Deadlines for electronic auctions Federal Law 44 table. Rules for holding an open auction. Drawing up a protocol of disagreements

Before open auction V 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. Moreover, 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 closing date for accepting applications.

In the notice of electronic trading are indicated:

• email address trading platform, where the auction will take place, the name and contact information of the customer;
• subject of the contract (quantity of goods supplied or scope of work);
• place of delivery of goods or performance of work;
• price of the lot (contract);
• deadlines for accepting applications for participation;
• 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 expiration date for consideration of applications and a closed list of documents that must be submitted to the participant to confirm compliance with the requirements are provided. auction documentation.

Clarification of the provisions of the auction documentation

After the notice is 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 redirects 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, provides an explanation of the auction documentation on the all-Russian government procurement website. At the same time, the response time to the request is controlled by the FAS automatically using the platform’s means.

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

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

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

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

An application is rejected in several cases:

• if there are not enough funds in the participant’s account to block the application security;
• if accreditation for the ETP expires in three months or earlier;
• if information about the product does not comply with the requirements of the auction documentation;
• when providing false (incomplete) information;
• if a participant tries to submit two or more applications for participation, all of his applications will be returned to him;
• when submitting an application after the deadline for admission.

Conducting an auction in electronic form

Electronic auctions are held 2 days after consideration of the first parts of applications, on a working day. Bidding is carried out by reducing the total initial (maximum) price of the lot specified in the notice. During the auction, you can submit any proposals that change 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 this moment the best. The time for accepting proposals on the price of a lot from participants in placing an order is 10 minutes from the start of the auction in electronic form. The time is updated automatically after the initial price of the lot is reduced using the software and hardware of the electronic platform. If within the next 10 minutes no bids are received to reduce the price, the auction automatically ends.

The auction is considered 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 electronic auction protocol is posted on the electronic trading platform, the operator of the electronic trading platform sends to the customer the second parts of applications along with the first, ranked in descending order. The customer reviews the first 10 applications until 5 that meet the requirements are identified. If there are none, the operator sends the remaining requests 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 based on the results of electronic trading do not have the right to withdraw their applications. The collateral remains locked until the contract is concluded.

The process of concluding a contract is carried out with the participation of the operator of the electronic trading platform and with the presence of an electronic signature key certificate, which gives legal significance to the actions.
If a procurement participant evades signing a government contract, the operator of the electronic platform enters information about the participant into 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 the application security.
The time period during which an auction is held in electronic form, from the moment of posting a notice to the conclusion of a contract, can be visually summarized in the following table:

Cancellation of electronic auction

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

According to paragraph 4 of Art. 24, paragraph 1, art. 59 Federal Law N 44-FZ, an electronic auction (auction in electronic form) should be understood as a method of determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price. In this article we will consider the main stages of conducting an auction in electronic form.

General provisions

The customer is obliged to conduct an auction in electronic form in the case when the purchase of goods, works, services included in the list established by Order of the Government of the Russian Federation dated October 31, 2013 N 2019-r, or in the additional list established by the highest executive body state power of a constituent entity of the Russian Federation when purchasing goods, works, and services to meet the needs of a constituent entity of the Russian Federation.

However, the customer has the right to make purchases through an electronic auction for the purchase of goods, works, and services not included in the specified lists (Clause 3, Article 59 of Federal Law No. 44-FZ).

It is advisable to use this method of identifying suppliers (contractors, performers) in the case when the customer does not need to evaluate the proposals of participants on the quality of goods (qualifications of participants, work experience, etc.), but to purchase goods (works, services) from sole supplier or by requesting quotations is not permitted by law.

At the same time, there are restrictions on the procurement of goods (works, services) through an auction in electronic form. In the case where the customer is obliged to use closed methods for identifying a supplier, an electronic auction is not held (Clause 2, Article 84 of Federal Law No. 44-FZ).

Since Federal Law No. 44-FZ does not provide for other restrictions on the use of an electronic auction to determine a supplier, if there is no need to use closed methods, the issue of holding an electronic auction must be decided by the customer independently, taking into account the advantages and disadvantages of this method.

