Repeated electronic auction for 44 FZ. The auction did not take place

In most cases, when the phrase “the purchase did not take place,” the participants have the opinion that either there are no offers for a tender, or all applications for its participation were rejected. However, there are many more cases when the purchase was declared invalid.

Let's consider this for different stages of the procedure.

All bases are collected in the table.

Competitive procedures

If, during the tender, the public procurement is declared invalid, 44-FZ provides for two cases of further development of events: to conduct a new or repeated one, or to purchase from a single supplier.

The difference between a new public procurement and a repeated one is that if the object, volume, requirements for participants do not change, that is, all the conditions remain the same (with the exception of the term for the fulfillment of the terms of the contract, which is extended by the amount required for the repeated order, as well as the initial price, which can be increased by no more than 10%), then the order is repeated, otherwise - new.

When there are no submitted applications or they are found inappropriate, a second procedure is carried out. The publication of the notice in the Unified Information System under the repeated procedure is carried out at least 10 days before the date of opening the envelopes (not 20 days, as with the usual one).

If, in the future, a repeated tender does not take place for the same reasons (part 2 of article 55), then the customer has the right to carry out the procedure by requesting proposals in order to reduce the period for submitting applications to 5 working days or in another way at the discretion of the customer.

If the purchase does not take place, the only supplier enters into a contract if his application complies with the requirements of the law and documentation. In this case, the customer must obtain approval from the Federal Antimonopoly Service (clause 25, part 1 of article 93).

This group does not include a case when, according to the results of the pre-qualification selection of a two-stage competition, only one participant is recognized as meeting the requirements (part 10 of article 57). The customer purchases again because it is not possible to negotiate the characteristics of the order object with multiple vendors.

Electronic auction

If an electronic auction is declared invalid, the customer or concludes a contract with a single supplier, while no approval is required with the supervisory authority (in the cases provided for in part 16 of article 66, part 8 of article 67, part 20 of article 68, part 13 Article 69).

Or, if the auction did not take place, changes in the procurement plan are made, if necessary, in accordance with Part 6 of Art. 17, changes in the schedule are mandatory, then the order is carried out again (part 16 of article 66, part 8 of article 67, part 13 of article 69, part 15 of article 70).

Request for quotes

If the request for quotations is recognized as invalid, the customer either enters into a contract with a single supplier, while no approval is required with the control body, or carries out the public procurement again, while displaying the changes in the planning documents.

Request for proposals

Let's consider what to do with failed purchases at different stages of the procedure.

Closed procedures

A failed purchase under 44-FZ during a closed auction and tender is recognized in cases similar to open methods for determining a supplier. However, according to Art. 92, except for the possibility to re-order the order, the customer has the right, in agreement with the control body, to purchase from a single supplier in accordance with clause 24, part 1 of Art. 93.

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

1. The concept of an electronic auction

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

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

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

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

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

2. Platforms for holding electronic auctions

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

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

3. When is an electronic auction held?

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

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

The inclusion of goods, works, services in the above lists is carried out in the event of the simultaneous fulfillment of the following conditions:

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

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

4. Accreditation of e-auction participants

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

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

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

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

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

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

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

5.1 Actions of the Customer when conducting an electronic auction

Stage 1 - Preparation for an electronic auction

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

Stage 2 - Preparation of documents for an electronic auction

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

Stage 3 - Posting information about an electronic auction

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

Stage 4 - Identification of participants in an electronic auction

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

Stage 5 - Determination of the winner of the electronic auction

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

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

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

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

5.2 Participant's actions during an electronic auction

Stage 1 - Obtaining an electronic signature

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

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

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

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

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

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

Stage 3 - Search for information about an ongoing electronic auction

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

Stage 4 - Analysis of auction documentation

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

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

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

Note:

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

Stage 6 - Preparing 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 with a qualified electronic signature and send to the operator of the electronic platform.

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

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

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

Stage 7 - Direct participation in an electronic auction

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

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

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

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

6. Terms of the electronic auction under 44-FZ

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

7. Calculator for electronic auction under 44-FZ

11. Requirements for participants in an electronic auction

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

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

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

You can learn more about the requirements for procurement participants.

