The auction is considered invalid. Failed electronic auction. actions of participants if the electronic auction (OAEF) is declared invalid. protocol of the failed oaef, electronic auction. Failed auction - consequences

Hello!

You can in accordance with Article 93.44 of the Federal Law

25) recognition as invalid of an open competition, a competition with limited participation, a two-stage competition, a repeated competition, an electronic auction, request for quotations, request for proposals in accordance with parts 1 and 7 of Article 55, parts 1 - 3.1 of Article 71, parts 1 and 3 of Article 79, part 18 of Article 83 of this Federal Law. Approval of the conclusion of a contract in these cases, with the exception of cases of concluding contracts in accordance with parts 4 and 5 of Article 15, parts 1 - 3.1 of Article 71, parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of the subject Russian Federation, municipal needs according to federal body executive power, authorized to exercise control in the field of procurement, or a control body in the field of state defense procurement, an executive body of a constituent entity of the Russian Federation, a local government body municipal district or a local government body of a city district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction. The customer’s request for approval of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than ten days from the date of placement in a single information system relevant protocols containing information on recognizing the determination of the supplier (contractor, performer) as invalid. In this case, the approval period should not be more than ten working days from the date of receipt of the specified request. A contract with a single supplier (contractor, performer) is concluded within a period of no more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for in parts 4 and 5 of Article 15 of this Federal Law, within a period of no more than twenty days from the date of placement in unified information system of relevant protocols containing information on recognition of the determination of the supplier (contractor, performer) as invalid, or in cases provided for in parts 1 - 3.1 of Article 71, parts 1 and 3 of Article 79 of this Federal Law, within the time limits established respectively by Article 70 and part 13 Article 78 of this Federal Law. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body for regulation contract system in the field of procurement;

If one application is submitted to participate in an auction under 44-FZ, then such an auction is considered invalid (Clause 16, Article 66 of Law No. 44-FZ). Read what a contract manager should do and whether the customer can enter into a contract with a single supplier.

In order to correctly submit an application for participation in an electronic auction, a potential participant, before submitting an application, studies the documentation and evaluates his capabilities. After the deadline for filing an application has expired, the auction is declared invalid if one application under 44-FZ is submitted at the electronic auction. Even under such circumstances, sole supplier the possibility remains that the customer will enter into a contract with him.

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If a single application is submitted under 44-FZ

How to submit an application for participation in an electronic auction correctly according to 44-FZ

In order for the only participant in the auction to become the winner and conclude a contract, you need to correctly draw up an application. It is important to remember that the application consists of two parts, both of which must comply with legal and documentation requirements. Law No. 44-FZ contains in Art. 66 a complete list of requirements for both parts of the application.

The first part of the application includes:

• the participant’s agreement with the conditions specified in the auction documentation and not subject to change;
• country of origin of the goods, if the customer establishes the relevant conditions in the documentation;
• specific characteristics of the product and indication of the trademark. An indication of a trademark is included when there is no indication of it in the documentation or when the trademark of the participant’s goods differs from the sign specified by the customer;
• You can include sketches, drawings, drawings, any images of the product.

How to consider the first parts of applications for participation in an electronic auction,

The second part of the application includes:

• name, location (for legal entities), postal address of the auction participant, full name, passport details, place of residence (for individuals), TIN, contact number, extract from the Unified State Register of Real Estate;
• documents confirming that the auction participant meets the procurement requirements;
• copies of documents confirming that the goods comply with the requirements of the legislation of the Russian Federation. The provision of such documents must be provided for in the auction documentation;
• a copy or original of the decision on a major transaction. Provided if, by law, the transaction is considered to be large, or if the contract to be concluded or the amount of security for the application will be large for the participant;
• copies or originals of documents giving an advantage to the auction participant under Art. 28 and 29 of Law No. 44-FZ, if the participant claims such benefits;
• documents, copies or originals confirming the country of origin of the goods, as reflected in Art. 14 of the Law. Such documents include, for example, a certificate or declaration of conformity of a product;
• a declaration of affiliation with the SMP or SONO is provided if the customer has established restrictions in the auction documentation.