Procedure for the customer to conduct an electronic auction

The procedure for the customer to conduct an electronic auction for the purchase of goods (works, services) can be divided into the following stages:
- preparation for an electronic auction;
- preparation of documents for holding an electronic auction;
- posting information about the electronic auction;
- identification of participants in the electronic auction;
- determination of the winner of the electronic auction;
- conclusion of a contract with the winner of the electronic auction.

Let's consider the main points of these stages.

Preparing for an electronic auction. In order to avoid organizational failures and violations during the auction, the customer must plan its actions, determine deadlines and distribute functions between departments and responsible executors.

If the customer does not have an auction (single) commission, it is necessary to make a decision on its creation before the start of the procurement, as well as determine the composition of the commission, the procedure for its work and appoint the chairman of the commission (Clause 2 of Article 39 of Federal Law No. 44-FZ).

The auction or single commission must include at least five people: these must be primarily persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object.

The composition of the created auction (unified) commission must be approved by order. In addition, a regulation on the auction (unified) commission should be developed and approved.
At the same time, to organize the electronic auction procedure, the customer has the right to engage, on the basis of a contract, a specialized organization to perform certain functions as determined by the supplier, including developing auction documentation, posting a notice of an electronic auction in the unified information system, and performing other functions related to ensuring that the supplier is identified (Clause 1, Article 40 of Federal Law No. 44-FZ).

A specialized organization performs the above functions on behalf of the customer. At the same time, rights and obligations as a result of the implementation of these functions arise with the customer.

When attracting a specialized organization to conduct an electronic auction, functions such as creating a procurement commission, determining the initial (maximum) price of the contract, the subject and essential terms of the contract, approving the draft contract, auction documentation and signing the contract are performed by the customer.

Preparation of documents for conducting an electronic auction. To conduct an electronic auction, the customer must develop documentation about it and place it in the Unified Information System (on the official website) (Clause 1, Article 59 of Federal Law No. 44-FZ).

Article 63 of Federal Law No. 44-FZ establishes the deadlines for the development and approval of auction documentation:
- if the initial (maximum) contract price (lot price) does not exceed 3 million rubles. - documentation is posted in the unified information system no less than seven days before the deadline for filing applications for participation in such an auction (clause 2);
- if the initial (maximum) contract price (lot price) exceeds 3 million rubles. - no later than 15 calendar days (clause 3).
Documentation about the electronic auction must contain the information specified in clause 1 of Art. 64 Federal Law N 44-FZ.

Posting information about the electronic auction. Simultaneously with the placement of documentation on the conduct of an electronic auction in the unified information system, the customer should place a notice of such an auction (Clause 1, Article 65 of Federal Law No. 44-FZ).
According to the norms of Federal Law N 44-FZ, the notice must indicate:
- information about the customer ( authorized body, contract service, contract manager, persons responsible for concluding the contract). These include the name of the organization, location, postal address, address Email, contact telephone number, information about the responsible official (clause 1 of article 42, clause 5 of article 63);
- information about the terms of the contract, namely the name and description of the procurement object, information about the quantity and place of delivery of goods, the place of performance of work or provision of services, the timing of delivery of goods or completion of work or the schedule for the provision of services, the initial (maximum) price of the contract and its justification, source of procurement financing (budget level from which the procurement is carried out, budget classification codes) (clause 2 of article 42);
- information about restrictions on participation in the electronic auction. Information is provided on who may be a procurement participant and the rationale for the restriction (clause 4 of Article 42);
- method of determining the supplier - electronic auction (clause 5 of article 42);
- deadline, place and procedure for submitting applications from procurement participants (clause 6, article 42);
- the amount and procedure for depositing funds as security for applications for participation in the procurement, as well as the conditions of the bank guarantee (clause 7 of Article 42);
- the amount of security for the execution of the contract, the procedure for providing this security, requirements for this security, information on banking support of the contract (clause 8 of article 42).