12. Application for participation in the electronic auction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Important:

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

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

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

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

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

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

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

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

13. The procedure for electronic auction under 44-FZ

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

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

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

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

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

Requirements for price offers of auction participants:

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

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

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

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

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

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

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

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

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

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

The EA protocol contains:

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

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

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

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

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

14. How long does an electronic auction last?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anti-dumping requirements

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

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

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

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

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

See you in new articles!

Documents Legislation Comments Judicial practice Articles Procurement Tenders Auctions Request for quotations Request for proposals Sole supplier Contract State contract Municipal contract Federal bodies of the FAS Russia Rosoboronzakaz From 01.01.2015, if the electronic auction is declared invalid, the approval of the conclusion of a contract with the sole supplier with the supervisory authority is not required. Federal Law No. 498-FZ of December 31, 2014 amended Clause 25, Part 1, Art. 93 44-FZ, in accordance with which, if the electronic auction was declared invalid on the grounds provided for in p. 1 - 3.1 Art.

Article 71. Consequences of declaring an electronic auction invalid

Federal Law and contained on the date and time of the expiration of the period for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send notifications to the participants of such an auction; 3) the auction commission, within three working days from the date of receipt by the customer of the second parts of applications for participation in such an auction of its participants and the documents specified in clause 1 of this part, considers the second parts of these applications and the specified documents for compliance with the requirements of this Federal Law and documentation about such an auction and sends to the operator of the electronic platform a protocol of summing up the results of such an auction, signed by the members of the auction commission.

Publication of the minutes if no applications have been submitted

Of the Federal Law and contained on the date and time of the expiration of the period for filing applications for participation in such an auction in the register of participants in such an auction who have received accreditation on the electronic platform; 2) the operator of the electronic site, within the period specified in paragraph 1 of this part, is obliged to send a notification to the participant of such an auction who has submitted a single application for participation in such an auction; 3) the auction commission, within three working days from the date of receipt of the only application for participation in such an auction and the documents specified in clause 1 of this part, considers this application and these documents for compliance with the requirements of this Federal Law and documentation on such an auction and sends it to the operator of the electronic platform, the protocol of consideration of the only application for participation in such an auction, signed by the members of the auction commission.

Ipc-zvezda.ru

From July 1, 2018, Federal Law of December 31, 2017 N 504-FZ, paragraph 4 of Part 3 of Article 71 is amended. See text in future edition. 4) the contract is concluded in accordance with Clause 25 of Part 1 of Article 93 of this Federal Law in the manner prescribed by Article 70 of this Federal Law, with a participant in such an auction, an application for participation in which has been submitted: a) earlier than other applications for participation in such an auction, if several participants in such an auction and their applications have been recognized as complying with the requirements of this Federal Law and the documentation on such an auction; b) the only participant in such an auction, if only one participant in such an auction and the application submitted by him are recognized as meeting the requirements of this Federal Law and the documentation on such an auction.

ConsultantPlus: note.

The auction did not take place, no bids were submitted

Then the notice of the repeated auction or request for proposals can be published on the website no earlier than November 12, 2016. As for the re-placing of the order, it can be again an electronic auction or, on the basis of paragraph 8 of part 2 of Article 83 - a request for proposals.
Part 3 of this article defines the rules for conducting the procurement in this way, including the timing. In any case, the contractor who wanted to take part in the electronic auction, which was subsequently declared invalid due to the lack of bids, but for some reason did not have time, had enough time to solve all the problems and become a participant in the re-placed procurement.

The auction did not take place bids were submitted what to do according to fz 44

Of the Federal Law in connection with the fact that the auction commission made a decision on non-compliance with the requirements established by the documentation on the electronic auction, of all second parts of applications for participation in it, or on the grounds provided for by part 15 of Article 70 of this Federal Law, the customer makes changes to the plan- schedule (if necessary, also in the procurement plan) and carries out procurement by conducting a request for proposals in accordance with paragraph 8 of part 2 of Article 83 of this Federal Law (in this case, the procurement object cannot be changed) or in another way in accordance with this Federal Law. (as amended by Federal Laws dated 28.12.2013 N 396-FZ, dated 04.06.2014 N 140-FZ) (see.

