Auction in electronic form: procedure, rules for participation, features. Conducting electronic auctions Schedule for an electronic auction for 44 FZ

The timing of the auction under 44-FZ in 2018 has changed. In particular, the period of consideration of the first parts of bids for purchases with an initial contract price of up to 3 million rubles became different. We will tell you more about the timing of the 44-FZ auction and their changes below.

Deadline for filing applications under 44-FZ for an electronic auction

Time table for all competitive procedures

☆ What is dangerous about the timing of competitive procedures;
☆ What are the 4 most common timing errors;
☆ Why is a timeline map useful and why is it better than a calendar:

The time map will help you avoid mistakes because it calculates the time frame automatically, taking into account holidays and weekends. She will insure when working in the EIS and will leave time - one day - to go through treasury control.

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

After submitting the application, the ETP operator assigns it a number and sends a notification to the participant. This can take up to an hour. The application can be rejected already at the stage of verification by the operator of the ETP. This will happen if:

• the participant violated the deadlines for filing applications for an electronic auction under 44-FZ;
• (applications cannot be submitted if there are less than 3 months left until the end);
• money has not been deposited to secure the application;
• documents are not signed with an enhanced electronic signature;
• the participant sent several applications.

Who sets the start time for the electronic auction

According to the amendments that came into force in 2018, only participants accredited on the ETP and registered in the EIS can participate in the auction.

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

The procedure itself is as follows: participants reduce the declared initial price by a step. The winner is the one who offers the lowest contract execution cost last.

Could the last day for submitting applications be a weekend? Or is it better to move the deadline to a working day?

Electronic auction under 44-FZ: timing, procurement algorithm

If the deadlines for filing applications for the electronic auction under 44-FZ in 2018 remained the same, then the time period allotted for the consideration of their first parts was tied to the NMCK and reduced for small purchases. If the contract price is up to 3 million rubles, the commission has only one day to evaluate them. For other purchases, the period remained the same - 7 days.

During the consideration of the first parts of the applications, the commission determines how the product, work or service meets the stated requirements. Some participants are not admitted to the main procedure. The auction itself is conducted as follows: participants reduce the initial contract price by a step. The last one to offer the lowest price is declared the winner of the procedure.

The next stage is the evaluation of the second parts of the applications. The term for their consideration is still a maximum of three days. It is counted from the moment. The ETP operator selects 10 bids, whose authors offered the lowest price during the auction. Further, the commission, in the order of ranking, checks the applications for compliance with the requirements. The winner is the participant who offered the best price, and his application, its first and second parts, are recognized as meeting all the requirements.

Electronic auction: timing

Consider other terms of the 44-FZ auction. The law establishes the period for giving clarifications to the auction documentation. Participants can apply for additional information at least three days before the end of the proposal submission deadline. Then the customer has two days to answer the questions. The answer is posted in the EIS. Each participant has the right to send no more than 3 requests.

Speaking about the timing of the auction in electronic form in accordance with 44-FZ, one cannot but touch upon the procedure for signing a contract based on the results of the purchase. The law establishes the following algorithm:

1. within five days after the publication of the protocol in the EIS, the customer places in the EIS and on the ETP website a draft contract without his signature;
2. the winner has 5 days to send the signed document together with the confirmation of contract enforcement;
3. within three days thereafter, the customer must sign.

Attached files

• Terms of electronic auction for 44-FZ in the table.xlsx

Before holding an open auction in electronic form, the customer places a notice of the upcoming auction on the official website at least 20 days before the deadline for submitting applications. In this case, if the price of the lot does not exceed 3 million rubles, the customer has the right to place such a notice at least 7 days before the deadline for accepting applications.

The notice of an electronic auction shall indicate:

• the address of the electronic trading platform where the bidding will take place, the name and contact details of the customer;
• the subject of the contract (the quantity of the supplied goods or the amount of work);
• place of delivery of goods or performance of work;
• lot (contract) price;
• deadlines for accepting applications for participation;
• the date of the open electronic auction.

The notice of an electronic auction is duplicated on the electronic trading platform selected by the Customer. Additionally, the date of expiry of the period for consideration of applications and a closed list of documents that must be submitted to the participant to confirm compliance with the requirements of the auction documentation are reported.

Clarification of the provisions of the auction documentation

After the notice has been published, the procurement participant has the right to send a request for clarification of the auction documentation. Upon receipt of such a request, the operator forwards it to the customer within an hour without disclosing the name of the participant who asked the question. The customer, within 2 days from the receipt of the request, submits an explanation of the auction documentation on the all-Russian public procurement website. In this case, the response time to the request is controlled by the FAS in automatic mode by means of the site.

