Participation in an electronic auction: step-by-step instructions. Rules for conducting an open auction Bidding steps at the auction


We are holding an electronic auction for the purchase of a bank loan in the amount of RUB 100,000,000. The bank asks what the step size will be during the auction?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

The specific step size cannot be determined. Procurement participants can independently choose the size of the reduction (step) from 0.5 to 5% of the NMCC.

How to conduct an electronic auction

Step 3. Receive the auction protocol from the operator electronic platform

The auction is conducted by the operator of the electronic platform. It takes place two days after the deadline for consideration of the first parts of applications ends. If the date falls on a weekend, the deadline is moved to the first working day.

The operator will conduct the auction according to the customer's time zone. Applicants should take this into account. Let's say, if the auction time is 9:00 Kamchatka time, then the bidder from Moscow will go to auction at 0:00.

Such rules are established in parts 2 and 3 of Article 68 of Law No. 44-FZ.

During the auction, participants gradually lower the contract price within the “auction step” - from 0.5 to five percent of the NMCC. The auction ends if no bids are received within 10 minutes. After this, bidders have the right to offer a price regardless of the “auction step”, but it is impossible to reduce the contract price below the best offer at that moment. When procurement participants offer the same prices, the best offer is the one that came first.

This procedure is described in parts 6, 7, 11, 12 and 16 of Article 68 of Law No. 44-FZ.

If the price drops to 0.5 percent of the NMCC, then an auction is held for the right to conclude a contract. That is, the winner will pay for the right to fulfill the contract. Participants make offers on the following conditions:

  • the contract price should not exceed 100 million rubles;
  • the bidder has no right to offer a price higher than the maximum transaction amount approved by the participant's organization. The decision of the legal entity is in the register of auction participants (clause 8, part 2, article 61 of Law No. 44-FZ);
  • the amount of contract security is calculated according to the NMCC in the notice.

This is stated in Part 23 of Article 68 of Law No. 44-FZ.

The operator will post the auction protocol on the electronic platform within 30 minutes after the auction ends. The protocol will indicate:

  • address of the electronic platform;
  • date, start and end time of the auction;
  • NMCC;
  • contract price proposals, which are assigned numbers depending on the price - from lowest to highest (ranking);
  • the time at which each proposal was received.

Within the next hour, the operator will send the customer the protocol and the second parts of the applications of the participants who received the first 10 numbers based on the ranking results. If less than 10 applicants participated in the auction, the operator will transfer the second parts of the applications of all participants, as well as documents in accordance with paragraphs 2-6 and 8 of part 2 of Article 61 of Law No. 44-FZ.

This is stated in parts 18 and 19 of Article 68 of Law No. 44-FZ.

Magazine "Goszakupki.ru" is a magazine on the pages of which practical explanations are given by leading industry experts, and materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles in the magazine are of the highest degree of reliability.

We have already written about the rules electronic auction, its subtleties and preparation of the first part of the application. In this article we will remind you about working on electronic trading platforms(ETP):

    Participants whose first parts of applications are accepted for participation enter the ETP auction hall on the appointed day and time. Trading takes place in real time: for example, if ETP scheduled trading for 15:30 Moscow time, then suppliers from Novosibirsk will start participating at 19:30.

    The auction step is from 0.5% to 5% of the NMC. For example, if the NMC is 1,000,000 rubles, you can submit a price in the range from 5,000 to 50,000 rubles. The interface of all ETPs is different, but understandable. Everywhere there are buttons for submitting the minimum and maximum prices. By pressing one button, you can walk in standard steps of 0.5%. On the most popular site, Sberbank-AST, there is a scroll to select a price.

    You can make any step from the range from 0.5% to 5% (for example, 13,929 rubles), if the following conditions are met:

    • The first price reduction is possible only within the “auction step”
    • The second and subsequent offers either reduce the current minimum price within a “step”, or they are within the range from the current price to the initial maximum.
    • A participant may not submit a proposal that is greater than or equal to his previous proposal.
    • Proposal cannot be submitted equal to zero.
    • A participant cannot “play with himself,” that is, reduce the current price if it was proposed by this participant.
  1. You are given 10 minutes per step. The auction duration automatically increases by 10 minutes when any of the participants offers best price. Therefore, the remaining participants always have time to think about their next step.

If a competitor switches gears

Reduces price quickly and aggressively

The participant takes his step instantly (5-10 seconds) after his competitor’s step with a maximum step size of 5%. Thus, he makes it clear that there is nothing to think about, he is aimed at winning. An inexperienced competitor may stop the decline because he will consider that there is no point in fighting and will leave the auction room. It can work extremely rarely and only with the most inexperienced participants.

Wears down competitors

The participant takes a step each time in the last seconds (10-30 seconds before the end of the step time). Thus, the auction may be delayed for for a long time. Steps in such tactics are always made with minimum size step 0.5%.

Uses combined tactics

For example, on initial stage a participant can choose a slow tactic, then use an aggressive one, then switch back to a slow one. This will confuse competitors; inexperienced participants, seeing a sharp drop in price, may refuse to participate in the auction.

What to do?

If you notice a competitor using one of these schemes, don't worry. The counter-strategy here is as simple as possible - calmly go to your minimum price, regardless of the actions of your opponents.

If you feel that participation in the auction may take a long time (for example, you used to sit for 5 hours in similar auctions) and you cannot afford to sit at the computer for a long time, put the robot to participate with a minimum price set in advance - this can be done a day before the start auction So far, this opportunity is only available on Sberbank-AST and RTS-Tender.

You can also contact bidding support specialists who will participate in the bidding for you and go down to the price you set.

If a competitor offers a round price

Perhaps one of the most frequently used scenarios. Imagine, there is a struggle, the reduction is already 30-40% from the NMC and we understand that we and our competitor are close to the threshold for submitting the last price proposals and the outcome can be decided by one reduction. And then the competitor puts an even figure, it looks like this:

For some participants, the price is calculated approximately and rounded to a certain figure, below which the competitor is no longer ready to reduce. In our work during auctions, we often come across the fact that the head/commercial director of a company says: “in this auction we are going down to eight hundred thousand rubles,” since many simply do not want to waste time calculating the flat price of the reduction and say “by eye” .

What to do?

After this, the best option would be to make another standard reduction of 0.5% from the competitor’s “flat” price. Of course, this does not mean that you will win with the next step, however, sometimes it really works. Also try to calculate your minimum price to the nearest ruble, so that with your rounded figure you don’t give your competitor a reason to think that you have reached the minimum.

