Changing the deadline for submission of applications on the last day. In which case, the customer needs to extend the application deadline

Changing the deadline for submission of applications on the last day. In which case, the customer needs to extend the application deadline
Changing the deadline for submission of applications on the last day. In which case, the customer needs to extend the application deadline

Hello, dear (Aya) colleague! In today's article, we will talk about participation in the most popular procurement procedure - an electronic auction within 44-FZ. At the moment, the share of electronic auctions accounts for more than 65% of all purchases conducted in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum, but in spite of the popularity of problems in the auction participants does not become less. Therefore, in my article I tried to give the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article is updated July 20, 2019).

1. The concept of an electronic auction

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

Auction in electronic form (electronic auction) - The auction, in which information about the purchase is communicated by the customer an unlimited circle of persons by placing in (EIS) notice to conduct such auction and documentation about him, uniform requirements and additional requirements are presented to the procurement participants, such an auction is provided on the electronic platform by its operator.

There is a simpler definition, which, in my opinion, is much easier for perception:

Electronic auction — Bidding carried out in electronic form on electronic sites, whose winner is recognized as a person who proposed 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. Places for electronic auctions

As mentioned above in the definition, the conduct of electronic auctions is carried out on electronic sites.

Electronic platform — This is a site on the Internet on which electronic trading is conducted.

3. In what cases is an electronic auction?

According to Part 2 of Art. 59 44-ФЗ Customer is obliged to conduct an electronic auction in case of procurement of goods, works, services included:

  • the list established by the Government of the Russian Federation (Order of the Government of the Russian Federation of 21.03.2016 No. 471-p (ed. from 03.06.2019) "On the list of goods, works, services, in the case of the purchase of which the Customer is obliged to hold an auction in electronic form (electronic auction ) ") Note: This list is a table in which codes are indicated in OKPD2 and the name of goods, works, services purchased with EA. In addition, a number of exceptions are specified from this list;
  • either in an additional list at the subject of the subject of the Russian Federation (part 2 of article 59 44-ФЗ).

The inclusion of goods, works, services in the above lists is carried out in the case of simultaneously performing the following conditions:

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

Important: The customer is entitled to carry out the electronic auction of purchases of goods, works, services not included in the above lists (part 3 of Article 59 44-FZ).

4. Accreditation of electronic auction participants

As I have already said earlier, in order to take part in EA, a participant must be a qualified electronic signature, registration in EIS and accreditation on the electronic platform. Old accreditation order on electronic platforms in accordance with Art. 61 44-FZ ceased to operate from 01/01/2019. Now new procurement participants must be registered with EIS, after which they will be automatically accredited in 8 "state" sites. It is much more convenient and faster than separate accreditation on each taking area. But accreditation on the specialized platform "AST GOZ" is carried out separately.

Participants who until 01.01.2019 were accredited at the "state" ETP, will be able to participate in procurement in electronic form without registration in EIS until December 31, 2019. Such participants may register with EIS at any time during 2019 of the year.

Operators ETP notlater working day next after the day of registration of the participant in the procurement in EIS, carry out accreditation of such a participant in the electronic platform.

This accreditation is carried out by information interaction ETP with EIS (Part 4 of Article 24.2 44-FZ).

An important addition! From July 1, 2019, the provision of the Federal Law of May 1, 2019, No. 71-FZ "On Amendments to the Federal Law" On the Contract Sector in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs "has entered into force. According to these changes, electronic platform operators must lead new registers of procurement participants accredited on the electronic platform in a new order, which has entered into force on January 1, 2019, that is, after registering a participant in the procurement in EIS. At the same time, participants should send such information to participate in procurement with additional requirements in accordance with Parts 2 and 2.1 of Article 31 of the 44-FZ to directly enter its inclusion in the registry. But to make it can only those participants who have been registered in EIS, i.e. Received accreditation on EP according to the new rules.

5. Algorithm for electronic auction for 44-ФЗ

In this part of the article, I gradually describe all the actions of the customer and the procurement participant when conducting an open auction in electronic form of 44-ФЗ. Let's first consider with you the actions of the customer.

5.1 Customer's actions when conducting an electronic auction


Step number 1 - Preparation for electronic auction

At this stage, the Customer is engaged in the organization and planning of the upcoming procurement, forms auction (unified) commission, determines its composition and procedure for functioning, develops and approves the Regulations on the Commission, attracts a specialized organization (if necessary).

Step number 2 - Preparation of documents for electronic auction

At this stage, the customer is developing and approving the electronic auction documentation (general provisions, information card, application form, instructions for filling out an application, justification of the NMSCC, technical task, draft contract, etc.).

Step number 3 - Placing information about the electronic auction

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

Step number 4 - Identification of electronic auction participants

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

Step number 5 - Definition of the winner of the electronic auction

At this stage, the Customer considers who received from the electronic platform operator, the second parts of applications for participation in EA and is preparing a protocol of summing up. During the day, more than 10,000 protocols may appear in all regions of the Russian Federation. They usually aggregate such services as CRMBG.SU.

Step number 6 - Conclusion of a contract with the winner of an electronic auction

At this stage, the Customer complements the draft contract with the terms of the execution proposed by the winner of the EA, and sends it to the winner, checks the presence of a contract or bank guarantee, signs a contract with the winner.

So, with the actions of the customer, we figured out, now let's consider the actions of the procurement participant.

5.2 Member's actions when conducting an electronic auction

Step number 1 - Getting an electronic signature

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

Step number 2 - Registration in EIS and accreditation on electronic sites

Without registering with EIS and accreditation on electronic sites, the participant will not be able to participate in EA, so it is necessarily necessary to go through this procedure. How to do it was written above.

Note: The first two stages are essentially the preparatory stages, without the passage of which it is impossible to participate in electronic auctions.

Stage №2.1 - Opening a special account for making applications

In order to apply for participation in an electronic auction, you will also need a special account to which money is credited to provide applications. Also from this account, the platform operator will be charged with funds for winning auction if you are recognized as the winner. What is special and what is needed for which it is written in detail. With the terms of opening and maintenance of special purpose can be found.

