Under electronic auction period according to 44-FZ, they mean the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and within what timeframes, according to the law, they must take place.

If the NMCC is less than or equal to 3 million rubles, then the minimum time for concluding a contract 21 day.

If the NMCC is more than 3 million rubles, then the minimum time for concluding a contract 29 days.

1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMCC: if it exceeds 3 million rubles, then the notice must be posted for 15 days(or more) until the closing date for applications. If the amount is 3 million rubles. and less - then for 7 days(or more).

2. There are times when it is necessary to make changes to the notice or documentation itself. The customer has time for this, but no later than 2 days before the deadline for accepting applications. And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days from the date of changes in the case of NMCC more than 3,000,000 rubles, and up to 7 days from the date of changes if the contract price is less than or equal to 3,000,000 rubles.

3. If the customer decides to refuse to conduct procurement in electronic form then he can do it no later than 5 days before the end of applications.

4. A participant may submit a request for clarification of auction documentation, but no later than 3 days before the end of applications. The customer must publish the response within 2 days from the receipt of this request.

5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, if it is consistent, the participant will be admitted to the auction, but he has the right not to submit price proposals.

6. The next stage is the consideration of the first parts of applications submitted by participants. It is no more than 7 days after the deadline for submission. According to the changes that came into force on July 1, 2018, if the NMCC is less than or equal to 3 million rubles, then the period for consideration of part 1 should not exceed 1 working day. During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are eliminated.

At the same time, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System.

7. Then the deadline for the auction under 44-FZ comes, this business day following the expiration of two days from the date of consideration of the first parts.

For example, if applications were reviewed on Friday, then the electronic auction will be on Monday, because two days have passed since Friday (Saturday and Sunday), and the working day following these two days is Monday.

8. After this, it is necessary to announce the protocol of the auction. On electronic platform procurement, this information is posted within 30 minutes after the completion of the last bidding phase, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the ETP.

9. Review of 2 parts of the application must take place on time no more than 3 working days, from the moment the protocol on the electronic auction is posted on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.

10. From the date of publication of the final protocol in which the winner is determined, within 5 calendar days customer in personal account the winner sends him a draft contract.

11. Within 5 calendar days After receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document confirming the execution of the contract, or send the customer a protocol of disagreements.

12. If a protocol of disagreements has been sent, then three days given to the customer to study and publish a modified version of the contract. If the contract is placed without changes, then the customer must justify the refusal of the participant’s proposed changes.

13. Over the next 3 working days, after publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document confirming the execution of the contract.

14 . The customer must sign the contract within 3 working days after the winner does so. From this moment the contract is considered concluded.

Please note that the contract cannot be concluded earlier than 10 days from the date the winner is determined, i.e. placement of the final protocol.

15. If the participant’s application was rejected in the first / second part or during the auction, violations were identified on the part of the customer or the operator of the electronic platform, the participant has 10 days from the date of the final protocol (i.e. from the moment the winner is determined) in order to send a complaint to the FAS.

Timing of the electronic auction - table

You can learn about all the timing and features of each stage of the electronic auction in our training course "Government order". RusTender employees have specially collected all the necessary information, supported by their own experience of participation, thanks to which you will be able to successfully participate in government procurement and receive contracts.

These are the main stages and terms of the auction under 44-FZ, held electronically on the ETP of the federal operator. All time characteristics given in the text are current at the time of writing. To always keep abreast of the latest changes, follow the norms of the legislation of the Russian Federation.

If you cannot afford to spend time studying and further monitoring changes in legislation, then contact the RusTender company, our tender specialists are always up to date with the latest changes and regulations of the 44-FZ law, they will quickly and completely answer all your questions, regarding participation in the auction.

OOO ICC"RusTender"

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• On 04/15/2018
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• 223-FZ, 44-FZ, EIS, Purchase of medicines, medical equipment, Purchases from a single supplier, Request for quotations, Request for proposals, NMCC, SMP, Electronic signature, Electronic auction, ETP

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

What is an electronic auction and when is it held?

An electronic auction is understood as a procurement that:

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

In this case, “improvement” means submitting an application with a price lower than that of competitors, since an electronic auction under 44-FZ is held to reduce the contract price.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

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

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

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

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

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

The essence of the electronic procedure

The parties to the electronic auction are:

• customer;
• suppliers;

ETP is an Internet resource that provides other parties with the technical capabilities to interact for the purpose of bidding and concluding contracts. Each site is managed operator, that is, the legal entity that owns it. Not any ETP is allowed for trading under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are allowed to conduct procedures within the framework of government procurement. However, soon.