How to behave in the “Bram” scheme?

This is a scheme known to many for conducting dishonest games. Two bidders deliberately aggressively reduce the price, while attaching documents in the second part of the application that do not comply with the law, so that they are rejected. The third participant, in the last seconds of the auction, offers a price 0.5% lower than the last price offer of a bona fide participant, thereby taking 3rd place after participants who sharply reduce the price. As a result, the first two are rejected for the second parts, and the third wins the auction with a favorable price.

What to do?

First, before the auction, determine in advance the price to which you can go. Then calmly wait until the first stage of bidding takes place. At the second stage of the auction, when you have another 10 minutes to submit price bids, last minute(this depends on the speed of your Internet, but we do not recommend delaying until the last seconds), submit your price at which it is profitable for you to fulfill the contract.

If the “ramming” scheme was actually used and the first two/three participants are rejected, and your application is the first corresponding one, a contract will be concluded with you at the proposed price. The second and easiest way to fight is to simply put the robot up for auction in advance with your minimum price.

conclusions

  1. There is no secret method in an electronic auction that is guaranteed to lead you to victory. However, you must always be attentive, be able to correctly interpret the actions of other participants, notice the time of submission of price proposals and the size of competitors’ steps.

    Determine in advance your price to which you are willing to go down during the auction.

    During the auction, do not get carried away, trying to win the purchase at any cost. In our practice, we have encountered cases when a client gets excited and it doesn’t matter to him at what price to beat a competitor. The consequences can be negative: working at zero or in the red, or avoiding signing a contract, since the contract cannot be fulfilled for the amount offered.

    Don't be afraid to use a robot to participate in electronic auctions.

    The recipe for victory is to be able to offer a price lower in the auction than your competitors.

These Rules have been developed in accordance with Articles 447-449 of the Civil Code Russian Federation and current legislation

The rules establish the procedure for organizing and conducting trading in the form of an Auction by a Limited Liability Company " Trading house"Fame" for the sale of real estate owned by individuals and legal entities.

1. General Provisions

1.1. Bidding is carried out in the form of an Auction, open: by the composition of participants, by the method of submitting proposals, by price.

1.2. Bidding is conducted on the basis of current legislation and the Agency Agreement concluded between the Seller and the Bidding Organizer.

1.3. When conducting auctions it is not allowed:

  • creating preferential conditions for the participation of an individual or group of individuals;
  • implementation by the Organizer of the auction of coordination of the activities of bidders, as a result of which there is or may be a restriction of competition between participants or an infringement of their interests;
  • unreasonable restriction of access to participation in tenders.

1.4. The auction organizer has the right to make video and photographic recordings of the auction process and audio recording.

2. Basic terms and definitions

2.1. "Trading organizer"- LLC "TD "FAME"

2.2. "Trading Commission"- the body responsible for organizing and conducting the auction. Formed by the Organizer of the auction based on the issued order.

2.3. "Auctioneer" - individual, appointed by the Auction Organizer to conduct the auction

2.4. "Auction"- public sale at auction of a real estate item or other property (lease rights, art objects, shares, etc.) belonging to the owner, with conditions established in advance.

2.5. "Bargaining"- an auction valid for a period of time determined by the Auction Organizer, during which Participants place bids in the manner established by the terms of the auction.

2.6. "Real Estate"- residential or non-residential premises, land plot, other real estate put up for auction.

2.7. "Lot"- an object (real estate object or other immovable property) of auction.

2.8. "Starting price"- the starting price of the lot from which bidding begins at the Auction.

2.9. "Minimum price"- the lowest price for which the seller agrees to sell the property.

2.10. "Auction price"- the highest price of a lot achieved during the Auction, equal to or exceeding the minimum price (if established) and recorded in the protocol on the results of the auction.

2.11. "Bid"- proposal by the participant of a new Auction price for a lot, increasing the current price by any amount that is a multiple of the Auction step

2.12. "Auction step"- fixed sum of money, by which the Auction price of the lot increases during the auction.

2.13. "Trading form"- An auction open according to the composition of participants and the form of submission of proposals for the price of the Real Estate.

2.14. "Auction Conditions"- the form of the auction agreed between the Seller and the Auction Organizer based on the type of object, the initial cost, the wishes of the Seller and the recommendations of the Auction Organizer according to the “English”, “Dutch” or “Mixed” system.

2.15. "Salesman"- an individual or legal entity that put the Property up for sale at the Auction.

2.16. "Applicant" an individual or legal entity who submitted to the Auction Organizer an application for participation in the auction and the documents attached to it, the list of which is provided in the notice of the auction.

2.19. "The Challenger"- an individual or legal entity who has expressed a desire to participate in the auction and has submitted an application with the documents necessary to participate in the auction and paid a deposit.

2.20. "Deposit" sum Money, transferred by the applicant to the current account specified in the information message about the auction, as well as in the deposit agreement, to ensure the fulfillment of the applicant’s future obligation to pay for the property

2.21. "Auction Participant"- an individual or legal entity who has expressed a desire to participate in the auction and has submitted an application and documents necessary for participation in the auction, paid the deposit and is recognized by the auction organizer as an Auction Participant.

2.22. "Auction Winner"- An auction participant who offered the highest Auction price during the Bidding (provided that the Auction price is not lower than the minimum price, if one has been established), who receives the right to purchase the property.

3. Powers of the auction organizer

3.1. When conducting an Auction, the Auction Organizer must be guided by these Rules and the terms of the Agency Agreement concluded with the Seller, as well as comply with the norms of the Civil Legislation of the Russian Federation.

3.2. In the process of preparing and conducting the Auction, the Auction Organizer:

  • forms a Commission for the conduct of auctions and ensures its activities; sets the date, time and place of the auction;
  • determines the form of bidding and the form of submitting proposals for the price of property in agreement with the Seller;
  • designates the place for accepting applications for participation in the auction, the date, as well as the start time and end time for accepting applications and documents attached to them;
  • accepts applications and registers them in the journal of applications for participation in tenders (assigning a number to each application and indicating the date and time of application submission), and also ensures storage of registered applications;
  • at the end of the deadline for accepting applications, transfers the registered applications with the documents attached to them to the Bidding Commission
  • organizes the preparation and publication of a notice of bidding, as well as a notice of declaring the bidding invalid
  • provides Applicants and Candidates with the opportunity to familiarize themselves with the subject of the auction and documentation characterizing the item and its legal status, as well as with the rules for conducting the auction
  • concludes agreements on the Deposit with the Applicants
  • submits account statements confirming receipt of the Deposits to the Bidding Commission;
  • notifies Applicants of refusal of admission to participate in the auction;
  • signs a protocol on the results of the auction with the winner of the auction;
  • performs other actions provided for by these Rules and the Assignment Agreement;

4. Powers of the commission

4.1. To conduct the Auction, by order (order) of the Auction Organizer, a Auction Commission of at least three people is formed (hereinafter referred to as the Commission).