Step number 3 - Search for information about the electronic auction

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

Step number 4 - Analysis of the auction documentation

At this stage, the procurement participant studies the documentation on the EA (technical task, instruction, draft contract, etc.) and decides: to participate in auction or not. If the participant takes a positive decision, then it proceeds to the next stage.

Step number 5 - Money making on a special account in the Bank / Providing a bank guarantee

The next mandatory stage is the cash deposit on a special account in the bank, or the provision of a bank guarantee ( Important: The possibility of providing a bank guarantee as a provision appeared from the procurement participants from July 01, 2019). This is necessary in order to ensure its participation in the electronic auction.

Note:

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

Step number 6 - Preparation and sending an application

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

Within one hour, from the moment of receipt from the Bank of the Bank, the electronic platform operator sends information about the procurement participant and the amount of funds necessary to ensure the application, except in the case of the presence of bank guarantees in registers provided for by Art.45 44-FZ, banking information Guarantees issued by the procurement participant to ensure such an application.

The bank within one hour from the date of receipt of this information from the operator is obliged to block cash on the special purpose of the procurement participant in the amount of ensuring the relevant application. If the participant's account does not have a necessary amount for blocking, the application is returned by the participant.

If there are bank guarantees in registers provided for by Art. 45 44-FZ, information on a bank guarantee issued by the procurement participant to provide an application for participation in an electronic auction, blocking funds on its special account, in the amount of ensuring the relevant application not carried out .


Stage number 7 - Direct participation in the electronic auction

If, after consideration by the customer of the first parts of the applications, the participant's application is recognized as appropriate customer requirements, such a participant is allowed to participate in the electronic auction. At this stage, the participant within the prescribed day and time comes to the electronic platform and takes part in the EA procedure (submits price proposals). In more detail about how this procedure passes, we will talk below in this article.

Step number 8 - Conclusion of a contract with the customer according to the electronic auction

In the event that the EA participant is recognized as the winner, he is preparing to ensure the execution of the contract (or payment order), checks the draft contract prepared by the Customer, and sends the Customer through the electronic platform operator, signed by a qualified electronic signature contract, as well as a document confirming the provision of execution contract. In more detail, the conclusion of the contract with the customer is described.

So we looked at the algorithm for the electronic auction of 44-ФЗ. Each of the stages considered by us have strictly regulated deadlines for which we will talk below.

6. Dates of the electronic auction of 44-ФЗ

For the convenience of perception of 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 has references to specific clauses of Law No. 44-FZ, in which these deadlines are established.

7. Calculator of electronic auction for 44-ФЗ

11. Requirements for electronic auction participants

According to the requirements of paragraph 4 of Art. 34-ФЗ Participant EA can be any legal entity regardless of its organizational and legal form, form of ownership, location and places of origin of capital (with the exception of a legal entity registered in the offshore zone) or any individual, including registered as individual entrepreneur.

Requirements for the participants of the electronic auction are established in accordance with part 1, parts 1.1, 2 and 2.1 (with such requirements) of Article 31 44-FZ ( Note: These are the requirements for the presence of the necessary licenses, the admission of SRO, the requirements for the absence of information about the participant in the register of unscrupulous suppliers (RNP), as well as the 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-ФЗ Application for participation in the electronic auction consists of 2 parts: the first and second parts of the application.

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

So, according to part 3 of article 66 44-ФЗ, the first part of the application for participation in the electronic auction should contain:

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

2) when purchasing a product or purchase of work, services, to perform the provision of which the goods are used:

but) name of the country of origin of goods (in case of establishing the Customer in the notice of the electronic auction, documentation on the electronic auction of conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign countries, in accordance with Article 14,44-ФЗ);

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

b) specific indicators of goods corresponding to the values \u200b\u200bset in the electronic auction documentation and specifying trademark (if available) . The information provided for in this subparagraph is included in the application for participation in the electronic auction in the absence of an electronic auction in the documentation for a trademark or in case the procurement participant offers a product that is marked by a trademark other than the trademark specified in the documentation on electronic auction.

Important: If a trademark is specified by the customer in the electronic auction documentation, and you are ready to put this product to the customer, then in the first part of the application will simply indicate the delivery of this product. Specify specific indicators of goods do not need. If the trademark is not specified or you plan to deliver goods with a different trademark, then the specification of specific indicators in this case is necessary.

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

In order to avoid mistakes in preparing participants in the first part of the application, I prepared a detailed practical guide called "Punching Application. Get tolerance to any auction. " You can learn more about this manual.

According to Part 3.1 Article.66 44-FZ the first part of the application To participate in the electronic auction in case of incorporation in the procurement documentation in accordance with paragraph 8 of Part 1 of Art. 33 44-FZ project documentation must contain exclusively consent Purchase participant to perform work on the conditions provided for by the electronic auction documentation ( Note: Such agreement is given using software and hardware electronic platform).

Second part of the application To participate in EA should contain the following documents and information:

1) Name (FI), location (place of residence), postal address of the auction member, contact details, INN Member of the auction or an analogue of the Inn auction member (for a foreign person), INN (with) founders, members of collegial executive organ, persons acting on the sole executive body of the auction member;

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

3) copies of documents confirming the compliance of the goods, work or services to the requirements established in accordance with the legislation of the Russian Federation, in case, in accordance with the legislation of the Russian Federation, the requirements for the goods, work or service and the submission of these documents are provided for by documentation on EA ( Note: It is not allowed to require the submission of the specified documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);

4) a decision on approval or a major transaction or a copy of this decision;

5) Documents confirming the right of EA participant to receive advantages in accordance with Articles 28 and 29 44-FZ (if EA participated in obtaining these advantages), or copies of such documents ( Note: Advantages for institutions and enterprises of the penitentiary system, as well as organizations of persons with disabilities);

