How long does the tender last? Learning to participate in electronic auctions: stages, deadlines, requirements
In this section, we will try to show in detail and reveal all moments that may occur when participating in tenders. This article will be interesting first of all to those who are just starting to think about participation in tenders. We will try to figure out what steps should be taken at the very beginning. And is it worth trying to participate in tenders at all?
If you are supplier and participate in tenders, then you have sooner or later you have a need remove Protection S.pDF.file. In this article, we will analyze the reasons that cause customers to put protection and, accordingly, ways as remove Protection S.pDF.file to save your time and accelerate the preparation process of the proposal.
After you have decided that your company needs to participate in it is necessary to choose sites on which it is planned to participate in the auction. Types of electronic platforms.Conditionally ETP can be divided into ...
Greetings to you, dear readers.
We continue a series of practical articles in the "Tendering" heading. And today we will deal with you in the competitive kitchen, we will try to learn everything about participation in contests. Consider what is the application for the competition, we will examine in detail what kind of documents for the competition must be applied, in addition, I will share with you my own developments and experience in preparing the application.
The application for consideration of applications is an exhaustive document that allows the Supplier to find out how the participant's application was evaluated. Consider the highlights and features, as well as differences between such documents as the Protocol for the consideration of applications for fate in the competition, in the request of quotations, in the auction. In the article, we will also consider the cases in detail in which the report of the sole application is issued, as well as consider an example of a sample of the protocol.
In addition to the five federal sites, another electronic platform "Russian auction house" was added, on which customers now have the ability to place electronic auctions. In the article you can learn more about this electronic platform.
So, you decided to become a member of commercial tenders or public procurement. What is needed for that?
Consider two options. The first option is to participate in procurement without prior cash investment, or in other words for free. The second option involves some cash costs.
Hello colleagues. In connection with Andrei Peshkov, the founder of the project Tenderoviki.Ru and today, with the help of this article, we will deal with the features of the declaration of conformity when preparing an application for a tender. To begin with, let's understand what is meant under the conformity declaration. Declaration is a confirmation, a statement of compliance with certain requirements. That is, you make up a document in which you write that you meet the requirements and list them. In the documentation, the Customer may establish the form of such a declaration. It is necessary to fill out and pave the application for participation in the tender.
Hello, dear readers. The topic of today's article is associated with such a specialty as a tende specialist. There are various variations of the names of such a position, for example, a tenders manager, a tender manager, auction manager, competition manager, but the essence remains unchanged. The main activity is the preparation of applications for various tender procedures from the Supplier. This specialty became popular and in demand, this specialty has been relatively recently, after the entry into force in 2005, 94-FZ "On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs." This law has created certain conditions under which tenders began to apply everywhere in procurement for state needs. In 2013, 84-FZ "On the Contract Society in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs was adopted for replacing 94-FZ.
Before holding an open auction in electronic form, the Customer places the notice of the upcoming auction on the official website at least 20 days before the end of the deadline for submitting applications. At the same time, if the price of the lot does not exceed 3 million rubles, the customer has the right to place such a notice at least 7 days before the date of completion of applications.
In the notice of electronic auctions are indicated:
- the address of the electronic trading platform, which will take place the name and contact details of the customer;
- the subject of the contract (the number of goods supplied or the scope of work);
- place of delivery of goods or performance;
- lot price (contract);
- deadlines for the end of acceptance of applications for participation;
- date of the open electronic auction.
The notice of an electronic auction is duplicated at the electronic trading platform chosen by the customer. Additionally, the date of expiry of consideration of applications and a closed list of documents must be submitted to the participant to confirm compliance with the requirements of the auction documentation.
Clarification of the provisions of the auction documentation
After the notice is published, the order placement participant has the right to send a request for an explanation of the auction documentation. The operator upon receipt of such a request within an hour redirects it to the Customer, without disclosing the name of the participant who has asked. The customer within 2 days from the date of receipt of the request submits an explanation of the auction documentation on the All-Russian Site of Public Procurement. At the same time, the reaction time to the request is controlled by the FAS automatic mode.
Clarification requests can be accepted by the Customer no later than 5 days before the end of receiving applications for participation if the price of the lot exceeds 3 million rubles, and for 3 days if the contract price is not more than 3 million.
Changes to the auction documentation can be made no later than 5 days before the end of the reception of applications for participation in electronic trading. At the same time, the deadline for submission of applications for electronic auctions should be extended so that from the moment of publication of changes in the all-Russian website of public procurement and until the end of the reception of applications, there were at least 15 days (if the price of the lot is more than 3 million) or at least 7 days (if The contract price does not exceed 3 million).
Consideration of the first part of the application for participation in the auction
If the application is properly executed, within an hour since its receipt, the operator carries out a blocking of funds intended to participate in electronic trading (before this, the participant must make money to the electronic platform account). The blocking size is determined by the amount of the application for the auction of electronic form. Application is assigned a sequence number. It should be noted that the order accommodation participant may apply only one application for participation in a specific electronic auction.
The application is rejected in several cases:
- if the participant's account is not enough to block the provision;
- if after three months or earlier accreditation on the ETP ends;
- if the product is not compliance with the requirements of the auction documentation;
- when presenting unreliable (incomplete) information;
- if the participant is trying to submit two or more applications for participation, while he returned all his applications;
- when submitting an application after the end of the reception period.