To become a trading participant on the ETP, you need to go through accreditation. For now, this procedure is carried out at each site separately, but after all purchases are transferred to electronic form, instead, it will only be enough to register in the Unified Information System.

Exchange of documents

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

Note! From July 1, 2018, suppliers must use a qualified electronic signature. For now, it is allowed to use unqualified ones.

The exchange of electronic documents occurs through the platform. The exception is the process of concluding a government contract - it takes place in the Unified Information System. ETPs are obliged to ensure the confidentiality of information about auction participants until the results are summed up. In addition, information and documents on all previously held procedures are stored on the site.

The responsibilities of the ETP operator include publishing documents. This applies not only to the protocols that are drawn up during the auction, but also to the documents that customers upload to the site, namely notices and other procurement documents, their changes, clarification of the provisions of the documentation and notices of refusal to hold the auction. The operator also sends all these documents (with the exception of the notice of an electronic auction and auction documentation, which is posted in the Unified Information System) to the participants’ mail.

Accreditation for ETP

To obtain accreditation at the site, you must submit a set of documents to the operator. For now, this needs to be done at each site. However, the accreditation process will be reduced to registration in the Unified Information System. For now, the old accreditation rules are in effect, so let’s pay attention to them.

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

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

Note! The customer does not have the right to require participants who have been accredited to the ETP to provide any other documents.

After submitting a set of documents to the ETP, the operator must accept accreditation decision. This is what he has to do 5 working days. As a result, the supplier should be notified of what decision has been made. If it is positive, along with it the participant will receive access to auctions and an account number for transferring bid security. If negative, the message will indicate the reasons for this.

Refusal can occur in several cases:

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

There cannot be any other grounds for refusal of accreditation. If the deficiencies are corrected, the supplier may reapply for accreditation.

If accepted positive decision The participant is given accreditation for a period of 3 years. It is important to remember that it is mandatory to notify the ETP of changes. This is necessary if:

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

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

Important! The trading operator does not verify the accuracy of the information and documents provided to it by participants. All responsibility for this falls on themselves.

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

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

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

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

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

Documentation

Auction Notice

The notice of the auction is published in the Unified Information System and in any media within the following periods:

• if the contract price is less than 3 million rubles - no less than 7 days before the deadline for accepting applications;
• if the contract price is more than 3 million rubles - no less than 15 days.

The notice includes information required for all purchases:

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

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

Auction documentation

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

1. A complete description of the procurement object, the terms of the government contract, as well as justification for the price.
2. Requirements for the content of the application, including instructions for filling out.
3. Payment procedures, including issues related to the application of foreign exchange rates.
4. Information about contract service the customer, the contract manager or the person responsible for this auction.
5. Information about changes to the terms of the contract.
6. Contract signing period.
7. Conditions under which the winner will be recognized as having evaded.
8. The period in which participants can send a request for clarification of the provisions of the documentation.
9. Information about unilateral termination of the contract.
10. Draft contract.

Request for clarification

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

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

Documentation changes

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

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

Filing an application

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

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

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

   Note! If such documents are transferred along with the goods, the supplier does not have to submit them as part of the application.

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

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

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

At the first stage, the application is verified by the platform itself. The operator cannot reject the application for other reasons, except:

• violation by the participant of the rules for signing digital signature documents;
• the participant submits a second application if the first is not withdrawn;
• violation by the participant of the deadline for submitting an application;
• shortage Money to secure an application;
• expiration of the supplier’s accreditation period for the ETP (applications are no longer accepted 3 months in advance).

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

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

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

Review of the first parts of applications

No more 7 days from the closing date for accepting applications, the customer’s commission reviews their first parts. There are only two reasons for refusal:

1. The participant incorrectly completed the consent to supply goods, provide services or perform work, or indicated incorrect parameters of the procurement object.
2. The participant provided inaccurate or incomplete information in the application.
3. Having considered all applications, the commission draws up a protocol in which all participants are listed with the serial numbers assigned to them and indicates for each of them information about admission or inadmissibility to participate in the auction. If a participant is refused, this decision must be justified. The documentation or law that the participant violated should be identified.
4. The protocol is sent to the ETP and placed in the Unified Information System before the end of the application review period. The trading operator must send all participants a notification of the customer’s decision within an hour after receiving the protocol.
5. It happens that not a single application, as a result of consideration of their first parts, is launched for the auction. In this case, it is considered that the auction did not take place.