In the notice of an electronic auction, along with the information specified in Art. 42, are written:
- address of the electronic platform on the Internet;
- expiration date for consideration of applications for participation in the auction in accordance with clause 2 of Art. 67 Federal Law N 44-FZ;
- date of the auction in accordance with clause 3 of Art. 68 Federal Law N 44-FZ. If the date of the auction falls on a non-working day, the day of the auction is postponed to the next working day;
- account details for depositing funds as security for bids of participants in such an auction and the amount of security for these bids;
- benefits provided by the customer in accordance with Art. 28-30 of Federal Law N 44-FZ;
- requirements for participants in this auction and an exhaustive list of documents that must be submitted by auction participants in accordance with paragraphs. 1, 2 clause 1 and clause 2 art. 31 of Federal Law N 44-FZ (if the above requirements are present);
- conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons.
At the same time, by virtue of clause 3 of Art. 65 of Federal Law N 44-FZ, any participant in an electronic auction who has received accreditation on an electronic platform has the right to send to the address of the electronic platform on which the auction is planned to be held, a request for clarification of the provisions of the documentation about this auction. Moreover, an 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 said request, it is sent by the operator of the electronic platform to the customer.
Within two days from the date of receipt of the request from the operator of the electronic platform, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from whom the request was received, provided that the specified request was not received by the customer later than three days before the deadline for filing applications for participation in the auction.
If a request is received later than three days before the deadline for submitting applications, the customer must not respond to it.

Identification of participants in an electronic auction. An application to participate in an electronic auction can only be submitted by persons who have received accreditation on the electronic platform. The application must consist of two parts. The first part of the application is filled out in accordance with the requirements for its content and instructions for its completion, which are given in the documentation about the electronic auction. The requirements for the content of the first part of the application are established by the norms of paragraph 3 of Art. 66 Federal Law N 44-FZ. The second part of the application for participation in the electronic auction must contain the documents and information specified in clause 5 of Art. 66 Federal Law N 44-FZ. This law states that to require a participant in an electronic auction to provide other documents and information, with the exception of those provided for in paragraphs 3 and 5 of Art. 66 documents and information are not allowed.

A participant has the right to submit an application for participation in an electronic auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for filing applications for participation in the auction provided for in the documentation for such an auction. The participant must send the application to the operator of the electronic platform in the form of two electronic documents containing two parts of the application.

When the auction commission checks the first parts of applications for participation in an electronic auction, the compliance of the information specified in it with the requirements established by the documentation of such an auction in relation to the purchased goods, works, and services is revealed. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for their submission.
Based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission makes a decision on the admission of the procurement participant who submitted the application to participate in the auction and recognition of this procurement participant as a participant in this auction or on refusal of admission to participation in such an auction in the manner and on the grounds , provided for in paragraph 3 of Art. 67 Federal Law N 44-FZ.

The auction commission formalizes its decision in a protocol for considering applications for participation in the electronic auction, signed by all members of the auction commission present at the meeting no later than the expiration date for consideration of these applications. The protocol must contain information:
- about the serial numbers of applications for participation in the auction;
- on the admission of a procurement participant to participate in the auction and on his recognition as an auction participant or on refusal of admission to participate in the auction with the justification for this decision, including indicating the provisions of the documentation on the electronic auction, which the application for participation in it does not comply with, provisions applications for participation in such an auction that do not meet the requirements established by the documentation about it;
- on the decision of each member of the auction commission in relation to each participant in the electronic auction on admission to participation in it and on recognition of him as a participant or on refusal of admission to participation in such an auction.

No later than the expiration date for consideration of applications for participation in the electronic auction, this protocol must be sent by the customer to the operator of the electronic site and posted in the unified information system.
Within one hour from the moment the operator of the electronic platform receives the protocol, the operator of the electronic platform is obliged to send to each participant in the electronic auction who submitted an application to participate in it (or to the participant in such an auction who submitted a single application to participate in it), notification of the decision taken in relation to the applications submitted by them.

When the auction commission makes a decision to refuse admission to participation in an electronic auction of its participant, the notification of this decision must contain the rationale for its adoption, including indicating the provisions of the auction documentation that do not comply with this application, proposals contained in the said application, which do not comply with the requirements of the auction documentation, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, the violation of which served as the basis for the decision to refuse.

Determining the winner of the electronic auction. An electronic auction is held on an electronic platform on the day indicated in the notice, which is the business day following the expiration of two days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction.
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 essence of an electronic auction is to reduce the initial (maximum) contract price specified in the notice of such an auction.
According to paragraph 6 of Art. 68 of Federal Law N 44-FZ, the amount of reduction in the initial (maximum) contract price (auction step) is from 0.5 to 5% of the initial (maximum) contract price.