Failed auction

The only application is the procedure. The laws on electronic trading FZ-44 and FZ-223 are constantly being supplemented and coordinated with other regulations. In 2014, additional amendments were made to No. 498-FZ and to Art.
25 №44-

Federal Law, within the framework of which the issue of the conditions of the failed bargaining is considered in more detail. The grounds are determined by Art. 71, parts 1-3.1 No. 44-FZ.

Important

Provided that the only application for participation in the auction was pending at the site, it is she who is considered the winner. The key feature of declaring the auction invalid for this reason is the admission to participation in it of only one participant.

Attention

The customer can enter into a contractual agreement with a single participant. Consideration should be given to the conditions under which a contract can be signed.

Protocols on 44-fz: samples of documents

So, the tender is declared invalid if:

1. one application submitted;
2. lack of applications;
3. registered applications were submitted with violations and cannot be accepted by the commission;
4. in cases where there was no offer for a price at the specified time.

Failed auction - the consequences As we wrote above, depending on the reasons for recognizing the failed auction, the customer can conclude a contract with a single supplier or conduct a new tender in the form of a request for proposals or other established by law. Repeated bidding Carrying out re-bidding is also carried out on the basis of FZ-44.

At the moment, the state customer has the right to select a counterparty only by the request for proposals, but soon new amendments are expected that will require additional. approvals.

If no bids have been submitted to the auction, you need to publish a protocol on declaring the purchase invalid. The site's functionality does not imply the automatic publication of the protocol on declaring the purchase invalid.

Log in to your Personal Account using an electronic signature. Find the auction in the Purchases section; 2. Open the form of the protocol on declaring the auction invalid: Click on the notification "Publish the protocol on declaring the auction invalid" in the auction line in the section "Purchases"; Or open the auction card in the "Events" section, then "Protocols" click the "Open the protocol form" button.

3. Select the auction commission in the "Commission" field (if necessary).
ФЗ) 2 Only one application has been submitted - the participant does not comply (part 16 of article 66 44-FZ) = based on the results of consideration of the first parts of the applications, the auction commission decided to refuse admission to participation of all participants in the procurement (part 8 of article 67 44 -FZ) The customer makes changes to the schedule (procurement plan) and carries out the purchase by conducting a request for proposals in accordance with clause 8, h. 2, Art. 83 44-FZ or in another way in accordance with 44-FZ (part 4 of article 71 44-FZ) 3 Only one application has been submitted - the participant complies (part 16 of article 66 44-FZ) Coordination of the Customer's decision with the authorized body for control over procurement (FAS, Rosoboronzakaz) (clause 25, part 1 of article 93 44-FZ) Conclusion of a contract with a single supplier (clause 4 of part 1 of article 71, clause 25 of part 1 of art.

Protocol on failed auction 44 fz if no bids have been submitted

• at the end of the deadline for submitting applications for participation in such an auction, only one application for participation in it has been submitted,
• the auction commission made a decision to recognize only one procurement participant who submitted an application for participation in such an auction as its participant,
• within ten minutes after the start of such an auction, none of its participants submitted a proposal for the price of the contract,
• the auction commission made a decision on compliance with the requirements established by the documentation on the electronic auction, only one second part of the application for participation in it,

then the customer has the right to conclude a contract with a single supplier without the consent of the body authorized to exercise control in the field of procurement.

Reading time: 10 minutes

Budgetary institutions in the course of their work procure goods or services through electronic open auctions. The winners of such auctions are the companies or individuals who offered the lowest price for the execution of the order.

Dear Readers! Each case is individual, so check with our lawyers for information.Calls are free.

The choice of the executor of the order in the case when the auction did not take place depends on the reason for the cancellation of the auction and is governed by the provisions of Art. 71 of Law No. 44.

Basic Provisions

A failed purchase auction is called if the auction for a fall has not been held. The reasons for the lack of bidding may be as follows:

• only one potential expressed a desire to participate in the auction;
• among all the submitted, only one meets the necessary requirements;
• none of the registered ones started bidding in the second stage competition;
• no one declared a desire to participate in the competition;
• none of the participants meet the requirements.

