Participation in the electronic auction: step-by-step instructions. Submission of price offers who sets the start time of the electronic auction

Material prepared by specialists of the Center for Accounting and Taxation Methodology

Question: When carrying out an open auction in electronic form, a proposal of the participant of the order for the price of the contract was adopted, which was submitted for the main time of the auction and was minimal among those submitted for the specified time period. After the expiration of twelve minutes from the specified point, another participant was filed a proposal lower than the current minimum proposal for the contract price. Is it legitimate to the first-seat electronic platform operator in the auction protocol to the proposal of another participant, as containing the lowest contract price?

Answer:The actions of the electronic platform operator should be considered unlawful.

Justification: In accordance with Part 1 of Article 32 of the Federal Law of 21.07.2005 N 94-FZ "On the placement of orders for the supply of goods, the performance of work, the provision of services for state and municipal needs" (hereinafter - the Law No. 94-FZ) under the auction for the right to conclude The contract is understood by trading, whose winner is recognized as a person who proposed the lowest price of the contract.

The auction can be open or closed (part 2 of Article 32 of Law No. 94-ФЗ).

Based on Part 1 of Article 41.1 of the Law No. 94-ФЗ under the open auction in electronic form for the right to conclude a contract refers to an open auction, which is provided by the operator of the electronic platform on the site in the information and telecommunications network "Internet" in the manner prescribed by Chapter 3.1 of Law No. 94 -FZ.

By virtue of Part 2 of Article 41.10 of Law No. 94-FZ, an open auction in electronic form is carried out on the electronic platform per day specified in the notice of an open auction in electronic form. The start time of the open auction is set by the electronic platform operator.

According to Part 4 of Article 41.10 of the Law No. 94-FZ, an open auction in electronic form is carried out by reducing, except for the case established by part 18 of the title, initial (maximum) price of the contract specified in the notice of the open auction in electronic form, in order, Installed specified article.

When conducting an open auction in electronic form, parties to the open auction are submitted proposals for the price of the contract, providing a reduction in the current minimum proposal to the price of the contract for magnitude within the "Auction Step" (part 7 of Article 41.10 of Law No. 94-ФЗ).

In accordance with Part 8 of Article 41.10 of Law No. 94-ФЗ, when conducting an open auction in electronic form, any participant in the open auction is also entitled to submit a proposal to the price of the contract, regardless of the "auction step", subject to the compliance with the requirements provided for by part 9 of the title article.

When conducting an open auction in electronic form, the time of accepting proposals of participants in the open auction is established about the price of the contract, which is ten minutes from the beginning of the open auction until the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last sentence of the contract price. The time remaining before the expiration of suggestions of the contract price is updated automatically, using software and technical means that ensure an open auction, after a decrease in the initial (maximum) contract price or the current minimum proposal for the price of the contract price at auction. If, during the specified time, not a single proposal for a lower contract price was received, an open auction automatically, with the help of software and technical means that ensure its implementation, (Part 11 of Article 41.10 of Law No. 94-ФЗ).

As follows from part 12 of Article 41.10 of Law No. 94-FZ for ten minutes from the moment of completion of the open auction in electronic form, any Participant of the Open Auction has the right to submit a proposal to the price of the contract, which is not lower than the last offer on the minimum price of the Auction Contract Regarding Auction step, taking into account the requirements provided for in paragraphs 1 and 3 of part 9 of the title article.

Based on Part 14 of Article 41.10 of Law No. 94-ФЗ during the open auction in electronic form, the electronic platform operator must reject the proposal to the price of the contract at the time of its receipt, if it does not comply with the requirements provided for by the named article.

According to Part 19 of Article 41.10 of Law No. 94-FZ, the protocol of the open auction in electronic form is placed by the electronic platform operator on the electronic platform for thirty minutes after the end of the open auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of the open auction, the initial (maximum) contract price, all the minimum proposals for the contract price made by the participants of the open auction and ranked as descended (in the case provided by part 18 of the article mentioned, - As they grow) with the indication of the ordinal numbers assigned to applications for participation in an open auction in electronic form, which were submitted by the participants of the open auction that made the relevant proposals on the price of the contract, and indicating the time of receipt of these proposals.