During an electronic auction, 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.
Federal Law N 44-FZ establishes that from the start of an electronic auction on an electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the submission deadline, must be indicated. contract price proposals.

During an electronic auction, the operator of the electronic platform is obliged to reject proposals for the contract price that do not meet the requirements provided for in Art. 68 Federal Law N 44-FZ.
Within thirty minutes after the end of the electronic auction, the operator places a protocol of its conduct on the electronic platform. It publishes:
- address of the electronic platform;
- date, start and end time of the auction;
- the initial (maximum) price of the contract, all minimum proposals for the contract price made by auction participants "and ranked in descending order, indicating the serial numbers assigned to applications for participation in the auction, which were submitted by its participants who made corresponding proposals for the contract price, indicating time of receipt of these proposals.
The operator of the electronic platform is obliged, within one hour after posting the protocol on the electronic platform, to send to the customer the said protocol and the second parts of applications for participation in the auction submitted by its participants, whose contract price proposals received the first ten serial numbers when ranking. If less than ten participants took part in such an auction, the operator of the electronic site sends the second parts of applications for participation in the auction submitted by its participants, and the documents of these participants given in paragraphs. 2-6 and 8 paragraphs 2 tbsp. 61 Federal Law N 44-FZ. In addition, during this period, the operator of the electronic platform is obliged to send appropriate notifications to the named participants.

The auction commission reviews the second parts of applications for participation in the electronic auction and documents sent to the customer by the operator of the electronic site, in terms of compliance with their requirements established by the documentation for such an auction. Based on the results of their consideration, a decision is made on the compliance or non-compliance of the application with the requirements established by the auction documentation (Clause 1, Article 69 of Federal Law No. 44-FZ).
The results of consideration of applications for participation in the electronic auction are recorded in the protocol of summing up the results of the auction. The protocol is signed by all members of the auction commission participating in the consideration of applications no later than the business day following the date of signing of the specified protocol; the results are posted by the customer on the electronic platform and in the unified information system.

The protocol must contain information about the serial numbers of five applications for participation in the electronic auction, in respect of which a decision was made on compliance with the requirements established by the auction documentation. If, based on the consideration of the second parts of the applications submitted by all its participants who took part in it, a decision is made on the compliance of more than one application with the established requirements, but less than five applications, information about their serial numbers, a decision on compliance or non-compliance of the applications with the requirements is also indicated established by the auction documentation, with the rationale for this decision and indicating the provisions of Federal Law N 44-FZ, which the participant in such an auction does not comply with, the provisions of the auction documentation, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction, which do not meet the requirements established by the documentation about it, information about the decision of each member of the auction commission in relation to each application.

From paragraph 10 of Art. 69 of Federal Law N 44-FZ it follows that the winner of the electronic auction is the participant who offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about it.

Conclusion of a contract with the winner of the electronic auction. According to paragraph 1 of Art. 70 of Federal Law N 44-FZ, based on the results of an electronic auction, a contract is concluded with its winner, and in cases provided for in this article, with another participant whose application for participation in such an auction is recognized as meeting the requirements established by the auction documentation.

The customer places in a unified information system without his signature a draft contract, which is drawn up by including the contract price proposed by the participant in the electronic auction with whom the contract is concluded, information about the product ( trademark and (or) specific indicators of the goods) specified in the application for participation in such an auction of its participant, in the draft contract attached to the auction documentation. To do this, the customer is given five days from the date of posting the protocol for summing up the results of the electronic auction in the unified information system.

In turn, the winner of the electronic auction, within five days from the date the customer posted the draft contract in the unified information system, places in the unified information system a draft contract signed by a person entitled to act on behalf of the winner of this auction, as well as a document confirming the provision of security for the execution of the contract and signed with the enhanced electronic signature of the named person.

A contract signed with an enhanced electronic signature of a person entitled to act on behalf of the customer in a unified information system is posted by the customer within three working days from the date of placement in the unified information system of a draft contract signed with an enhanced electronic signature of a person entitled to act on behalf of the winner of the electronic auction, and the provision by such winner of security for the performance of the contract.

