The article will be useful to suppliers who plan to participate in electronic auctions. You need to know the basic rules and time for submitting an application to participate in the auction. We will also tell you how to correctly compose the first and second parts of it.
Innovations in legislation
Before talking about the deadline for submitting applications for participation in the auction and other rules established by law, let us remind you of the changes. From January 1 to December 31, 2019, suppliers need to register in the Unified Information System. All registered persons will automatically be included in the register of participants in public procurement. After this, they are accredited to the sites.
Starting from 2018, ETPs will charge a fee for participation in procurement. True, only with the winner of the procedures. The fee was tied to the contract price. The participant must give 1% of it, but not more than 5 thousand rubles. For SMEs and socially oriented NPOs, the amount will be the same 1% of the contract price. However, the maximum limit was limited to 2 thousand rubles.
The auction application consists of two parts. In the first, the participant does not indicate his data, but simply provides information about the product, work, service he is offering and agrees to supply or perform the necessary actions.
In the first part of the application, you must indicate all the features and specific indicators of the proposed product. These are trademark and service mark, name, patents, designs, models, name of country of origin. You can add a drawing, sketch, photograph, drawing or other image of the product.
The second part contains detailed information about the participant: company name, address (for legal entities), full name, passport details and place of residence (for individuals), telephone number, Taxpayer Identification Number and Taxpayer Identification Number of the founders of the company and its head. The necessary documents are attached to it. These include the following papers:
We are participating in an auction for the supply and installation of heating radiators. We discovered that the goods were described differently in the purchase notice than in the terms of reference. And the time frame within which the work must be completed is also different. Should we complain to the FAS?
The customer must place a notice of the auction in the Unified Information System no less than 7 days before the end of the deadline for submitting applications for NMCC up to 3 million rubles. and in 15 days at a higher price. Accordingly, these will be the deadlines for filing an application under 44-FZ.
For example, consider the minimum deadline for submitting applications for an auction with a starting price of 15,000,000 rubles. This amount exceeds the established limit, so the customer is obliged to set a filing period of 15 days. The maximum period for submitting applications for participation in the auction under 44-FZ is not specified in the law.
Both parts are submitted simultaneously within the established deadline for filing applications for participation in the electronic auction under 44-FZ. Please note that in the documentation the customer writes not only the date, but also the time. This means that participants have the opportunity to submit a proposal a few hours before the deadline for submitting applications under 44-FZ. However, this is not recommended because you may not have time to make changes if the proposal is rejected due to errors or missing information.
First, the application is sent to the ETP operator. He has an hour to assign a number to it and notify the author. The operator is given another hour to check the information. Documents may be returned to the participant if:
The application may be rejected later, after consideration by the auction commission. The reasons for such a decision by the customer’s representatives are specified in Law 44-FZ. Here are the grounds for withdrawing the first part of the application:
Case from practice. The customer decided to purchase medical equipment and components for it. The commission reviewed the first parts of the applications and rejected one of them for inconsistency on a formal basis. The participant indicated that the kit will contain slightly more spare parts for the equipment than the customer specified. The Antimonopoly Service defended the potential supplier, but the courts of different instances disagreed.
The customer can reject the second part of applications if:
Case Study. The participant did not indicate the director’s TIN in the second part of the auction application. The customer rejected the application. Is there any point in appealing his actions?
First of all, this is the deadline established in the documentation for submitting applications for the auction. After its completion, the customer will not accept even an offer that suits him perfectly.
It is important to include all necessary information and documents in your application. Sometimes banal inattention plays against the participants: they forgot to register the TIN, made a mistake in the name of the subject of the contract, etc. If anything is unclear in the documentation, ask the customer for clarification. In this case, the risk of submitting an inappropriate proposal is much lower.
Within the established deadlines for submitting applications for participation in an electronic auction under 44-FZ, only one proposal can be sent. If there are two or more applications, they will all be rejected. All documents and information that the supplier sends to participate in the auction in electronic form must be certified by an enhanced electronic signature. .