Thus, as follows from the specified norms, if within ten minutes after the receipt of the last sentence on the price of the contract, not a single proposal on the lower contract price was not received, the open auction is automatically completed; At the same time, within ten minutes, from the end of the open auction in electronic form, any Participant of the Open Auction has the right to submit a proposal to the price of the contract, but it cannot be lower than the last proposal for the minimum price of the Auction Contract; For the situation under consideration, this means that the auction ended after ten minutes from the receipt of the proposal of the participant of the order on the price of the contract, filed in the under-time auction and being minimal among the time-submitted time period, and within ten minutes from the date of completion of the open auction The participant was not entitled to submit a proposal lower than the current minimum proposal for the price of the contract, in such a situation the electronic platform operator followed the proposal as not corresponding to the requirements of Part 12 of Article 41.10 of Law No. 94-FZ; The auction of the electronic platform operator to assign the first place in the protocol of the auction to such a suggestion of another participant violate the provisions of the Placement of the Order and contain signs of the administrative offense stipulated by Part 10 of Article 7.30 customers "COAP of the Russian Federation.

The possibility of recognizing the auction invalid due to such a violation of the procedure for its implementation is confirmed by the Resolution of the FAS of the Volga District of 29.11.2010 No. A65-2944 / 2010.

Meanwhile, Law No. 94-FZ has failed from January 1, 2014 in connection with the adoption of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the sphere of procurement of goods, works, services for providing state and municipal needs" (hereinafter - Law №44-ФЗ).

Law No. 44-FZ provides for an electronic auction (auction in electronic form) as a method for determining the supplier (contractor, performer), in which the bidding is carried out on a special site (electronic platform), and the winner is the one who will offer the smallest contract price (part 4 Articles 24, Part 1 of Article 59 of Law No. 44-FZ). This method does not provide such a concept as an electronic platform operator; To perform the functions by definition of suppliers during an electronic auction, auction commission is created (Part 1 of Article 39 of the Law N 44-FZ), in addition, the Customer has the right to attract a specialized organization to develop documentation, placing the auction notice (part 1 of article 40 of the Law No. 44 -FZ).

When the first part of the applications reviewed and procurement participants are allowed to participate in the auction, the status of the auction changes to "You are allowed, wait for the start of the auction." On the day of the beginning of the electronic auction, his status will change to the "auction", and the "Bidding" sink will appear in the operation column.

According to Part 13 of Article 51 44-FZ, the procurement participants who submitted applications must be more than one. Otherwise, the auction is considered invalid.

In the list of auction list, a string containing information about auction in the status of the auction will be additionally highlighted by scarlet color.

The supply of price offers is carried out since the beginning of the auction indicated in the notice of the auction, and is available to the procurement participant admitted to the auction based on the results of consideration of the first parts of applications submitted to participate in the auction.

Any member of the electronic auction may also offer a proposal for the price of the contract, regardless of the "auction step", subject to the following requirements:

1. it is impossible to submit a proposal to the price of the contract, equal to the proposal or greater than the proposal for the price of the contract, which are submitted by such a participant in the electronic auction, as well as the proposal for the price of the contract, equal to zero;
2. it is impossible to submit a proposal for the price of the contract below than the current minimum proposal for the price of the contract, reduced within the "auction step";
3. it is impossible to submit a suggestion about the price of the contract lower than the current minimum proposal for the price of the contract, if such a proposal for the price of the contract is filed by the same participant of the electronic auction.

It should be borne in mind that the reception time of proposals is ten minutes from the start of the auction until the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last sentence of the contract price. If during the specified time, not a single proposal on the lower contract price was received, the electronic auction will automatically be completed.

Upon completion of the electronic auction, a 10-minute period of requesting proposals begins. During this period, any participant in the electronic auction may submit a proposal to the price of the contract. It should be no lower than the last proposal for the minimum contract price, regardless of the "auction step" and taking into account the above requirements 1 and 3. The winner is considered a procurement participant, previously submitted the smallest (most in the case of a bidding for an increase) .

To submit a proposal for the price of the contract, click on the "Bidding" link within the first 10 minutes after the start of the auction. The form will open to submit proposals for the price of the contract.

This form displays all submitted price proposals from the beginning of the auction with an indication of the supply time. To offer a new contract price, taking into account the auction step, enter the amount of your suggestion to the appropriate field and click on the button. "Submit offer".