The numerical and personal composition of the Commission is determined in each specific case depending on the location of the auction, the quantity and category of property being sold.

At the request of the Seller, the Seller or his representative may be included in the Commission.

4.2. A member of the Commission from the Organizer of the auction is appointed as the Chairman of the Commission.

4.3. Members of the Commission participate in its work on the basis of the order (order) on the formation of the Tender Commission.

The Seller's representative may participate in the work of the Commission on the basis of a duly executed power of attorney.

4.4. The Commission performs the following functions:

  • considers applications and documents received from applicants to the auction organizer for participation in the auction;
  • establishes the fact of timely receipt of the deposit;
  • sums up the results of receiving and registering applications and makes a decision on the admission of applicants to participate in the auction;
  • notifies applicants or their authorized representatives of admission or refusal of admission to participate in the auction;
  • decides to determine the winner of the auction;
  • draws up and signs a protocol on the results of the auction
  • makes a decision to declare the auction invalid and cancel the results of the auction;
  • performs other functions related to tendering.

4.5. Decisions of the Commission are made by a simple majority of votes of the members of the commission present at the meeting; in case of equality of votes, the vote of the chairman of the commission is

4.6. A commission meeting is valid if at least 2/3 of the commission members are present.

4.7. If the presence of a commission member at a meeting is impossible for valid reasons (illness, business trip, etc.), he is replaced with a corresponding change in the composition of the Commission.

4.8. Decisions of the Commission are documented in protocols, which are signed by all members of the Commission who took part in the meeting. When signing the protocols, the opinions of the Commission members are expressed in the words “for” and “against”.

5. Information notice about the auction

5.1. An information notice about the Auction must be published by the Auction Organizer at least 30 days before the announced date of the Auction.

The specified period is calculated from the day following the day of publication of the notice.

5.2. Notice of the Auction is published by the Auction Organizer in the media mass media and (or) on the official website of LLC “TD “FAME”

5.3. The notice of bidding must contain the following information:

  • date, time (hour, minutes) place of the Auction
  • date, time, place of summing up the results of the Auction
  • information about the object of sale at the Auction - name, location address, main characteristics, its composition;
  • information on the procedure for familiarization with property and documents for property;
  • information about the form of bidding;
  • the procedure, place, deadline and time for submitting applications for participation in the Auction (date and time of the beginning and end of the submission of these applications);
  • list of documents submitted by the Auction participant and requirements for their execution;
  • amount of the deposit, terms and procedure for making the deposit;
  • initial sale price of the property;
  • minimum selling price (if any);
  • Auction step;
  • procedure and criteria for identifying the winner of the auction;
  • the procedure and period for concluding a purchase and sale agreement with the winning bidder;
  • information about the Auction Organizer.

6. Procedure for accepting applications for participation in tenders

6.1. The auction organizer organizes the acceptance of applications for participation in the auction within the period established by the notice.

6.2. To participate in the auction, applicants (individuals or legal entities) provide the Organizer with the following:

  • An application for participation in the auction in the form established by the Auction Organizer and a list of documents submitted along with the application (in 2 copies). The application must be completed in writing or electronic form in Russian.

6.3. The following documents must be attached to the application for participation in the Auction:

6.3.1. Applicants - individuals provide:

  • passport (original and copy);
  • passport (original and copy) of the authorized representative, if the application is submitted by a representative;
  • a duly executed power of attorney for a person authorized to act on behalf of the applicant if the application is submitted by a representative (original and copy)
  • duly certified consent of the spouse of the applicant - an individual to complete a transaction at the auction or confirmation that at the time of the auction the applicant is not married;

6.3.2. Applicants are individual entrepreneurs representing:

  • certificate of state registration individual as individual entrepreneur(original and copy)
  • certificate of registration of an individual entrepreneur with the tax authority; (original and copy)
  • passport (original and copy);
  • passport of an authorized representative, if the application is submitted by a representative (original and copy of a power of attorney indicating the actions to be performed by a person authorized to act on behalf of the applicant, if the application is submitted by a representative of the applicant. (original and copy)
  • list of submitted documents signed by the applicant

6.3.3. Applicant legal entities represent:

  • notarized copies of constituent documents.
  • a notarized copy of a document confirming the fact of making an entry about a legal entity in the Unified State Register legal entities
  • a duly certified copy of the document on the appointment of the sole executive body legal entity;
  • the decision of the founders of the legal entity (participants, shareholders) to participate in the auction, or a certified extract from the balance sheet for the last reporting period, confirming that this transaction, completed in the event of the applicant’s victory in the auction, is not major;
  • list of submitted documents signed by the applicant

6.3.4. Foreign legal entities submit an extract from the trade register of the country of origin or other equivalent evidence of the legal status of the foreign investor in accordance with the legislation of the country of its location - a list of the documents submitted, signed by the applicant

6.4. The documents provided by the applicant, in terms of their design and content, must comply with the requirements of the legislation of the Russian Federation. Documents submitted by foreign legal entities must be legalized and have a duly certified translation into Russian.

6.5. Documents containing blots, erasures, corrections, etc. will not be considered.

6.6. One person can submit only one bid for one lot.

If the applicant wishes to participate in bidding on several lots, he submits an application and all Required documents, and also pays a deposit for each lot separately.

6.7. The auction organizer ensures the confidentiality of information and proposals contained in submitted applications for participation in the auction before the start of the auction.

6.8. The applicant has the right to change or withdraw his application for participation in the Auction at any time before the deadline for submitting applications for participation in the auction. If changes are made to the application, the date of submission of the application is considered to be the date of acceptance by the auction organizer of these changes.

6.9. Applications must be submitted within the period specified in information notice about bidding. Applications are accepted directly at the address and at the time specified in the notice.