Auction in electronic form
Electronic auctions are conducted after 2 days from the date of consideration of the first parts of the applications, on the working day. Bidding is carried out by reducing the total initial (maximum) lot price specified in the notice. During the holding, any suggestions that change the better price can be submitted to the auction, with auction step from 0.5 to 5% of the initial contract price. At the same time, it is impossible to worsen your own price offer and improve your proposal if it is at the moment the best. Time to receive proposals for the price of a lot from the participants of the placement of the order is 10 minutes from the beginning of the auction in electronic form. Time is updated automatically after reducing the initial price of the lot using the software and technical equipment of the electronic platform. If within the next 10 minutes, not a single price reduction proposal was received, the auction is automatically completed. 
Bidding was recognized as held in the event that the number of participants who submitted an application and participating in an electronic auction, more than one.
Consideration of the second parts of applications
Within an hour from the moment of posting the protocol of the electronic auction on the electronic trading platform, the electronic trading platform operator sends the customer the second part of the applications together with the first, ranked descending. The customer considers the first 10 applications until the identification of 5 relevant requirements. If there are no, the operator sends the remaining applications to the customer.
Conclusion of state contract
The state contract is concluded with the winner of the auction in electronic form or with a person, the application of which is recognized as relevant requirements established by the auction documentation. At the same time, those participants who received the first 3 places on the results of electronic trading are not eligible to revoke their applications. Provision remains blocked until the contract is concluded.
The process of concluding a contract is carried out with the participation of the operator of the electronic trading platform and in the presence of a certificate, the EP's key, giving action to legal significance.
In the event of a participant in the placement of the order from the signing of the state contract, the electronic platform will make information about the participant in the register of unscrupulous providers for a period of 2 years without the possibility of appeal, notifies the participant about it and lists the amount of application amount.
Visually timing, during which auction is carried out in electronic form, starting from the moment of placing the notice before the contract is concluded, you can summarize in the following table:
Cancel electronic auction
The customer may refuse to hold an open auction, for which it places on the All-Russian website of government procurement, the corresponding notice. The customer has the right to decide on the cancellation of the auction no later than 10 days before the deadline for submitting applications for participation. If the price of a lot is less than 3 million rubles, electronic auctions can be canceled 5 days before the deadline for submission of applications.
- Regulated by the provisions of Article 68 of Law No. 44-FZ.
Conduct an open auction in electronic form.
The electronic auction is carried out on the ETP per day specified in the notice of its conduct.Determining the date of the auction.
- The day of the auction is the day next after the expiration of 2 days from the date of expiration of the term of consideration of the 1-piece applications for participation in this auction.
- The start time of the electronic auction: is installed by the ETP operator, taking into account the clock zone in which the customer is located.
Reduced electronic auction price.
- The initial (maximum) price is set by the Customer, justified in the auction documentation.
- Auction step - from 0.5% to 5% of the initial price.
- It is impossible to submit a proposal with a price equal to or exceeding the price proposals previously submitted by other participants.
- You can not feed the zero price offer.
- It is impossible to submit a price offer, which is lower than the current minimum price offer filed within the "auction step".
- It is impossible to lower its price proposal.
- At the ETP in the course of trading, the time should be indicated that remains before the expiration of the final date of feeding.
- If within 10 minutes of new proposals for a decrease has not been received, "the main time" auction (the definition of the winner) is completed.
- After determining the winner within 10 minutes, proposals can be submitted to reduce the 2nd, 3rd, etc.
Protocol of the electronic auction.
- It is placed on the ETP after half an hour after the completion of the electronic auction.
- ETP address
- Date and time of the beginning of the auction.
- Date and time end of the auction.
- Starting contract price
- All proposals for the price of the contract (minimum) made by the auction participants.
- Proposals are ranked in descending order indicating applications submitted by participants who have made these price proposals.
- It is indicated by the time of receipt of these proposals.
Auction for raising.
- If the contract price during the trading is reduced to 0.5% of the initial contract price, the game is starting.
- Such auctions are carried out until the price of the contract is reached no more than one hundred million rubles.
- Restriction in accordance with the decision on the approval of a large transaction, no more than the amount specified in this decision.
- Ensuring the execution of the contract is the same as indicated in the auction documentation.
Hello, dear (Aya) colleague! In today's article, we will talk about participation in the most popular procurement procedure - an electronic auction within 44-FZ. At the moment, the share of electronic auctions accounts for more than 65% of all purchases conducted in the Russian Federation (information as of April 30, 2019). The popularity of this procedure is only gaining momentum, but in spite of the popularity of problems in the auction participants does not become less. Therefore, in my article I tried to give the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article is updated 04/30/2019).
1. The concept of an electronic auction
So, let's first consider the definition of an electronic auction, which is given in part 1 of Art. 59 44-FZ.
Auction in electronic form (electronic auction) -
The auction, in which information about the purchase is communicated by the customer an unlimited circle of persons by placing in (EIS) notice to conduct such auction and documentation about him, uniform requirements and additional requirements are presented to the procurement participants, such an auction is provided on the electronic platform by its operator.There is a simpler definition, which, in my opinion, is much easier for perception:
Electronic auction —
Bidding carried out in electronic form on electronic sites, whose winner is recognized as a person who proposed the lowest price of the state (municipal) contract.The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.