A request will appear to confirm your intention to submit a price proposal.

Click on the button "Yes". After that, the proposal entered is checked. In case of successful input, the price offer must be signed. A dialog box opens with a list of EP certificates. Select the required certificate and click on the button. "OK". There will be a message about the adoption of the price offer.

The timing of the auction of 44-ФЗ in 2018 has changed. In particular, the other was the period of consideration of the first parts of applications for procurement with the initial price of the contract to 3 million rubles. Read more about the terms of the auction of 44-FZ and tell them further.

The deadline for submission of applications by 44-FZ to the electronic auction

The timing of an electronic auction of 44-ФЗ concerning submission of applications, in 2018 the following are set:

• at the initial price of the contract less than 3 million rubles. - 7 days;
• with NMCCs more than 3 million rubles. - 15 days.

This is the minimum application deadline. The maximum indicator in the law is not specified. The dates of the electronic auction of 44-ФЗ customer sets independently, guided by the schedule.

Table of timing for all competitive procedures

☆ that dangerous in terms of competitive procedures;
☆ which 4 errors in the timing allowed most often;
☆ What is useful for a deadline map and why it is better calendar:

Map of timing will help to avoid mistakes, because it calculates the timing automatically taking into account holidays and weekends. It will insulate when working in EIS and leave time - one day - to pass the treasury control.

From the article

Both parts of the application participant submits simultaneously through the personal account on the ETP. It is important to have time to do it to the end of the deadline set by the customer. The documentation indicates not only the date, but also time. This means that formally, the participants have the opportunity to send a request a few hours before the end of the suggestion of proposals. But it is not recommended to do so because the customer may have claims, and the participant simply will not have time to make the necessary edits.

After submitting an application, the ETP operator assigns her number and sends a notification by the participant. It can go to the hour. The application may be rejected at the verification stage by the ETP operator. This will happen if:

• the participant has violated the deadlines for submitting applications for an electronic auction of 44-ФЗ;
• (applications cannot be submitted if less than 3 months remained before the end);
• money has not been made to provide an application;
• documents are not signed with a strengthened electronic signature;
• the participant sent several applications.

Who sets the start time of the electronic auction

According to the corrections that have entered into force in 2018, only accredited to ETP and registered in EIS participants can participate in the auction.

The day of the electronic auction is the first working day after two days from the date of consideration of the first parts of the applications. The start time of the electronic auction sets the operator of the trading platform. It is guided by the time zone in which the customer is located.

The procedure itself takes this way: participants reduce the stated initial price per step. One who lasts the latter will offer the lowest cost of execution of the contract.

Could you be the last day for submission of applications weekend? Or is it better to transfer the deadline for the working day?

Electronic auction for 44-ФЗ: deadlines, procurement algorithm

If the deadlines for submission of applications for an electronic auction of 44-ФЗ in 2018 remained the same, then the time interval declared for consideration of their first parts was tied to the NMCC and reduced for small purchases. If the contract price is up to 3 million rubles, the Commission has only one day for their assessment. For the remaining procurement, the deadline remained the same - 7 days.

During consideration of the first parts of the applications, the Commission determines how much goods, work or service meet the stated requirements. Some participants are not allowed to the main procedure. The auction itself is carried out as follows: Participants reduce the initial price of the contract. The latter suggested the lowest cost is recognized by the winner of the procedure.

The next stage is the assessment of the second parts of the applications. The term of their consideration is still a maximum of three days. It is counted from the moment. Operator ETP selects 10 applications, whose authors suggested during the auction the lowest price. Next, the Commission in order of ranking checks applications for compliance with the requirements. The winner is the participant who suggested the best price, and its application, its first and second part, are recognized by the relevant requirements.

Electronic Auction: Duration

Consider other auction dates for 44-ФЗ. The law establishes the period of giving clarification of the auction documentation. Participants can submit applications for additional information for at least three days before the end of the application for proposals. Further, the customer has two days to answer the questions. The answer is located in Eis. Each participant has the right to direct no more than 3 requests.

