Submission of price proposals. Learning to participate in electronic auctions: stages, terms, requirements After the end of the auction
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An electronic auction is a rather complicated method of procurement, which provides for the customer to perform a number of consecutive actions within the time period established by Law No. 44-FZ. In this article, we will tell you about each stage of the electronic auction and the timing of the auction.
At the School of Electronic Trading, this is professional retraining for suppliers and customers under 44-FZ and 223-FZ. Online with experts.
An electronic auction in Law No. 44-FZ means a method for determining a supplier (contractor, performer), in which tenders are held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.
For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.
1. Placement in the Unified Information System (EIS) of a notice of an electronic auction and documentation.
In order to communicate information about the purchase to an unlimited number of persons, the customer places in the EIS a notice of the auction.
The minimum terms for placing a notice in the EIS are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMCK). So, if the NMCC does not exceed 3 million rubles, it is necessary to place a notice at least for 7 days before the deadline for filing applications for participation in the electronic auction, with the NMCK more than 3 million rubles. - not less than 15 days.
Law No. 44-FZ does not establish a special procedure for calculating deadlines. In turn, Article 191 of the Civil Code of the Russian Federation stipulates that the course of a period determined by a period begins on the next day after the onset of the calendar date or event that determines its beginning.
The notice of an electronic auction should be placed so that the period between the day of placement of the notice and the day of the deadline for submission of applications is at least 7 (15) calendar days.
The Ministry of Economic Development of Russia adheres to a similar position (letter dated 28.08.2015 No. OG-D28-11486).
Customers should be very careful about the timing of the placement of the notice of the procurement, since a fine of 30 thousand rubles may be imposed on the customer's official for shortening the time for submitting applications. (part 8 of article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction can be canceled by order of the supervisory authority.
2. Placing in the EIS clarifications of the provisions of the documentation on the electronic auction.
Clarifications of the documentation must be placed in the EIS within 2 days from the date of receipt of the participant's request from the operator of the electronic platform.
Moreover, if the request arrives later than 3 days before the deadline for submission of applications, the customer should not respond to such a request. In the event that the last day of the deadline for the customer's request falls on a weekend, the expiration date of this deadline is the next working day (letter from the Ministry of Economic Development of Russia dated 31.12.2014 No. D28i-2882).
3. Amendments to the notice of an electronic auction or auction documentation.
The customer may decide to amend the purchase notice, auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. It is necessary to place the text of changes in the EIS within 1 day from the date of the said decision.
When making changes, you must ensure that there is at least 7 days, and with NMCK more than 3 million rubles. - at least 15 days... If necessary, the deadline for submitting applications is extended.
4. Refusal to conduct an electronic auction.
You can refuse to hold an auction no later than 5 days before the deadline for applications. After the expiration of this period (and before the conclusion of the contract), the auction can only be canceled if a force majeure circumstance arises.
5. Consideration of the first parts of applications for participation in the electronic auction.
Not later 1 working day following the deadline for filing applications for participation in the auction, the operator of the electronic site sends the customer the first parts of the applications. The auction commission is obliged to check the received bids in order to identify the persons admitted to participate in the auction.
The first parts of applications for participation in an electronic auction must be considered within the time period established in the notification and documentation of the auction, which cannot exceed 7 calendar days from the expiration date of the application submission period.
The application review protocol must be sent to the operator of the electronic platform and placed in the EIS no later than the date of the end of the application review period.
6. Determination of the winner of the electronic auction.
An electronic auction is held on an electronic site on the day and time specified in the notice of an electronic auction. The start time of the auction is set by the operator of the electronic site. The day of the electronic auction is the business day following the expiration of 2 days from the expiration date of the consideration of the first parts of applications for participation in such an auction.
After the start of the auction, the 10 minutes... This time is automatically extended after the next offer of one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another offer for a price (not lower than the last offer for the minimum price of the contract).
7. Consideration of the second parts of applications for participation in the electronic auction.
The second parts of the applications are sent by the operator of the electronic platform to the customer within 1 hour after posting on the electronic site the protocol of the electronic auction.