6) Documents provided for by the NPA adopted in accordance with Article 14 44-ФЗ, in the event of the purchase of goods, works, services to which the action of the specified NPA, or copies of such documents are applied. ( Note: In the absence in the application for participation in the documents provided for in this clause, or copies of such documents, this application is equal to the application, which contains a proposal to supply goods derived from a foreign state or a group of foreign countries, works, services, respectively, carried out by foreign persons);

7) Declaration on belonging to the participant of such auction to small businesses (SMP) or socially oriented non-commercial organizations (Sonko) in case of establishing the customer the restrictions provided for in Part 3 of Art. 30 44-FZ ( Note: This declaration is provided with the use of 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 other documents and information from the EA participant, with the exception of those provided for. 3 or Part 3.1 and Part 5 of Art. 66 44-FZ documents and information is not allowed;
  • The EA participant has the right to apply for participation in the auction at any time since placing the notice of its holding to the date and time of the end of the deadline for participation in the auction of applications ( Note: The date and time of the end of the submission of applications are local time for the organization engaged in procurement, remember this, submitting your application);
  • An application for participation in the electronic auction is submitted by a member of the auction to the electronic platform operator 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 EA, the electronic platform operator must assign an identification number to it and confirm in the form of an electronic document sent to the auction member who submitted the specified application, obtaining it, with an indication of the identification number assigned to it (or returns the application to the participant for reasons specified in PP 1-6 Part 11 of Art. 66 44-FZ);
  • The participant of EA, who submitted an application for participation in the auction, has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction, sending a notice to the electronic platform operator;
  • Electronic documents (their copies) confirming the compliance of the EA participant with additional requirements established in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ, do not turn on Participant of such auction as part of the second part of the application. Such documents (their copies) are sent to the customer by the EP operator using software and hardware of such a site at the same time with the second parts of applications for participation in such auction from the number of documents (their copies), placed in the register of procurement participants accredited at the electronic platform.

Cases of return of the application by the participant by the electronic platform operator:

1) The application is filed with violation of the requirements provided for by Part 6 of Art. 24.1 44-FZ ( Note: Application documents are not signed by an electronic signature);

2) one participant of the auction filed two or more applications for participation in it, provided that the applications filed before this participant were not withdrawn ( Note: In this case, this participant returns all applications for participation in auction);

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

4) Application from the auction participant was obtained in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The participant's registration period on the EIS website expires less than 3-month);

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

6) there is no procurement in the register of participants accredited at the electronic platform of electronic documents (or copies of their copies) of the procurement participant provided for by the list established by the Government of the Russian Federation (Decree of the Government of the Russian Federation of 04.02.2015 No. 99) in accordance with Part 3 . 31 44-ФЗ, or inconsistencies of such documents (or their copies) with the requirements established in the notice of EA in accordance with paragraph 6 of Part 5 of Art. 63 44-FZ (in procurement, with respect to the participants in which additional requirements are established by the Customer in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ).

13. The procedure for electronic auction for 44-ФЗ

In this part of the article, we will consider the procedure for participation in the electronic auction directly on the electronic platform itself.

So, in EA, registered in EIS, accredited at the site and admitted to participation in such auction participants (after considering the first parts of applications). I think it is understandable.

The same auction is carried out on the electronic platform into the day indicated in the notice of his holding ( Note: Happy EA is working day following the deadline for the deadline for consideration of the first parts of applications To participate in such auction. At the same time, EA in the case of inclusion in the procurement documentation in accordance with paragraph 8 of Part 1 of Art. 33 44-FZ project documentation held after 4 hours after the deadline for submission of applications to participate in the specified EA.)

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

The auction is carried out by reducing the participants of the Auction of the NMCC, indicated in the notice. The value of the decrease in the NMCC (hereinafter - the "auction step") is from 0.5% to 5% NMCC. When conducting the EA, its participants are submitted proposals for the price of the contract, providing for a decrease in the current minimum proposal to the price of the contract for the amount within the "auction step".

Requirements for the price proposals of the auction participants:

1) Auction member is not entitled to submit a proposal for the price of the contract:

  • equal to the previous proposal to them;
  • more than previously submitted proposal;
  • equal to zero;

2) the auction member is not entitled to submit a proposal to the price of the contract, which is lower than the current minimum proposal for the price of the contract, reduced within the "Auction Step";

3) a member of the auction is not entitled to submit a proposal for the price of the contract, which is lower than the current minimum proposal for the price of the contract in the event that it is submitted by such a member of the electronic auction ( Note: This means that it is impossible to reduce its price if it is currently the best).

In the event that the participant of EA proposed the price of a contract equal to the price proposed by another participant of such auction, the suggestion of the price of the contract received earlier.

Note: If during Ea you accidentally give a proposal that is not appropriate for the established requirements, then do not be scared, because It simply will not be accepted by the operator. Accordingly, you can adjust your offer and submit it again.

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

When conducting an electronic auction, the time of receiving proposals of participants of such auction about the price of the contract, which is 10 minutes after the receipt of the last sentence of the price of the contract . If, during the specified time, not a single proposal on the lower price of the contract was received, such auction automatically, using software and technical means that ensure its conduct is completed.

For 10 minutes From the moment of completion of EA, any participant has the right to submit a proposal to the price of a contract, which is not lower than the last proposal for the minimum contract price, regardless of the "auction step", taking into account the requirements 1 and 3, which are indicated above in the section "Requirements for the price proposals of the auction participants ".

For 30 minutes After completion of the EA, the operator places an electronic auction protocol on the electronic platform.

The protocol of EA indicates:

  • address of the electronic platform;
  • date, start time and end of such auction;
  • NMCC;
  • all the minimum proposals for the price of the contract made by the participants of such auction and ranked as descending, indicating the identification numbers assigned to applications for participation in such auction, which were filed by its participants who made the appropriate proposals for the price of the contract, and indicating the time of receipt of these proposals.

For 1 hour After placing an electronic platform on the electronic platform on the electronic platform, the state operator sends the specified protocol and the second parts of the applications of participants, and also sends the relevant notifications to the participants whose second part of the applications were transferred to the Customer for consideration.