Speaking about the timing of the auction in electronic form of 44-ФЗ, it is impossible not to affect the procedure for signing the contract for the procurement. The law establishes the following algorithm:

1. within five days after the publication of the Protocol in the EIS, the Customer places in the EIS and the project of the contract without its signature on the ETP website;
2. the winner has 5 days to send a signed document together with confirmation of the execution of the contract;
3. within three days after that, the customer must put his signature.

Nested files

• Dates of the electronic auction of 44-FZ in Table.xlsx

Almost any participant in the electronic auction is worried about the question: "How many competitors do I have? How many applications have already been submitted to the auction? " Such information is not published separately. When the participant submits an application - it receives a number. But if your application is assigned No. 10, it does not necessarily mean that you have 9 rivals! Do not forget that applications can be replied and apply. And the numbering will continue ...

During the auction in the auction hall, you can see how many participants did at least one offer. The customer, besides this, knows how many participants he made to the auction.

After completing the trading, the ETP operator forms the protocol of the auction and publishes it. Now everyone can learn how many participants were at the auction.

Participation in the electronic auction

Bidding began. On the appointed day and time, everyone who is admitted to the auction can enter the "Auction Hall" and try to compete for the contract. The law initially assigns 10 minutes to participants. Be careful! If no one will do any sentence during this time, the auction will be completed. The procedure is recognized as invalid. So make your bets!

Yuri Mayan, expert school of electronic bombers is responsible for the questions of the participants.

Question: How to observe the auction? On Sberbank-Ast can only be included in the application. Or somehow you can?

Commented on Yuri May, the lecturer school of electronic trading, leading and:

"Anyone can observe for auction. In the open part of the ETP, you can follow the supplied price offers. For example, on the "Sberbank-Ast" ETP, you can go through the links to the "Auctions \u003d -\u003e Auction Hall" menu and get a list of auctions where trading are now going. By clicking on the blue icon "I", you can enter a specific auction and see which sentences are sent, how the price falls».

Question: On which site you can see the results of the auctions of half-day prescription?

Answer: On the website www.zakupki.gov.ru you can see the result of all accommodated EA, including for each auction the auction protocol, the protocol of summing up and information about the contracts concluded on the basis of the contracts from the Contract Register.

Question: The auction step is determined by the Rules of Bidder or is it within -%?

Answer:the auction step is determined by law - this is the range of values \u200b\u200bfrom 0.5 to 5% of the NMC. Only on the amount falling into this fork of values, the participant may submit a proposal that improves the current auction price.

Question: The first step cannot be equal to the NMC? The first step in any case will be less than NMC on the auction step?

Answer: The first price offer is always a decline. The first decline will always be in the auction step. This means that the price decreases by 0.5% to 5% of the NMC. Submit an offer equal to the NMC, it is impossible.

Question: You can submit proposals outside the step when someone has already filed by 0.5%?

Answer:yes, outside the auction step you can make price proposals only after someone at least one sentence filed "in step".

Question: Reducing the price goes from the price of the leader or from the NMC in subsequent steps?

Answer:the price in the auction is reduced as follows: the percentage of reduction is calculated from the NMC, and is deducted from the price of the leader.

Question: What is the point of making an offer not in the auction step, if it is not taken into account in any way?

Answer:tactics of participation in the auction can be different. The offer "outside the auction step" can be used for different purposes. For example, for the struggle for the 2nd place at a relatively high price of the offer.

Question: Why bargain for second place?

Answer: If the participant, which turned out to be the first in the auction protocol, will be recognized as inappropriate for the second part of the application or violates the deadline for concluding a contract, the contract will be proposed by the second participant.

Question: If the participant reduces the price of the leader not in the auction step to the minimum figure, does it become a leader, and who will be the winner?

Answer:outside the auction step to improve the leader's proposal. If you are supplied outside the step, then only your current offer is improved, and the price of the auction and the current leader do not change.

Question: In the second part of the auction, you can submit an offer \u003d leader's offer?

Answer:yes, you can. If you do it before other participants - you will be the second in the protocol of the auction.

Increase the qualifications on the course "" for contract managers, specialists of contract services and procurement commissions. The program has been developed on the basis of the requirements of the professional standard "Procurement Specialist".

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• Regulated by the provisions of Article 68 of Law No. 44-FZ.

Conduct an open auction in electronic form.

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.