of the contract only in the event of force majeure circumstances in accordance with civil law (part 2 of article 36 of Law N 44-FZ).

Protocol of changes to the documentation

The customer, on his own initiative or in accordance with the received request for clarification of the provisions of the documentation on the electronic auction, has the right to make a decision to amend the documentation on such an auction no later than two days before the deadline for submitting applications for participation in such an auction. Within one day from the date of the said decision, the changes made to the documentation for such an auction are posted by the customer in the EIS (part 6 of article 65 of Law N 44-FZ).

Law N 44-FZ does not determine how the specified decision of the customer should be formalized. Nevertheless, we recommend that the customer adhere to the practice of recording each decision taken during the entire procurement procedure. In this regard, the customer's decision under consideration can be formalized as a protocol for making changes to the documentation.

I would like to remind you of the responsibility of the customers' officials for their violations of the procedure for drawing up and posting protocols during electronic auctions. Possible violations by customers and administrative responsibility for their commission, established by the Code of Administrative Offenses of the Russian Federation, are systematized in the following table:

The problem of routine maintenance on electronic platforms looks ambiguous in connection with the penalties established for customers for violating the terms of publication of protocols during electronic auctions. Specified problem was considered in the decision of the Nenets OFAS Russia dated 13.10.2014 N 01-48 / 13-2014. In this case, the expiration date for the consideration of the first parts of applications was 06/13/2014, and the corresponding protocol was dated exactly 06/13/2014, however, it was sent to the operator of the electronic platform only on 06/15/2014.

The customer submitted to the case materials a screenshot from the official website of the electronic platform of OJSC "United Electronic Trading Platform", from which it follows that in the period from 06/12/2014 to 06/15/2014, due to routine maintenance, the closed part of the electronic platform will be unavailable. In addition, on June 15, 2014, the customer turned to the operator of the electronic platform with a request to provide a technical opportunity to consider the first parts of the applications and publish the corresponding protocol. Ultimately, on the same day, such an opportunity was provided.

The Commission of the Nenets OFAS Russia certified the fact that the protocol of consideration of the first parts of the applications was published on the electronic site in violation of the time limit established by Part 7 of Art. 67 of Law N 44-FZ. At the same time, the antimonopoly authority noted that this violation was committed for reasons beyond the control of the customer, but in connection with the maintenance of the electronic site. Based on the totality of the evidence presented, it was concluded that there was no fault of the customer for violating the deadline for publishing on the electronic platform the protocol for considering the first parts of the applications dated 06/13/2014.

V this article we have tried to acquaint you with the practice of considering the problems associated with the preparation of protocols when conducting electronic auctions. We hope this will help you avoid mistakes when working on the procurement commission.

Protocols in an electronic auction are documents in which first the applications that have passed to the bidding stage are fixed, and then the winner of the electronic auction is the participant with whom the state contract will be signed. Thus, the Law on the Contract System provides for three main protocols, which are drawn up not only by the customer, but also by the operator. trading platform... Let's consider the order of their publication and content.

How to make a protocol of consideration of applications for participation in the auction

Since the information about the contact details of the participants is confidential, the auction commission considers only the first part of the participant's proposal, which contains the supply or performance of works, services, as well as specific information about the procurement object. That is, the customer, not having data on the names of the participants, determines whether their proposals meet the requirements established by the terms of reference and Part 3 of Art. 66 44-FZ.

The document determines the admission of participants and, in accordance with Part 6 of Art. 67, should contain:

• serial numbers of applications;
• decision on admission or refusal of admission to participation with justification and indication of the decision of each member.

It is compiled on the trading floor by filling in the appropriate fields with information. The functionality of the sites allows you to use templates and save the data to a text document. The paper version is signed by all members of the commission who are present at the meeting, no later than the end date for the consideration of the first parts. It is recommended to attach a scanned copy of the document to the electronic form at the site, and then send it to the operator, who will publish it in the Unified Information System (EIS).

The term for consideration of the first parts is no more than seven days from the deadline for filing applications and is determined in the auction documentation and notification even when published in the EIS.

From 01.07.2018 the term for consideration of the first parts in purchases with an initial (maximum) contract price of up to 3 million rubles. will be 1 business day.