Consequences of declaring the auction invalid

If the procurement commission declared the auction invalid, then the following options are possible:

• conclusion of a contract for the execution of an order with;
• organization of a new purchase with a reduced maximum contract price;
• selection of a performer by.

An agreement with a single applicant is concluded if both parts of the application submitted by him are approved by the competition committee.

It is important to know that a new purchase with a lower maximum price after the auction is declared invalid can only be organized with the same parameters of the required product, package of services or works.

For example, if the subject of the failed purchase was the supply of office equipment for office equipment, then in the conditions of the new purchase for office equipment the same characteristics, country of origin and quantity should be indicated as in the conditions of the previous purchase.

If the auction is declared invalid, the customer also has the right not to conduct a new purchase, but to choose the contractor by requesting proposals in the manner prescribed by paragraph 4 of Ch. 3 of Law No. 44.

Request for proposals involves the identification of the contractor who offered the most optimal characteristics of the required product or service.

• On 15.04.2018
• 0 comments
• 223-FZ, 44-FZ, EIS, Purchase of medicines, medical equipment, Purchases from a single supplier, Request for quotations, Request for proposals, NMCK, SMP, Electronic signature, Electronic auction, ETP

In this article, we have collected all the information about electronic auction, which is contained in 44-FZ. It is no secret that in some places this law is difficult to understand, so we have tried to present its provisions as accessible and simple as possible.

What is an electronic auction and when is it held

An electronic auction is understood as a purchase that:

• conducted in electronic form and carried out on the electronic trading platform ( ETP);
• passes in open bidding format in real time, that is, participants see each other's bids and can improve their price proposals.

Improvement in this case means the filing of an application with a price lower than that of competitors, since the electronic auction under 44-FZ is held to reduce the value of the contract.

Registration in ERUZ UIS

From January 1 2020 years to participate in trades under 44-ФЗ, 223-ФЗ and 615-ПП registration is required in the register of URUZ (Unified Register of Procurement Participants) on the UIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Electronic auction is considered the most transparent procedure of all methods of determining a supplier. Its disadvantage is that only price is the selection criterion at the bidding stage. Therefore, it is not possible to purchase any goods, works or services through an auction, but only those for which you can:

• accurately describe the object of the procurement;
• evaluate the application solely by price.

Such objects of purchase are included in the list approved by the Government of the Russian Federation. Goods, services and works that are included in it must be purchased strictly through an electronic auction. But there is an exception: if the conditions for the purchase of an object from the auction list "fit" into the request for quotations or proposals or the conclusion of a contract with a single supplier, then the appropriate procedure can be carried out. So, if the price of the contract for the purchase of goods from the auction list does not exceed 100 thousand rubles, you can purchase from a single supplier instead of an auction.

In addition, the customer can purchase through an auction and other goods, works or services, if they can be clearly described and valued only by price.

The essence of the electronic procedure

The parties to the electronic auction are:

• customer;
• suppliers;

ETP is a resource on the Internet that provides other parties with the technical capabilities to interact in order to conduct tenders and conclude contracts. Each site is managed operator, that is, the legal entity that owns it. Not any ETP is allowed to trade under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are allowed to carry out procedures within the framework of public procurement. However, soon.

To become a bidder on the ETP, you need to go through accreditation... So far, this procedure is carried out at each site separately, however, after the transition of all purchases to electronic form, instead, it will be enough just to register in the EIS.

Document exchange

The name of the procedure implies electronic document management... This means that all documents signed by the parties are in electronic format and signed electronic signature... To obtain an EDS certificate, customers should contact the Treasury. Suppliers can obtain a signature at any certification authority.

Note! From July 1, 2018, suppliers must use a Qualified Electronic Signature. While it is allowed to use unqualified.

The exchange of electronic documents takes place through the site. The exception is the process of concluding a state contract - it takes place in the EIS. ETPs are obliged to ensure the confidentiality of information about the auction participants until its results are summed up. In addition, the site stores information and documents on all the procedures that took place earlier on it.