2. Places for electronic auctions
As mentioned above in the definition, the conduct of electronic auctions is carried out on electronic sites.
Electronic platform — This is a site on the Internet on which electronic trading is conducted.
3. In what cases is an electronic auction?
According to Part 2 of Art. 59 44-ФЗ Customer is obliged to conduct an electronic auction in case of procurement of goods, works, services included:
- the list set by the Government of the Russian Federation (Order of the Government of the Russian Federation of 21.03.2016 No. 471-P (ed. from 12.02.2018) "On the list of goods, works, services, in the case of the purchase of which the Customer is obliged to conduct an auction in electronic form (electronic auction ) ") Note: This list is a table in which codes are indicated in OKPD2 and the name of goods, works, services purchased with EA. In addition, a number of exceptions are specified from this list;
- either in an additional list at the subject of the subject of the Russian Federation (part 2 of article 59 44-ФЗ).
The inclusion of goods, works, services in the above lists is carried out in the case of simultaneously performing the following conditions:
- it is possible to formulate a detailed and accurate description of the procurement object;
- criteria for determining the winner of such auction have a quantitative and monetary assessment.
Important: The customer is entitled to carry out the electronic auction of purchases of goods, works, services not included in the above lists (part 3 of Article 59 44-FZ).
4. Accreditation of electronic auction participants
As I have already said earlier, in order to take part in EA, a participant must be a qualified electronic signature, registration in EIS and accreditation on the electronic platform. Old accreditation order on electronic platforms in accordance with Art. 61 44-FZ ceased to operate from 01/01/2019. Now new procurement participants must be registered with EIS, after which they will be automatically accredited in 8 "state" sites. It is much more convenient and faster than separate accreditation on each taking area.
Participants who until 01.01.2019 were accredited at the "state" ETP, will be able to participate in procurement in electronic form without registration in EIS until December 31, 2019. Such participants may register with EIS at any time during 2019 of the year.
Operators ETP notlater working day next after the day of registration of the participant in the procurement in EIS, carry out accreditation of such a participant in the electronic platform.
This accreditation is carried out by information interaction ETP with EIS (Part 4 of Article 24.2 44-FZ).
5. Algorithm for electronic auction for 44-ФЗ
In this part of the article, I gradually describe all the actions of the customer and the procurement participant when conducting an open auction in electronic form of 44-ФЗ. Let's first consider with you the actions of the customer.
5.1 Customer's actions when conducting an electronic auction
Step number 1 - Preparation for electronic auction
At this stage, the Customer is engaged in the organization and planning of the upcoming procurement, forms auction (unified) commission, determines its composition and procedure for functioning, develops and approves the Regulations on the Commission, attracts a specialized organization (if necessary).
Step number 2 - Preparation of documents for electronic auction
At this stage, the customer is developing and approving the electronic auction documentation (general provisions, information card, application form, instructions for filling out an application, justification of the NMSCC, technical task, draft contract, etc.).
Step number 3 - Placing information about the electronic auction
At this stage, the customer prepares and places in the EIS (on the official website of www.zakupki.gov.ru) the notice of the electronic auction and documentation.
Step number 4 - Identification of electronic auction participants
At this stage, the Customer considers the first part of applications for participation in the electronic auction and is preparing a protocol for consideration of applications.
Step number 5 - Definition of the winner of the electronic auction
At this stage, the Customer considers who received from the electronic platform operator, the second parts of applications for participation in EA and is preparing a protocol of summing up. During the day, more than 10,000 protocols may appear in all regions of the Russian Federation. They usually aggregate such services as CRMBG.SU.
Step number 6 - Conclusion of a contract with the winner of an electronic auction
At this stage, the Customer complements the draft contract with the terms of the execution proposed by the winner of the EA, and sends it to the winner, checks the presence of a contract or bank guarantee, signs a contract with the winner.
So, with the actions of the customer, we figured out, now let's consider the actions of the procurement participant.
5.2 Member's actions when conducting an electronic auction
Step number 1 - Getting an electronic signature
To participate in electronic auctions, as well as the passage of registration in EIS and accreditation on electronic sites, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then you can order it.
Step number 2 - Registration in EIS and accreditation on electronic sites
Without registering with EIS and accreditation on electronic sites, the participant will not be able to participate in EA, so it is necessarily necessary to go through this procedure. How to do it was written above.
Note: The first two stages are essentially the preparatory stages, without the passage of which it is impossible to participate in electronic auctions.
Stage №2.1 - Opening a special account for making applications
In order to apply for participation in an electronic auction, you will also need a special account to which money is credited to provide applications. Also from this account, the platform operator will be charged with funds for winning auction if you are recognized as the winner. What is special and what is needed for which it is written in detail. With the terms of opening and maintenance of special purpose can be found.
Step number 3 - Search for information about the electronic auction
At this stage, the potential participant is searching for the search posted in EIS (on the official website of www.zakupki.gov.ru) information about the auction has been downloading and downloads the entire set of auction documentation to its computer. The search for information can also be carried out by the participant and directly on the electronic sites themselves. On the subject of effective search for tenders in our online school "ABC tenders" there is a separate training module, where both paid and free information search tools are considered. You can learn more about our school.