If there are no bids, or all are rejected, a protocol on declaring the auction void is published. In this case, when only one application is submitted, the operator sends two parts to the customer at once, which the auction commission must consider within three working days. In the document for considering a single proposal, it is necessary to reflect information on its compliance or non-compliance with the requirements of documentation and the law, indicating the decision of each member of the commission ().

How the protocol of the electronic auction is formed

Suppliers who are admitted to the tender can take part in the tender. The procedure is also carried out in compliance with the confidentiality of information about its participants. Within thirty minutes after the end of the auction, the operator places on the site a document that contains the following information (Article 68):

• trading platform address;
• date, time of the beginning and end of trading;
• the initial (maximum) contract price;
• all minimum proposals for the price of the contract, indicating the serial numbers of the participants.

If, within ten minutes after the start of the procedure, no one has submitted price offer, the auction is declared invalid. This information is required to be specified in the bidding document. At the same time, one should not confuse the timing of the publication of the minutes of the auction in electronic form and the timing of the minutes of summing up the results of the electronic auction 44-ФЗ. We will talk about them further.

How to draw up a protocol of summing up the results of an electronic auction

After the auction, the operator sends the customer the second parts of the proposals and the accreditation data of the participants. Registration of the document takes 3 working days (part 5 of article 69, part 2, 3 of article 71).

The minutes of summing up the results of the auction 44-FZ must contain the following information (part 8 of article 69):

• serial numbers of five suppliers that comply with the requirements of the documentation and the law;
• decision on the conformity or non-conformity of applications with justification and indication of the decision of each member of the commission.

Summing up the results of the electronic auction under 44-FZ is carried out on the day the minutes are posted. It is published in a manner similar to the procedure for reviewing the first parts. Thus, the term for publishing the minutes of summing up the results of the electronic auction is the next working day after signing by the members of the commission.

If none of the applications meets the requirements or only one is found to be compliant, the electronic procedure is declared invalid.

Procurement protocols are a mandatory document for all types of tenders. A separate protocol is drawn up for each stage of the electronic auction. You will find more details about the types of protocols, as well as samples of protocols according to 44-FZ in the article.

Procurement Protocols

To ensure maximum transparency of all tender procedures conducted under 44-FZ, the law undertakes to carefully document all actions taken by the parties. For these purposes, detailed protocols are drawn up. This rule also applies to such a method of selecting a supplier as an electronic auction.

The minutes of the 44-FZ auction are drawn up by the customer and placed in the public domain in the Unified Information System (EIS). Let's consider all types.

To get full access to the PRO-GOSZAKAZ.RU portal, please, sign up... It won't take more than a minute. Please select social network for quick authorization on the portal:

Electronic auction protocols

Electronic auction refers to procedures that take place in several stages. Therefore, each stage must be confirmed with the appropriate paper. There are several types.

Auction minutes under 44-FZ:

• ✔ Protocol of consideration of applications;
• ✔ Auction protocol;
• ✔ Minutes of the results of the auction.

In the protocol of consideration of applications the procedure for reviewing the first parts should be reflected. Contact information is hidden to maintain confidentiality. the serial numbers of the participants and information on admission or non-admission to the next stage are indicated.

Auction protocol compiled and published within half an hour after the end of the auction. The document is formed by the forces of the electronic platform (more often automatically). It contains the address of the trading platform, the start and end date of trading, the NMCK, as well as information about the bids (auction steps).

Protocols of failed auctions

Electronic auction does not always follow a scenario. In those cases when the auction is declared invalid for different reasons, the customer is obliged to draw up special types protocols. The same applies when disagreements arise.