When carrying out EA in the case of inclusion in the documentation of the procurement in accordance with paragraph 8 of Part 1 of Art. 34 44-FZ project documentation The electronic platform operator also sends to the Customer provided by Part 3.1 of Art. 66 44-ФЗ The first part of applications of such participants.

The electronic platform operator is obliged to ensure the continuity of the implementation of the EA, the reliability of the functioning of the program and technical means used to conduct it, equal access to 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 of such auction.

For better assimilation of information, I suggest you to see a small video by participation in EA on the Sberbank-Ast electronic platform:

14. How many e-auction lasts?

Many procurement participants are interested in how much the electronic auction procedure can last. This question is difficult to give an unequivocal answer, since it all depends on the specific auction, from the NMCC, on the number of participants admitted to participation in the auction, and from those auction steps that they are used during participation.

The minimum period of EA is 10 minutes. This is when the participants are not submitted by any price proposal.

According to Part 11 of Art. 68 44-ФЗ When conducting an electronic auction, the time of receiving proposals of participants of such auction is established about the price of the contract, which is 10 minutes from the beginning of such auction before the expiration of the suggestion of the contract price, as well as 10 minutes after the receipt of the last sentence about the price of the contract.

The maximum deadline for EA can be up to several days. This can occur when the participants achieved the contract price of 0.5% NMCC or lower. And then the auction is carried out on the right to conclude a contract by increasing the contract price (Part 2 of Article 68 44-FZ). However, in practice, such auctions are rare. On the average, the electronic auction lasts 1-1.5 hours.

15. How to find out the e-auction participants?

I am often asked whether it is possible to find out information about the e-auction participants before trading. I will answer that you can only bribing the electronic platform operator, but it is illegal. Then the next question arises. Are there legitimate ways to find out information about the electronic auction members? Yes there is. They are not fairly accurate, but with a lot of probability, it allows you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate deployed article, you can familiarize yourself with.

16. Recognition of the electronic auction of 44-ФЗ inconsistent

Below are cases in which an auction in electronic form by 44-ФЗ is recognized as invalid.

  1. In case, at the end of the deadline for submission of applications for participation in Ea, only one application was submitted or a single application was submitted, such auction is recognized as invalid (part 16 of Art. 66).
  2. In the event that, according to the results of consideration of the first parts of applications for participation in EA, auction commission decided to refuse to admit to participate in such auction of all procurement participants who submitted applications for participation in it, or recognizing only one procurement participant who submitted an application for participation In such auction, his participant, such auction is recognized as invalid (Part 8 of Art. 67).
  3. In the event that within 10 minutes after the start of Ea, none of its participants submitted a proposal to the price of the contract, such auction is recognized as invalid (part 20 of Art. 68).
  4. In the event that the Auction Commission decided on the discrepancy between the requirements established by the documentation on EA, all the second parts of the applications for participation in it or on the compliance of the specified requirements of only one second part of the application for participation in it, such auction is recognized as invalid (part 13 of Art. 69).
  5. If the second participant (when evasion of the Winner of the EA from the conclusion of the contract with the customer) did not provide the Customer within the established period of the signed contract of the contract and ensure the execution of the contract, the electronic auction is recognized as 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 may be concluded no earlier than 10 days From the date of placement in the EIS protocol for summing up the electronic auction.

For 5 days From the date of placement in the EIS protocol, the Customer places in the EIS and on the electronic platform without its signature a draft contract.

For 5 days From the date of placement by the Customer in the EIS Project of the Contract Project, the winner places a draft contract in the Eis-signed electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.

If there are disagreements on the draft contract posted by the Customer in the EIS, the winner posts in the EIS protocol of disagreements signed by an enhanced electronic signature. In the Protocol of Disagreements, the winner indicates the comments to the provisions of the Contract Project, which is not complying with the notice of this auction, documentation about him and its application for participation in such auction, indicating the relevant provisions of these documents.

Within 3 business days From the date of placement by the winner in the EIS protocol of disagreements, the Customer considers the disagreement protocol and without its signature places in the EIS and on the electronic platform, the refined draft contract, or re-places the draft contract with an indication of the reasons for refusing to take into account fully or partially contained in the disagreement protocol The winner of such auction. ( Note:At the same time, accommodation in the EIS and on the electronic platform by the Customer of the Contract Project, indicating in a separate document, the reasons for refusing to take into account fully or partially contained in the Protocol of the Disagreement of the Winner is allowed, provided that such a winner posted a disagreement protocol on the electronic platform for 5 days From the date of placement by the customer in the EIS project of the contract).

Within 3 business days from the date of placement by the Customer in EIS and on the electronic platform of documents (the finalized draft contract, or the initial draft contract + document of the reasons for refusal), the winner of the electronic auction places the draft contract in Eis-inflated electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.

Within 3 business days From the date of placement in the EIS project of the contract and ensuring the execution of a contract signed by an increased electronic signature of the winner, the Customer is obliged to accommodate the contract in Eis and on the electronic platform.

From the moment of placement in the Eis, the contract signed by the customer is considered to be concluded.

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

Cases of recognition of the winner of an electronic auction applied from the conclusion of the contract:

  1. if the winner is installed by Art. 83.2 44-ФЗ Tavern did not send the Customer signed draft contract;
  2. if the winner did not send the Customer of the Difference Protocol within 5 days from the date of placement by the Customer in the EIS project of the Contract;
  3. if the winner did not fulfill the anti-dumping requirements provided for by Art. 37 44-FZ (in case of a decline in the contract price by 25% or more of the NMCC).

Anti-dumping requirements

In case, when conducting an electronic auction, the contract price is reduced by 25% or more of the NMCC, the winner of such auction provides:

  • ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMCC\u003e 15 million rubles); Ensuring the execution of the contract in accordance with Part 1 of Art. 374 FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision to ensure the execution of the contract in the amount of ensuring the execution of the contract specified in the procurement documentation (if NMCC< 15 млн. руб.);
  • justification of the contract price in accordance with Part 9 of Art. 37 44-ФЗ When concluding a contract for the supply of goods necessary for normal life support (food, facilities for emergency, including emergency specialized, medical care provided in emergency or urgent form, drugs, fuel).