Bidding procedure

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

All participants admitted to the procedure gather in the “auction hall” at the ETP on the appointed day and time. When the auction begins, they submit their price bids. The price step cannot be less than half a percent of the NMCC or the current minimum bid of the participant. You can only improve your own application, that is, submit another one with a lower price. However, if the best entry is yours, you cannot improve it further until another participant does so. It is also prohibited to submit an application with a price equal to zero. More details, price offers and price increments can be read in a separate material.

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

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

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

Auction protocol

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

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

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

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

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

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

If the price “crosses zero”

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

Consideration of the second parts of applications

The customer commission reviews the second parts of applications from participants who took first to fifth place at the end of the auction. The review process lasts no more than 3 working days. The only basis for rejecting the second part of the application is lack of necessary information or presence of inaccurate information.

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

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

The winner of the auction is the participant who offered minimum price– provided that the second part of his application meets the requirements. If the auction “passes 0”, then the participant who offers the highest price wins.

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

If no second part of the application meets the requirements, the auction is recognized failed.

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

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

The customer enters into a government contract with the participant who is recognized as the winner. During 5 days After posting the final protocol, the customer publishes a draft contract in the Unified Information System. It must contain data from the winner’s application and the price offered by him. First, the contract is signed by the performer. He has 5 days from the date of placement of the project in the Unified Information System in order to provide security and sign. As a result, he must post a signed contract and a document confirming the payment of security.

The customer is the last to sign the contract. He can do it no earlier than 10 days from the date of publication of the final protocol.

Anti-dumping and additional enforcement measures

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

1. If the NMCC is more than 15 million rubles, the amount security increases by one and a half times.
2. If the NMCC is less than 15 million rubles, you can either provide increased security (clause 1) or provide contracts executed without penalties.

For some procurement items that fall into the category of vital goods, additional requirements have been established. These are food products, medicines, emergency supplies, and fuel. To confirm the seriousness of its intentions, the participant must provide the customer with one of the documents:

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

Drawing up a protocol of disagreements

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

Next 3 days are given to the customer for a response. And it could be like this:

• a new version of the contract with corrected inaccuracies pointed out by the supplier (without the customer’s signature);
• the contract in the old version plus a document justifying why changes cannot be made.

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

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

Avoidance of signing a contract

The winner of the auction will be recognized as having evaded concluding a contract if he violates the rules:

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

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

The auction did not take place

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

There is only one contender

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

The site operator must send the participant’s documents to the customer no later than one business day after the deadline for accepting applications. Next, the auction commission will consider his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up in which the customer will indicate his decision. If the customer is found to meet all requirements, a contract will be awarded to him.

There are participants, but there are no price offers

Another possible option is when the auction is declared invalid - the participants admitted to it did not submit price proposals during the auction. In this case, the customer reviews all second parts of the applications and determines which of the auction participants fully meets the requirements. The contract will be concluded with those of them who are recognized as eligible and submitted an application earlier than others.

There are no contenders

This is possible in a situation where no bids were received for the auction or, based on the results of consideration of the first parts, none of them were found to meet the requirements. In this case, the customer must change his planning documents and carry out. If the provisions of Law 44-FZ allow, you can carry out the purchase in another way.

Electronic auction for Federal Law 44 step-by-step instructions for the customer 2019

Cases of holding The customer has the right to conduct an electronic auction under 44-FZ (hereinafter - EA) for the purchase of products, performance of work, provision of services under any of the codes of the product classifier by type of economic activity (hereinafter - OKPD2). However, they should not fall under the restrictions of 44-FZ (for example, the need to conduct closed procedures). However, the law provides for cases when the customer is obliged to carry out an electronic procedure (Order of the Government of the Russian Federation of March 21, 2016 N 471-r). These include:

• agricultural goods and services;
• mining products;
• food and beverages;
• cloth;
• paper;
• medicines;
• computer equipment;
• construction works.

The list is quite extensive and includes more than 50 OKPD2 classes.

How a customer can conduct an electronic auction: step-by-step instructions

Table 2 Bidding stage Regulated time Rationale Providing a price proposal Within 10 minutes Article 68 part 11 Extension of time for submitting proposals 10 minutes from the submission of the previous proposal Article 68 part 11 Closing stage of bidding 10 minutes from the expiration of the ten-minute period after the submission of the last proposal Article 68 part 12 At the closing stage of the bidding, participants have the opportunity to submit proposals for the value of the contract higher than the winning bidder. This allows the potential supplier to move up to second place.