Protocols of auction 44-FZ, if the auction did not take place or was held with violations:

• ✔ Protocol of consideration of a single application... To be completed if only 1 application has been submitted.
• ✔ Protocol of consideration of the application of the sole participant... In this case, several applications can be submitted, but only one of them is recognized as meeting the requirements.
• ✔ Protocol on declaring the auction void... This protocol is drawn up automatically by the operator of the electronic platform in cases when, after the start of trading, not a single application was submitted within 10 minutes (time for one auction step). Download template or sample "

In case of disagreement between the customer and the supplier, it is necessary to draw up other types of documents. This includes waiver protocol... The customer, according to 44-FZ, has the right to refuse the winner in special cases. Such a refusal is drawn up in the form of a protocol and must be sent to the contractor within 2 working days from the date of signing. Sample and template of the protocol on refusal to conclude a state contract

If the contractor does not want to sign the document, then his refusal must be recorded in the protocol on recognizing the participant of the electronic auction as evaded (in accordance with the requirements of Article 37 of Law 44-FZ).

Protocol of disagreements on electronic auction 44-F is drawn up in the event that, after the end of the application deadline, discrepancies were found between the terms of reference and the draft contract. It allows you to continue working with the tender without closing it and is sent from the winner of the tender to the customer. The customer can agree with the comments or reject them. Download an example of the protocol of disagreements under 44-FZ "

The document must be sent within 13 days from the date of signing the final protocol of the auction. While the dispute protocol is being considered, the contract security is not posted, so many suppliers use this procedure to add time to themselves finding funds to post the security.

Drawing up a protocol is a mandatory procedure for each stage of the auction. They are designed to reflect all actions taken by the parties and protect the principles of openness and fair competition in public procurement.

Attached files

• Protocol of consideration of applications for participation in the auction in electronic form - sample.doc
• Protocol of consideration of applications for participation in the auction in electronic form - template.doc

D. Registry number of trades No. 2

PROTOCOL

ABOUT THE RESULTS OF THE OPEN AUCTION

1. Form of bidding: auction open in terms of the composition of participants and in the form of submission of bids.

2. Name of the organizer of the auction, contact information: Organizer of the auction - the department for the management of municipal property of the administration of the Bogucharsky municipal district of the Voronezh region.

Postal address (location): Voronezh region,.

Email address: ***** @ *** ru.

Contact phone number: tel /,

Responsible person:

3. Date, time and place of the beginning of the auction: Voronezh region, Bogucharsky district, (2nd floor, meeting room of the Bogucharsky administration municipal district), October 22, 2010 at 10:00 am Moscow time.

Contact tel /,

The commission includes 6 people. The meeting is held in the presence of 6 members of the commission. There is a quorum. The commission is competent. The meeting of the commission began at 10:00 am Moscow time.

4. The subject of the auction is the sale of the right to conclude a lease agreement for non-residential premises with a total area of ​​9.1 sq. M. m. for a period of 5 years:

The decision to hold an auction for the sale of the right to lease non-residential premises was made by the resolution of the administration of the Bogucharsky municipal district Voronezh region dated 01.01.2001 No. 000 "On the lease of non-residential premises"

An informational message about an auction for the sale of the right to lease non-residential premises was posted in the newspaper "Selskaya Nov" on September 4, 2010 No. and on the official website of the administration of the Bogucharsky municipal district of the Voronezh region www. *****.

5. The total number of applications submitted for participation in the auction.

Two (2) bids were submitted to participate in the auction. No changes have been submitted to applications for participation in the auction. There are no withdrawn applications for participation in the auction.

5.1. Information about the participants for participation in the auction:

6. Results open auction for the sale of the right to lease non-residential premises.

The auction was attended by 2 auction participants who are registered in the register of representatives of the participants in the open auction.

7. Results of the open auction:

According to the results of the open auction, the winner was the participant under No. 2-, born on July 16, 1959, passport series No. issued by the department of the Federal Migration Service of Russia in the Voronezh region in the Bogucharsky district on November 21, 2009, who offered the highest price.

7.1. The protocol is drawn up in two copies, one of which is handed over to the winner, and the second remains with the organizers of the auction. The protocol on the results of the auction is the basis for concluding with the winner of the auction a purchase and sale agreement for the right to lease and a lease agreement for non-residential premises. The lease agreement must be concluded no later than 10 days from the date of signing the protocol on the results of the auction.

The meeting of the commission ended at 10 hours and 25 minutes.

8. The protocol was signed by the members of the commission present at the auction:

Chairman of the Commission

Commission member

Commission member

Commission member

Commission member

Bid winner