You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”
The customer does not agree with the presence of violations when changing the notice and (or) procurement documentation
The participant wants to challenge changes to the notice and (or) procurement documentation
1. In the case of an electronic auction, the customer places documentation about such an auction in the unified information system within the time limits specified in parts 2 and 3 of Article 63 of this Federal Law, simultaneously with the placement of a notice of such an auction.
2. Documentation about the electronic auction must be available for review without charging a fee.
3. Any participant in an electronic auction registered in a unified information system and accredited on an electronic site has the right to send, using the software and hardware of the electronic site, to the address of the electronic site where such an auction is planned to be held, a request for clarification of the provisions of the documentation about such an auction. In this case, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the specified request, it is sent by the operator of the electronic platform to the customer.
(see text in the previous edition)
4. Within two days from the date of receipt from the operator of the electronic site of the request specified in Part 3 of this article, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from which the specified request was received, provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in such an auction.
5. Explanations of the provisions of the electronic auction documentation should not change its essence.
6. The customer, on his own initiative or in accordance with a request for clarification of the provisions of the documentation on an electronic auction, has the right to decide to make changes to the documentation on such an auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object and increasing the amount of security for these applications is not allowed. Within one day from the date of adoption of this decision, changes made to the documentation of such an auction are posted by the customer in a unified information system. In this case, the period for filing applications for participation in such an auction must be extended so that from the date of posting the changes to the expiration date of the period for filing applications for participation in such an auction, this period is at least fifteen days or in cases provided for
Hello, dear colleague! In today's article we will talk about participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. Currently, electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum every year, but despite this popularity, problems among auction participants are not decreasing. Therefore, in my article I tried to provide the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article was updated on July 20, 2019).
So, let's first look at the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.
Auction in electronic form (electronic auction) - an auction in which information about the purchase is communicated by the Customer to an unlimited number of persons by posting in the (Unified Information System) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on procurement participants, the holding of such an auction is ensured on an electronic platform by its operator.
There is a simpler definition, which, in my opinion, is much easier to understand:
Electronic auction — bidding conducted electronically on electronic platforms, the winner of which is the person who offered the lowest price for a state (municipal) contract.
The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.
As stated above in the definition, electronic auctions are carried out on electronic platforms.
Electronic platform — This is an Internet site where electronic trading is conducted.
According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, and services are purchased, including:
The inclusion of goods, works, and services in the above lists is carried out if the following conditions are simultaneously met:
Important: The customer has the right to purchase goods, works, and services not included in the above lists through an electronic auction (Part 3 of Article 59 of 44-FZ).
As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the Unified Information System and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be in force on January 1, 2019. Now new procurement participants must register in the Unified Information System, after which they will be automatically accredited at 8 “state” sites. This is much more convenient and faster than separate accreditation at each site. But accreditation at the specialized site “AST GOZ” is carried out separately.
Participants who were accredited to “state” electronic trading platforms before 01/01/2019 will be able to participate in procurement in electronic form without registering in the UIS until 12/31/2019. Such participants can register in the UIS at any time during 2019 of the year.
ETP operators Notlater than working day , following the day of registration of the procurement participant in the Unified Information System, accreditation of such participant on the electronic platform.
This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 44-FZ).
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, and Services to Meet State and Municipal Needs” came into force. According to these changes, operators of electronic platforms must maintain new registers of procurement participants accredited on the electronic platform in a new procedure that came into force on January 1, 2019, that is, after registration of the procurement participant in the Unified Information System. Moreover, in order to participate in procurement with additional requirements in accordance with parts 2 and 2.1 of Article 31 of 44-FZ, participants must send such information to electronic signature operators for its further inclusion in the register. But only those participants who have registered in the Unified Information System can do this, i.e. received accreditation for electronic testing according to the new rules.
In this part of the article, I will describe step by step all the actions of the Customer and the procurement participant during an open auction in electronic form under 44-FZ. Let's first look at the Customer's actions with you.