The contract is concluded on the terms specified in the notice of an electronic auction and documentation about such an auction, at the price offered by its winner.

Electronic auction due to its simplicity, low cost and high level Automation is a favorite way of identifying a supplier for both customers and contract executors. Through this procedure, most goods and services can be purchased under government contracts. There are also no restrictions for performers - all suppliers can participate, regardless of their size and legal form.

How is an electronic auction conducted?

The auction is held electronically on the electronic trading platform(ETP). Trading under 44-FZ is held only on six federal platforms. To gain access to a specific auction, a participant must be accredited at the ETP that conducts it. To do this you will need a small set of documents and...

Stages of implementation

The auction includes several stages:

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 EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

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

1. Preparing for the procedure. Suppliers look for suitable tenders, customers place them.
2. Preparation of applications. Suppliers prepare the first and second parts of applications.
3. Submission/acceptance of applications. Suppliers submit the first parts of applications, customers review them.
4. Bargaining. Suppliers who have 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, “enter” the auction hall at the ETP on the appointed day and time. The procedure begins and participants submit their proposals. If there are no new offers within 10 minutes, that is, the price of the procurement object has not changed, the auction is declared closed. The system automatically determines the winner of the auction, as well as the participants who took second and third place.

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

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

When the auction is over

So, the system has identified participant number “1”. Within 30 minutes from the moment the auction closes, a report on the 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 closes.

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

Note! Once the winner is determined, he cannot refuse to enter into the contract. The customer does not have such a right either.

If the second part of the application does not satisfy the customer’s requirements, then the contract is concluded with participant No. 2. Of course, if his application has been verified. If this is unsuccessful, then participant No. 3 is checked. If his application is also found to not meet the requirements, the auction will be declared void.

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

Next comes the stage conclusion of a contract. Within 5 days from the date of signing the final protocol, the customer places a draft contract in the Unified Information System, in which the contractor’s data is entered. In the next 5 days, the supplier must sign the contract with an electronic digital signature. If errors or discrepancies are identified with the text of the draft contract, the supplier submits.

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

Let's give step by step instructions on conducting an electronic auction under 44-FZ for the customer, examples of the necessary documentation, including a sample information card for an electronic auction, we will tell you what documents are needed for an electronic auction under 44-FZ.

An electronic auction is one of the procurement methods within the framework of 44-FZ, the winner of which is the participant who offered the minimum contract price.

Conducting an electronic auction under 44-FZ is a difficult procedure and at the same time strictly regulated (Articles 59-71 of Law No. 44-FZ). Any deviation from the requirements of the law is punishable by a fine. What should the customer do when conducting an electronic auction? First of all, consistent.

Electronic auction under 44-FZ: schematically and step by step

We will present a scheme for conducting an electronic auction under 44-FZ for the customer, analyze all the steps, provide a sample information card for an electronic auction under 44-FZ, as well as other necessary documents.

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Step one. Planning and preparation of documentation

Before holding an auction, the customer must form an auction commission, develop and approve regulations on its functioning and prepare documents for the auction.

In particular, documentation about the auction should be developed and a draft contract attached to it. The documentation specifies: the name and description of the procurement object, requirements for applications and deadlines for their submission and consideration, the date of the auction, the amount of contract security, etc.

Step two. Placing a notice of procurement

At this stage, the customer develops and publishes a notice of an electronic auction in the Unified Information System. Moreover, it must be published in the Unified Information System at least 7 days before the deadline for submitting applications (if the contract price is up to 3 million rubles) and at least 15 days in advance (if the contract price is above 3 million rubles). To attract attention to the procurement, the customer can also publish information about the tender in the media.

The notice must include the following information: the name of the electronic platform, the end date of consideration of applications and the date of the auction, the amount of security for applications, benefits for SMP and SONCO, organizations of the disabled and institutions of the penal system. The entire list of documents that will be required from participants is also written down here.

Ekaterina Kravtsova, Deputy Head of the Procurement Department of the Public Sector Organization of the Development Department contract system Ministry of Economic Development of Russia

Advice: While you are preparing your application, regularly review the procurement documents in the Unified Information System. Participants have the right to send a request for clarification of the auction documentation. The customer's answers will be useful and will help avoid unnecessary mistakes.