6.10. The auction organizer accepts applications and keeps records of them in the application register, assigning a number and indicating the date and time of their receipt. In this case, on a copy of the list of documents, which remains with the applicant, a note is made indicating the acceptance of the application, indicating the date, time and registration number assigned to this application.

6.11. The application is submitted by the applicant personally or his authorized representative, and can also be sent by registered mail with notification of delivery.

6.12. If an application is received by mail, a copy of the application indicating the registration number assigned to it, the date and time of receipt of the application is sent to the applicant or his authorized representative by registered mail with acknowledgment of receipt.

6. 13. The auction organizer refuses to accept and register the application to the applicant in the following cases:

  • the application was submitted in an unspecified form;
  • the application was submitted before or after the deadline for accepting applications specified in the notice;
  • the application was submitted by a person not authorized to act on behalf of the applicant;
  • Not all documents listed in the notice are presented.

This list of grounds for refusing an applicant to accept an application for participation in the Auction is not exhaustive.-

6.14. A note indicating the refusal to accept the application, indicating the date, time and reason for the refusal, is made on the list of documents submitted by the applicant.
An unaccepted application with the documents attached to it is returned to the applicant on the day of its submission along with a list of documents containing a note on the reason for refusal, by handing them to the applicant or his authorized representative against signature, or by sending the specified documents by registered mail with acknowledgment of receipt.

6.15. The auction organizer, within three working days from the closing date for accepting applications, checks the documents submitted by applicants for the presence of inaccurate information.
In this case, the Auction Organizer has the right to demand clarification regarding the information contained in the application.
Upon completion of the verification of applications, the Auction Organizer submits to the auction commission the received applications, a list of received applications and information about the results of such verification

6.16. Based on the results of consideration of the materials and applications submitted by the Organizer of the auction, the auction commission makes a decision on recognizing or not recognizing the applicant as a participant in the auction.
The Commission refuses to recognize the applicant as a bidder if:

  • the submitted documents do not comply with the requirements of the legislation of the Russian Federation or contain unreliable (distorted) information;
  • the applicant does not meet the requirements for a bidder;
  • the deposit was received to the account specified in the notice of bidding, not in full or in violation of the terms of these Rules and (or) the relevant deposit agreement.

6.17. The Commission's decision to admit applicants to participate in the auction is made based on the results of consideration of applications for participation in the auction submitted by the Organizer and is documented in a protocol.

6.18. The protocol for considering applications for participation in the auction shall indicate:

  • all registered applications indicating the names of applicants, date and time of acceptance;
  • all withdrawn applications;
  • names (titles) of applicants, recognized participants bidding;
  • names (titles) of applicants who were denied admission to participate in the auction, indicating the grounds for such refusal.

6.19. Applicants who have fulfilled all the conditions and requirements specified by the Organizer in the information notice of the auction are allowed to participate in the open Auction for the sale of property, namely:

  • timely submitted an application for participation in an open auction,
  • who have submitted duly executed documents in accordance with the list determined by the Auction Organizer and confirming their legal capacity to act as buyers of the property being sold
  • paid the deposit on time.

6.20. The commission notifies all applicants of the results of consideration of submitted applications for participation in the auction and the recognition or non-recognition of applicants as participants in the auction by handing them a corresponding notice against signature, or by sending such a notice by mail (registered mail) no later than the next business day from the moment of signing the protocol determination of auction participants

6.21. After the Commission has drawn up a protocol on the tender for consideration of applications, the registered applications are transferred according to the inventory for storage to the organizer of the tender.

6.22. The applicant acquires the status of a tender participant from the moment the commission draws up a protocol for considering applications for participation in the tender. The Commission assigns a registration number to the bidder, which is indicated in the bidder's ticket, issued to him simultaneously with the notification of recognition of the Applicant as an auction participant.

7. Procedure for holding an open auction

7.1. Auction participants admitted to trading are registered by the Auction Organizer on the day, at the address and at the time specified in the notice.

7.2. To register, the Auction participant must provide:

  • who appears in person, presents to the auction organizer an identification document (passport), a bidder's ticket
  • a representative of the Auction participant (for individuals) presents a notarized power of attorney to perform actions to participate in the Auction, a bidder's ticket
  • a representative of the Auction participant (for legal entities) presents a power of attorney to perform actions to participate in the auction signed by the head of the organization and certified by the seal of the organization, a bidder's ticket

In the absence of such documents, registration of this participant will not be carried out.

7.3. The auction organizer in relation to each auction participant enters into the participants' registration log, in which the full name is indicated. (name) of the Auction participant, full name. representative, if a participant’s representative appeared to participate in the Auction, issues to the participant or his representative (if a participant’s representative appeared to participate in the Auction) a card with the bidder’s number, which corresponds to the registration number of the bidder’s ticket. Each participant is given only one card, regardless of the number of representatives. After this, the participant or his representative signs in the participant registration log.

7.4. If by the appointed time of the auction, not a single participant is registered in the registration log of bidders, or only one participant is registered, the Auction is declared invalid, which is reflected in the Protocol on recognizing the Auction as invalid.

7.5. The Auction is carried out by a specialist (Auctioneer) from the staff of the Auction Organizer. To conduct the Auction, the Auction Organizer may invite an Auctioneer, with whom he enters into an Agreement for the Auction.

7.6. The auction is conducted by the Auctioneer in the presence of a Commission formed by the Auction Organizer, which ensures order during the auction and compliance with current legislation and these Rules. The number of members of the Commission must be at least five people, and a quorum is considered achieved if three members of the commission are present. The Commission includes the Owner or his authorized representative. Before the auction, the Chairman of the Commission is elected.

7.7. The auction begins with the announcement by the Chairman of the Commission of the opening of the Auction. After the opening of the Auction, the conduct of the Auction by the Chairman of the Commission is transferred to the Auctioneer.

7.8. After this, the Auctioneer finds out from those present (bidding participants, seller, members of the Commission) whether there are circumstances that impede further bidding. If there are no such circumstances, trading continues. If they arise, the Auctioneer announces a break and the Commission leaves to make an appropriate decision, which is subsequently reported to those present.

7.9. During the Auction, the sale of property is carried out for each lot separately

7.10. The auctioneer announces the name of the property, its main characteristics, the initial sale price, as well as the “upward auction step” and “downward auction step,” as well as the rules for conducting the auction.

The “upward auction step” and “downward auction step” are established by the Auction Organizer in agreement with the Owner in a fixed amount of no more than 5 percent of the initial sale price, and do not change during the entire auction. In this case, the size of the “downward auction step” is a multiple of the size of the “upward auction step.”

