End of clarification on electronic auction. Establishing the start and end dates for the period for providing clarifications. Documentation format is too complex

• On 07/16/2018
• 0 Comments
• 44-FZ, EIS, Request for quotations, Competition, NMCC, Procurement procedure, Electronic signature, Electronic auction, ETP

If the supplier has questions regarding the procurement documentation, he can contact the customer for clarification. This often happens to newcomers to public procurement, but is not uncommon for experienced participants. Law 44-FZ contains provisions on such a request, as well as on the customer’s reaction to it. In addition, this must be stated in the procurement documentation.

Who and when can send a request to the customer

Queries operate in two types of procedures:

1. In all types competitions- open, closed, with limited participation, two-stage and electronic.
2. IN auctions, including closed ones.

You can also contact for clarification request for quotations, but only in relation to the results of the evaluation of applications.

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 ( Single register procurement participants) on the portal UIS (Unified Information System) in the field of procurement zakupki.gov.ru.

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

Make a request regarding auction documentation Any person who is registered in the Unified Information System and accredited to the ETP can do so. As for the competition, any participant can submit a request for clarification. But the customer can also respond to a request sent by another person, although he is not obliged to do so.

Each participant can contact the customer for clarification no more than 3 times.

Procedure and terms

Requests for clarification under 44-FZ must be submitted within a certain period, which depends on the type of procedure. Requests for auction documentation must be submitted no later than in 3 days before the end of applications. As for competitions, the request should be submitted no later than in 5 days before the application deadline expires.

The customer must respond within 2 days Moreover, it must not only be sent to the applicant, but also placed in the Unified Information System, that is, be accessible to all interested parties. Granted for publication 1 day.

Customers often ask what to do if the deadline for a response falls on the weekend? Is it possible in this case to postpone the answer to the beginning of the work week? Unfortunately for customers, the answer is no - 44-FZ does not provide for postponement of deadlines in this case. Moreover, it is worth taking into account the time zone, because the EIS operates according to Moscow time.

In order not to break the law because of such moments, experts recommend assigning a separate employee who will monitor incoming requests and prepare responses during non-working hours.

Request form

The Public Procurement Law does not regulate the exact form of the request, so you can write freely. It is advisable to include in the request such information:

• a list of provisions that are not clear and a list of questions;
• applicant's requirements;
• links to regulations.

In addition, the request needs title so that the customer clearly understands what we are talking about.

If the request is submitted at the site, it must be signed by the EPC.

What should be in the answer

The customer must give a substantive answer - formal replies will not work. Any unclear provisions must be clarified. If the applicant's comments are justified, the customer will have to make changes to procurement documentation. If the potential participant simply clarified something, then no changes will be required.

When the request does not entail changes to the documentation, the customer must simply publish an explanation in the Unified Information System. If amendments are made to the documents, then an explanation and amended documentation must be placed in the UIS. In this case, the applicant should be additionally notified of the changes.

If we are talking about closed procedures, then the response must be sent to the participant in writing.

What to write in the explanation

Practice shows that requests for clarification are most often submitted in relation to unclear wording, clarification of GOSTs and other regulations, characteristics of the procurement object, and so on. In this case, these parameters should be explained.

The customer should be aware that if it is necessary to make changes to the documentation, in any case it is impossible change the procurement object And increase the size of the application security.

The customer gives the answer in any form, since no special form is provided. It is important to understand that the explanation should not change the essence of the documentation. In this case, it is necessary to answer each question of the applicant.

The explanation has been given - what next?

If the procurement documentation did not have to be changed, the procedure continues as usual. If the documentation has changed, the law requires extend the application deadline. It depends on the purchase price:

• for NMTsK less than 3 million rubles, participants must have at least 7 days to submit applications after last change documentation;
• for NMCC of more than 3 million rubles, participants must have at least 15 days.

If the customer does not respond

The customer is obliged to respond to fixed time. If a request is submitted on time but there is no response, the participant may file a complaint. If a violation is found fine for an official will be 15,000 rubles, for organization - 50,000 rubles.

At the same time, imposing a fine in no way means that everything will be limited to this. Supervisory authorities may issue orders regarding the procurement up to and including its cancellation.

7.1. Any participant who has received accreditation on an electronic platform has the right to send, within the time limits specified in clause 10 as the start and end date of the period for providing participants, clarifications of the provisions of the documentation to the address electronic platform, at which the auction is planned, a request for clarification of the provisions of the documentation. At the same time, he has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one auction. Within one hour from the receipt of the specified request, it is sent by the operator of the electronic platform to the customer.