The ETP operator is responsible for the publication of documents. This applies not only to the protocols, which are drawn up during the auction, but also to documents that are uploaded to the site by customers, namely, notices and other procurement documents, their changes, clarification of the provisions of the documentation and notice of refusal to hold an auction. All these documents (with the exception of the notice of an electronic auction and auction documentation, which is posted in the EIS), the operator also sends to the mail of the participants.

ETP accreditation

To be accredited at the site, you must submit a set of documents to the operator. For now, this needs to be done on each site. However - the accreditation process will be reduced to registration in the EIS. In the meantime, the old accreditation rules are in effect, so we will pay attention to them.

V set of documents submitted to the trading operator, includes:

1. Statement.
2. A copy of an extract from the relevant register (USRLE, EGRIP), received no earlier than 6 months ago. If an individual submits an application, instead of an extract, you must submit a copy of the passport.
3. Copies of constituent documents for a legal entity.
4. TIN or equivalent (for foreigners).
5. If a foreign person undergoes accreditation, notarized documents on registration of a legal entity or individual entrepreneur are attached, for an individual - a copy of an identity document.
6. A document on the basis of which a representative of a legal entity acts on behalf of his company. This could be:
   • decision on appointment or election as director;
   • a copy of the order on the appointment.
7. If another person acts as a representative, then attached with a document confirming his authority. If this is a natural person, you must submit a notarized power of attorney. If legal - the original power of attorney issued by the company.
8. Decision to approve a major transaction.
9. Email address.

Note! The customer does not have the right to demand the provision of any other documents from the participants who have passed the accreditation on the ETP.

After submitting a set of documents on the ETP, the operator must accept accreditation decision... For this he is assigned 5 working days... As a result, the supplier must be notified of the decision taken. If it is positive, along with it, the participant will have access to the auctions and the account number for transferring the collateral for bids. If negative, the message will indicate the reasons for this.

Refusal can be in several cases:

• no documents have been submitted for accreditation;
• documents submitted but do not meet the requirements;
• the company is registered offshore.

There can be no other grounds for refusing accreditation. If the deficiencies are rectified, the supplier can reapply for accreditation.

If accepted positive decision the participant is given accreditation for a period of 3 years. It is important to remember that it is obligatory to notify the E-Marketplace about the changes. This is necessary if:

• the supplier's details have changed or changes have been made to the documents.
• the electronic signature has changed or its validity period has expired.
• new powers of attorney were issued to work on behalf of the bidder.

The participant sends a notification to the ETP, and the operator makes changes to his data. If necessary, documents are also posted on the site.

Important! The auction operator does not verify the accuracy of the information and documents provided by the participants. All responsibility for this lies with themselves.

Having received accreditation, the participant can see all auctions held on the site. To take part in them, he needs transfer funds to the ETP... At the time of sending and applying for a particular auction, an amount equal to the amount of its collateral will be blocked from these funds.

The opportunity to participate in auctions is blocked 3 months before the end of the accreditation period. The ETP notifies the participant that the accreditation needs to be renewed. You can start the process without waiting for this notification, but not earlier than 6 months before the expiration of the valid accreditation period.

The operator, in turn, leads Register of accredited participants... It contains the following data:

• information from the application for accreditation;
• participant's documents, with the exception of constituent documents and extracts from the Unified State Register of Legal Entities or EGRIP;
• last day of validity of accreditation.

Information is sent to this Register on the same day when the decision is made to accredit the applicant. If changes are made to the information, they are reflected in the registry within 1 hour. Upon expiration of the accreditation period, the participant is excluded from the register within one business day. The same will follow if the operator decides to exclude the supplier from the register. The site must notify the supplier that it has been removed from the register of accredited participants.

Documentation

Auction notice

The notice of the auction is published in the EIS and in any media in the following terms:

• if the contract price is less than 3 million rubles - not less than 7 days before the end of the deadline for accepting applications;
• if the contract price is more than 3 million rubles - not less than 15 days.