Stage No. 1 - Preparing for an electronic auction
At this stage, the Customer is 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, and attracts a specialized organization (if necessary).
Stage No. 2 - Preparation of documents for an electronic auction
At this stage, the Customer is developing and approving documentation about the electronic auction (general provisions, information card, application form, instructions for filling out the application, justification for the NMCC, terms of reference, draft contract, etc.).
Stage #3 - Posting information about the electronic auction
At this stage, the Customer prepares and places in the Unified Information System (on the official website www.zakupki.gov.ru) a notice of the electronic auction and documentation.
Stage No. 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 considering applications.
Stage #5 - Determining the winner of the electronic auction
At this stage, the Customer reviews the second parts of applications for participation in the EA received from the operator of the electronic platform and prepares a protocol for summing up the results. Over the course of a day, over 10,000 protocols may appear in all regions of the Russian Federation. 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 supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks the availability of the contract security or bank guarantee, and signs the contract with the winner.
So, we have dealt with the actions of the Customer, now let’s look at the actions of the procurement participant.
Stage No. 1 - Receiving an electronic signature
To participate in electronic auctions, as well as register in the Unified Information System and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, you can order it on favorable terms.
Stage No. 2 - Registration in the Unified Information System 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 undergo this procedure. How to do this was written above.
Note: The first two stages are, in fact, preparatory stages, without which participation in electronic auctions is impossible.
Stage No. 2.1 - Opening a special account for depositing collateral for applications
In order to apply for participation in an electronic auction, you will also need a special account into which money is credited to secure applications. Also, the site operator will deduct money from this account for winning the auction if you are recognized as the winner. What a special account is and why it is needed is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.
Stage #3 - Searching for information about an ongoing electronic auction
At this stage, the potential participant searches for information about the ongoing auction posted in the Unified Information System (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 platforms themselves. On the topic of effective search for tenders, our online school “ABC of Tenders” has a separate training module, which covers both paid and free information search tools. You can find out more about our school.
Stage No. 4 - Analysis of auction documentation
At this stage, the procurement participant studies the documentation on the ongoing EA (technical specifications, instructions, draft contract, etc.) and makes a decision: to participate in the auction or not. If the participant makes a positive decision, then he moves on 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 security for an application became available to procurement participants from July 1, 2019). This is necessary in order to ensure your participation in the electronic auction.
Note:
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 them 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 necessary to secure the application, except in the case of the presence in the registers of bank guarantees provided for in Article 45 of 44-FZ, information about the bank guarantee issued to the 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 funds in the special account of the procurement participant in the amount of the security for 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 provided for in Art. 45 44-FZ, information about 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 security for the corresponding application not implemented .
Stage No. 7 -
Direct participation in the electronic auction
If, after the Customer has reviewed the first parts of the applications, the participant’s application is found to meet the Customer’s requirements, such participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the established day and time and takes part in the EA procedure (submits price proposals). We will talk in more detail about how this procedure takes place later in this article.
Stage No. 8 - Conclusion of a contract with the Customer based on the results of an electronic auction
If the EA participant is recognized as the winner, he prepares the contract security (or payment order), checks the draft contract prepared by the Customer, and sends to 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 the execution security contract. The process of concluding a contract with the Customer is described in more detail.
So we have looked at the algorithm for conducting an electronic auction under 44-FZ. Each of the stages we have considered has strictly regulated deadlines, which we will discuss below.
For ease of perception of information, all stages of the electronic auction, as well as the timing of these stages, are presented below in table form. This table also contains links to specific paragraphs of Law No. 44-FZ in which these deadlines are established.
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 one registered as individual entrepreneur.
Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if there are such requirements) of Article 31 44-FZ ( Note: These are requirements for the participant to have the necessary licenses, SRO approvals, requirements for 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 find out more about the requirements for procurement participants.