7.11. After the auctioneer announces the initial sale price, Auction participants are invited to declare this price by raising a card.

7.12. If, after the auctioneer announced the initial selling price, the card was raised by at least one auction participant, then the Auctioneer invites other Auction participants to increase the initial price by the amount of the “auction step up”.

If, before the third repetition of the initial sale price, none of the Auction participants increases the initial price by an “increasing auction step,” then the Auction participant who raised the card to confirm the initial price is recognized as the winner. The purchase price of the property is the initial sale price.

In this case, the Auction ends

7.13. If, after announcing the initial selling price of a card, several Auction participants raised the price or after the Auctioneer proposed to increase the initial price by an “increase auction step” until the third repetition of the initial price, at least one Auction participant increased the price by raising a card, the Auctioneer increases the selling price in accordance with the “step auction for a raise” and calls the number of the Auction participant who raised the card.

7.14. Next, the selling price is increased by the “up auction step” by Auction participants by raising the card. After announcing the next sale price, the Auctioneer calls the card number of the Auction participant who, from his point of view, was the first to raise it, and points to this Auction participant. The auction continues until bids are submitted at a price in accordance with the “up auction step”.

In the absence of Auction participants offering to increase the sale price of the property by an “increase auction step,” the Auctioneer repeats the last proposed sale price three times.

The auctioneer announces the sale of property, names the price of the property sold and the auction winner's card number.

7.15. If, after announcing the starting price, none of the Auction participants raises the card, the Auctioneer lowers the starting price in accordance with the “downward auction step” and announces a new sale price. The initial sale price is reduced with the announced “downward auction step” until one of the Auction participants agrees to purchase the property at the price announced by the Auctioneer.

If, when the starting price is reduced by a “downward auction step,” at least one Auction participant raised a card to confirm their intention to purchase property at the last price announced by the Auctioneer, the Auctioneer invites the Auction participants to increase the specified price by a “upward auction step,” and repeats the last announced price three times. If, before the third repetition of the selling price, none of the Auction participants has raised a card, the Auction ends. The winner of the Auction is the Auction participant whose card number and proposed price were last named by the Auctioneer.

7.16. If, after the Auctioneer’s proposal to increase the price by an “increasing auction step” until the third repetition of the specified price, at least one Auction participant increased the price by raising a card, the Auctioneer increases the sale price in accordance with the “increasing auction step” and calls the number of the Auction participant who raised card.

Next, the selling price is increased by the “up auction step” by Auction participants by raising the card. After announcing the next sale price, the Auctioneer calls the card number of the Auction participant who, from his point of view, was the first to raise it, and points to this Auction participant. The auction continues until bids are submitted at a price in accordance with the “up auction step”. In the absence of Auction participants offering to increase the sale price of the property by an “increase auction step,” the Auctioneer repeats the last proposed sale price three times.

If, before the third repetition of the selling price, none of the Auction participants has raised a card, the Auction ends. The winner of the Auction is the Auction participant whose card number and proposed price were last named by the Auctioneer.

The auctioneer announces the sale of property, names the price of the property sold and the auction winner's card number.

7.17. A price reduction is allowed up to the “minimum selling price”.

If the “minimum selling price” is reached as a result of a reduction in the starting price, the Auctioneer announces its achievement and repeats it three times.

If before the third repetition of the “minimum sale price” at least one Auction participant raised a card confirming their intention to purchase property at the specified price, the Auction continues in the manner prescribed by clauses 7.15 and 7.16 of the Rules.

If, before the third repetition of the “minimum sale price,” none of the participants raises a card to confirm their intention to purchase property at the “minimum sale price,” the Auction is declared invalid.

8. Registration of auction results

8.1. The results of the auction are summed up by the Auction Commission and documented in a protocol on the results of the auction in 3 (three) copies. .The protocol indicates:

  • name of auction
  • composition of the auction commission
  • F, I, O, (name) of the winning bidder,
  • details of a legal entity or details of an identity document of an individual entrepreneur
  • starting price of the auction item
  • the final price of the auction item proposed by the winner of the auction and the terms of its payment;
  • other information and conditions for purchasing the auction item
  • information that the auction is declared invalid (if appropriate).

The protocol on the results of the Auction has equal legal force, the first of which is transferred to the Auction Winner, the second - to the Seller, the third remains with the Auction Organizer.

8.2. The protocol on the results of the Auction is signed by the Auctioneer, the Commission and the winner of the Auction. Approved by the Organizer of the auction no later than the next working day from the date of the auction.

The protocol on summing up the results of the Auction is a document certifying the right of the Auction winner to conclude a Sales and Purchase Agreement based on the results of the Auction.

9. Recognition of the auction as invalid

9.1. The auction is considered invalid if:

  • during the period for accepting applications, the Organizer of the auction received only one application from the applicant for participation or did not receive a single application;
  • after the deadline for accepting applications has expired, no applicant or only one applicant is allowed to participate in the auction;
  • auction participants did not appear at the appointed time and day to participate in the auction or only one participant appeared;
  • the representative of the participant (representatives of the participant) was denied participation in the Auction due to the lack of properly executed documents confirming the authority of the representative, if the number of registered participants is less than two;
  • during the Auction, none of the participants declared the starting price;
  • none of the bidders during the Auction raised their card after the announcement of the “minimum selling price”;

9.2 If the Auction is declared invalid, a protocol on recognizing the Auction as invalid is drawn up on the same day, which is signed by the Auctioneer, members of the Commission and approved by the Auction Organizer.

10. Procedure for payment, return and retention of the deposit

10.1. Procedure for paying the Deposit

10.1.1. The deposit is subject to transfer by the Applicant on the basis of the Deposit Agreement to the account specified in the Agreement and is transferred directly by the Applicant.

The payment order in the “payment purpose” column must contain a reference to the details (No., date, year) of the Deposit Agreement, the date of the Auction, Lot No.

10.1.2. The deposit serves as security for the fulfillment of the Applicant's obligations to conclude a sales contract and pay for the Property sold at the auction in the event that the Auction participant is recognized as the winner.

10.1.3. If the amount of the Deposit from the Applicant is not credited to the account of the Auction Organizer on the date specified in the information notice, the Applicant is not allowed to participate in the Auction. The submission by the Applicant of a payment order with a mark of execution will not be taken into account by the Auction Organizer.