Requests for clarification can be accepted by the customer no later than 5 days before the deadline for accepting applications for participation, if the lot price exceeds 3 million rubles, and 3 days if the price of the contract is no more than 3 million rubles.

Changes to the auction documentation can be made no later than 5 days before the deadline for accepting applications for participation in electronic trading. At the same time, the deadline for submitting applications for electronic auctions should be extended so that from the moment of publication of changes on the all-Russian public procurement website and until the day of the deadline for accepting applications, there are at least 15 days (if the lot price is more than 3 million) or at least 7 days (if contract price does not exceed 3 million).

Consideration of the first part of the application for participation in the auction

If the application is executed properly, within an hour from the moment of its receipt, the operator blocks funds intended for participation in electronic trading (before this, the participant must deposit money to the account of the electronic platform). The amount of blocking is determined by the amount of security for an application for holding an auction in electronic form. The application is assigned a serial number. It should be noted that a participant in an order placement can submit only one application to participate in a specific electronic auction.

The application is rejected in several cases:

• if there are not enough funds on the participant's account to block the order collateral;
• if in three months or earlier the accreditation on the ETP ends;
• if the information about the product does not comply with the requirements of the auction documentation;
• when submitting false (incomplete) information;
• if a participant tries to submit two or more applications for participation, while all his applications are returned to him;
• when submitting an application after the end of the admission period.

Electronic auction

Electronic auctions are held 2 days after the consideration of the first parts of applications, on a working day. Trades are carried out by reducing the total initial (maximum) lot price specified in the notice. During the holding, you can submit to the auction any offers that change the best price, with an auction step from 0.5 to 5% of the initial contract price. At the same time, you cannot worsen your own price offer and improve your offer if it is the best at the moment. The time for receiving bids on the price of a lot from participants in the placement of an order is 10 minutes from the beginning of the auction in electronic form. The time is updated automatically after reducing the initial lot price using the software and hardware of the electronic platform. If within the next 10 minutes there are no offers for price reductions, the auction ends automatically.

The auction is recognized as valid if the number of participants who submitted an application and took part in the electronic auction is more than one.

Consideration of the second parts of applications

Within an hour from the moment the protocol of the electronic auction is posted on the electronic trading platform, the operator of the electronic trading platform sends the second parts of the orders to the customer, along with the first, ranked in descending order. The customer reviews the first 10 applications before identifying 5 that meet the requirements. If there are none, the operator sends the remaining orders to the customer.

Conclusion of a government contract

The state contract is concluded with the winner of the auction in electronic form or with a person whose application is recognized as meeting the requirements established by the auction documentation. At the same time, those participants who received the first 3 places as a result of electronic trading do not have the right to withdraw their applications. The collateral remains blocked until the conclusion of the contract.

The process of concluding a contract is carried out with the participation of the operator of the electronic trading platform and in the presence of a certificate for the ES key, which gives legal significance to the actions.
If the participant in the order placement evades signing the state contract, the operator of the electronic platform enters information about the participant in the register of unscrupulous suppliers for a period of 2 years without the possibility of appeal, notifies the participant about this and transfers to him the amount of securing the application.
The time frames during which the auction is held in electronic form, from the moment the notice is posted to the conclusion of the contract, can be clearly summarized in the following table:

Cancellation of an electronic auction

The customer may refuse to hold an open auction, for which he places a corresponding notice on the all-Russian public procurement website. The customer has the right to make a decision to cancel the auction no later than 10 days before the deadline for submitting applications for participation. If the lot price is less than 3 million rubles, electronic auctions can be canceled 5 days before the deadline for submitting applications.

Due to its simplicity, low cost and high level of automation, an electronic auction is the preferred method for identifying a supplier for both customers and contractors. Through this procedure, you can purchase most of the goods and services under government contracts. There are also no restrictions for performers - all suppliers can participate, regardless of their size and organizational and legal form.

How an electronic auction is conducted

An electronic auction is held on the electronic trading platform(ETP). Trades in 44-FZ are held only at six federal venues. To get access to a specific auction, a participant must be accredited on the ETP that holds it. To do this, you will need a small set of documents and.