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

At the end of the article I suggest you to see another very useful video, in which it is described why not apply for an application for participation in EA at the very last moment.

At this, my article on the participation in electronic auctions by 44-ФЗ approached an end. Put husky, share information with friends and colleagues. If after studying the material you have any questions, then ask them below in the comments.

See you in new articles!


In accordance with Part 4 of Article 61, the operator is given no more than 5 working days for the consideration of documents submitted for accreditation. In principle, if applying for an auction day, it is enough even in the case of a "short" placement. However, it is still better to do it in advance, since the risk of delays due to technical failures is always. In what cases is the extension of submission of applications from the customer, there is an opportunity to make changes to the documentation. True, it can only do this if until the end of the deadline for submission of applications remains at least 2 days. The last two days are often referred to as "silence time", since something to redo or cancel the auction is no longer possible. At the same time, in accordance with the requirements of Part 6 of Article 55 of the Federal Law No. 44, the application period must be increased.

How to extend the deadline for applying for participation in the open auction?

In the notice of the electronic auction, along with the information specified in Article 42 of this Federal Law, indicate: 1) the address of the electronic platform in the Internet information and telecommunications network; 2) the deadline for consideration of applications for participation in such auction in accordance with Part 2 of Article 67 of this Federal Law; 3) the date of this auction in accordance with Part 3 of Article 68 of this Federal Law. In case the date of this auction accounts for non-working day, the day of this auction is postponed to the next working day; 4) the size of providing applications for participation in such auction; (as amended by Federal Law of December 28, 2013 N 396-FZ) (see text in the previous edition) ConsultantPlus: Note.

Extending the deadline for submission of applications

If the request for quotations was recognized as not carried out on the basis, provided for by part 9 of Article 78 of this Federal Law due to the fact that the quotation commission was rejected by all submitted applications for participation in the request for quotations, the Customer extends the deadline for submitting applications for participation in the request for quotations for four working days and During one working day, after the deadline for submission of such applications, places a notice of the extension of such applications in a single information system. At the same time, the Customer is obliged to send a request for applying for participation in the request for quotations at least three to its participants who can deliver the necessary goods, fulfilling the work or provision of services. 3.

Forum about public procurement and tenders Good-Tender

N 504-FZ in part 6 of Article 63 changes are made. See text in the future edition. 6. The Customer has the right to decide on making changes to the notice of an electronic auction no later than two days before the deadline for submitting applications for participation in such auction. Changing the procurement object during such auction is not allowed.


Within one day from the date of acceptance of this decision, the Customer places the specified changes in the Unified Information System. At the same time, the deadline for applying for participation in such auction should be extended in such a way that from the date of placement of changes made to the notice of such auction, to the date of the deadline for submitting applications for participation in such auction, this period was at least fifteen days or If the initial (maximum) contract price (Lot price) does not exceed three million rubles, not less than seven days. (as amended.

Forum Institute of State Procurement (Moscow)

From July 1, 2018 by the Federal Law of December 31, 2017 N 504-FZ, paragraphs 5 and 7 of Part 5 of Article 63 are recognized as invalid. 5) the advantages provided by the Customer in accordance with Articles 28 - 30 of this Federal Law; 6) the requirements for the participants of such auction and an exhaustive list of documents that should be represented by participants of such auction in accordance with paragraph 1 of part 1, parts 2 and 2.1 (with such requirements) of Article 31 of this Federal Law, as well as the requirement, presented to the participants of such auction in accordance with part 1.1 (with such a requirement) of Article 31 of this Federal Law; (as amended by federal laws from 04.06.2014 N 140-FZ, from 29.06.2015 N 210-FZ) (see

The deadline for filing quotation applications of 44 ФЗ

The Customer concludes a contract with the only supplier (contractor, performer) in accordance with paragraph 25 of Part 1 of Article 93 of this Federal Law in cases if the request for quotations was recognized as not carried out on the grounds provided for: 1) part 6 of Article 77 of this Federal Law due to the At the end of the deadline for submitting applications for participation in the quotation request, only one application was filed. At the same time, such an application is recognized as relevant to the requirements of this Federal Law and the requirements specified in the notice of the request for quotations; 2) Part 9 of Article 78 of this Federal Law due to the fact that, according to the results of consideration of applications for participation in the request for quotations, only one such application is recognized as relevant to the requirements of this Federal Law and the requirements specified in the notice of the request for quotations. 2.

Dates of the electronic auction under the Law No. 44-FZ

Applying is the first, and one of the most responsible stages of participation in the electronic auction. In order not to miss a beneficial offer, it is important not only to competently compile documents, but also provide them with the period specified in the notice. How many days are given to submission of applications by law, two cases are considered - when the initial contract price is less than 3 million rubles and the second - when it exceeds this amount.


The first auction in the people was called the "short", as from the moment of publishing notice before the reception of submission of applications should pass only 7 calendar days. At the same time, the day of publishing the notice and day of consideration of applications, as a rule, are not taken into account (although this issue is rather weed and some customers can interpret it in their own way). In general, the term is determined by this.

Article 63. Notice of electronic auction

In the event that the initial (maximum) contract price (Lot price) exceeds three million rubles, the Customer places the notice of an electronic auction in a single information system for no less than fifteen days before the deadline for submitting applications for participation in such auction. 4. The Customer has the right to publish a notice of an electronic auction in any media or place this notice in electronic media, provided that such publishing or such placement cannot be carried out instead of the placement provided for in paragraph 1 of this article. five.
For example, the notice of the auction, the starting price of which is 100 thousand rubles, was published on August 11, 2016. Then the acceptance of applications will be completed, most likely, August 19. In the event that the initial contract price is significant, exceeds 3 million rubles, the deadlines for submission of applications increase and should be at least 15 calendar days.
The time calculation is made similarly. And for "short" and for the "long" auctions, the upper limit of the end of the reception of applications is not limited. That is, the law provides for the minimum period of time, and the customer in the right to establish much longer intervals, at its discretion. How to have time to apply many contractors / suppliers / performers are asked if it is necessary to immediately register on all electronic sites, or it can be done after an attractive auction appears on one of them.