The notification includes information required for all purchases:

1. Customer details - name, address, contact details, full name of the person responsible for the purchase.
2. Terms of the contract - a description of the procurement in accordance with Article 33, information on the amount of purchased goods or the amount of work, services, as well as the place of their implementation.
3. The term of the contract.
4. NMC and the source of funding.
5. Identification code.
6. Restriction or preferences for certain groups of participants. For example, carrying out information that the purchase is being carried out for small businesses.
7. The method of determining the supplier.
8. Information about the submission of applications.
9. Information on the size and procedure for providing the application security.
10. Information on the security of the contract - the size, order of presentation, information on banking or treasury support.

In addition, the notification includes information about a specific procedure: ETP address, deadline for accepting applications and holding the auction, the amount of security for the application, requirements for the participant - general and additional, conditions and prohibitions for the implementation of the national regime (if any).

Auction Documentation

The auction documents generally repeat all the information contained in the notice. In addition, the auction documentation contains such information:

1. A full description of the procurement object, the terms of the state contract, as well as the justification for the price.
2. Requirements for the content of the application, including instructions for filling out.
3. Settlement procedure, including the application of the foreign exchange rate.
4. Information about the contract service of the customer, the contract manager or the person who is responsible for this auction.
5. Information about changes in the terms of the contract.
6. Deadline for signing the contract.
7. Conditions under which the winner will be declared to have evaded.
8. Period in which participants can send a request for clarification of the provisions of the documentation.
9. Information about unilateral termination of the contract.
10. Draft contract.

Request for clarification

If the supplier has questions about certain provisions of the documentation, he can ask for clarification. This feature works for any accredited member. Each of them can submit 3 requests within one procedure. For this, the following terms have been established:

1. The request is sent no later than 3 days before the deadline for accepting applications.
2. ETP transfers it to the customer within 1 hour.
3. The customer posts his explanations within 2 days. In this case, information about the participant who submitted the request is not published.

Documentation changes

As a result of the clarification, the purchase documentation may be changed. In addition, the customer can do this at his own discretion. The rules are as follows:

1. You can change the documentation no later than 2 days until the end of accepting applications.
2. The change is published within 1 day after making such a decision.
3. The deadline for accepting applications is extended in such a way that there are 7 or 15 days depending on the price of the contract.
4. The clarification should clarify or make additions to the documentation, but not change its essence.
5. It is forbidden to change the procurement object, increase the contract security.

Filing an application

An electronic auction application consists of two parts. We wrote in detail in a separate article.

The second part of the application consists of information about the supplier and the object of purchase. The supplier provides:

1. Information about yourself - name, location, contacts, and so on.
2. Documents confirming that it meets the uniform requirements for procurement participants.
3. Documents (copies) confirming the compliance of the procurement object with legal requirements.
   

   Note! If such documents are handed over with the goods, the supplier should not submit them as part of the application.

4. A decision to approve a major transaction, if applicable to this purchase for that supplier.
5. Documents that confirm the supplier's right to receive preferences (for example, for organizations of people with disabilities).
6. Documents confirming that the product complies with the conditions of the national regime, if such requirements are established for it.
7. If the purchase is for the SMP and SONO - a declaration of belonging to such entities.

Pay attention! The customer cannot require the supplier to provide other documents or information.

You can apply at any time, including the last day of admission. Both parts of the application are sent simultaneously. An application is submitted for the ETP, then the operator confirms within an hour that it has been received and assigns it a number. It is prohibited to submit more than one application for participation in the auction.

At the first stage, the application is verified by the site itself. The operator cannot reject the application on other grounds, except:

• violation by the participant of the rules for signing EDS documents;
• submission by the participant of the second application, if the first is not withdrawn;
• violation by a participant of the deadline for filing an application;
• lack of funds to secure the application;
• expiration of the supplier's accreditation period on the ETP (applications cease to be accepted 3 months in advance).

When sending the participant a refusal to accept the application, the operator must explain the reason. The participant himself can withdraw the application before the end of the admission period - there are no restrictions for this.

When the deadline for accepting applications is over, the ETP sends their first parts to the customer. He must do this no later than the next working day.

It happens that not a single application has been submitted. In this case, the auction is recognized failed.