Stages of the

The auction includes several stages:

Registration in ERUZ UIS

From January 1, 2019 to participate in trades under 44-FZ, 223-FZ and 615-PP registration is required in the register of URUZ (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:

1. Preparation for the procedure. Suppliers look for suitable tenders, customers place them.
2. Preparation of applications. Suppliers prepare the first and second parts of the bids.
3. Submission / acceptance of applications. Suppliers submit the first parts of the applications, the customers consider them.
4. Bargaining. Suppliers who got access to the auction, as a result of which the winner is determined.
5. Consideration of the second parts of applications.
6. Conclusion of a contract.

Auction mechanism

Participants who, based on the results of consideration of the first parts of applications, received admission to trading, on the appointed day and hour "enter" the auction hall on the ETP. The procedure begins and the participants submit their proposals. If within 10 minutes there was not a single new offer, that is, the price of the object to be purchased has not changed, the auction is declared closed. The system automatically determines the winner of the auction, as well as the participants who took the second and third places.

During the auction, the customer does not see which of the participants is making an offer. That is, they participate in the auction impersonal suppliers... Only after the winner is determined, the customer will receive information about him. This mechanism allows for fair competition.

How long does the auction last? Law 44-FZ does not stipulate this point. The time of the auction is determined by the number and activity of the participants. It happens that the winner is determined after 1-2 bids.

When the auction is over

So, the system has identified the participant number "1". Within 30 minutes from the moment of the auction closing, a report on the performed procedure is automatically generated. You can see it on the electronic platform. It includes information about the price offers of all participants. Information about suppliers who took places from 1 to 3 is sent to the customer within an hour after the auction is closed.

Now the customer must evaluate second parts of applications winning participants. If the bid of participant No. 1 fully meets the auction documentation and the customer's requirements, then a contract is concluded with him.

Note! When the winner is determined, he cannot refuse to conclude the contract. The customer also has no such right.

If the second part of the application did not satisfy the customer's requirements, then the contract is concluded with participant No. 2. Of course, in the event that his application has been verified. If there is a failure, then participant No. 3 is checked. If his application is also recognized as not meeting the requirements, the auction will be declared invalid.

Within 3 working days from the date when the protocol of the auction was published on the ETP, the final protocol must be drawn up. It is signed by the members of the customer's auction commission and placed in the EIS no later than the next working day.

This is followed by a stage conclusion of a contract... Within 5 days from the date of signing the final protocol, the customer places in the EIS a draft contract, in which the contractor's data is entered. In the next 5 days, the supplier must sign an EDS contract. In case of errors or discrepancies with the text of the draft contract, the supplier submits.

Another 3 working days are allotted for the signature of the customer. As soon as he places the signed contract in the EIS, he will be considered concluded.

Rules for participation in the auction

1. General Provisions

1.1. The Auction Organizer is ArtInvest Vostok LLC hereinafter referred to as the Auction Organizer

1.2. LLC "ArtInvest Vostok" carries out activities for the sale of antiques and contemporary art to interested parties (auction participants)

1.3. When preparing and holding auctions, the Auction Organizer is guided by the current legislation of the Russian Federation, including the Civil Code of the Russian Federation, the Law on the Protection of Consumer Rights of the Russian Federation, as well as its own Charter and these Rules

1.4. LLC "ArtInvest Vostok" acts as an agent of the Seller

1.5. The official website of the Auction Organizer is located at

2. Participation in the auction

• Adult and fully capable individuals can participate in the auction.
• Legal entities can participate in the auction
• The organizer of the auction reserves the right to refuse to participate in the auction without giving a reason
• The organizer of the auction has the right to demand from the Buyer, participating in the auction for the first time, a deposit of 10% for lots from 1,000,000 rubles.

2.1. Full-time participation

2.1.1. For full-time participation in the auction, the Buyer must go through the registration procedure - fill out the registration form and provide a photocopy of the passport. By filling out the registration form, the Buyer confirms his agreement with the rules of the auction, and also undertakes to pay for the purchased lots. You can register for the auction immediately before the start of the auction at the office of the Auction House No. 1 at Khamovnichesky Val, 10

2.1.2. After completing the registration procedure, the Buyer receives a bid card, which is the only evidence confirming the right to participate in the auction. The recipient of the bid card bears full responsibility for it, even if it ends up with third parties

2.2. Absentee participation

2.2.1. For absentee participation, the Buyer must register on the website or by phone 8-800-302-63-32

2.2.2. To register on the site, the site must fill out the proposed form and provide a photocopy or photo of the passport (the first page and the page with the registration mark). After registering the Personal Account on the website and confirming the registration, the Buyer will have access to the Leave absentee bid function on the page of each lot in the auction. By clicking on the Leave absentee bid button, you must enter the maximum rate (excluding the auction house commission) that the Buyer is willing to pay for the selected lot. In your Personal Account in the My bids section, you can change the bid amount or cancel it, but no later than 2 hours before the start of the auction