Step number 4 - Analysis of the auction documentation
At this stage, the procurement participant studies the documentation on the EA (technical task, instruction, draft contract, etc.) and decides: to participate in auction or not. If the participant takes a positive decision, then it proceeds to the next stage.
Step number 5 - Money making on a special account in the Bank
The next mandatory stage is the deposit on a special account in the bank. This is necessary in order to ensure its participation in the electronic auction.
Note:
- if the NMCC EA is up to 1 million rubles, the requirement to the customer is not established (see Decree of the Government of the Russian Federation No. 439 dated 12.04.2018). Important! There is also a letter of the Ministry of Finance of Russia of 10/30/2018 No. 24-01-07 / 77857 "On providing applications for participation in contests and auctions with NMCC to 1 million rubles; The establishment of the amount of penalties in the procurement documentation ", in which the Ministry of Finance suggests that PP of the Russian Federation No. 439 does not contain restrictions on the establishment of the requirement for providing applications for participation in competitions and auctions when the initial (maximum) contract price is valued to 1 million. rubles. Based on this letter of the Ministry of Finance, many customers establish the requirements for providing applications (from 0.5% to 1%) in procurement to 1 million rubles.;
- if NMCC EA from 1 million rubles. up to 20 million rubles, then the size of the application is from 0.5% to 1% NMCC;
- if NMCC EA is more than 20 million rubles, then the amount of the provision of the application is from 0.5% to 5% NMCC;
- if the purchase is carried out among institutions or enterprises of a criminal executive system or organizations of persons with disabilities and NMSCC is more than 20 million rubles, then the amount of the application is from 0.5% to 2% NMCC.
Step number 6 - Preparation and sending an application
At this stage, the participant must prepare his application consisting of 2 parts, attach all the necessary documents on the electronic platform, sign them by a qualified electronic signature and send an electronic platform to the operator. Within one hour from the date and time of the deadline for submitting applications for participation in EA, the electronic platform operator sends information about the procurement participant and the amount of money required to ensure the application. In turn, the Bank within one hour from the date of receipt of this information from the electronic platform operator carries out a blockage of funds in a special procurement participant in the amount of ensuring the relevant application. If the participant's account does not have a necessary amount for blocking, the application is returned by the participant.
Stage number 7 -
Direct participation in the electronic auction
If, after consideration by the customer of the first parts of the applications, the participant's application is recognized as appropriate customer requirements, such a participant is allowed to participate in the electronic auction. At this stage, the participant within the prescribed day and time comes to the electronic platform and takes part in the EA procedure (submits price proposals). In more detail about how this procedure passes, we will talk below in this article.
Step number 8 - Conclusion of a contract with the customer according to the electronic auction
In the event that the EA participant is recognized as the winner, he is preparing to ensure the execution of the contract (or payment order), checks the draft contract prepared by the Customer, and sends the Customer through the electronic platform operator, signed by a qualified electronic signature contract, as well as a document confirming the provision of execution contract. In more detail, the conclusion of the contract with the customer is described.
So we looked at the algorithm for the electronic auction of 44-ФЗ. Each of the stages considered by us have strictly regulated deadlines for which we will talk below.
6. Dates of the electronic auction of 44-ФЗ
For the convenience of perception of information, all stages of the electronic auction, as well as the timing of these stages are presented below in the form of a table. This table also has references to specific clauses of Law No. 44-FZ, in which these deadlines are established.
7. Calculator of electronic auction for 44-ФЗ
11. Requirements for electronic auction participants
According to the requirements of paragraph 4 of Art. 34-ФЗ Participant EA can be any legal entity regardless of its organizational and legal form, form of ownership, location and places of origin of capital (with the exception of a legal entity registered in the offshore zone) or any individual, including registered as individual entrepreneur.
Requirements for the participants of the electronic auction are established in accordance with part 1, parts 1.1, 2 and 2.1 (with such requirements) of Article 31 44-FZ ( Note: These are the requirements for the presence of the necessary licenses, the admission of SRO, the requirements for the absence of information about the participant in the register of unscrupulous suppliers (RNP), as well as the additional requirements established by the Government of the Russian Federation).
General requirements to all procurement participants are established in Art. 31 44-FZ.
You can learn more about the requirements for procurement participants.
12. Application for participation in the electronic auction
According to Part 2 of Art. 66 44-ФЗ Application for participation in the electronic auction consists of 2 parts: the first and second parts of the application.
Requirements for the content of the first part of the application are established by the norms of parts 3, 4 of Article 66 44-FZ.
So, according to part 3 of article 66 44-ФЗ, the first part of the application for participation in the electronic auction should contain:
1) the consent of the electronic auction for the supply of goods, fulfillment of work or provision of services on the conditions provided for by the documentation on the electronic auction and not subject to change on the results of the electronic auction ( Note: Such agreement is given with the use of software and hardware of the electronic platform. That is, you do not need to attach a separate file with such a consent on the electronic platform);
2) when purchasing a product or purchase of work, services, to perform the provision of which the goods are used:
but) name of the country of origin of goods (in case of establishing the Customer in the notice of the electronic auction, documentation on the electronic auction of conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign countries, in accordance with Article 14,44-ФЗ);
Important: If the customer in the notice and documentation does not establish prohibitions and restrictions on the access of goods in accordance with Article 14 44-FZ, the procurement participant may not indicate in its application the name of the country of origin of goods.
b) specific indicators of goods corresponding to the values \u200b\u200bset in the electronic auction documentation and specifying trademark (if available) . The information provided for in this subparagraph is included in the application for participation in the electronic auction in the absence of an electronic auction in the documentation for a trademark or in case the procurement participant offers a product that is marked by a trademark other than the trademark specified in the documentation on electronic auction.