It is necessary to consider the second parts of applications for participation in the electronic auction within 3 working days from the date of placement on the electronic site of the protocol of the electronic auction. The minutes of summing up the results of the auction is published in the EIS no later than 1 working day following the date of its signing.
8. Conclusion of a contract with the winner of the electronic auction.
The customer is obliged to place in the EIS a draft contract with the included conditions for its execution, proposed by the winner of the electronic auction during 5 calendar days from the date of posting on the electronic site and in the EIS of the protocol for summing up the results of the electronic auction.
If the winner of the electronic auction places a protocol of disagreements in the EIS, the customer is obliged to consider and take into account the winner's comments (or refuse to take these comments into account) within 3 working days after posting the protocol of disagreements in the EIS (on the electronic platform).
If the winner submits the protocol of disagreement after 13 days after the posting of the summarizing protocol in the EIS, it is not required to agree on the differences. In this case, the winner of the electronic auction is deemed to have evaded the conclusion of the contract.
After placing the draft contract signed by the winner of the electronic auction in the EIS (on the electronic platform), the customer is obliged to sign it if the winner has provided proper security for the execution of the contract.
It is advisable to check the provided security immediately after the winner of the electronic auction submits the security. If a bank guarantee is presented as security, then the customer must consider it within a period of no more than 3 working days from the date of admission.
The customer is obliged to sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than after 10 calendar days from the date of placement in the EIS (on the electronic platform) of the protocol for summing up the results of the electronic auction.
It is worth considering that if the last day of the signing of the draft contract by the winner is non-working, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and supported by the Ministry of Economic Development of Russia (letter dated 01.06.2015 No. D28i-1449).
If the winner of the electronic auction is recognized as having evaded the conclusion of the contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date of recognition of the winner of the auction as evading, as well as no later than 3 working days from the date of the conclusion of the contract with the second participant, send information about the winner who avoided the conclusion of the contract.
In order not to get confused in the main deadlines provided for by Law No. 44-FZ, we suggest you use the table below:
| P / p No. | Auction stage | Deadlines | Article in the Law No. 44-FZ |
|---|---|---|---|
| Placing a notice and documentation in the UIS | For NMCC, ≤ 3 million rubles, - not less than 7 days | Part 2 of Article 63 | |
| For NMCC> 3 million rubles. - not less than 15 days | Article 63, part 3 | ||
| 2. | Placement in the EIS of clarifications of the provisions of the documentation | During 2 days from the date of receipt of the participant's request | Part 4 of Article 65 |
| 3. | Changes to Notice and Documentation | No later than 2 days before the deadline for applications | Part 6 of Article 65 |
| 4. | Refusal to hold an auction | No later than 5 days before the deadline for applications | Part 1 of Article 36 |
| 5. | Consideration of the first parts of applications | No more 7 days from the date of the end of the application period | Part 2 of Article 67 |
| 6. | Conducting an electronic auction | The working day following the expiration of 2 days from the date of the end of the period for consideration of the first parts of applications to participate in the auction | Parts 2, 3 of article 68 |
| Submission of price offers - 10 minutes(automatically renewed after the next offer) | Part 11 of Article 68 | ||
| After the main time for another 10 minutes the participant can improve his price offer | Part 12 of Article 68 | ||
| 7. | Consideration of the second parts of applications | N f more than 3 working days from the date of posting the minutes of the electronic auction | Part 5 of Article 69 |
| 8. | Concluding a contract with the winner | The draft contract is placed within 5 days from the date of posting the minutes of summing up the results of the electronic auction | Part 2 of Article 70 |
| Consideration of the winner's comments - within 3 working days after posting a protocol of disagreements in the EIS | Part 5 of Article 70 | ||
| Verification of collateral when providing a bank guarantee - no more than 3 working days from the day of receipt | Part 5 of Article 45 | ||
| Signing of the contract by the Customer - within 3 working days from the date of placement in the EIS of the draft contract signed by the winner, but not earlier than after 10 days from the date of placement in the EIS of the protocol for summing up the results of the electronic auction | Parts 7, 9 of article 70 | ||
| The winner is recognized as evaded - no later than 10 days the customer sends the draft contract to the second participant | Part 14 of Article 70 | ||
| Submission of information for inclusion in the RNP - no later than 3 working days from the date of the contract with the second participant | Part 4 of Article 103 |
We will provide step-by-step instructions on how to conduct an electronic auction under 44-FZ for a customer, examples of the necessary documentation, including a sample information card for an electronic auction, we will tell you what documents are needed for an electronic auction under 44-FZ.