Consideration of the first parts of applications

No more 7 days from the deadline for accepting applications, the commission of the customer considers their first parts. There are only two reasons for refusal:

1. The participant incorrectly completed his consent to the supply of goods, the provision of a service or the performance of work, or indicated the incorrect parameters of the procurement object.
2. The participant indicated false or incomplete information in the application.
3. Having considered all applications, the commission draws up a protocol in which they list all the participants with their assigned serial numbers and indicate in relation to each of them information on admission or non-admission to participation in the auction. If the participant is refused, this decision must be justified. Indicate the documentary or legal provision that the participant violated.
4. The protocol is sent to the ETP and posted in the EIS before the end of the period for consideration of applications. The operator of the auction within an hour after receiving the protocol must send a notification of the customer's decision to all participants.
5. It happens that not a single application is launched as a result of considering their first parts for the auction. In this case, it is considered that the auction did not take place.

Bidding procedure

The date of the auction is indicated in the documentation. It is held in 2 days after considering the first parts of the applications. If this day falls on a day off, then the first working day following them. The time is assigned by the operator and depends on the time zone.

All participants admitted to the procedure, on the appointed day and hour, gather in the "auction room" on the ETP. When the auction starts, they submit their bids. The price step cannot be less than half a percent of the NMCK or the current minimum bid of the participant. You can only improve your own application, that is, submit another one with a lower price. However, if yours is the best bid, you cannot improve it further until another participant does. It is also prohibited to submit a bid with a price equal to zero. More details, price quotes and step prices can be read in a separate article.

If no one “interrupted” within 10 minutes after the last bid, the auction is considered completed.

It happens that two participants drop the same bids. In this case, the winner will be the one whose application is recorded first.

For the next 10 minutes, participants can submit offers with a price not lower than that of the winner... It can be anything between the NMCC and the leader price. In this case, the expectation is that at the stage of consideration of the second parts of applications, some of them may be rejected.

Auction minutes

Based on the results of the auction, the operator forms a protocol, in which he indicates information about the initial price of the contract and all the latest offers of the participants, distributed in ascending order of price. That is the participant who submitted the best application will be assigned the number "1"... For each application, the time at which it was received is recorded. In addition, the protocol indicates the address of the ETP, as well as the start and end times of trading. The protocol is posted on the site within 30 minutes after the end of the auction.

Within the next hour, the operator must send the customer:

• the minutes of the auction;
• the second parts of the applications of all participants, which are ranked in the protocol under numbers 1-10;
• documents from the register of accredited participants.

In addition, notification of the results of the auction is sent to its participants.

It happens that in the first 10 minutes of trading, no one has submitted a single proposal. Then it is considered that the auction did not take place. The operator publishes the protocol, which indicates the address of the ETP, the start and end time of the auction and the initial price of the contract.

If the auction participant does not understand something in its results, he can send a request for clarification. In response, the operator is given 2 working days.

If the price "crossed zero"

During the auction, the contract price can be reduced to zero. By submitting subsequent proposals after this, the participants will compete among themselves for the right to conclude a contract with the customer. The final price will be paid by the winning bidder to the customer for the conclusion of the contract. Such an auction can be held up to 100 million rubles. A participant cannot submit an application for an amount exceeding the value of a major transaction, which is published in the Register on the ETP. In this case, the security for the contract is calculated not from the price proposed by the winner, but from the initial price.

Consideration of the second parts of applications

The commission of the customer considers the second parts of the bids of the participants who took from the first to the fifth places according to the results of the auction. The review process takes no more than 3 working days. The only reason for rejection of the second part of the application is the lack of necessary information in it or the presence of inaccurate information.

When all applications have been considered, the customer draws up a protocol for summing up the results of the auction. It indicates the serial numbers 5 best applications and a note is made about their compliance with the requirements. If the application is recognized as not complying with the requirements, it is necessary to indicate what exactly was violated in it. For each application, the decision of each member of the commission is indicated.

Participants who took the first 3 places cannot withdraw their applications. All other participants can do this by sending a notification to the operator of the ETP.

The winner of the auction is the participant who offered minimum price- provided that the second part of his application meets the requirements. If the auction "went through 0", then the participant with the highest bid wins.

The protocol is published in the EIS no later than the next working day. In addition, within an hour, the ETP operator must notify all participants about the results of the consideration of applications.

If none of the second part of the bid meets the requirements, the auction is recognized failed.