According to Part 2 of Art. 66 44-FZ, an application for participation in an electronic auction consists of 2 parts: the first and second parts of the application.
The 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 of 44-FZ.
So, according to Part 3 of Article 66 of 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, performance of work or provision of services on the terms provided for in 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 to the electronic platform);
2) when purchasing goods or purchasing work, services, for the performance or provision of which the goods are used:
A) name of the country of origin of the goods (if the Customer establishes in the notice of an electronic auction, documentation of an electronic auction conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 44-FZ);
Important: If the Customer does not establish prohibitions and restrictions on the admission of goods in the notice and documentation in accordance with Article 14 of the 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 established in the electronic auction documentation, and indication of the trademark (if available) . The information provided for in this subclause is included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked with a trademark different from the trademark specified in the documentation electronic auction.
Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to supply this particular product to the Customer, then in the first part of the application it will be enough to simply indicate your consent to supply this product. There is no need to indicate specific product indicators. If the trademark is not indicated or you plan to supply goods with a different trademark, then indicating 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 when participants prepare the first part of the application, I have prepared a detailed practical guide called “Punch Application. Get admission to any auction.” You can find out more about this guide.
According to Part 3.1 of Article 66 of 44-FZ first part of the application to participate in an electronic auction if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ design documentation must contain only consent procurement participant to perform work on the terms provided for in the electronic auction documentation ( Note: such consent is given using the software and hardware of the electronic platform).
Second part of the application to participate in the EA must contain the following documents and information:
1) name (full name), location (place of residence), postal address of the auction participant, contact details, INN of the auction participant or an analogue of the INN of the auction participant (for a foreign person), INN (if any) of the founders, members of the collegial executive body, person performing the functions of the sole executive body of the auction participant;
2) documents confirming the auction participant’s compliance 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 attaching this declaration as a separate file as part of the second part of the application);
3) copies of documents confirming the compliance of goods, work or services with the requirements established in accordance with the legislation of the Russian Federation, if, in accordance with the legislation of the Russian Federation, requirements for goods, work or services are established and the submission of these documents is provided for by the documentation on EA ( Note: at the same time, it is not allowed to require the presentation of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);
4) a decision on approval or execution of a major transaction or a copy of this decision;
5) documents confirming the right of an EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (if the EA participant has declared receipt of these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penal system, as well as organizations of disabled people);
6) documents provided for by 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 the EA does not contain the documents provided for in this paragraph, 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 or provided by foreign persons);
7) a declaration that the participant in such an auction belongs to small businesses (SMB) or socially oriented non-profit organizations (SONCO) if the customer establishes the restriction 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 are not allowed;
- An EA participant has the right to submit an application for participation in the auction at any time from the date of publication of the notice of its holding until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for submitting applications are indicated in the local time of the purchasing organization, please remember this when submitting your application);
- An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic platform in the form of 2 electronic documents simultaneously;
- Within one hour from the moment of receiving an application for participation in the EA, the operator of the electronic site is obliged to 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 indicating the identification number assigned to it (or returns the application to the participant for reasons specified in paragraphs 1-6 of Part 11 of Article 66 44-FZ);
- An EA participant who submitted an application to participate in the auction has the right to withdraw this application no later than the deadline for filing applications for participation in the auction by sending a notice to the operator of the electronic site;
- Electronic documents (copies thereof) 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, don't turn on participant of such an auction as part of the second part of the application. Such documents (their copies) are sent to the Customer by the electronic operator using the software and hardware of such a platform simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) posted in the register of procurement participants accredited on the electronic platform.
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 electronically);
2) one participant in the auction has submitted two or more applications for participation in it, provided that the previously submitted applications by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);
3) the participant’s application was received after the date or time of the deadline for submitting applications for participation in the auction;
4) an application from an 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, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer ;
6) the absence in the register of procurement participants accredited on the electronic platform of electronic documents (or copies thereof) of the procurement participant provided for in the list established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation dated 04.02.2015 No. 99) in accordance with Part 3 of Art. . 31 44-FZ, or non-compliance of such documents (or their copies) with the requirements established in the notice of the EA in accordance with clause 6, part 5 of Art. 63 44-FZ (when making a purchase, in relation to the participants of which the Customer has established additional requirements in accordance with Part 2 and Part 2.1 of Article 31 44-FZ).