How to consider the first parts of applications for participation in an electronic auction and how to draw up a final protocol,

If only one application is submitted to participate in the auction, it will be declared invalid. At the same time, the opportunity to conclude a contract remains if both parts of the application the only participant do not contradict 44-FZ and electronic auction documentation. A participant should not relax in a situation where his application turned out to be the only one. The auction commission will check each item of the application for compliance. The participant, at the stage of preparing the application, needs to be attentive, including to the little things.

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

Attached files

• Protocol for consideration of a single application for participation in an electronic auction.docx

In most cases, when the phrase “the purchase did not take place” is announced, participants have the impression that either there are no proposals for the tender, or all applications for participation in it have been rejected. However, there are many more cases where a purchase is declared unsuccessful.

Consider this for different stages procedures.

All bases are collected in the table.

Competitive procedures

If during a competition a public procurement is declared invalid, 44-FZ provides for two cases further development events: carry out a new or repeated one, or purchase from a single supplier.

The difference between a new government procurement and a repeated one is that if the object, volume, requirements for participants do not change, that is, all conditions remain the same (except for the period for fulfilling the terms of the contract, which is extended for the period necessary for the repeated order, as well as the initial price, which can be increased by no more than 10%), then the order is repeated, otherwise - new.

When there are no applications submitted or they are found to be inappropriate, the procedure is repeated. Publication of a notice in repeat procedure carried out at least 10 days before the date of opening the envelopes (not 20 days, as usual).

If a repeat competition does not take place in the future for the same reasons (Part 2 of Article 55), then the customer has the right to carry out the procedure by reducing the deadline for submitting applications to 5 working days or in another way at the discretion of the customer.

If the procurement does not take place, the sole supplier enters into a contract if its application meets the requirements of the law and documentation. In this case, the customer must receive (clause 25, part 1, article 93).

This group will not include the case when, based on the results of the prequalification selection of a two-stage competition, only one participant is recognized as meeting the requirements (). The customer makes the purchase again, due to the fact that it is not possible to discuss the characteristics of the order object with several suppliers.

Electronic auction

When recognizing an electronic auction failed customer or enters into a contract with, while approval from the control body is not required (in cases provided for in Part 16 of Article 66, Part 8 of Article 67, Part 20 of Article 68, Part 13 of Article 69).

Or, if the auction did not take place, changes to the procurement plan are made if necessary in accordance with Part 6 of Art. 17, changes in the schedule are required, then the order is carried out again (part 16 of article 66, part 8 of article 67, part 13 of article 69, part 15 of article 70). Art. 92, in addition to the possibility of re-ordering, the customer has the right, in agreement with the control body, to purchase from a single supplier in accordance with clause 24, part 1 of Art. 93.

Sometimes for a number of reasons electronic auction according to 44-FZ may not take place (more precisely, it will be declared failed).

1. The auction did not take place if there was only one participant
In this case, the customer enters into a contract with this participant as the winner, provided that the second part of the application meets the established requirements under 44-FZ and auction documentation. Coordination with regulatory authorities in in this case is not required, since according to the conditions, one application is sufficient for quorum, if it is completed correctly. Naturally, if you refuse, you will be held liable as if you had participated in a full-fledged tender with many participants and won it. If you submitted a single application, and it did not pass, the customer must hold a new auction.

2. The auction did not take place if there were several participants
a) Let’s assume that there are several participants in an electronic auction, but only one of them meets the requirements for the second part of the application. Accordingly, in this case the rule of paragraph “1” is applicable, that is, the government customer enters into a contract with this participant without approval from the regulatory authority.
b) There are several participants in the auction, but the government customer rejected all applications at the stage of consideration of the second parts. The solution is to hold new auctions.

3. No bids have been submitted (there are no participants in the auction)

According to Part 4 of Art. 71 44-FZ, the customer can make a request for proposals for the auction. As part of a request for proposals after a failed auction, it is prohibited, however, to change the procurement object (however, it is formally possible, but not recommended, to change its cost, as well as the deadlines). The notice to the Unified Information System must be submitted by the customer no later than 5 days (calendar) before the day of the request for proposals. At the same time, according to 44-FZ, the customer has the right to independently send invitations to participate in the procurement process to those persons who, in his opinion, are capable of fulfilling the terms of the contract. However, in this case, these persons must be indispensable counterparties of the customer for at least 18 months before the date of request for similar supplies.