7.2. Within two days from the date of receipt of the request from the operator of the electronic platform, the customer places in a single information system clarification of the provisions of the documentation indicating the subject of the request, but without indicating the participant from whom the specified request was received, provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in the auction.

Amount and procedure for securing the application

8.1. The amount of the application security is set in clause 11 Auction Information Card.

8.2. Application security is provided by the participant by depositing Money according to the details specified in paragraph 11 Auction Information Card.

II. SUBMITTING AN APPLICATION AND CONDUCTING THE AUCTION

Requirements for the content and composition of the application

9.1. Submission of applications is carried out only by persons who have received accreditation on the electronic platform.

9.2. The application for participation in the electronic auction consists of two parts.

9.3. The first part of the application must contain the following information:

The participant’s consent to perform work or provide a service under the conditions specified in the documentation.

9.4. The type of purchase is indicated in paragraph 12 of the Auction Information Card.

9.5. The second part of the application must contain the following documents and information:

1) name, company name (if available), location, postal address (for legal entity), last name, first name, patronymic (if available), passport details, place of residence (for individual), contact telephone number, taxpayer identification number of the participant or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of the participant in such an auction (for a foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the participant;

2) documents confirming the compliance of the participant in such an auction with the requirements established by subclause 1 of clause 5.1 of the documentation, or copies of these documents, as well as a declaration of compliance of the participant with the requirements established by subclauses 2-7 of clause 5.1. documentation;

3) copies of documents confirming the compliance of goods, work or services with the requirements established in accordance with the legislation Russian Federation, if, in accordance with the legislation of the Russian Federation, requirements for a product, work or service are established and if the provision of these documents is provided for in paragraph 13 Auction information card;

4) decision on approval or execution of a major transaction or a copy this decision in the event that the requirement for the presence of this decision to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and a contract is concluded for the participant or the provision of security for an application for participation in such an auction, security for the execution of the contract is a major transaction;

5) documents confirming the right of a participant in such an auction to receive benefits in accordance with clauses 3.2-3.3 of the documentation, or copies of these documents;

6) a declaration that the participant in such an auction belongs to small businesses or socially oriented organizations non-profit organizations in case clause 2 Auction information card a restriction is established in relation to participants, which can only be small businesses or socially oriented non-profit organizations.

7) documents confirming the compliance of the participant in such an auction and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions established by paragraph 4 documentation, or copies of these documents.

Law on contract system allows a participant in procurement, which is carried out through an electronic auction and open tender, to contact the organizer for official explanations of the provisions of the procurement documents. To do this, he creates the so-called Response to it will be given only if the participant complies with the conditions specified by law. For example, a request for auction documentation must satisfy the following requirements:

• received via ETP from a participant accredited on the site
• came from (the requirement came into force on July 1, 2018);
• received no later than three days before the deadline for submitting applications for participation in the auction;
• the total number of requests from one participant within this tender did not exceed three.

The customer must send a response to an appeal regarding the provisions of the tender documents in writing or in the form of an electronic document if the said appeal was received by him no later than five days before the deadline for submitting applications for participation in an open competition.

Both when conducting an electronic auction and when conducting an open tender, the customer is obliged to place in the Unified Information System (UIS) explanations of the provisions of the procurement documentation that do not change its essence, indicating the subject of the appeal, but without indicating the name and details of the participant who asked the question.

Violation of the procedure for providing responses to correctly submitted requests may result in administrative liability.

Time limits for responding to requests for clarification

The start date for providing a response is the day following the day the request was received (Part 4, Article 65 of Federal Law No. 44-FZ). The response period for clarifications of auction documentation is within two days from the date of receipt of the request. IN specified period time, the customer also posts the response in the Unified Information System.

To determine the last day when explanations can be given, it is necessary to subtract three days from the closing date for submitting applications for participation in the auction. Accordingly, the fourth day will be the deadline for providing clarifications of the provisions of the auction documents.

If a participant submits an appeal within the framework of a competition, the deadline for a response to clarifications under 44 Federal Laws for the customer is two business days, during which he is obliged to post the response in the Unified Information System.

Administrative liability is provided for failure to comply with deadlines.