In this part of the article, we will look at the procedure for participating in an electronic auction directly on the electronic platform itself.
So, participants registered in the Unified Information System, accredited on the site and admitted to participate in such an auction can participate in the EA (after consideration of the first parts of applications). I think this is clear.
The auction itself is held on an electronic platform on the day specified in the notice of its holding ( Note: The day of the EA is the working day following the deadline for consideration of the first parts of applications to participate in such an auction. At the same time, the EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ design documentation carried out 4 hours after the deadline for submitting applications 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 of the time zone in which the Customer is located.
The auction is held by the auction participants reducing the NMCC specified in the notice. The amount of reduction in NMCC (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC. When conducting an EA, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.
1) an auction participant does not have the right to submit a proposal for the contract price:
2) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;
3) an auction participant does not have the right 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 currently the best).
If a participant in the EA offers a contract price equal to the price proposed by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.
Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not be too alarmed, because it simply will not be accepted by the operator. Accordingly, you can adjust your proposal and submit it again.
All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.
When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set at 10 minutes after the last offer on the contract price is received . If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.
Within 10 minutes from the moment of completion of the EA, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account requirements 1 and 3, which are specified above in the section “Requirements for price proposals of auction participants "
Within 30 minutes after completion of the EA, the operator places the protocol of the electronic auction on the electronic platform.
Within 1 hour after posting the protocol of the EA on the electronic platform, the operator of the electronic platform sends to the Customer the specified protocol and the second parts of the participants’ applications, and also sends appropriate notifications to the participants whose second parts of the applications were transferred to the Customer for consideration.
When conducting an EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ of the project documentation, the operator of the electronic platform also sends to the Customer the provisions provided for in Part 3.1 of Art. 66 44-FZ, the first parts of applications from such participants.
The operator of the electronic site is obliged to ensure the continuity of the auction, the reliability of the functioning of the software and hardware used for its conduct, equal access of its participants to participate in it, as well as the implementation of actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.
To better assimilate the information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:
Many procurement participants are interested in how long the electronic auction procedure can last. It is difficult to give an unambiguous answer to this question, since everything depends on the specific auction, on the NMCC, on the number of participants allowed to participate in the auction, and on the auction steps that they use during participation.
The minimum period for conducting an EA is 10 minutes. This is the case when the participants have not submitted a single price proposal.
According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is established, amounting to 10 minutes from the start of such an auction before the deadline for submitting proposals for the contract price, and 10 minutes after the last offer is received about the contract price.
The maximum duration of EA can be up to several days. This can happen when the participants reach a contract price of 0.5% of the NMCC or lower. And then an auction is held for the right to conclude a contract by increasing the contract price (Part 23, Article 68 of 44-FZ). However, in practice such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.
I am often asked whether it is possible to find out information about participants in an electronic auction before the auction. I will answer that it is possible only by bribing the operator of the electronic platform, but this is illegal. Then the next question arises. Are there legal ways to find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow us to predict which suppliers will take part in a particular auction. I wrote a separate detailed article on this topic, which you can read.
Below are cases in which an auction in electronic form under 44-FZ is declared invalid.
According to Part 9 of Art. 83.2 44-FZ contract can be concluded no earlier than 10 days from the date of placement in the Unified Information System of the protocol for summing up the results of the electronic auction.
Within 5 days from the date of posting the summary protocol in the Unified Information System, the Customer places the draft contract in the Unified Information System and on the electronic platform without his signature.
Within 5 days from the date the Customer places the draft contract in the Unified Information System, the winner places in the Unified Information System the draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.