If the winning bidder refuses to sign the contract, the customer will offer the second place bidder to conclude the contract. Situations where an auction is declared invalid In some cases, a purchase is considered invalid.

Article 59. Auction in electronic form (electronic auction)

This is possible in the following situations:

1. No proposals had been submitted as of the deadline for applications. The customer can announce a repeat auction or purchase from a single supplier.
2. When considering the first parts of applications, only one proposal was found to meet the requirements.
   In this case, the contract is concluded with the supplier at a starting price.
3. If no price proposals are submitted during the auction. After this, the operator of the trading platform transfers to the customer the second parts of the submitted applications.
   The winner is the participant whose proposal was submitted earlier than others, provided that it meets the stated requirements.
4. The auction commission rejects all second parts of applications or recognizes only one as meeting the requirements.

Conducting an electronic auction under 44-FZ

Attention

Let's show it with an example (CP - participant's price offer). EA start time: 12:00:00, NMCC - 100 rub. CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from last) CPU 3 80 (10% reduction is unacceptable) CPU 1 85 12:19:00 (9 minutes from last) 12:29: 01 (more than 10 minutes from last) This completes the first phase.

Info

Bargaining is possible, but taking into account the fact that the supplier cannot repeat or increase its own price offers or make an offer with a zero price. NMCC - 100 rub. CPU 1 95 CPU 2 90 CPU 2 90 (price equal to previously submitted, unacceptable) CPU 2 92 (price, earlier submitted, unacceptable) CPU 1 0 (invalid, even within a step) Also, the participant cannot make a reduction outside the auction step , if the previous participant made a decrease within a step.

NMCC – 100 rub.

Deadlines for holding an electronic auction under Federal Law 44

• home
• Tender

Important

This is a competitive way of identifying a supplier, in which information about the ongoing purchase is communicated to an unlimited number of people by publishing documentation in the Unified information system. Any interested party who meets the requirements stated by the customer can take part.

To do this, you must submit an application remotely to the ETP. The main criterion for selecting the winner at an electronic auction under 44-FZ is the lowest price offer at the auction.

Electronic auction under 44-FZ

It is no more than 7 days after the deadline for submission. During this period, applications that do not meet the requirements specified in the documentation are eliminated.

During the same period, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System. 7. Then the deadline for the auction under 44-FZ comes, this is the third working day after the end date for consideration of the first parts of applications.

Exact time carrying out is appointed by the ETP operator. 8. Then it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the ETP. 9.

Electronic auction for Federal Law 44 step-by-step instructions 2018

The customer is obliged to conduct an electronic auction if goods, works, services included in the list established by the Government are being purchased Russian Federation, or to an additional list established by the supreme executive body state power of a constituent entity of the Russian Federation when purchasing goods, works, services to meet the needs of a constituent entity of the Russian Federation, with the exception of cases of procurement of goods, works, services through a request for quotations, request for proposals, procurement from a single supplier (contractor, performer) taking into account the requirements of this Federal Law. The inclusion of goods, works, and services in the specified lists is carried out in case of simultaneous fulfillment of the following conditions: (as amended.

Federal Law of December 28, 2013 N 396-FZ) (see.

Notice of an electronic auction

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in the case of NMCC more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct procurement in electronic form, he can do this no later than 5 days before the deadline for accepting applications. 4.

The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The answer must be provided to him within 2 days from the receipt of this request.

5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he fails to do this within the specified period, he will have to take part in the auction. 6. The next stage is the consideration of the first parts of the applications submitted by the participants.

Guide to the contract system in the field of public procurement. electronic auction

CPU 1 95 CPU 2 90 CPU 3 80 (outside the step, unacceptable) If the current minimum reduction belongs to the same participant, then he cannot reduce it. NMCC – 100 rub. CPU 1 95 CPU 2 90 CPU 2 85 (same participant, unacceptable) The second phase begins if within 10 minutes from the last price offer, none of the participants offered a new price.

This stage also lasts for 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the auction step, and it cannot be lower than the minimum offered in the first phase. EA start time: 12:00:00 NMCC – 100 rubles CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from last) CPU 1 85 12:19:00 (9 minutes from last) 12 :29:01 — 12:39:01 second phase If within 10 minutes after the start none of its participants submitted a price, then this procedure is considered failed.