In accordance with 44 AP, extend the application deadline

The notice of the electronic auction is posted by the customer in the unified information system. ConsultantPlus: Note. From July 1, 2018, the Federal Law of December 31, 2017 N 504-FZ in part 2 of Article 63 changes are made. See text in the future edition. 2. In the event that the initial (maximum) contract price (the price of the lot) does not exceed three million rubles, the customer places the notice of an electronic auction in a single information system to the date of the deadline for submitting applications for participation in such auction .


ConsultantPlus: Note. From July 1, 2018, the Federal Law of December 31, 2017 N 504-FZ in part 3 of Article 63 changes are made. See text in the future edition. 3.

This Federal Law, for compliance with the requirements established by the documentation on such auction for the purchased goods, works, services.

2. The term of consideration of the first parts of applications for participation in the electronic auction may not exceed three working days from the date of the deadline for submitting these applications, except for the case provided for by paragraph 2 of Article 63 of this Federal Law, in which such a term may not exceed one working day with Dates of the deadline for submitting the specified applications.

3. According to the results of consideration of the first parts of applications for participation in the electronic auction containing information provided for by part 3 of Article 66 of this Federal Law, the Auction Commission decides on the admission of a procurement participant who has submitted an application for participation in such auction to participate in it and recognizing this The participant in the procurement by a participant of such auction or a refusal to admit to participation in such auction in the manner and on the grounds that are provided for by part 4 of this article.

4. A member of the electronic auction is not allowed to participate in it in the case of:

1) failure to provide information provided for by part 3 of Article 66 of this Federal Law, or providing unreliable information;

2) inconsistencies in information provided for by part 3 of Article 66 of this Federal Law, the requirements of the documentation on such auction.

5. Refusal to admit to participation in the electronic auction on the grounds not provided for by part 4 of this article is not allowed.

6. According to the results of consideration of the first parts of applications for participation in the electronic auction, the Auction Commission issues a protocol for consideration of applications for participation in such auction, signed by all those present at the meeting of the Auction Commission of its members no later than the date of the deadline for consideration of these applications. The specified protocol must contain information:

1) on identification numbers of applications for participation in such auction;

(see text in the previous edition)

2) the admission of a procurement participant who has submitted an application for participation in such auction, which is assigned a corresponding identification number, to participate in such auction and recognizing this participant in procurement by a participant in such auction or a refusal to admit to participate in such auction with the rationale for this decision, including, indicating the provisions of the documentation on such auction, which does not correspond to the application for participation in it, the provisions of the application for participation in such auction that do not meet the requirements established by the documentation about him;

(see text in the previous edition)

3) on the decision of each member of the Auction Commission for each participant of such auction on admission to participate in it and recognizing its participant or a refusal to admit to participate in such auction;

4) on the presence of procurement participants recognized by the participants of the electronic auction, proposals for the supply of goods originating from a foreign state or a group of foreign countries, works, services, respectively, carried out by foreign persons, in case the conditions, prohibitions, restrictions , works, services are established by the Customer in the electronic auction documentation in accordance with Article 14 of this Federal Law.

7. The Protocol specified in part 6 of this article no later than the expiration date of the term of consideration of applications for participation in the electronic auction is sent by the customer to the electronic platform operator and is posted in a unified information system.

8. In the event that, according to the results of consideration of the first parts of applications for participation in the electronic auction, the Auction Commission decided to refuse to admit to participate in such auction of all procurement participants who submitted applications for participation in it, or recognizing only one procurement participant who submitted only Application for participation in such auction, its participant, such auction is recognized as invalid. The protocol specified in part 6 of this article is made information on the recognition of such auction failed.

9. Within one hour from the moment of receipt by the electronic platform, the operator of the electronic site specified in Part 6 of this article is obliged to send each participant an electronic auction that has submitted an application for participation in it, or a participant in such auction who has submitted a single application for participation in it, notification About the decision taken in relation to applications filed, information on the presence of procurement participants recognized by the participants of the electronic auction, proposals for the supply of goods of Russian origin in the event that the documentation on the electronic auction is established conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign countries, works, services, respectively, carried out by foreign persons, in accordance with Article 14 of this Federal Law. In the event that the auction commission decided to refuse to admit to participate in this auction of its participant, the notification of this decision should support the rationale for its adoption, including, indicating the provisions of the documentation on such auction that this application does not meet the proposals contained In this application, which do not meet the requirements of the documentation on such auction, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, whose violation served as the basis for making this decision to refuse.

(see text in the previous edition)

10. Procurement participant, the first part of the application for participation in the electronic auction of which, in accordance with Part 3.1 of Article 66 of this Federal Law, comprises agreement on the work on the conditions provided for by the electronic auction documentation, and the application of which is not returned by the electronic platform operator in accordance with Part 11 of Article 66 of this Federal Law is considered to be admitted to participate in the electronic auction. Registration of the protocol provided for by part 6 of this article is not required.

A member of the electronic auction has the right to apply for participation in such auction at any time since placing the notice of its implementation to the documentation provided for by the documentation on this auction and the end time of the deadline for participation in such an auction of applications. 8. Application for participation in the electronic auction is sent by the participant of such auction to the electronic platform operator in the form of two electronic documents containing parts of the application provided for in parts 3 and 5 of this article. These electronic documents are submitted simultaneously. ConsultantPlus: Note. From July 1, 2018 by the Federal Law of December 31, 2017 N 504-FZ, part 9 of Article 66 sets out a new edition. See text in the future edition. nine.