If there are disagreements regarding the draft contract posted by the Customer in the Unified Information System, the winner places in the Unified Information System a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, the 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 the winner places the protocol of disagreements in the UIS, the Customer reviews the protocol of disagreements and, without his signature, places a revised draft contract in the UIS and on the electronic platform, or re-posts the draft contract in the UIS, indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, posting in the Unified Information System and on the electronic platform by the Customer a draft contract indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the winner’s comments contained in the protocol of disagreements is allowed provided that such winner has posted the protocol of disagreements on the electronic platform within 5 days from the date the Customer posted the draft contract in the EIS).
Within 3 working days from the date the Customer places documents in the UIS and on the electronic platform (the finalized draft contract, or the initial draft contract + document on the reasons for refusal), the winner of the electronic auction places in the UIS 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 posting in the Unified Information System the draft contract and contract enforcement, signed with an enhanced electronic signature of the winner, the Customer is obliged to place the contract signed with an enhanced electronic signature in the Unified Information System and on the electronic platform.
From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.
For ease of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.
If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:
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 you why you should not apply for participation in the EA at the very last moment.
This concludes my article on participation in electronic auctions under 44-FZ. Like and 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!
Often Customers commit violations when calculating and setting dates the deadline for submitting applications for participation in the electronic auction, thereby limiting the possibility of participation some Suppliers, since on weekends and holidays Operators of electronic platforms do not consider applications for accreditation, and Banks do not credit funds to a personal virtual account intended for securing applications.
According to clause 3, part 1, art. 64 of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law N 44-FZ) documentation on the electronic auction (hereinafter also referred to as the auction) along with with the information specified in the notice of such an auction, must contain the date and time of the deadline for filing applications for participation in such an auction.
In accordance with parts 2, 3 of Art. 63 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the customer places a notice of an electronic auction in the Unified Information System at least 7 days before the date the deadline for submitting applications for participation in such an auction. If the initial (maximum) price of the contract (lot price) exceeds 3 million rubles, - no less than 15 days before the deadline for filing applications for participation in such an auction. A participant in an electronic auction has the right to submit an application for participation in such an auction at any time from the moment of posting a notice of its holding until the date and time of the deadline for submitting applications for participation in such an auction provided for in the documentation for such an auction (Part 7, Article 66 of Law No. 44- Federal Law).
The above provisions of the Law do not specify whether these are working days, weekends or non-working holidays. However, in some cases, the norms of Law No. 44-FZ contain an indication that working days are included in one period or another (for example, Part 11 of Article 31, Part 1 of Article 36, Parts 4-6 of Article 37, Part 6, Art. 44).
Based on the above, we can conclude - if Law No. 44-FZ does not clearly define whether it is a working day, then the days are calculated in calendar days.
For customers, when posting a notice, necessary be guided by the provisions of the civil legislation of the Russian Federation, since in accordance with Part 1 of Art. 2 of the Law on the Contract System, the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs is based, among other things, on the provisions of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In the Civil Code of the Russian Federation, the rules for calculating deadlines are established in Chapter. 11 (art. 190-194). Namely, when setting the deadline for submitting applications for participation in the auction, it is necessary take into account the rule of Art. 193 Civil Code of the Russian Federation, according to which, if the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it.
For example, if a notice of an electronic auction with a contract price of less than 3 million rubles is posted on the official website (www.zakupki.gov.ru) on 07/07/2017, the deadline for filing applications should be set no earlier than 07/17/2017.
Controlling and judicial authorities, also take the position that the application deadline should end on a business day. These decisions are reflected in:
OUTPUT EXPERT"a
Based on the above positions on the application of the Law on the Contract System and the Civil Code of the Russian Federation, Judicial practice, we can conclude:
installed Customer date and time application deadline to participate in the electronic auction must not occur outside of working hours However, the acceptance of applications may consist mainly of non-working days (decision of the Tambov OFAS Russia dated May 21, 2013 in case No. RZ-91-108/13). The Customer's reduction of the specified deadlines for submitting applications violates the rights of potential Suppliers (contractors, performers) and affects the results of the electronic auction, and violation of the provisions of Law No. 44-FZ and the provisions of the Civil Code of the Russian Federation risks bringing the Customer's officials to administrative liability.