2.2.3. To register an absentee bid by phone, the Buyer must also provide a photocopy of the passport (the first page and the page with the registration mark) and contact information. Absentee bids by phone are accepted no later than 2 hours before the start of the auction

2.2.4. The organizer of the auction undertakes to execute the left absentee bid at the lowest possible price

2.2.5. With the same absentee bids, the priority is given to the bet made earlier than the others.

2.2.6. If the absentee bid is equal to the rate of the full-time participant in the hall, priority is given to the rate made in the hall

2.3. Bidding by phone

2.3.1. An application for trading by phone is carried out in accordance with clauses 2.2.1, 2.2.2 and 2.2.3. In order to leave a request for bidding by phone through the website, on the page of the selected lot, you must click the Request for bidding by phone button.

2.3.2. The organizer of the auction provides telephone auction services at its own expense, but is not responsible for the quality of telephone communication

2.3.3. If there are no other bids for the lot, the Buyer who ordered the auction by phone undertakes to give the starting price

2.4. Online bidding

2.4.1. To participate in online trading, the Buyer can use the bidspirit.ru electronic platform. You can read the rules of participation and register for participation in the auction on the website www.bidspirit.ru.

2.4.2. When buying lots through the bidspirit system, an additional 2% will be added to the commission of the Auction House

3. Procedure for holding an auction

3.1. The source of official information about the items presented at the auction is the catalog published on the website of the Auction Organizer at

3.2. Descriptions of items in the catalog, including information about the condition and restoration, are for informational purposes only. The Organizer undertakes to provide the Buyer with the opportunity to get acquainted with the items at the pre-auction exhibition, the time and place of which is indicated on the website in the catalog of the relevant auction. The buyer decides to purchase the item on his own after a personal inspection of the lot. After the end of the auction, claims for the condition and description of the items will not be accepted and cannot serve as a basis for refusal to pay for the lots won.

3.3. Trades are conducted by the auctioneer and regulated by the secretary. The auctioneer accepts, analyzes and adjusts bids placed before and during the auction. The final decision on controversial issues arising during the auction remains with the secretary.

3.4. The organizer reserves the right to withdraw any lot from the auction without giving any reason. The auctioneer shall provide information about the lots withdrawn from the auction before the start of the auction.

3.5. Lots are put up for auction in the order corresponding to the numbering in the catalog

3.6. When placing a lot for auction, the auctioneer announces its number, description and starting price. If an absentee bid was left for the lot, the auctioneer also informs about this fact before the start of the bidding for the lot.

3.7. After the auctioneer announces the price of the lot, raising the bid card, just like the offer made on the electronic platform or through telephone bidding, means the Buyer's irrevocable consent to purchase the lot at the price announced by the auctioneer.

3.8. The auction step is announced by the auctioneer and is about 10% of the previous lot price. The auctioneer has the right to establish a different step size by announcing this to the auction participants.

3.9. The winner is the participant who offered the maximum rate in the hall, by phone, on the Internet or in an absentee bidet.

3.10. During the auction, photo and video filming without the permission of the Auction Organizer is prohibited.

4. Payment and delivery

4.1. At the end of the auction, the Buyer will be invoiced to pay for the lots. The final amount consists of the value of the lots at the end of the auction, as well as the commission of the auction house in the amount of 15% or 20%.

4.2. Payment of the invoice is made by the Buyer within 10 working days. Payment terms can be changed by mutual agreement

4.3. Payment for the won lots is made in rubles in cash at the cash desk, by bank cards or by wire transfer to the company's account

4.4. The system of commission fees from the Buyer is differentiated.

4.4.1. If paid within three business days after the auction, there is a 15% buyer commission. For Buyers paying for the won lots by bank transfer, the day of payment is the day of transfer of funds to the account of the Auction House with confirmation of the recipient's bank

4.4.2. When paying on the following days, the commission from the Buyer is 20%

4.4.3. When buying lots through the bidspirit online platform, an additional 2% will be added to the commission fee. In this case, the Auction House commission is 17% - if paid on the first three working days, 22% - if paid on the following days

4.4.4. When paying by bank cards, an additional 2% is added to the final account

4.5. If the won lots were not paid by the Buyer within 10 working days from the date of the auction and if other payment terms were not agreed, the Auction Organizer has the right to proceed with the further sale of the item.