Dates of the electronic auction of 44-ФЗ

Attention

This opinion is confirmed by law enforcement practice (see, for example, the decision of the Khabarovsk regional court of 02.07.2015 in case No. 21-477 / 2015). Zacon N 44-FZ does not provide for the procedure for calculating the deadlines established by him. At the same time, the legislation of the Russian Federation on the contracting system is based on provisions including the Civil Code of the Russian Federation (h.


1 tbsp. 2.

Law N 44-FZ). Therefore, the provisions of chapter 11 of the Civil Code of the Russian Federation are applicable to the calculation of such deadlines. According to Art. 190 of the Civil Code of the Russian Federation established by law, other legal acts, a transaction or court appointed by the court is determined by the calendar date or expiration of the period of time, which is calculated for years, months, weeks, days or hours. Article 191 of the Civil Code of the Russian Federation provides that the period of time defined by the period of time begins the day after the calendar date or the event of the event, which is determined by its beginning. Prior to h.

Dates of the electronic auction under the Law No. 44-FZ

No later than the expiration date of the Consideration of 1 Parts of Applications. Auction auction date (day) of the auction.
The day next after the expiration of 2 days from the date of the deadline for consideration of 1 parts of the applications. It is necessarily taken into account the time zone in which the customer is located.

Important

The time of the auction. Installed by the ETP operator. Terms of posting the protocol with the results of the auction. It is located 30 minutes after the completion of the electronic auction.


Is placed by the ETP operator. Consideration of 2 parts of the application Terms of consideration of 2 parts of applications. Not more than 3 working days from the date of the auction. The participant who submitted the application sends a protocol (or excerpt from the Protocol) regarding the decision on his application. Placing a protocol of consideration of 2 parts of applications. No later than the date of the expiration of the time consideration of 2 parts of the applications.

Article 66. The procedure for submitting applications for participation in the electronic auction

The time of placement of this notification and time of the deadline for submission of applications during the calendar day in this situation does not matter (see also the topic of 4 reviews of the practice of conducting unscheduled audits of actions (inaction) of the Customer, an authorized body (institution), a specialized organization, procurement commission, the official of the contract service, the contract manager, the electronic platform operator during procurement in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contracting system in the field of procurement of goods, works, services for providing state and municipal needs" (prepared Office for monitoring the placement of public ordering FAS Russia, July 2015), the letter of the Ministry of Economic Development of Russia of December 17, 2014 N D28I-2837, p.

All-Russian Municipal Forum

Info

Law n 44-ФЗ This means that the flow of fifteen days began the day after the post office on the official website of the electronic auction. Consequently, November 17 is the last (fifteenth) day of this term.


Based on the literal reading of the wording Part 3 of Art. 63 of the law N 44-ФЗ The deadline for submission of applications should follow after the last day of the fifteen-day period of the mentioned day (that is, to fall on the 16th day). In this situation, the Customer actually set the deadline for submission of applications to not 15, and 14 calendar days. It also tests to keep in mind that according to P.P.
3, 7 tbsp.

New deadlines in government order. FZ-44. Contract system

Recalling an application for participation in the electronic auction - recognition of an electronic auction failed, if at the end of the application deadline not a single application (all applications are rejected) - recognition of an electronic auction failed, if only one application was submitted at the end of the deadline for submission of applications (one procurement participant is allowed To the auction) a guide to disputes in the sphere of procurement: - is it legitimate to refuse to admit to participation in the auction due to the fact that the application indicates the non-specific characteristics (including in the form of a range) of the goods? - Does the requirement for the presence of a certificate of work on admission to specific types of work affecting the safety of capital construction objects? - Is it legitimately the requirement for the availability of a license for work related to ensuring fire safety if they are included in one lot with construction work? ConsultantPlus: Note.

Forum Institute of State Procurement (Moscow)

It is no more than 7 days after the end of the deadline. During this period, applications are eliminated that are not suitable for the requirements specified in the documentation.
In the same period, the minutes of consistent with the first parts of the application operator ETP, on which procurement undergo, and place data in EIS. 7. Then the auction period of 44-ФЗ is coming, this is the third working day, after the date of the end of the consideration of the first parts of the applications. The exact time is assigned an ETP operator. 8. Then it is necessary to announce the auction protocol. On the electronic purchase area, this information is placed within 30 minutes after the completion of procurement, and the Customer is sent to the Customer for 1 hour, together with the second parts of the applications, after publication on the ETP. nine.

Date and time of completion of submission of applications for participation in the electronic auction

Contracting the contract posting by the customer in the EIS project of the contract. Within 5 days from the date of posting a protocol of consideration of 2 parts of applications.
The customer is still not signed by the contract of its EDS. Placement by the winner of the auction in the Eisian contract signed by him or the disagreement protocol. Within 5 days from the date of placement by the Customer of the draft contract in EIS. Timing the response of the auction winner. Terms of signing by the Customer of the Contract (if there was no disagreement protocol).
Within 3 days from the date of placement by the winner of the auction of the contract signed by him in EIS. Customer's response time: If the Customer has been sent a contract, the deadlines for signing the Customer of the Contract.

Terms of adjustment by the Customer of the Contract and re-place it in the EIS, if the Customer has sent a protocol of disagreements. Within 3 days from the date of placement by the winner of the auction of the protocol of disagreements.

The customer must sign a contract within 3 working days after the Contractor does. You can find out about all the timing and features of each stage of an electronic auction in our learning course GosAcakaz.

Employees Rustander specially collected all the necessary information, supported by their own experience of participation, thanks to which you can successfully participate in public procurement and receive contracts. These are the main stages and the auction timing of 44-ФЗ passing in electronic form on the federal operator's ETP.

All temporal characteristics given in the text are relevant at the time of writing the article. To always be aware of the latest changes, follow the norms of the legislation of the Russian Federation.

The start date and completion of applications for 44FZ

Stage of placement of the order "Short" Auctions "Long" Auctions Notes Placing an order Placing an auction notice. 7 days 15 days the specified deadlines are minimal, that is, it is impossible to reduce it, but an increase in the placement of the order is allowed. Submission of applications for participation in the auction. The date of commencement of applications. On the day of posting notifications and auction documentation. The deadline for submission of applications is indicated in the auction documentation.