Taking into account the above, it appears that the customer is not deprived of the right to post a notice of an electronic auction on the official website during the period from January 1 to January 11, 2015 (that is, on non-working days). However, in this case, the end date for filing applications for participation in the auction (and, as a consequence, the end date for consideration of such applications) cannot be set earlier than January 12, 2015. Moreover, if the last day of the deadline for submitting applications is January 12, the customer must provide the opportunity for interested parties to submit applications for participation in the auction during this working day. Consequently, the deadline for submitting applications for participation in such an auction, determined by the auction documentation, cannot be set in such a way that procurement participants do not have a real opportunity to submit applications for participation in the procedure for identifying a supplier (contractor, performer).
Attention
Submitting an application is the first and one of the most important stages of participation in an electronic auction. In order not to miss a profitable offer, it is important not only to correctly draw up the documents, but also to submit them within the time period specified in the notice.
Info
How many days are given for filing applications? The law considers two cases - when the initial contract price is less than 3 million rubles and the second - when it exceeds this amount. The first auction was popularly called “short”, since only 7 calendar days should pass from the publication of the notice to the end of the acceptance of applications.
Important
Rosavtodor needs to receive from the regional Information Security Center the results of the vehicle vulnerability assessment, which they approved at Rosavtodor on January 29, 2015. Is it possible, in accordance with the legislation on the procurement of goods, works, and services by certain types of legal entities, to accept from the contractor the result of an assessment of the vulnerability of vehicles without extending the term of the contract (there is no dispute between the parties regarding the quality of the services provided, the customer has not lost interest in accepting the result of the services )? Federal Law dated July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities” establishes general principles for the procurement of goods, works, services and basic requirements for the procurement of goods, works, services by certain types of legal entities listed in Part .
Moreover, in accordance with Part 4 of Article 78 of Law No. 44-FZ, if it is established that one participant in the request for quotation has submitted two or more applications for participation in the request for quotation, provided that such applications previously submitted by this participant have not been withdrawn, all applications for participation in the request for quotation , submitted by this participant are not considered and are returned to him. Part 2 of Article 79 of Law No. 44-FZ establishes that if a request for quotations is declared invalid on the grounds provided for in Part 9 of Article 78 of Law No. 44-FZ due to the fact that the quotation commission rejected all submitted applications for participation in the request for quotations, the customer extends the deadline for submitting applications for participation in the request for quotation by four working days and, within one working day after the deadline for submitting such applications, places a notice in the unified information system about the extension of the deadline for submitting such applications.
However, before the end of the contract period (December 31, 2014), the results of the vulnerability assessment, which must be approved by the Federal Road Agency, were not presented to the organization. Only on February 16, 2015, the results of assessing the vulnerability of vehicles, approved on January 29, 2015 by Rosavtodor, were received from the regional information security center along with certificates of services rendered and an invoice for payment in the amount of 250 thousand.
rub. under contract. A reasoned refusal to sign the certificate of services rendered was issued on February 20, 2015 on the basis that the contract expired on December 31, 2014 and was not extended, and the results of the vehicle vulnerability assessment were returned to the regional Information Security Center.
Law No. 223-FZ does not regulate the procedure for fulfilling obligations under such an agreement; it only indicates the need to reflect changes in the terms of the agreement, the results of its execution, etc. in the Unified Information System. (Part 5 Article 4, Part 2 Article 4.1 of Law No. 223-FZ). The rules of the Civil Code of the Russian Federation must be applied to relations arising in connection with the execution of contracts concluded in accordance with Law No. 223-FZ (see.
also part 1 art. 2 of Law No. 223-FZ). Article 425 of the Civil Code of the Russian Federation establishes the relationship between the duration of the contract and the duration of the obligations arising from it. According to paragraph 3 of this article, the law or contract may provide that the expiration of the contract entails the termination of the obligations of the parties under the contract.