10.1.4. No interest is charged on funds transferred as a deposit.

10.2. Procedure for returning the Deposit

10.2.1. The deposit must be returned within five working days to the following account:

  • An applicant not allowed to participate in the Auction. In this case, the period for returning the Deposit is calculated from the date of signing by the Auction Commission of the protocol on
    the results of consideration of applications;
  • To the Applicant or Auction Participant who withdrew the application before the start of the auction. In this case, the period for returning the Deposit is calculated from the date of receipt by the Auction Organizer of a written notification of the withdrawal of the application;
  • To the Auction Participant who did not become the winner. In this case, the period for returning the deposit is calculated from the date of signing the protocol on the results of the auction;
  • To the Applicant or Auction Participant in the event that the Auction is declared invalid or the Auction Organizer makes a decision to cancel the auction. In this case, the period is calculated from the date the Auction was declared invalid or from the date of the decision to cancel the auction.
  • The date of return of the deposit is considered to be the date specified in the payment order for the return of the deposit.

10.2.2. The auction organizer has the right to refuse to hold an Auction for any Lot no later than 3 days before the date of the Auction specified in the information message,

10.3. Procedure for withholding the Deposit

The deposit paid will not be returned if:

  • The Auction Participant recognized as the winner will evade (refuse) from signing the protocol for summing up the results of the Auction
  • The Auction Participant recognized as the winner will evade (refuse) from signing and paying for fixed time Property purchase and sale agreements

Hello, dear colleague! In today's article we will talk about participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. IN currently Electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of April 30, 2019). The popularity of this procedure is only gaining momentum every year, but despite this popularity, problems among auction participants are not decreasing. Therefore, in my article I tried to provide the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article was updated on April 30, 2019).

1. The concept of an electronic auction

So, let's first look at the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Auction in electronic form (electronic auction) - an auction in which information about the procurement is communicated by the Customer to an unlimited number of persons by posting in the (Unified Information System) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on procurement participants, the holding of such an auction is ensured on an electronic platform by its operator.

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

Electronic auction — auctions held in in electronic format on electronic platforms, the winner of which is the person who offered the lowest price for a state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.

2. Platforms for holding electronic auctions

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

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

3. In what cases is an electronic auction held?

According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, and services are purchased, including:

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

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

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

Important: The customer has the right to purchase goods, works, and services not included in the above lists through an electronic auction (Part 3 of Article 59 of 44-FZ).

4. Accreditation of electronic auction participants

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the Unified Information System and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be in force on January 1, 2019. Now new procurement participants must register in the Unified Information System, after which they will be automatically accredited at 8 “state” sites. This is much more convenient and faster than separate accreditation at each site.

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

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

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

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

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

5.1 Actions of the Customer during an electronic auction

Stage No. 1 - Preparing for an electronic auction

At this stage, the Customer is organizing and planning the upcoming purchase, forms an auction (single) commission, determines its composition and operating procedure, develops and approves the regulations on the commission, and attracts a specialized organization (if necessary).

Stage No. 2 - Preparation of documents for an electronic auction

At this stage, the Customer is developing and approving documentation about the electronic auction ( general provisions, information card, application form, instructions for filling out the application, justification for the NMCC, technical task, draft contract, etc.).

Stage #3 - Posting information about the electronic auction

At this stage, the Customer prepares and places in the Unified Information System (on the official website www.zakupki.gov.ru) a notice of the electronic auction and documentation.

Stage No. 4 - Identification of participants in an electronic auction

At this stage, the Customer reviews the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.

Stage #5 - Determining the winner of the electronic auction

At this stage, the Customer reviews the second parts of applications for participation in the EA received from the operator of the electronic platform and prepares a protocol for summing up the results. Over the course of a day, over 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.

Stage No. 6 - Conclusion of a contract with the winner of the electronic auction

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

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

5.2 Actions of the participant during the electronic auction

Stage No. 1 - Receiving an electronic signature

To participate in electronic auctions, as well as register in the Unified Information System and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, you can order it.

Stage No. 2 - Registration in the Unified Information System and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, so he must undergo this procedure. How to do this was written above.

Note: The first two stages are essentially preparatory stages, without which participation in electronic auctions is impossible.

Stage No. 2.1 - Opening a special account for depositing collateral for applications

In order to apply for participation in an electronic auction, you will also need a special account into which money is credited to secure applications. Also, the site operator will deduct money from this account for winning the auction if you are recognized as the winner. What a special account is and why it is needed is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.

Stage #3 - Searching for information about an ongoing electronic auction

At this stage, the potential participant searches for information about the auction posted in the UIS (on the official website www.zakupki.gov.ru) and downloads the entire set to his computer auction documentation. The search for information can also be carried out by the participant directly on the electronic platforms themselves. On the topic of effective search for tenders in our online school“The ABC of Tenders” has a separate training module, which covers both paid and free information search tools. You can find out more about our school.

Stage No. 4 - Analysis of auction documentation

At this stage, the procurement participant studies the documentation on the ongoing EA (technical specifications, instructions, draft contract, etc.) and makes a decision: to participate in the auction or not. If the participant makes a positive decision, then he moves on to the next stage.

Stage #5 - Depositing funds into a special bank account

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

Note:

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

Stage No. 6 - Preparing and sending an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all the necessary documents on the electronic platform, sign them with a qualified electronic signature and send them to the operator of the electronic platform. Within one hour from the date and time of the deadline for submitting applications for participation in the EA, the operator of the electronic platform sends to the bank information about the procurement participant and the amount of funds required to secure the application. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic platform, blocks funds in the special account of the procurement participant in the amount of the security for the corresponding application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.


Stage No. 7 - Direct participation in the electronic auction

If, after the Customer has reviewed the first parts of the applications, the participant’s application is found to meet the Customer’s requirements, such participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the established day and time and takes part in the EA procedure (submits price proposals). We will talk in more detail about how this procedure takes place later in this article.

Stage No. 8 - Conclusion of a contract with the Customer based on the results of an electronic auction

If the EA participant is recognized as the winner, he prepares the contract security (or payment order), checks the draft contract prepared by the Customer, and sends to the Customer, through the operator of the electronic platform, a contract signed with a qualified electronic signature, as well as a document confirming the provision of the execution security contract. The process of concluding a contract with the Customer is described in more detail.

So we have looked at the algorithm for conducting an electronic auction under 44-FZ. Each of the stages we have considered has strictly regulated deadlines, which we will discuss below.