4. The auction did not take place if all applications were rejected at the stage of consideration of the first parts
In theory, this is hardly possible, but in reality, anything can happen in electronic trading. Accordingly, in this case the previous paragraph on the request for proposals is applicable. If, of all applications, based on the results of consideration of the first parts (and not the second), only one participant is admitted, then, according to Part 2 of Article 71, the problem is resolved by approval from the regulatory body.

5. The auction did not take place because none of the participants came to it
According to Part 3 of Article 71, the problem is resolved by approval from the regulatory authority (the first application that meets the conditions of the auction). If no application matches, or the application matches, but the participant is ready for termination, then the clause applicable under the terms of 44-FZ is applied:

"3. If an electronic auction is declared invalid on the grounds provided for in Part 20 of Article 68 of this Federal Law due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price:

4) the contract is concluded in accordance with paragraph 25 of part 1 of Article 93 of this Federal Law in the manner established by Article 70 of this Federal Law, with a participant in such an auction, the application for participation in which was submitted:

a) earlier than other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of this Federal Law and the documentation on such an auction.”

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. IN currently Electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of April 30, 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 April 30, 2019).

1. The concept of an electronic auction

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 placing 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 electronic platform its operator.

There is a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — auctions held in in electronic format 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.

2. Platforms for holding electronic auctions

As stated above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — is a website on the Internet where electronic trading.

3. In what cases is an electronic auction held?

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:

• to the list established by the Government of the Russian Federation (Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as amended on February 12, 2018) “On the list of goods, works, services, in the case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction )") Note: This List is a table containing OKPD2 codes and names of goods, works, and services purchased using EA. In addition, a number of exceptions to this list are indicated;
• or to an additional list at the level of a subject of the Russian Federation (Part 2 of Article 59 44-FZ).

The inclusion of goods, works, and services in the above lists is carried out if the following conditions are simultaneously met:

1. it is possible to formulate a detailed and accurate description of the procurement object;
2. The criteria for determining the winner of such an auction are quantitative and monetary.

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).

4. Accreditation of electronic auction participants

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.

Participants who were accredited to “state” electronic trading platforms before 01/01/2019 will be able to participate in procurement in electronic form without registering in the UIS until 12/31/2019. Such participants can register in the UIS at any time during 2019 of the year.

ETP operators Notlater than working day , following the day of registration of the procurement participant in the Unified Information System, accreditation of such participant on the electronic platform.

This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 44-FZ).

5. Algorithm for conducting an electronic auction under 44-FZ

In this part of the article I will describe step by step all the actions of the Customer and the procurement participant during the open auction in electronic form according to 44-FZ. Let's first look at the Customer's actions with you.

5.1 Actions of the Customer during an electronic auction

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, technical task, 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 No. 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks the availability of the contract security or bank guarantee, and signs the contract with the winner.

So, we have dealt with the actions of the Customer, now let’s look at the actions of the procurement participant.

5.2 Actions of the participant during the electronic auction

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.

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 essentially 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 in our online school“The 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 - Application Money to a special bank account

The next mandatory step is depositing funds into a special bank account. This is necessary in order to ensure your participation in the electronic auction.

Note:

• if the NMCC EA is up to 1 million rubles, then the requirement for the Customer is not established (see Decree of the Government of the Russian Federation No. 439 of April 12, 2018). Important! There is also a letter from the Ministry of Finance of Russia dated October 30, 2018 No. 24-01-07/77857 “On securing applications for participation in competitions and auctions at NMCC up to 1 million rubles; on establishing the amount of penalties in procurement documentation”, in which the Ministry of Finance says that RF PP No. 439 does not contain restrictions regarding the establishment of requirements for securing applications for participation in tenders and auctions with an initial (maximum) contract price of up to 1 million. rubles Based on this letter from the Ministry of Finance, many Customers establish requirements for securing applications (from 0.5% to 1%) in purchases up to 1 million rubles.;
• if NMCC EA is from 1 million rubles. up to 20 million rubles, then the amount of the application security is from 0.5% to 1% of the NMCC;
• if the NMCC EA is more than 20 million rubles, then the amount of the application security is from 0.5% to 5% of the NMCC;
• if the purchase is carried out among institutions or enterprises of the penal system or organizations of disabled people and the NMCC is more than 20 million rubles, then the amount of the application security is from 0.5% to 2% of the NMCC.