Important: If a trademark is specified by the customer in the electronic auction documentation, and you are ready to put this product to the customer, then in the first part of the application will simply indicate the delivery of this product. Specify specific indicators of goods do not need. If the trademark is not specified or you plan to deliver goods with a different trademark, then the specification of specific indicators in this case is necessary.
The biggest problem for 90% of the procurement participants is to reject their applications at the Customer's consideration stage of the 1st part of the application. In fact, the first part of the application for the customer is the main tool for lobbying the "its" supplier (contractor).
In order to avoid mistakes in preparing participants in the first part of the application, I prepared a detailed practical guide called "Punching Application. Get tolerance to any auction. " You can learn more about this manual.
Second part of the application To participate in EA should contain the following documents and information:
1) Name (FI), location (place of residence), postal address of the auction member, contact details, INN Member of the auction or an analogue of the Inn auction member (for a foreign person), INN (with) founders, members of collegial executive organ, persons acting on the sole executive body of the auction member;
2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of Part 1, parts 2 and 2.1 of Article 31 (with such requirements) 44-FZ, or copies of these documents, and also ( Note: This declaration is provided with the use of software and hardware of the electronic platform. However, I also recommend applying this declaration as a separate file as part of the second part of the application);
3) copies of documents confirming the compliance of the goods, work or services to the requirements established in accordance with the legislation of the Russian Federation, in case, in accordance with the legislation of the Russian Federation, the requirements for the goods, work or service and the submission of these documents are provided for by documentation on EA ( Note: It is not allowed to require the submission of the specified documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);
4) a decision on approval or a major transaction or a copy of this decision;
5) Documents confirming the right of EA participant to receive advantages in accordance with Articles 28 and 29 44-FZ (if EA participated in obtaining these advantages), or copies of such documents ( Note: Advantages for institutions and enterprises of the penitentiary system, as well as organizations of persons with disabilities);
6) Documents provided for by the NPA adopted in accordance with Article 14 44-ФЗ, in the event of the purchase of goods, works, services to which the action of the specified NPA, or copies of such documents are applied. ( Note: In the absence in the application for participation in the documents provided for in this clause, or copies of such documents, this application is equal to the application, which contains a proposal to supply goods derived from a foreign state or a group of foreign countries, works, services, respectively, carried out by foreign persons);
7) Declaration on belonging to the participant of such auction to small businesses (SMP) or socially oriented non-commercial organizations (Sonko) in case of establishing the customer the restrictions provided for in Part 3 of Art. 30 44-FZ ( Note: This declaration is provided with the use of software and hardware of the electronic platform. Also additionally attach such a declaration as a separate file as part of the second part of the application).
Important:
- Require other documents and information from the EA participant, with the exception of Part 3 and 5 Article. 66 44-FZ documents and information is not allowed;
- The EA participant has the right to apply for participation in the auction at any time since placing the notice of its holding to the date and time of the end of the deadline for participation in the auction of applications ( Note: The date and time of the end of the submission of applications are local time for the organization engaged in procurement, remember this, submitting your application);
- An application for participation in the electronic auction is submitted by a member of the auction to the electronic platform operator in the form of 2 electronic documents at the same time;
- Within one hour from the date of receipt of the application for participation in EA, the electronic platform operator must assign an identification number to it and confirm in the form of an electronic document sent to the auction member who submitted the specified application, obtaining it, with an indication of the identification number assigned to it (or returns the application to the participant for reasons specified in PP 1-5 h. 11 of Art. 66 44-FZ);
- The participant of EA, who submitted an application for participation in the auction, has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction by sending a notice to the electronic platform to the operator.
Cases of return of the application by the participant operator of the electronic platform:
1) The application is filed with violation of the requirements provided for by Part 6 of Art. 24.1 44-FZ ( Note: Application documents are not signed by an electronic signature);
2) one participant of the auction filed two or more applications for participation in it, provided that the applications filed before this participant were not withdrawn ( Note: In this case, this participant returns all applications for participation in auction);
3) the participant's application was obtained after the date or time of the deadline for submitting applications for participation in the auction;
4) Application from the auction participant was obtained in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The participant's registration period on the EIS website expires less than 3-month);
5) availability in the register of unscrupulous suppliers (contractors, performers) information about the procurement participant, including information about the founders, about the members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer .
13. The procedure for electronic auction for 44-ФЗ
In this part of the article, we will consider the procedure for participation in the electronic auction directly on the electronic platform itself.
So, in EA, registered in EIS, accredited at the site and admitted to participation in such auction participants (after considering the first parts of applications). I think it is understandable.
The same auction is carried out on the electronic platform into the day indicated in the notice of his holding ( Note: The day of EA is a working day, next after the expiration of 2 days from the date of the deadline for considering the first parts of applications for participation in such auction).
Important: The start time of the auction is set by the electronic platform operator in accordance with the time zone, in which the customer is located.