6. Timing of the electronic auction under 44-FZ

For ease of perception of information, all stages of the electronic auction, as well as the timing of these stages, are presented below in table form. This table also contains links to specific paragraphs of Law No. 44-FZ in which these deadlines are established.

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

11. Requirements for participants in an electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, an EA participant can be any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of a legal entity registered in an offshore zone) or any individual, including one registered as individual entrepreneur.

Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if there are such requirements) of Article 31 44-FZ ( Note: These are requirements for the participant to have the necessary licenses, SRO approvals, requirements for the absence of information about the participant in the register of unscrupulous suppliers (RNP), as well as additional requirements established by the Government of the Russian Federation).

General requirements for all procurement participants are established in Art. 31 44-FZ.

You can find out more about the requirements for procurement participants.

12. Application for participation in the electronic auction

According to Part 2 of Art. 66 44-FZ, an application for participation in an electronic auction consists of 2 parts: the first and second parts of the application.

The requirements for the content of the first part of the application are established by the norms of parts 3, 4 of Article 66 of 44-FZ.

So, according to Part 3 of Article 66 of 44-FZ, the first part of the application for participation in the electronic auction must contain:

1) consent of the electronic auction participant for the supply of goods, performance of work or provision of services on the terms provided for in the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given using the software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent to the electronic platform);

2) when purchasing goods or purchasing work, services, for the performance or provision of which the goods are used:

A) name of the country of origin of the goods (if the Customer establishes in the notice of an electronic auction, documentation of an electronic auction conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 44-FZ);

Important: If the Customer does not establish prohibitions and restrictions on the admission of goods in the notice and documentation in accordance with Article 14 of the 44-FZ, the procurement participant may not indicate in his application the name of the country of origin of the goods.

b) specific product indicators , corresponding to the values ​​​​established in the electronic auction documentation, and indication of the trademark (if available) . The information provided for in this subclause is included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if a procurement participant offers a product that is designated trademark, different from the trademark specified in the electronic auction documentation.

Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to supply this particular product to the Customer, then in the first part of the application it will be enough to simply indicate your consent to supply this product. There is no need to indicate specific product indicators. If the trademark is not indicated or you plan to supply goods with a different trademark, then indicating specific indicators in this case is mandatory.

The biggest problem for 90% of procurement participants is the rejection of their applications at the stage of consideration by the Customer of the 1st part of the application. In fact, the first part of the application for the Customer is the main tool for lobbying “their” supplier (contractor).

In order to avoid mistakes when participants prepare the first part of the application, I have prepared a detailed practical guide called “Punch Application. Get admission to any auction.” Find out more about this manual Can .

Second part of the application to participate in the EA must contain the following documents and information:

1) name (full name), location (place of residence), postal address of the auction participant, contact details, INN of the auction participant or an analogue of the INN of the auction participant (for a foreign person), INN (if any) of the founders, members of the collegial executive body, person performing the functions of the sole executive body of the auction participant;

2) documents confirming the auction participant’s compliance with the requirements established by paragraph 1 of part 1, parts 2 and 2.1 of Article 31 (if there are such requirements) 44-FZ, or copies of these documents, as well as ( Note: the specified declaration is provided using the software and hardware of the electronic platform. However, I also recommend attaching this declaration as a separate file as part of the second part of the application);

3) copies of documents confirming the compliance of goods, work or services with the requirements established in accordance with the legislation of the Russian Federation, if, in accordance with the legislation of the Russian Federation, requirements for goods, work or services are established and the submission of these documents is provided for by the documentation on EA ( Note: at the same time, it is not allowed to require the presentation of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);

4) decision on approval or execution of a major transaction or a copy this decision;

5) documents confirming the right of an EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (if the EA participant has declared receipt of these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penal system, as well as organizations of disabled people);

6) documents provided for by regulatory legal acts adopted in accordance with Article 14 44-FZ, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents provided for in this paragraph, or copies of such documents, this application is equated to an application that contains a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed or provided by foreign persons);

7) a declaration that the participant in such an auction belongs to small businesses (SMB) or socially oriented non-profit organizations(SONKO) if the customer establishes the restriction provided for in Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic platform. Also additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

  • Require the EA participant to provide other documents and information, with the exception of those provided for in Parts 3 and 5 of Art. 66 44-FZ documents and information are not allowed;
  • An EA participant has the right to submit an application to participate in the auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for submitting applications are indicated in the local time of the purchasing organization, please remember this when submitting your application);
  • An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic platform in the form of 2 electronic documents simultaneously;
  • Within one hour from the moment of receiving an application for participation in the EA, the operator of the electronic site is obliged to assign it an identification number and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or returns the application to the participant for reasons specified in clauses 1-5, part 11, article 66 44-FZ);
  • An EA participant who submitted an application to participate in the auction has the right to withdraw this application no later than the deadline for filing applications for participation in the auction, by sending a notification to the operator of the electronic platform.

Cases of an application being returned to a participant by the operator of an electronic platform:

1) the application was submitted in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed electronically);

2) one participant in the auction has submitted two or more applications for participation in it, provided that the previously submitted applications by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant’s application was received after the date or time of the deadline for submitting applications for participation in the auction;

4) an application from an auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The registration period for a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer .

13. Electronic auction procedure under 44-FZ

In this part of the article, we will look at the procedure for participating in an electronic auction directly on the electronic platform itself.

So, participants registered in the Unified Information System, accredited on the site and admitted to participate in such an auction can participate in the EA (after consideration of the first parts of applications). I think this is clear.

The auction itself is held on an electronic platform on the day specified in the notice of its holding ( Note: The day of the EA is the working day following the expiration of 2 days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction).

Important: The start time of the auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the Customer is located.

The auction is held by the auction participants reducing the NMCC specified in the notice. The amount of reduction in NMCC (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC, but not less than 100 rubles . When conducting an EA, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.

Requirements for price offers of auction participants:

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

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

2) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;

3) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal if it is submitted by such an electronic auction participant ( Note: this means that you cannot reduce your price if it is this moment the best).

If a participant in the EA offers a contract price equal to the price proposed by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.

Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not be too alarmed, because it simply will not be accepted by the operator. Accordingly, you can adjust your proposal and submit it again.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.

When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set at 10 minutes after the last offer on the contract price is received . If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.