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• 44-FZ
• Timing of the electronic auction under 44-FZ

The term of an electronic auction under 44-FZ means the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and within what timeframes, according to the law, they must take place. 1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMCC: if it exceeds 3 million rubles, then the notice must be posted 15 days (or more) before the closing date for accepting applications.

If the amount is less than 3 million rubles. - then in 7 days (or more). 2. There are times when it is necessary to make changes to the notice or documentation itself.

The customer has time for this, but no later than 2 days before the deadline for accepting applications.

An electronic auction is undoubtedly the most popular competitive procedure carried out within the framework of the Federal Law of April 5, 2013 No. “On contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Her distinctive feature is the versatility that allows this method to be used in almost any situation.

And indeed, when compared with other procedures provided for by the law on the contract system, the auction has almost no restrictions and allows you to conclude a contract for any amount and purchase any types of goods, works and services.

Features of supplier participation in an electronic auction under 44-FZ

Today, an electronic auction is the only procedure that takes place entirely digitally from start to finish. This state of affairs has both positive sides, and negative.

Since submitting applications, conducting tenders and concluding a contract is carried out on the Internet through an electronic trading platform (ETP), this allows suppliers located many kilometers from the customer to participate in tenders. This, of course, expands the circle of potential participants and, as a result, increases competition, which in turn enables the organizer to conclude a contract at the most favorable price.

The negative side of this approach is that it complicates the procedure for supplier participation in the auction. Since all stages are implemented digitally, the participant should obtain an electronic digital signature and register on the trading platform where the auction will take place. Without this, participation in the auction will simply be impossible.

While registering on any of the marketplaces is straightforward, setting up the workspace, application, bidding, and contract mechanisms can be challenging for unprepared vendors.

Composition of an application for participation in an electronic auction

The application for participation in the auction submitted by the supplier consists of two parts. According to the requirements of Part 3 of Law No. 44-FZ, its first part must contain:

• agreement to supply a specific product specified by the customer, or the exact characteristics of the product proposed for delivery, as well as the country in which it was produced;
• agreement to perform work or provide services under the conditions specified in the documentation.

At the stage of consideration by the commission of the first parts of applications, information about the participants who provided them is not available. Given this, it is advisable for the supplier not to include information about himself in the first part. However, the law does not prohibit this.

The second part of the application includes constituent information and a number of documents provided for in Part 5 of Article 66 of Law No. 44-FZ.

Most of them are already posted on the marketplace - the supplier placed them there during the registration process, and therefore they do not need to be submitted again.

Conducting an electronic auction under 44-FZ

As in many other cases, the customer places a notice and documentation, which includes a description of the procedure, requirements for applications, rules for their submission, technical specifications and a preliminary contract template. The notice is published in the Unified Information System seven (purchase up to three million rubles) or fifteen (over three million rubles) days before the end of accepting applications. Consideration of the first parts lasts no more than seven days from the date of application submission.

When the commission posts a protocol with the results of the first stage of selection of applications on the government procurement website, it is time for bidding. Two days after the protocol, the auction is scheduled for the first working day. The exact time is indicated in the notice. Bidding goes down by submitting price proposals by participants in increments ranging from 0.5% to 5% of the initial (maximum) contract price.

Consideration of the second parts of applications

When the bidding is completed, the ETP sends to the customer the second parts of the first ten (if any) bids from those participants who made the lowest price offers. They are considered no more than three working days. The winner of the auction is the participant who was able to lower the price more than others, and his application satisfies all documentation requirements.

An auction under 44-FZ is mandatory if the product, work or service is on the list determined by the Government of the Russian Federation. Next, we will talk about the features of this method of identifying a supplier and present a step-by-step scheme for conducting an electronic auction under 44-FZ for the customer.

When is it necessary to conduct an electronic auction under 44-FZ?

First, let's look at what an electronic auction is under 44-FZ. This is a procedure that is carried out on the trading platform. Participants submit two parts of the application. As part of the auction under 44-FZ, they are reducing the NMCC by one step. The winner is the one who offered the lowest cost of fulfilling obligations and meets all the customer’s requirements.

The customer is obliged to conduct an auction in electronic form if the product, work or service is included in the list from the order of the Government of the Russian Federation dated March 21, 2016 No. 471-r or in an additional list developed by a government agency. Positions are included in such lists if two conditions are simultaneously met:

• The criteria for determining the winner are quantitative and monetary.