The auction is carried out by reducing the participants of the Auction of the NMCC, indicated in the notice. The value of the decrease in the NMCC (hereinafter - the "auction step") is from 0.5% to 5% NMSC, but not less than 100 rubles . When conducting the EA, its participants are submitted proposals for the price of the contract, providing for a decrease in the current minimum proposal to the price of the contract for the amount within the "auction step".
Requirements for the price proposals of the auction participants:
1) Auction member is not entitled to submit a proposal for the price of the contract:
- equal to the previous proposal to them;
- more than previously submitted proposal;
- equal to zero;
2) the auction member is not entitled to submit a proposal to the price of the contract, which is lower than the current minimum proposal for the price of the contract, reduced within the "Auction Step";
3) a member of the auction is not entitled to submit a proposal for the price of the contract, which is lower than the current minimum proposal for the price of the contract in the event that it is submitted by such a member of the electronic auction ( Note: This means that it is impossible to reduce its price if it is currently the best).
In the event that the participant of EA proposed the price of a contract equal to the price proposed by another participant of such auction, the suggestion of the price of the contract received earlier.
Note: If during Ea you accidentally give a proposal that is not appropriate for the established requirements, then do not be scared, because It simply will not be accepted by the operator. Accordingly, you can adjust your offer and submit it again.
All price proposals submitted by EA participants, as well as the time of receipt of these proposals is fixed on the electronic platform during the auction.
When conducting an electronic auction, the time of receiving proposals of participants of such auction about the price of the contract, which is 10 minutes after the receipt of the last sentence of the price of the contract . If, during the specified time, not a single proposal on the lower price of the contract was received, such auction automatically, using software and technical means that ensure its conduct is completed.
For 10 minutes From the moment of completion of EA, any participant has the right to submit a proposal to the price of a contract, which is not lower than the last proposal for the minimum contract price, regardless of the "auction step", taking into account the requirements 1 and 3, which are indicated above in the section "Requirements for the price proposals of the auction participants ".
For 30 minutes After completion of the EA, the operator places an electronic auction protocol on the electronic platform.
The protocol of EA indicates:
- address of the electronic platform;
- date, start time and end of such auction;
- NMCC;
- all the minimum proposals for the price of the contract made by the participants of such auction and ranked as descending, indicating the identification numbers assigned to applications for participation in such auction, which were filed by its participants who made the appropriate proposals for the price of the contract, and indicating the time of receipt of these proposals.
For 1 hour After placing an electronic platform on the electronic platform on the electronic platform, the state operator sends the specified protocol and the second parts of the applications of participants, and also sends the relevant notifications to the participants whose second part of the applications were transferred to the Customer for consideration.
The electronic platform operator is obliged to ensure the continuity of the implementation of the EA, the reliability of the functioning of the program and technical means used to conduct it, equal access to its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end of such auction.
For better assimilation of information, I suggest you to see a small video by participation in EA on the Sberbank-Ast electronic platform:
14. How many e-auction lasts?
Many procurement participants are interested in how much the electronic auction procedure can last. This question is difficult to give an unequivocal answer, since it all depends on the specific auction, from the NMCC, on the number of participants admitted to participation in the auction, and from those auction steps that they are used during participation.
The minimum period of EA is 10 minutes. This is when the participants are not submitted by any price proposal.
According to Part 11 of Art. 68 44-ФЗ When conducting an electronic auction, the time of receiving proposals of participants of such auction is established about the price of the contract, which is 10 minutes from the beginning of such auction before the expiration of the suggestion of the contract price, as well as 10 minutes after the receipt of the last sentence about the price of the contract.
The maximum deadline for EA can be up to several days. This can occur when the participants achieved the contract price of 0.5% NMCC or lower. And then the auction is carried out on the right to conclude a contract by increasing the contract price (Part 2 of Article 68 44-FZ). However, in practice, such auctions are rare. On the average, the electronic auction lasts 1-1.5 hours.
15. How to find out the e-auction participants?
I am often asked whether it is possible to find out information about the e-auction participants before trading. I will answer that you can only bribing the electronic platform operator, but it is illegal. Then the next question arises. Are there legitimate ways to find out information about the electronic auction members? Yes there is. They are not fairly accurate, but with a lot of probability, it allows you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate deployed article, you can familiarize yourself with.
16. Recognition of the electronic auction of 44-ФЗ inconsistent
Below are cases in which an auction in electronic form by 44-ФЗ is recognized as invalid.
- In case, at the end of the deadline for submission of applications for participation in Ea, only one application was submitted or a single application was submitted, such auction is recognized as invalid (part 16 of Art. 66).
- In the event that, according to the results of consideration of the first parts of applications for participation in EA, auction commission decided to refuse to admit to participate in such auction of all procurement participants who submitted applications for participation in it, or recognizing only one procurement participant who submitted an application for participation In such auction, his participant, such auction is recognized as invalid (Part 8 of Art. 67).
- In the event that within 10 minutes after the start of Ea, none of its participants submitted a proposal to the price of the contract, such auction is recognized as invalid (part 20 of Art. 68).
- In the event that the Auction Commission decided on the discrepancy between the requirements established by the documentation on EA, all the second parts of the applications for participation in it or on the compliance of the specified requirements of only one second part of the application for participation in it, such auction is recognized as invalid (part 13 of Art. 69).