Modification of documents as a result of a request for clarification

Changes to open tender documentation are provided for by the Law on the Contract System only for own initiative customer. And changes to documents on an electronic auction can be initiated by an incoming request from a procurement participant, and this is directly provided for in 44-FZ. In this case, you don’t have to change the documentation, just clarify controversial points in it. Thus, deciding to adjust is a right, not an obligation.

Such a decision must be made no later than two days before the end date of the period for submitting applications for participation in the tender. In this case, changes to the procurement object or an increase in the amount of application security are not allowed. Within one day from the date of acceptance said decision the changes made are posted in the UIS. The period for submitting applications for participation in such an auction must be extended so that from the date of posting of changes to the closing date for submitting applications for participation there remains:

• at least seven days, if the initial (maximum) contract price (lot price) does not exceed three million rubles;
• at least fifteen days in other cases.

Sample response to clarification of auction documentation

In the above example, as a result of the procurement participant’s request, the necessary changes were made to the documents.

16.1. Any auction participant who has received accreditation on an electronic platform, starting from the date of posting a notice of the auction and auction documentation on the Official Website of the Unified Information System (http://zakupki.gov.ru/), has the right to send to the address of the electronic platform on which it is planned holding an auction (specified VAuction Information Card) request for clarification of the provisions of the auction documentation. In this case, the auction participant has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the specified request, it is sent by the operator of the electronic platform to the customer.

16.2. Within two days from the date of receipt of the request from the operator of the electronic platform, the customer will post in the unified information system an explanation of the provisions of the auction documentation indicating the subject of the request, but without indicating the auction participant from whom the specified request was received, provided that the specified request was received by the customer no later than than three days before the deadline for submitting applications for participation in the auction. The expiration date for providing auction participants with clarifications of the provisions of the auction documentation is indicated in Auction information card.
Article 17. Information about the contract service, the contract manager responsible for concluding the contract, the period during which the auction winner or other participant with whom a contract is concluded if the auction winner evades concluding a contract must sign the contract, conditions for recognizing the auction winner or other participant auction by those who evaded concluding a contract
17.1. Information about the contract service, the contract manager responsible for concluding the contract is indicated in Auction information card .

17.2. The period during which the auction winner or another participant with whom a contract is concluded if the auction winner evades concluding a contract must sign the contract.

The auction winner or another participant with whom a contract is concluded if the auction winner evades concluding a contract must sign the contract within five days from the date the customer posts the draft contract in the unified information system.

Otherwise, the auction winner must post the protocol of disagreements in the unified information system no later than thirteen days from the date of posting the protocol of summing up the auction results in the unified information system.

17.3. Conditions for recognizing the auction winner or other auction participant as having evaded concluding a contract.

The winner of an electronic auction is recognized as having evaded concluding a contract if, within the time limits provided for by Federal Law No. 44-FZ of April 5, 2013, he:

Did not send to the customer a draft contract signed by a person authorized to act on behalf of the winner of such an auction or sent a protocol of disagreements after thirteen days from the date of posting in the unified information system the protocol of summing up the results of such an auction;

Did not comply with the requirements provided for in Article 37 Federal Law dated April 5, 2013 N 44-FZ (in the event of a contract price reduction during an auction by twenty-five percent or more of the initial (maximum) contract price);

Did not provide security for the execution of the contract within the period established for the conclusion of the contract.

Terms and restrictions: are not installed.

Prohibitions admission of services provided by foreign persons:

In accordance with Part 3 of Art. 14 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and in accordance with the Decree of the Government of the Russian Federation of December 29, 2015. No. 1457 “About the list individual species works (services) performed (provided) on the territory of the Russian Federation by organizations under the jurisdiction of Republic of Turkey, as well as organizations controlled by citizens of the Republic of Turkey and (or) organizations under the jurisdiction of the Republic of Turkey are prohibited”, a ban is established on the provision of services specified in Article 1 of the Auction Information Card by organizations under the jurisdiction of the Republic of Turkey, as well as organizations controlled citizens of the Republic of Turkey and (or) organizations under the jurisdiction of the Republic of Turkey;

Taking into account the requirements of the Decree of the Government of the Russian Federation dated November 16, 2015 No. 1236 “On establishing a ban on admission software originating from foreign countries for the purposes of procurement to meet state and municipal needs" (The justification for the impossibility of complying with the ban on the admission of software originating from foreign countries for the purpose of procurement to meet state and municipal needs is presented in Appendix No. 5 to the documentation on auction).

The contract service operates in accordance with the order of Rosstat dated January 15, 2014 No. 30.