An electronic auction is one of the procurement methods under 44-FZ, the winner of which is the participant who offered the minimum price for the execution of the contract.
Step one. Planning and preparation of documentation
Before holding an auction, the customer must form an auction commission, develop and approve a regulation on its functioning and prepare documents for holding an auction.
Among other things, the auction documentation should be developed and a draft contract should be attached to it. The documentation prescribes: the name and description of the procurement object, requirements for applications and the terms of their submission and consideration, the date of the auction, the amount of the contract security, etc.
Step two. Placement of a notice of a procurement
At this stage, the customer develops and publishes in the EIS a notice of an electronic auction. Moreover, it must be published in the EIS at least 7 days before the deadline for submitting applications (at a contract price of up to 3 million rubles) and at least 15 days (if the price of the contract is above 3 million rubles). To draw attention to the purchase, the customer can also publish information about the auction in the media.
The notification must contain the following information: the name of the electronic platform, the date of the end of consideration of applications and the date of the auction, the amount of security for applications, benefits for SMEs and SONCO, organizations of disabled people and institutions of the penal system. The entire list of documents that will be required from participants is also written here.
Ekaterina Kravtsova, Deputy Head of the Procurement Division of the Public Sector Organization of the Contract System Development Department of the Ministry of Economic Development of Russia
Advice: while you are preparing an application, regularly review the procurement documents in the EIS. Participants have the right to send a request for clarification of the auction documentation. The customer's answers will be useful and help to avoid unnecessary mistakes.
Ask your question to experts
After confirming the accreditation, you need to open a special bank account. Funds are transferred to it to secure the bid for the auction.
The amount of security for each auction is set by the customer in the range from 0.5% to 1% of the initial contract price at the initial price up to 20 million rubles and up to 5% over 20 million.
In case of winning and canceling the contract, these funds are withheld and transferred to the customer. Until an electronic auction takes place, this money will be blocked.
If you do not win, the security will be unlocked within 1 business day. If you win, the application security will also be returned, but after the contract security has been entered and signed.
Step 5. Submitting a bid for the auction
An application for an auction can be submitted if funds to secure it have been credited to a special account.
- The electronic auction on the site is searched for by the registry number
- Application forms are filled out in the personal account, documents are uploaded
- Each file and the final application form are signed with a digital signature
After filing, each application is assigned a sequential number. On some sites, it corresponds to the number of applications submitted, and you can use it to determine how many participants there are. If you have doubts about the correctness of the documents, the application can be withdrawn and re-submitted. It will be assigned a new serial number.
Step 6. Consideration of the first parts of applications
The customer's auction commission from 1 to 3 days considers the first parts of the applications and makes a decision: admit to electronic trading or reject. The name of the company in the first part is classified until the second parts are considered.
Based on the results of consideration on the site, a protocol is published with the numbers of applications and a decision on admission. Company names remain hidden.
Step 7. Participation in the electronic auction
In case of admission to the bidding procedure, it is important not to miss the time of the electronic auction. This is usually the first working day after the publication of the admission protocol.
Confusion with time zones is possible. The auction can take place early in the morning or at night, and last for hours. You need a reliable Internet and a backup channel, an uninterruptible power supply or a laptop (and a charger!), A check of the EDS functionality.
There are many more overlays going on than you might imagine.
How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time for submitting an offer - 10 minutes... After each new bet, 10 minutes are counted down anew.