Within 10 minutes from the moment of completion of the EA, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account requirements 1 and 3, which are specified above in the section “Requirements for price proposals of auction participants "

Within 30 minutes after completion of the EA, the operator places the protocol of the electronic auction on the electronic platform.

The EA protocol shall indicate:

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

Within 1 hour after posting the protocol of the EA on the electronic platform, the operator of the electronic platform sends to the Customer the specified protocol and the second parts of the participants’ applications, and also sends appropriate notifications to the participants whose second parts of the applications were transferred to the Customer for consideration.

The operator of the electronic site is obliged to ensure the continuity of the auction, the reliability of the functioning of the software and hardware used for its conduct, equal access of its participants to participate in it, as well as the implementation of actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.

To better assimilate the information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:

14. How long does the electronic auction last?

Many procurement participants are interested in how long the electronic auction procedure can last. It is difficult to give an unambiguous answer to this question, since everything depends on the specific auction, on the NMCC, on the number of participants allowed to participate in the auction, and on the auction steps that they use during participation.

Minimum term conducting EA is 10 minutes. This is the case when the participants have not submitted a single price proposal.

According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is established, amounting to 10 minutes from the start of such an auction before the deadline for submitting proposals for the contract price, and 10 minutes after the last offer is received about the contract price.

The maximum duration of EA can be up to several days. This can happen when the participants reach a contract price of 0.5% of the NMCC or lower. And then an auction is held for the right to conclude a contract by increasing the contract price (Part 23, Article 68 of 44-FZ). However, in practice such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

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

I am often asked whether it is possible to find out information about participants in an electronic auction before the auction. I will answer that it is possible only by bribing the operator of the electronic platform, but this is illegal. Then the next question arises. Whether there is a legal ways find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow us to predict which suppliers will take part in a particular auction. I wrote a separate detailed article on this topic, which you can read.

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

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

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

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

According to Part 9 of Art. 83.2 44-FZ contract can be concluded no earlier than 10 days from the date of placement in the Unified Information System of the protocol for summing up the results of the electronic auction.

Within 5 days from the date of posting the summary protocol in the Unified Information System, the Customer places the draft contract in the Unified Information System and on the electronic platform without his signature.

Within 5 days from the date the Customer places the draft contract in the Unified Information System, the winner places in the Unified Information System the draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

If there are disagreements regarding the draft contract posted by the Customer in the Unified Information System, the winner places in the Unified Information System a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, the documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date the winner places the protocol of disagreements in the UIS, the Customer reviews the protocol of disagreements and, without his signature, places a revised draft contract in the UIS and on the electronic platform, or re-posts the draft contract in the UIS, indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, posting in the Unified Information System and on the electronic platform by the Customer a draft contract indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the winner’s comments contained in the protocol of disagreements is allowed provided that such winner has posted the protocol of disagreements on the electronic platform within 5 days from the date the Customer posted the draft contract in the EIS).

Within 3 working days from the date the Customer places documents in the UIS and on the electronic platform (the finalized draft contract, or the initial draft contract + document on the reasons for refusal), the winner of the electronic auction places in the UIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

Within 3 working days from the date of posting in the Unified Information System the draft contract and contract enforcement, signed with an enhanced electronic signature of the winner, the Customer is obliged to place the contract signed with an enhanced electronic signature in the Unified Information System and on the electronic platform.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For ease of perception of information and a better understanding of the contract signing procedure, I have placed a visual diagram below.

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

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

Anti-dumping requirements

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

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

You can learn more about anti-dumping measures in 44-FZ.

At the end of the article, I suggest you watch another very useful video, which tells you why you should not apply for participation in the EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like and share information with friends and colleagues. If after studying the material you still have questions, then ask them below in the comments.

See you in new articles!


1. Only those registered in a single information system, accredited on the electronic platform and its participants allowed to participate in such an auction.

2. An electronic auction is held on an electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an 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.

3. The day of an electronic auction is the working 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.

4. An electronic auction is conducted by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner established by this article.

5. If in the case provided for in paragraph 2 of Article 42 of this Federal Law, the documentation for the electronic auction indicates the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction is held by reducing the amount of these prices in the manner established by this article.

(see text in the previous edition)

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to 5 percent of the initial (maximum) contract price, but not less than one hundred rubles.

(see text in the previous edition)

7. When conducting 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”.

8. When conducting an electronic auction, any participant also has the right to submit a proposal for the contract price regardless of the “auction step”, subject to compliance with the requirements provided for in Part 9 of this article.

9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:

1) a participant in such an auction does not have the right to submit a contract price proposal that is equal to or greater than the contract price proposal previously submitted by this participant, as well as a contract price proposal equal to zero;

2) a participant in such an auction does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;

3) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price if it is submitted by such a participant in an electronic auction.

10. From the start of the electronic auction on the 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 deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically, using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.

12. Within ten minutes from the moment of completion of the electronic auction in accordance with Part 11 of this article, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account the requirements provided for paragraphs 1 and 3 of part 9 of this article.

13. The operator of the electronic site is obliged to ensure the confidentiality of information about its participants when conducting an electronic auction.

14. During an electronic auction, the operator of the electronic site is obliged to reject proposals for the contract price that do not meet the requirements provided for in this article.

15. Rejection by the operator of the electronic platform of proposals for the contract price on grounds not provided for in Part 14 of this article is not allowed.

16. If a participant in an electronic auction offers a contract price equal to the price offered by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.

17. In the event of an electronic auction being held in accordance with Part 5 of this article, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) technical services maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.

(see text in the previous edition)

19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in in accordance with Part 18 of this article, received the first ten serial numbers, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as information and electronic documents of these participants, provided for in Part 11 of Article 24.1 of this Federal Law. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

(see text in the previous edition)

20. If within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of this article, such an auction shall be deemed invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

21. Any participant in an electronic auction, after posting the protocol specified in Part 18 of this article on the electronic platform and in the unified information system, has the right to send to the operator of the electronic platform a request for clarification of the results of such an auction. The operator of the electronic platform is obliged to provide this participant with appropriate explanations within two working days from the date of receipt of this request.

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the functioning of the software and hardware used to conduct it, equal access of its participants to participate in it, as well as the implementation of the actions provided for in this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. Moreover, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision to approve or to carry out transactions based on the results of such an auction on behalf of the procurement participant;

(see text in the previous edition)

3) the amount of contract performance security is calculated based on the initial (maximum) contract price specified in the notice of such an auction.

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