- If the second participant (when evasion of the Winner of the EA from the conclusion of the contract with the customer) did not provide the Customer within the established period of the signed contract of the contract and ensure the execution of the contract, the electronic auction is recognized as invalid (Part 15 of Art. 83.2).
17. Conclusion of a contract based on the results of an electronic auction
According to Part 9 of Art. 83.2 44-FZ Contract may be concluded no earlier than 10 days From the date of placement in the EIS protocol for summing up the electronic auction.
For 5 days From the date of placement in the EIS protocol, the Customer places in the EIS and on the electronic platform without its signature a draft contract.
For 5 days From the date of placement by the Customer in the EIS Project of the Contract Project, the winner places a draft contract in the Eis-signed electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.
If there are disagreements on the draft contract posted by the Customer in the EIS, the winner posts in the EIS protocol of disagreements signed by an enhanced electronic signature. In the Protocol of Disagreements, the winner indicates the comments to the provisions of the Contract Project, which is not complying with the notice of this auction, documentation about him and its application for participation in such auction, indicating the relevant provisions of these documents.
Within 3 business days From the date of placement by the winner in the EIS protocol of disagreements, the Customer considers the disagreement protocol and without its signature places in the EIS and on the electronic platform, the refined draft contract, or re-places the draft contract with an indication of the reasons for refusing to take into account fully or partially contained in the disagreement protocol The winner of such auction. ( Note:At the same time, accommodation in the EIS and on the electronic platform by the Customer of the Contract Project, indicating in a separate document, the reasons for refusing to take into account fully or partially contained in the Protocol of the Disagreement of the Winner is allowed, provided that such a winner posted a disagreement protocol on the electronic platform for 5 days From the date of placement by the customer in the EIS project of the contract).
Within 3 business days from the date of placement by the Customer in EIS and on the electronic platform of documents (the finalized draft contract, or the initial draft contract + document of the reasons for refusal), the winner of the electronic auction places the draft contract in Eis-inflated electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.
Within 3 business days From the date of placement in the EIS project of the contract and ensuring the execution of a contract signed by an increased electronic signature of the winner, the Customer is obliged to accommodate the contract in Eis and on the electronic platform.
From the moment of placement in the Eis, the contract signed by the customer is considered to be concluded.
For the convenience of the perception of information and a better understanding of the contract signing procedure below, I placed a visual scheme.
Cases of recognition of the winner of an electronic auction applied from the conclusion of the contract:
- if the winner is installed by Art. 83.2 44-ФЗ Tavern did not send the Customer signed draft contract;
- if the winner did not send the Customer of the Difference Protocol within 5 days from the date of placement by the Customer in the EIS project of the Contract;
- if the winner did not fulfill the anti-dumping requirements provided for by Art. 37 44-FZ (in case of a decline in the contract price by 25% or more of the NMCC).
Anti-dumping requirements
In case, when conducting an electronic auction, the contract price is reduced by 25% or more of the NMCC, the winner of such auction provides:
- ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMCC\u003e 15 million rubles); Ensuring the execution of the contract in accordance with Part 1 of Art. 374 FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision to ensure the execution of the contract in the amount of ensuring the execution of the contract specified in the procurement documentation (if NMCC< 15 млн. руб.);
- justification of the contract price in accordance with Part 9 of Art. 37 44-ФЗ When concluding a contract for the supply of goods necessary for normal life support (food, facilities for emergency, including emergency specialized, medical care provided in emergency or urgent form, drugs, fuel).
To learn more about anti-dumping measures in 44-FZ you can.
At the end of the article I suggest you to see another very useful video, in which it is described why not apply for an application for participation in EA at the very last moment.
At this, my article on the participation in electronic auctions by 44-ФЗ approached an end. Put husky, share information with friends and colleagues. If after studying the material you have any questions, then ask them below in the comments.
See you in new articles!
Notification must contain:
- Address of the electronic site
- The date of the end of the consideration of applications
- Date to conduct auction (only working day)
- Application Size
- Benefits for suppliers, such as small business
- Requirements for the Product Supplier, Work, Services
- Exhaustive list of documents
- Restrictions for foreign goods and legal entities
Documentation must contain:
- Name and description of purchases
- Description of the Terms of Contract, the term of signing
- Requirements for the application of the participant
- Dates of the deadline for submission, consideration of applications and a trading session
- Contract size and conditions
- Information about the responsible person of the customer, contact details
- Clarification order by the customer of the provisions of the documentation
- Project Contract
Documentation cannot contain requirements for the design and form of an application.
Request for clarification on electronic auction for 44-ФЗ
If you have found errors, contradictions or inaccuracies in the documentation, then no later than 3 days before the end of submission of applications, you can submit a request to clarify the provisions of the auction documentation in the form of a file signed by the EDS on the trading platform.
Otherwise, the Customer is obliged to make changes to the documentation, publish new editions with reset the deadlines for submission of applications. This is a common phenomenon, so do not be afraid to ask questions, especially, it happens anonymously.
If the answer to the request for the dacha clarification was not complete or formal, give a request again. You can send three requests for one auction on FZ-44. Clarifications should not change the essence of the documentation and contradict it.
Application for electronic auction for 44-ФЗ
To participate in the 44-FZ auction, you need to apply and attach documents in the Personal Cabinet of the electronic platform.
The electronic auction of 44-ФЗ is arranged in such a way that the participant first contributes to ensuring the application, then the contract (in case of victory).