4.6. The Auction House has the right to prevent the Buyer who has violated clause 4.2. From participating in the auctions. Information about unscrupulous Buyers is disseminated among the participants in the antique market.

4.7. After full payment of the cost of the lot, the Buyer can pick up the won item at the Auction Organizer's office or arrange for delivery by one of the courier services. Shipment of lots is possible only within the territory of the Russian Federation. There is a possibility of delivery of lots within Moscow within the Moscow Ring Road. Shipping and insurance are paid by the Buyer additionally. Delivery and insurance conditions depend on the courier service chosen by the Buyer. The auction house is not responsible for the actions of courier services.

4.8. The Auction House does not deal with the registration of permits for the export of items outside the Russian Federation and cannot guarantee the receipt of such documents issued by the Ministry of Culture of the Russian Federation.

5. Guarantees of the organizer of the auction

5.1. The organizer of the auction undertakes to place in the auction catalog all information at its disposal about the items. In this case, the Buyer is granted the right to preview items at the pre-auction exhibition, the date and time of which are indicated in the catalog on the Auction House website

5.2. The Buyer's statement that the purchased item may be a fake is accepted within 1 (one) month from the date of the auction. A bidder making a claim in relation to the purchased item must provide at least two separate independent expert opinions from the institutions issuing opinions in accordance with the subject matter of the auction

5.3. The Auction House is considering the possibility of reimbursing the funds spent by the Buyer for the purchase of the item (s), unless

• the description in the auction catalog corresponds to the opinion of recognized experts on the day of the auction and / or the work is accompanied by an appropriate expert opinion
• at the time of publication of the Catalog, there was no scientific research method that established the fact of the inauthenticity of the subject

5.4. The returned item must be delivered to the Auction Organizer's office in the same condition in which it was sold on the day of the auction.

5.5. The buyer is not entitled to claim compensation in excess of the price paid by him, as well as to claim compensation for additional costs and moral damage

5.6. Return guarantees apply only to the direct Buyer of the item, which must be documented. The returned item must be exempted from property claims of third parties, which is confirmed by the owner.

5.7. The organizer of the auction guarantees the confidentiality of information about the names and addresses of clients, as well as information about the items purchased or sold by them at auctions.

Electronic bidding and auctions - these are events held in electronic form aimed at selecting a contractor (supplier of goods or services) in accordance with the terms of the contract concluded with the customer. In our article you will find information about the rules for conducting such trades and the procedure for securing orders submitted by their potential participants.

Auction rules

The main auction rules in electronic form are established by the provisions of Art. 68 of the Law "On the Contract System ..." dated 05.04.2013 No. 44. The list of these rules is as follows:

Don't know your rights?

1. Only those applicants who have received accreditation on an electronic platform serving as a venue for the event can become participants in the event.
2. In the course of the auction, the cost of fulfilling the terms of the contract is gradually reduced.
3. The “auction step” (the maximum value by which the original contract price can be reduced at one time) ranges from 0.5 to 5 percent of the originally declared value.
4. The event is considered to be completed if no new, more profitable, offers have been received within 10 minutes from the moment of the last proposal.
5. The winner of the auction is the participant who has expressed his consent to the execution of the contract on the most favorable terms for the customer (i.e., who has set the minimum cost of his services).
6. Based on the results of the electronic auction, a protocol is formed, which must be posted on the electronic platform serving as the venue for the auction within 30 minutes from the moment of its completion.

Securing applications for tenders and auctions

According to the provisions of Art. 44 of the Federal Law No. 44, an important point in organizing electronic trading is the establishment by the customer of requirements for the amount of cash collateral for applications for participation in the event. Security during an electronic auction is made by depositing funds to the account of the trading platform, which acts as a place for the auction. If a potential contractor forms an application for participation in the competition, its provision can be carried out both by transferring money and by issuing a bank guarantee, which must be valid for at least 2 months from the date of the end of accepting applications for participation in the event.

The amount of collateral is determined by the organizer of the auction, while, in accordance with Part 14 Thu. 44 ФЗ № 44, it should be directly dependent on the initial (maximum) contract price (NMCK):

• if the NMCC does not exceed 3 million rubles, - 1 percent of its value;
• with the NMCK, the amount of which exceeds 3 million rubles, - from 0.5 to 5 percent.

So, the provisions of Federal Law No. 44 establish clear rules for conducting electronic auctions, which must be adhered to when organizing and implementing these activities. In addition, the same law establishes the obligation of potential participants to provide security for their applications for participation in the auction, and also defines the exact procedure for calculating its size.