Stage No. 6 - Preparing and sending an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all Required 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 date and time of the deadline for submitting applications for participation in the EA, the operator of the electronic platform sends to the bank information about the procurement participant and the amount of funds required to secure the application. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic platform, blocks 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.

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.

6. Timing of the electronic auction under 44-FZ

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.

7. Calculator for conducting an electronic auction under 44-FZ

11. Requirements for participants in the electronic auction

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 legal entity, registered in an offshore zone) or any individual, including 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.

12. Application for participation in the electronic auction

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, 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 a procurement participant offers a product that is designated trademark, different from the trademark specified in the electronic auction documentation.

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.” Find out more about this manual Can .

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, the 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, parts 2 and 2.1 of Article 31 (if there are such requirements) 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) decision on approval or execution of a major transaction or a copy 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(SONKO) 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 Parts 3 and 5 of Art. 66 44-FZ documents and information are not allowed;
• An EA participant has the right to submit an application to participate in the auction at any time from the moment the notice of its holding is posted 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 clauses 1-5, part 11, 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 notification to the operator of the electronic platform.

Cases of an application being returned to a participant by the operator of an 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 .

13. Electronic auction procedure under 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 expiration of 2 days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction).

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, but not less than 100 rubles . 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”.

Requirements for price offers of auction participants:

1) an auction participant does not have the right to submit a proposal for the contract price:

• equal to the proposal previously submitted by him;
• greater than the previously submitted proposal;
• equal to zero;

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 this moment the best).

If the contract price is proposed by the EA participant, equal to 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.

The EA protocol shall indicate:

• address of the electronic platform;
• date, time of beginning and end of such auction;
• NMCC;
• all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such an auction, which were submitted by its participants who made corresponding proposals for the contract price, and indicating the time of receipt of these proposals.

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.

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:

14. How long does the electronic auction last?

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.

Minimum term conducting 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.

15. How to find out participants in an electronic auction?

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. Whether there is a legal ways 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.

16. Recognition of the electronic auction under 44-FZ as invalid

Below are cases in which an auction in electronic form under 44-FZ is declared invalid.

1. If, after the deadline for submitting applications for participation in the EA, only one application is submitted or no applications are submitted, such an auction is considered invalid (Part 16, Article 66).
2. If, based on the results of consideration of the first parts of applications for participation in the EA, the auction commission decided to refuse admission to participation in such an auction to all procurement participants who submitted applications to participate in it, or to recognize only one procurement participant who submitted an application to participate in such an auction, by its participant, such auction is recognized as invalid (part 8 of article 67).
3. If within 10 minutes after the start of the EA, none of its participants submitted a proposal for the contract price, such an auction is considered invalid (Part 20, Article 68).
4. If the auction commission decides that all second parts of applications for participation in it do not meet the requirements established by the documentation on the EA, or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as invalid (Part 13 of Art. 69).
5. If the second participant (if the winner evades the EA from concluding a contract with the Customer) does not provide the Customer with fixed time signed draft contract and ensuring the execution of the contract, the electronic auction is declared invalid (Part 15 of Article 83.2).

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

According to Part 9 of Art. 83.2 44-FZ contract 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 contract signing procedure, I have placed a visual diagram below.

Cases where the winner of an electronic auction is recognized as having evaded concluding a contract:

1. if the winner in the established art. 83.2 44-FZ deadlines did not send the signed draft contract to the Customer;
2. if the winner did not send a protocol of disagreements to the Customer within 5 days from the date the Customer posted the draft contract in the Unified Information System;
3. if the winner has not fulfilled the anti-dumping requirements provided for in Art. 37 44-FZ (in case of a reduction in the contract price by 25% or more from the NMCC).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:

• ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMTsK > 15 million rubles); ensuring the execution of the contract in accordance with Part 1 of Art. 37 44FZ or the information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of contract performance security in the amount of contract performance security specified in the procurement documentation (if NMCC< 15 млн. руб.);
• justification of the contract price in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, emergency equipment, including specialized emergency care, medical care provided in an emergency or urgent manner, medicines, fuel).

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!