These deadlines are minimal, depend on the deadlines established by the auction documentation. The deadline for submission of applications. 7 days from the date of placement of notice.

15 days from the date of placement of notice.

Requests The date of the start of requests for filing requests. Since placing notifications and documentation. The deadline for filing requests is indicated in the auction documentation.

Consideration of 2 parts of the application must be held within a period of no more than 3 working days, from the date of posting the Protocol on the procurement on the site. 10. After this stage, the Customer must place a draft contract, for this he is given to five days.

After another five days, the signing of the contract or the publication of the disagreement protocol should take place. 12. If disagreement was sent, then three days is given to the customer to study the protocol and the publication of the modified version of the contract.

If the contract is placed unchanged, then the customer needs to justify the refusal of the proposed member changes. 13. Over the next 3 days, after the publication of the refined (or the same) version of the contract, the signing and ensuring the execution of the contract by a member of the electronic auction should be held.

The article is useful to suppliers who plan to participate in electronic auctions. It is necessary to know the basic rules and time of filing an application for participation in the auction. We also tell you how to make the first and second part of it.

Innovations in legislation

Before talking about the deadline for submitting applications for participation in the auction and other rules established by law, we will remind the changes. From January 1 and until December 31, 2019, suppliers need to register with EIS. All registered persons will automatically contribute to the register of public procurement participants. After that, they are accredited on sites.

Already since 2018, the ETP will take a fee for participation in procurement. True, only with the winner of the procedures. The fee was tied to the contract price. The participant must give 1% of it, but not more than 5 thousand rubles. For the subjects of SMEs and socially oriented NGOs, the amount will be all the same 1% of the contract price. However, the maximum bar was limited to 2 thousand rubles.

Apply for participation in the auction

An application for auction consists of two parts. The first participant does not indicate its data, and simply reports information about the goods offered by them, work, the service and gives consent to the supply or fulfillment of the necessary actions.

In the first part of the application, you need to specify all the features and specific indicators of the goods offered. This is a trademark and a service sign, name, patents, samples, models, name of the country of origin. You can add a drawing, sketch, photo, drawing or other product image.

The second part indicates detailed information about the participant: Company name, address (for Yurlitz), Fm.o., his passport details and place of residence (for individuals), telephone, TIN and INN of the company's founders and its chapters. The necessary documents are applied to it. These include the following papers:

  • on the correspondence of the participant requirement of the auction documentation;
  • o conformity of goods, work or services;
  • decision on the approval of a major transaction;
  • declaration of belonging to SMEs, Sonko.

We participate in the auction for the supply and installation of heating radiators. It was found that in the notice of purchasing the goods described differently than in technical launch. And the deadlines for which work must be performed are also different. Do we need to complain about the FAS?

Application deadline for participation in the auction of 44-ФЗ

The notice of the auction Customer must be placed in EIS at least 7 days before the end of the deadline for submission of applications for NMCC to 3 million rubles. And in 15 days for a larger price. Accordingly, it is precisely such a period of filing an application for 44-FZ.

For example, consider the minimum time to submit applications for auction with an initial price of 15,000,000 rubles. This amount exceeds the established limit, so the customer is obliged to establish a period of submission of applications from 15 days. The maximum submission of applications for participation in the auction of 44-ФЗ in law is not specified.

The procedure for sending an application for participation in the electronic auction

Both parts are served simultaneously within the deadline for submission of applications for participation in the electronic auction of 44-ФЗ. Please note that the customer prescribes not only the date, but also time. This means that the participants have the opportunity to send a sentence a few hours before the completion of applications for 44-FZ. However, it is not recommended to do so, as you may not have time to make changes if the proposal is reused due to errors or missing information.

At first, the application comes to the ETP operator. He has an hour to assign her numbers and a notification of the author. Another hour is given to the operator for checking information. Documents can return the participant if:

  • the offer was submitted after the deadline for submitting applications for participation in an electronic auction of 44-FZ;
  • end accreditation on the ETP (it is issued for a period of three years);
  • there is no money for making a security;
  • documents are not signed with a strengthened electronic signature;
  • one participant has submitted two or more applications.

Causes of rejection of applications for auction

Reject an application may later, already when considering the Auction Commission. The reasons for such a decision of the Customer's representatives are registered in the law 44-FZ. Here is the foundation for the review of the first part of the application:

  • providing not all the required information;
  • specifying false data;
  • mind of information about the product requirements of the documentation.

Case from practice. The customer decided to buy medical equipment and components to it. The Commission reviewed the first part of the applications and rejected one of them for inconsistency on a formal basis. The participant pointed out that spare parts for equipment included will be slightly more than the customer prescribed. The antimonopoly service has protected the potential supplier, but the courts of different instances dealt with the views.

Reject the second part of the applications the customer may if:

  • there are no necessary papers;
  • the participant provided unreliable data about himself;
  • the participant does not meet the requirements of the customer.

Example from practice. The participant did not indicate the Inn director in the second part of the application for auction. The customer rejected the application. Does it make sense to appeal his actions?

What to pay attention to the application

First of all, this is the deadline for submission of applications for auction in the documentation. After his end, the customer will not even take an ideal proposal.

It is important to include all the necessary information and documents in the application. Sometimes banal inattention plays against the participants: they forgot to register the INN, made a mistake in the title of the subject of the contract, etc. If something is unclear in the documentation, ask the customer's clarification. In this case, the risk to submit inconsistency with the requirements of the proposal is much lower.

Only one sentence can be sent to an application for participation in the electronic auction of 44-ФЗ to participate in an electronic auction of 44-ФЗ. If applications are two or more, they will all be rejected. All documents and information that the supplier sends to participate in the auction in electronic form should be certified by an enhanced electronic signature. .

More answers to questions about purchases you will find in the new issue of the magazine "Gospaz in questions and answers"

Nested files

  • The first and second part of the applications .7z