If the participant does not agree with the actions of the customer or the operator of the ETP, he can.

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

With the participant who is recognized as the winner, the customer enters into a state contract. During 5 days after posting the final protocol, the customer publishes the draft contract in the EIS. It must contain the data from the winner's application and the price offered by him. First, the contract is signed by the performer. He has 5 days from the date of placement of the project in the EIS to make a security and put your signature. As a result, he must post a signed contract and a document confirming the payment of security.

The last to sign the contract is the customer. He can do it not earlier than 10 days from the date of publication of the final protocol.

Anti-dumping and additional security measures

If during the bidding the contract price falls by more than a quarter of the initial price, anti-dumping measures take effect. They are as follows:

1. If NMCK is more than 15 million rubles, the size provision is increased by one and a half times.
2. If the NMCK is less than 15 million rubles, you can either make an increased security (paragraph 1), or provide contracts executed without fines.

For some objects of procurement, which belong to the category of essential goods, additional requirements have been established. These are food, drugs, emergency supplies, fuel. To confirm the seriousness of his intentions, the participant must provide the customer with one of the documents:

1. A letter of guarantee from the manufacturer, which indicates the price and quantity of goods shipped to the supplier.
2. A document confirming that the supplier has the goods required for delivery.
3. Other documents confirming that the supplier is able to fulfill its obligations and deliver the procurement object at the price that it offered.

Drawing up a protocol of disagreements

Law 44-FZ does not allow changing the essential terms of the contract. However, the supplier may notice some inaccuracies in the project proposed by the customer for signature: inconsistency of the data with what is indicated in the notice, auction documentation or participant's application... In this case, a protocol of disagreements is drawn up. It indicates what exactly does not correspond to what.

The following 3 days are given to the customer in response. And it may be like this:

• a new version of the contract with corrected inaccuracies indicated by the supplier (without the customer's signature);
• contract in the old edition plus a document justifying why the changes could not be made.

Now already 3 days the supplier has to sign a contract or send a new protocol of disagreements. You can submit an unlimited number of such protocols. However, the following rule must be followed: the last protocol can be sent to the customer no later than 13 calendar days from the date of publication of the final protocol of the auction.

When all disagreements are settled and the contractor has signed the contract, the customer has 3 days to sign.

Avoiding signing a contract

The winner of the auction will be recognized as evading the contract if he breaks the rules:

• does not sign the contract within the specified period and does not send it to the customer;
• will send the protocol of disagreements after 13 days from the date of publication of the final protocol of the auction;
• will not pay collateral or provide collateral that does not meet the requirements.

The customer has the right to go to court to claim damages from the winner of the auction, which were caused by his refusal to conclude a contract. As for the purchase, then the contract can be concluded with the participant number 2... If he gives his consent, then within 10 days the customer sends him a draft contract. If participant No. 2 refuses, then a decision is made to declare the auction invalid.

The auction did not take place

So, the electronic auction was declared invalid. What's next? The action plan depends on whether there are applicants for the conclusion of the contract or not.

There is only one contender

Only one bid can be submitted to the auction. Either several applications have been submitted, but based on the results of consideration of the first parts, it was decided that only one of them meets the requirements. That is, only one participant was admitted to the auction. It is clear that in such a situation it cannot be carried out, however, a contract can be concluded with the participant, as with a single supplier.

The site operator must, no later than one working day after the end of the acceptance of applications, send the participant's documents to the customer. Further, the auction commission will consider his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up, in which the customer will indicate his decision. If it is recognized that the customer meets all the requirements, a contract will be concluded with him.

There are participants, but no price offers

Another possible option, when the auction is declared invalid, is that the participants admitted to it did not submit price offers during the auction. In this case, the customer examines all the second parts of the bids and determines which of the auction participants fully meets the requirements. The contract will be concluded with the one who is recognized as appropriate and sent the application earlier than others.

No applicants

This is possible in a situation where no bids have been submitted to the auction or, following the consideration of the first parts, none of them has been recognized as meeting the requirements. In this case, the customer must change his planning documents and post. If the norms of Law 44-FZ allow, you can carry out the purchase in another way.