The electronic auction is a multi-stage competitive procurement procedure in accordance with the norms of 44-FZ. One of the most important stages is bidding, during which eligible participants make their price offers.
Bidding within the framework of an electronic auction under 44-FZ is regulated in Art. 68. In the process of conducting an electronic auction, participants make their price offers taking into account the reduction of the NMCC by an amount within the established step of the electronic auction.
An electronic auction is a special procurement procedure in which the participant who offers the lowest price wins. Within the framework of 44-FZ, this procedure is regulated by Art. 59-71 44-FZ.
Currently, classic auctions with a hammer in the hands of the auctioneer are practically not held, and they have been replaced. But the concept of “auction step” has retained its meaning and is used in the contract system today.
According to Art. 68 44-FZ, the auction step is understood as the amount of contract reduction.
The peculiarity of an electronic auction is that participants submit price proposals not directly to the customer, but through. The list of ETP operators is approved by the Government and includes:
Price proposals at the auction are submitted only by those auction participants who were admitted by the customers based on the results of consideration of the first part.
If the NMCC is no more than 300 million rubles. (2 billion rubles for construction work), then the bidding procedure is carried out on the next business day. If the NMCC is more than 300 million rubles, then the customer is given 3 days to review the first part of the application.
The price for executing the contract of the state customer is gradually reduced taking into account the auction step.
The auction step is set at 0.5-5% of the NMCC (in accordance with Part 6 of Article 68 of the 44-FZ). A participant in an electronic auction cannot arbitrarily reduce the price: he must do this strictly within one step.
For example, the NMCC of public procurement is 2 million rubles. The auction step, taking into account the established range of 0.5-5%, can be 10 thousand rubles. – 100 thousand rubles That is, each participant has the right to reduce the price in this range.
During bidding, participants can use various pitching tactics. In the first 10-20 minutes, experienced participants usually watch their competitors and are not active. During the auction process, some participants prefer to make price offers with a minimum increment of 0.5% in the last seconds, while others are more active and immediately submit price offers with a serious discount.
The most common is the first strategy, which allows you to maintain a high contract price for a long time.
There are currently no specific time frames that limit the duration of the auction. The minimum trading duration is 10 minutes. This situation is allowed if none of the participants makes their price offers.
The maximum duration of trading is not limited. Bidding will continue until all participants have exhausted their price offers. Within 30 minutes after the end of the auction, the ETP sums up the results and forms the tender, which is sent to the customer. Together with the protocol, the second parts of the application from the participants are transferred to the customer.
If, during an electronic auction, the contract price is reduced to 0.5% of the NMCC, then the auction is held for the right to sign a government contract.
This auction is carried out through an increase in the contract price, taking into account the following features:
Thus, the auction step is the amount of reduction in the initial contract price. It is installed by the customer and recorded in the procurement documentation. The auction step size ranges from 0.5 to 5% of the NMCC. The maximum time interval between participants' proposals under 44-FZ is 10 minutes. If no new proposals are received within the specified framework, the auction is considered completed.
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We are holding an electronic auction for the purchase of a bank loan in the amount of RUB 100,000,000. The bank asks what the step size will be during the auction?
Read in the article the answer to the question: If, when creating a technical specification, we do not ask for specific indicators for nails, is it necessary to indicate the country of origin of the nails, and if we ask for specific indicators for paint, is it necessary to indicate the country?
The specific step size cannot be determined. Procurement participants can independently choose the size of the reduction (step) from 0.5 to 5% of the NMCC.
The auction is conducted by the operator of the electronic platform. It takes place two days after the deadline for consideration of the first parts of applications ends. If the date falls on a weekend, the deadline is moved to the first working day.
The operator will conduct the auction according to the customer's time zone. Applicants should take this into account. Let's say, if the auction time is 9:00 Kamchatka time, then the bidder from Moscow will go to auction at 0:00.
Such rules are established in parts 2 and 3 of Article 68 of Law No. 44-FZ.
During the auction, participants gradually lower the contract price within the “auction step” - from 0.5 to five percent of the NMCC. The auction ends if no bids are received within 10 minutes. After this, bidders have the right to offer a price regardless of the “auction step”, but it is impossible to reduce the contract price below the best offer at that moment. When procurement participants offer the same prices, the best offer is the one that came first.
This procedure is described in parts 6, 7, 11, 12 and 16 of Article 68 of Law No. 44-FZ.
If the price drops to 0.5 percent of the NMCC, then an auction is held for the right to conclude a contract. That is, the winner will pay for the right to fulfill the contract. Participants make offers on the following conditions:
This is stated in Part 23 of Article 68 of Law No. 44-FZ.
The operator will post the auction protocol on the electronic platform within 30 minutes after the auction ends. The protocol will indicate:
Within the next hour, the operator will send the customer the protocol and the second parts of the applications of the participants who received the first 10 numbers based on the ranking results. If less than 10 applicants participated in the auction, the operator will transfer the second parts of the applications of all participants, as well as documents in accordance with paragraphs 2-6 and 8 of part 2 of Article 61 of Law No. 44-FZ.
This is stated in parts 18 and 19 of Article 68 of Law No. 44-FZ.
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An auction is the most popular form of procurement. Despite the fact that the traditional auction under the hammer has been replaced by an electronic auction, the very concept of an “auction step” has not lost its meaning.
Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.
An electronic auction is used to determine a supplier when procurement information is transmitted to an unlimited number of persons. The main criterion for selecting the winner of the electronic auction is the lowest price offer.
To participate in the tender, participants first apply to participate, and if they pass the pre-selection, they are allowed to participate in the procurement procedure. The tender itself is held on an electronic trading platform, during which participants make their price offers.
The customer carries out the purchase in the form according to 44-FZ, regardless of what goods, works and services are purchased by him: he can use any of the OKPD2 codes. The exception is those cases when the procedure must be carried out in a closed format.
If the product was presented in the “auction list,” then the purchase must be carried out in electronic format (this includes clothing, medicines, construction services, etc.).
The concept of “auction step” is inextricably linked with procurement in the form of an auction.
According to the definition given in 44-FZ, The auction step is the amount of contract reduction(NMCC). It is contained in Art. 68 44-FZ, which regulates the procedure for conducting tenders in the form of an auction.
The rules that govern the auction step are necessary to regulate the trading procedure. They do not allow one thing to disrupt the purchase: sharply reduce the price and then avoid signing the contract.
At the same time, they do not allow unfair delays in bidding when participants constantly reduce the price by the minimum bid.
According to Part 6 of Art. 68 44-FZ, the auction step is set at 0.5 to 5% of the NMCC. This means that within one price offer a participant cannot reduce the cost by more than 5%. The minimum step value is 100 rubles. (this rule appeared in July 2018). The minimum step is used in small purchases worth up to 10 thousand rubles.
The need to regulate the minimum and maximum auction steps is due to the following reasons:
The operator is responsible for ensuring that auction step requirements are met.
Thus, during the auction, the participant cannot repeat or increase his own price. For example, offer 2 million rubles first, and then 2.3 million rubles. Such offers will be considered void. Also, he cannot immediately reduce the price by 10% or make an offer with a zero price.
One participant at the first stage of the procurement cannot reduce its own price. For example, offer 3 million rubles, and after 5 minutes – 2.5 million rubles.
After the first stage of the auction is completed (when 10 minutes have passed since the lowest offer was submitted), each participant has the right to reduce his own price offered at the first stage, regardless of the step.
Participants use several tactics for submitting price proposals. So, in the first 10-20 minutes, many participants take a wait-and-see attitude. Some participants prefer to reduce the price by a minimum step in the first seconds and wait until the last to make a new price offer. Other procurement participants are more active and submit proposals with a significant price reduction (more than 0.5% of the NMCC).
Today, during an electronic auction, many do not directly participate in the auction. An electronic auction robot does this for them. It is quite simple to form: the minimum limit is indicated (the price for which the supplier is ready to fulfill the government contract) and the price reduction step used. As a result, the robot itself will place bets according to predetermined parameters.
After the start of the electronic auction, the participant can turn off the robot and start working in manual mode.
Electronic trading begins at the time set on the electronic platform, taking into account the time zone in which the customer works. Only accredited suppliers can participate.
In accordance with Federal Law No. 44 the maximum interval between participants' proposals is 10 minutes. If no proposals are received from procurement participants, the auction can be considered completed.
It is difficult to say how long the procurement procedure will last. Everything will depend on the number of participants, their desire to conclude this contract, and the starting price.
If no one makes a bid, the auction will last only 10 minutes, and the winner will be declared the participant who first submitted his bid to participate. This procedure will be recognized
Subject of bidding at auction. Sh.a. announced before the start of trading.
Dictionary of business terms. Akademik.ru. 2001.
Auction step Encyclopedia of Law
Auction step- (English auction step) the amount by which the price of the auction item increases, set by the auction organizer, usually as a percentage of the initial price. The auctioneer sets each subsequent price by increasing the current price... Large legal dictionary
AUCTION STEP- the interval within which the price of the object being sold increases, announced by the auctioneer conducting the auction. Sh.a. is announced before the start of bidding at the same time as a brief description and the starting price of this object. This allows… … Large economic dictionary
AUCTION STEP- – the interval within which the price of the object being sold increases as announced by the auctioneer conducting the auction... Economics from A to Z: Thematic Guide
Bargaining- (Bidding) Bidding is a specific form of trading, the result of which is achieved through a competition or auction. Information on the definition of bidding, rules for conducting auctions and competitions, including electronic bidding with ... ... Investor Encyclopedia
Inc. Type Public company ... Wikipedia
Or an open tender competition, in which all interested legal entities and individuals can take part (business entities and their voluntary target associations (consortia), specially created to participate in the competition) ... Wikipedia
Country Russia Moscow Aminevskoye Highway ... Wikipedia
Auctions for the sale of the right to conclude a lease agreement for a forest plot- auctions, based on the results of which contracts for the purchase and sale of forest plantations are concluded; if the lease agreement for a forest plot located in state or municipal ownership is not concluded based on the results of A., it is allowed... ... Environmental law of Russia: dictionary of legal terms
Lot- (Lot) A lot is a unit or batch of goods put up for sale on an exchange or auction. A lot is the subject of auction and exchange trading, how to buy and sell a lot, determining the size, cost and starting price of the lot, standard and incomplete... ... Investor Encyclopedia
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, 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 performance 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!