If you do not spend a thorough analysis and procurement, you can lose money and get into the register of unfair suppliers. Therefore, read the documentation well.
Ensuring the application of the electronic auction of 44-ФЗ
The customer is obliged to establish an application for 44-FZ. In the auction in electronic form it can only be money.
How is the electronic auction of 44-ФЗ
On the first working day after the expiration of 2 days from the date of consideration of 1 parts of the applications, the trading platform holds an electronic auction of 44-FZ (trading session). The procedure is provided in 68 of the FZ-44 article.
The electronic auction begins on the working day local time (hour belt) of the customer. By the time of the supplier it may be early in the morning or late at night and capture the day off.
On average, the electronic auction of 44-ФЗ lasts from 1-2 hours. Sometimes bidding stretches for 10 hours and more.
The auction on the FZ-44 passes by reducing the initial price. The permissible price reduction range is called a step of auction. The minimum step is 0.5%, and the maximum is 5%.
The time of filing the next price supply is 10 minutes, so if there is experience and iron nerves, you will quite have time to distract the cup of coffee, and your competitors will be nervous.
Sometimes it happens that participants in the electronic auction 44-FZ at any cost want to get a contract. If the price drops to 0.5% of the maximum, then trading begins to increase the price for the right to make contact with the customer. That is, the winner also pays the customer himself (and it is legally and not considered a bribery).
The limit of such generosity is limited to 100 million rubles.
Such a calculation is used by trading participants to design, the development of technical tasks, when the winner plans to win the second stage and earn much more than invested.
After the expiration of 10 minutes from the last sentence, the trading session ... continues! Other participants can improve their proposals and bring closer or compare them with the winner's price.
Uponcing in the electronic auction of 44-ФЗ lasts for another 10 minutes after the receipt of the last sentence.
The protocol of trading the electronic trading platform publishes within half an hour from the moment of its completion. Next, within an hour, the electronic platform operator sends the customer for consideration by the second part of the applications.
Before the expiration of the 7-day term, the customer must considerse them and publish the protocol of summing up.
Conclusion of a contract on the results of an electronic auction for 44-ФЗ
The contract can be concluded not earlier than 10 days from the date of publication of the protocol of summing up.
Within 5 days from the date of publication of the Protocol, the Customer sends a draft contract for signing through the electronic platform to sign. The winner has 5 days to sign it and make provision.
If the project arises disagreement, the Customer is sent a disagreement protocol. The customer has 3 business days for consideration of the disagreement protocol and the direction of a corrected or source project of the contract with a description of the reasons for refusal (without its signature).
Member within 3 business days signs the state contract. The Customer then places the signed and prisoner signed by it within 3 business days. Thus, disagreements may take 9 working days.
Ensuring an electronic auction contract for 44-ФЗ
Ensuring the contract is made by money or the provision of bank guarantee. The bank must be from the Registry of the Ministry of Finance, and the warranty itself is published on the official website in the bank guarantee registry. The validity of the bank guarantee should be 1 month more than the contract.
Recognition of the e-mail member 44-ФЗ declared from the signing of the contract
The winner of the auction is recognized by the declared and loses the contract, the provision, bank guarantee, if:
- Did not send a signed contract on time
- Sent a protocol of disagreements after 13 days from the date of the final protocol
The customer has the right to recover damages not covered by the amount of security.
A variety of companies that almost reached the finish line come from a distance for several reasons:
- Sat and understand what they got excited with the price of victory and the state contract did not pull
- Could not purchase goods at an opening price or procurement due to supplier failure
- Can't find money to ensure the contract and get a bank guarantee
- Gray bank guarantees rejects the customer after checking on the registry
In 2016, more than 4,800 purchases of the 44-FZ purchases were in the register of unscrupulous suppliers, other companies took their place on the podium.
Electronic auction for 44-FZ timing calculator
An auction time calculator for 44-FZ in the form of a table allows you to calculate the timing of each stage.
Stage auction Time Stage counting time End of submission of applications Placing notifications Providing applications At the same time Submission of applications on the site Decision on amending the auction notice 2 days before End of submission of applications Placing changes to the notice 1 day after Deciding on changing the notice Extending the deadline for making changes 15 days (7 days - up to 3 million) after Making changes to the notice Request for clarification of documentation 3 days before End of submission of applications Placing clarification 2 days after Admission of requests for clarification 7 days after End of submission of applications Auction 2 days after Consideration of the first parts of applications Protocol for auction 30 minutes after Ending auction Consideration of the second parts of applications 3 business days after Protocol for auction The protocol of summing up 1 working day after Signing the report of the consideration of the second parts Placing a contract of contract 5 days after The protocol of summing up Signing the contract of the contract winner 5 days after Placement of contract Placing the Disagreement Protocol Winner 13 days after The protocol of summing up Consideration of the Disagreement Protocol by the Customer, a finalized draft contract 3 business days after Placing a protocol of disagreements 3 business days after Placement of the finalized contract of the contract Placing a signed contract by the customer 3 business days after Signing a refined draft contract winner Providing contract At the same time Signing a contract of contract Conclusion of a contract 10 days after The protocol of summing up Help in the electronic auction of 44-ФЗ
In this article we touched on only some procedural and practical moments of trading in electronic form. We are ready to provide any