You always have 10 minutes to decide on a new bet.
You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have elapsed since the last bid, the main trading ends. The first place is occupied by the offer with the minimum price. But that is not all.
The second part of the trading session begins, where any participant can put a price outside the auction step and take second place.
There are 10 minutes for this. In case of rejection of the bid of the winner of the auction for the second parts, the contract will be signed with the next participant in turn. Submission in an electronic auction is an important step that increases the likelihood of winning.
- It is governed by the provisions of Article 68 of Law No. 44-FZ.
Conducting an open auction in electronic form.
An electronic auction is held on the ETP on the day specified in the notice of its holding.Determining the date of the auction.
- The day of the auction is the day following the expiration of 2 days from the date of the expiry of the period for consideration of 1 parts of applications for participation in this auction.
- Start time of the electronic auction: set by the ETP operator, taking into account the time zone in which the Customer is located.
Reducing the price of an electronic auction.
- The initial (maximum) price is set by the Customer and justified in the auction documentation.
- Auction step - from 0.5% to 5% of the initial price.
- You cannot submit an offer with a price equal to or higher than the price offers previously submitted by other participants in the auction.
- You cannot submit a zero price offer.
- You cannot submit a bid that is lower than the current minimum bid submitted within the "auction step".
- You cannot lower your own price offer.
- During the bidding process, the ETP must indicate the time left before the deadline for submitting price proposals.
- If no new offers for downgrading have been received within 10 minutes, the "main time" of the auction (determination of the winner) ends.
- After determining the winner within 10 minutes, you can submit proposals for the demotion of the 2nd, 3rd, etc. places.
Electronic auction protocol.
- Placed on the E-Marketplace half an hour after the end of the electronic auction.
- ETP address
- Date and time of the start of the auction.
- Date and time of the end of the auction.
- Initial contract price
- All bids for the contract price (minimum) made by the participants in the auction.
- Bids are ranked in descending order, indicating the numbers of bids submitted by the participants who made these quotations.
- The time of receipt of these proposals is indicated.
Promotion auction.
- If the price of the contract during the auction is reduced to 0.5% of the initial price of the contract, a bullish game begins.
- Such auctions are held until the contract price reaches no more than one hundred million rubles.
- Limitation in accordance with the decision to approve a major transaction, not more than the amount specified in this decision.
- Enforcement of the contract is the same as indicated in the auction documentation.
Participation in public procurement auctions still raises many questions, and therefore we have prepared an instruction that includes five steps. Study it and you will surely prevail.
The auction is the most popular type of procedures: in 2015, state customers under the Law "On the Contract System ..." carried out 56% of purchases with it. Participation in the auction still raises a lot of questions, and therefore we have prepared an instruction including 5 steps that will allow you to win.
Stage 1. Filing an application
You need to prepare in advance!
It is necessary to conduct a preliminary analysis of the customer, making the calculation of the minimum favorable price. Since it is possible to submit quotations several times in an auction (as opposed to other procedures), it is better to calculate the lower limit in advance.
Oleg Vitalievich P., an individual entrepreneur from Samara, took part in an electronic auction for the provision of services for washing, ironing and disinfection of linen for a city hospital. The customer set the minimum price for the provision of services for washing a unit of linen - 58.33 rubles. (the total contract price was just over 400 thousand rubles). And the entrepreneur calculated that in his laundry, washing 1 kg of linen would cost an average of 20 rubles. per kg. (140.0 thousand rubles). Thus, Oleg Vitalievich could bargain not less than this amount, and the price of the won contract was 140.8 thousand rubles.
If a company only lights up in purchases, but does not win them, then this will be an additional confirmation of its conscientiousness. However, after winning public procurement, Oleg Vitalievich approached representatives of a large state corporation with a proposal to be their supplier in the procurement of similar services. He also received a lucrative offer from a large supermarket chain and a serious commercial customer. The entrepreneur provided services for the hospital, which played an important role in signing the contract, since medical institutions have rather high requirements for such services.