Ask your question to the experts

Step three. Review of the first parts of applications

At this stage, the customer reviews the first parts of the applications (which contain information about the supplier’s auction offer, but no information about him). The customer is given a maximum of seven days by law to study the first parts of applications. Based on the results of consideration of applications, the auction commission allows or does not allow the participant to the next stage of the procurement. The results of consideration of the first parts of applications are recorded in the form of a protocol, which is published in the Unified Information System. We have counted four auction protocols, errors in which will give the participant the opportunity to complain about your purchase to the FAS. .

Step four. Conducting an electronic auction

The auction itself is held on an electronic platform on the selected day and time. During the auction, the participant submits his price offer. The auction step is from 0.5% to 5% of the initial contract price, the acceptance time is 10 minutes after the last offer is received. If no new offer is received after this time, the auction automatically ends.

Step five. Consideration of the second parts of applications and determination of the winner

After the auction is completed, the operator of the electronic platform forwards to the customer the second part of the application of the participant who made the last offer. The second part of the application contains data about the customer himself.

The auction commission reviews the second parts of applications and prepares a protocol for summing up the results. The auction commission has three days to review. The winner is the participant who offers the lowest contract price (provided that his application meets the documentation requirements).

Step six. Signing the contract

The customer supplements the draft contract with the terms of execution proposed by the winner and sends the document to the winner for signature. The law allows the customer five days to prepare and post a draft contract in the Unified Information System. Another five days are given to the winner to sign the contract on his part. After which the document is signed by the customer. The contract is considered concluded.

Let's summarize

Conducting an electronic auction is a complex and carefully regulated process. We examined only the algorithm for conducting an electronic auction under 44-FZ. Each of the described stages has strictly regulated deadlines and requirements for each of the procurement parties, which are clearly stated in 44-FZ.

Attached files

• Order on holding an electronic auction.doc

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

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

Table of deadlines for all competitive procedures

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

The deadline map will help you avoid mistakes because it calculates deadlines automatically taking into account holidays and weekends. She will insure you when working in the Unified Information System and will leave time - one day - to pass treasury control.

The participant submits both parts of the application simultaneously through Personal Area at ETP. It is important 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 submit an application a few hours before the deadline for submitting proposals. But it is not recommended to do this, since the customer may have complaints and the participant simply will not have time to make the necessary changes.

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

• the participant violated the deadlines for submitting applications for the electronic auction under 44-FZ;
• (applications cannot be submitted if there are less than 3 months left until the end);
• no money has 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 an electronic auction?

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

The day of the electronic auction is the first working day after two days have passed from the moment the first parts of applications are considered. 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 goes like this: participants reduce the stated starting price by one step. The winner is the one who last offers the lowest cost of fulfilling the contract.

Can the last day to submit applications be a holiday? Or is it better to move the deadline to a working day?

Electronic auction under 44-FZ: timing, procurement algorithm

If the deadline for submitting applications for the electronic auction under 44-FZ in 2018 remained the same, then the time period allocated for consideration of their first parts was tied to the NMCC 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 deadline remained the same - 7 days.

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

The next stage is the evaluation of the second parts of applications. The processing time remains a maximum of three days. It is counted from the moment. The ETP operator selects 10 applications whose authors offered the lowest price during the auction. Next, the commission checks applications for compliance with the requirements in ranking order. 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: terms

Let's consider other terms of the auction under 44-FZ. The law establishes a period for providing clarifications to auction documentation. Participants can apply for the provision additional information at least three days before the deadline for submitting proposals. Next, the customer has two days to answer the questions posed. 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 under 44-FZ, it is impossible not to touch upon the procedure for signing a contract based on the results of the procurement. The law establishes the following algorithm:

1. within five days after publication of the protocol in the Unified Information System, the customer places a draft contract in the Unified Information System and on the ETP website without his signature;
2. The winner has 5 days to send the signed document along with confirmation of the contract security;
3. within three days after this, the customer must sign.

Attached files

• The timing of the electronic auction under 44-FZ is in the table.xlsx