An agreement that does not contain such a condition is recognized as valid until the moment specified in it when the parties fulfill the obligation.
Is this true based on current practice? Do the regulatory authorities find any violations, for example, in the posting of notices during the New Year holidays with the deadline for submitting applications until January 12, 2015? In accordance with parts 2, 3 of Art. 63 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the customer places a notice in the Unified Information System (before its commissioning - on the official website) conducting an electronic auction at least 7 days before the deadline for submitting applications for participation in such an auction. If the initial (maximum) price of the contract (lot price) exceeds 3 million rubles, - no less than 15 days before the deadline for filing applications for participation in such an auction.
Any order placement participant, including an order placement participant to whom a request for quotation was not sent, has the right to submit only one quotation application, changes to which are not permitted. 2. The quotation application is submitted by the procurement participant to the customer, the authorized body in writing or in the form of an electronic document within the period specified in the notice of the request for quotation. If a quotation bid is submitted in the form of an electronic document, the customer or the authorized body is obliged to send confirmation of receipt of such bid in writing or in the form of an electronic document to the procurement participant who submitted such a bid on the same day. 3. Submitted within the period specified in the notice of the request for quotation, the quotation application is registered by the customer, the authorized body.
The regulatory authorities and courts came to similar conclusions regarding the application of the rules of Art. 41.5 of the Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs,” which became invalid as of January 1, 2014. In accordance with this law, the deadline for submitting applications for participation in an open auction in electronic form was determined (there was also no indication of its calculation in working days).
Thus, the Federal Antimonopoly Service of the Central District in its resolution dated June 10, 2014 No. F10-1371/14 noted that the legislator has not determined that the days included in the deadline for submitting applications for participation in such an auction must be working days.
At the request of the procurement participant who submitted the quotation bid, the customer or the authorized body issues a receipt of the quotation bid indicating the date and time of its receipt. 4. Negotiations between the customer, the authorized body or the quotation commission and the procurement participant in relation to the quotation application submitted by him are not allowed. 5. Quoted bids submitted after the deadline for submitting quotation bids specified in the notice of a request for quotation are not considered and on the day of their receipt are returned to the procurement participants who submitted such bids. When placing an order by requesting quotes in accordance with Part 8.2 of Article 9 of this Federal Law, the quotation application submitted by the participant in the order placement with whom a claim has been filed for termination of the contract is also subject to return. (edited)
In accordance with Part 4 of Article 61, the operator is given no more than 5 working days to review documents submitted for accreditation. In principle, if you submit an application on the day of the auction, then there will be enough time even in the case of a “short” placement.
However, it is still better to do this in advance, since there is always a risk of delays due to technical failures. In what cases is the deadline for submitting applications extended? The customer has the opportunity to make changes to the documentation. However, he can do this only if there are at least 2 days left before the deadline for submitting applications. The last two days are often called “the time of silence,” since it is no longer possible to change anything or cancel the auction. At the same time, in accordance with the requirements of Part 6 of Article 55 of Federal Law No. 44, the deadline for submitting applications must be increased.
Based on this, we can come to the following conclusion that in cases where such an indication is absent, the period for performing the corresponding action should be calculated in calendar days. Thus, the legislation does not actually contain a direct prohibition on including weekends and non-working holidays in the deadline for submitting applications for participation in an auction.
However, in this case, it is necessary to take into account that Law No. 44-FZ does not contain special rules for calculating deadlines, and since the legislation on the contract system in the field of procurement is also based on the provisions of the Civil Code of the Russian Federation, the rules for calculating the deadlines established by this federal law must be applied this code. Let us note that representatives of the FAS Russia share a similar opinion (see, for example, decision of the FAS Russia dated June 25, 2014 No. K-982/14).