The Government's list includes:

• coal;
• oil;
• food products;
• textile;
• tobacco;
• paper;
• electrical equipment;
• vehicles;
• car repair services;
• sewerage services;
• buildings and work on their construction, etc.

Customers have the right to conduct an electronic auction in other cases not specified in this regulatory act.

Electronic auction: what is the article under 44-FZ

Several articles of the Law on the Contract System are devoted to the electronic auction under 44-FZ. Article 59 talks about when it is mandatory to hold an electronic auction under 44-FZ. Article 61 provides the procedure for accreditation on the trading platform. Please note that from 2019 it will no longer be valid.

Article 62 of 44-FZ on the electronic auction is devoted to the register of procurement participants accredited to the ETP. Articles 63-64 discuss the contents of the notice and other auction documentation. Article 65 talks about the procedure for providing documentation about an electronic auction. Article 66 is devoted to filing applications. Article 67 talks about the procedure for considering their first parts.

Submission of applications under 44-FZ for an electronic auction

Let's consider the procedure for conducting an electronic auction under 44-FZ. Step-by-step instructions include several steps. First, the customer prepares auction documentation. After the notice is published, participants begin submitting applications. They are still in two parts. In the first, the participant does not reveal his name, but provides information about the product, work, service he is offering and agrees to the supply, provision of services or performance of work. You can attach an image of the product to it.

The second part provides information about the participant himself. Also, the second part of the application contains documents on the product’s compliance with the requirements, a decision on approval of a major transaction and, if necessary, a declaration of affiliation with small enterprises and SONCO.

Imagine the situation - you are holding an auction and accepting applications. And in the total number of applications, one unusual one is discovered. Everything about it is standard, except for one thing. The participant indicated not one, but several countries of origin of the product.
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The deadline for submitting applications depends on the NMCC. If it is less than 3 million rubles, participants have at least 7 days, if more - 15 days. The customer has the right to set longer deadlines. He determines the dates for the electronic auction under 44-FZ independently, guided by the schedule.

Participants submit both parts of the application simultaneously through the functionality of the trading platform. The operator gives an answer within an hour: whether the application was accepted or not. It can be rejected if the participant did not provide security, violated the deadline for sending proposals, submitted two or more applications, as well as if the term of his accreditation to the ETP is coming to an end or the documents are not digitally signed.

Conducting an auction under 44-FZ: step-by-step instructions

Let's imagine step by step instructions on how to conduct an auction under 44-FZ. It is worth mentioning that during the bidding period, bidders have the opportunity to request clarification of the auction documentation. They can do this no later than three days before the end of the deadline for sending proposals. The customer places the answers in the Unified Information System. After the deadline for submitting applications has expired, the commission begins to consider their first parts. In 2018 it decreased. This time period was tied to the NMCC. If it is less than 3 million rubles, the commission has only one day to evaluate them. For other purchases, the deadline remained the same - 7 days.

Half of the errors that inspectors identify in competitive procedures are related to violation of deadlines. We have developed a tool that will not only make your work easier, but will help you avoid fines. . Also, read what four mistakes in procurement deadlines are most often fined for customers.

At the first stage, the commission determines whether the declared products meet the customer’s requirements. At the same time, government agency employees do not know the names of the participants or any other information about them. Based on the results of the review, a protocol is drawn up with a list of those admitted to the main procedure. The auction is held on the first working day after two days have passed from the moment the first parts of applications are considered. Participants place their bets, reducing the NMCC by one step. The winner is the one who last offers the lowest cost of fulfilling the contract.

The next stage is the evaluation of the second parts of applications. The commission does not consider all proposals, but only the first 10, the authors of which offered the lowest contract price during the auction. An exception is made only for procedures for which 10 or fewer applications were initially submitted. In order of ranking, applications are checked for compliance with the requirements of the auction documentation. The commission’s task is to identify 5 applications that fully meet the customer’s conditions.

The next stage is choosing a winner and concluding a contract. The law establishes the following deadlines:

• after publication of the protocol in the Unified Information System, the customer has five days to publish the draft contract without his signature;
• then, within five days, the winner either signs a contract or sends a protocol of disagreements;
• if there are no complaints and the contract is signed, the customer must sign the document within three days.

You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”

Attached files

• Electronic auction documentation.docx