Participation in an electronic auction: step-by-step instructions. Learning to participate in electronic auctions: stages, deadlines, requirements Can a participant in an electronic auction submit an offer for a contract price equal to zero

• On 04/15/2018
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• 223-FZ, 44-FZ, EIS, Purchase of medicines, medical equipment, Purchases from a single supplier, Request for quotations, Request for proposals, NMCC, SMP, Electronic signature, Electronic auction, ETP

In this material we have collected all the information about electronic auction, which is contained in 44-FZ. It is no secret that this law is sometimes difficult to understand, so we have tried to present its provisions as accessible and simple as possible.

What is an electronic auction and when is it held?

An electronic auction is understood as a procurement that:

• held in electronic form and is carried out on the electronic trading platform ( ETP);
• passes in open tender format in real time, that is, participants see each other’s bids and can improve their price offers.

Under under improvement in in this case means submitting an application with a price lower than that of competitors, since an electronic auction under 44-FZ is held to reduce the contract price.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Single register procurement participants) on the portal UIS (Unified Information System) in the field of procurement zakupki.gov.ru.

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

An electronic auction is considered the most transparent procedure of all methods for determining a supplier. Its disadvantage is that the selection criterion at the bidding stage is only the price. Therefore, you can purchase through an auction not just any goods, works or services, but only those for which you can:

• accurately describe the procurement object;
• evaluate the application solely on price.

Such procurement items are included in the list approved by the Government of the Russian Federation. The goods, services and works included in it must be purchased strictly through an electronic auction. But there is an exception: if the conditions for the purchase of an object from the auction list “fit” into the request for quotations or proposals or the conclusion of a contract with sole supplier, then the appropriate procedure can be carried out. So, if the price of a contract for the purchase of goods from the auction list does not exceed 100 thousand rubles, instead of an auction, you can purchase from a single supplier.

In addition, the customer can purchase other goods, works or services through an auction if they can be clearly described and assessed only by price.

The essence of the electronic procedure

The parties to the electronic auction are:

• customer;
• suppliers;

ETP is an Internet resource that provides other parties with the technical capabilities to interact for the purpose of bidding and concluding contracts. Each site is managed operator, that is, the legal entity that owns it. Not any ETP is allowed for trading under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are allowed to conduct procedures within the framework of government procurement. However, soon.

To become a trading participant on the ETP, you need to go through accreditation. For now, this procedure is carried out at each site separately, but after all purchases are transferred to electronic form, instead, it will only be enough to register in the Unified Information System.

Exchange of documents

The name of the procedure implies electronic document management. This means that all documents signed by the parties are in electronic format and signed electronic signature. To obtain an EDS certificate, customers must contact the Treasury. Suppliers can obtain a signature from any certification authority.

Note! From July 1, 2018, suppliers must use a qualified electronic signature. For now it is allowed to use unqualified.

The exchange of electronic documents occurs through the platform. The exception is the process of concluding a government contract - it takes place in the Unified Information System. ETPs are obliged to ensure the confidentiality of information about auction participants until the results are summed up. In addition, information and documents on all previously held procedures are stored on the site.

The responsibilities of the ETP operator include publishing documents. This applies not only to the protocols that are drawn up during the auction, but also to the documents that customers upload to the site, namely notices and other procurement documents, their changes, clarification of the provisions of the documentation and notices of refusal to hold the auction. The operator also sends all these documents (with the exception of the notice of an electronic auction and auction documentation, which is placed in the Unified Information System) to the participants’ mail.

Accreditation for ETP

To obtain accreditation at the site, you must submit a set of documents to the operator. For now, this needs to be done at each site. However, the accreditation process will be reduced to registration in the Unified Information System. For now, the old accreditation rules are in effect, so let’s pay attention to them.

IN set of documents submitted to the trading operator, includes:

1. Statement.
2. A copy of an extract from the relevant register (Unified State Register of Legal Entities, Unified State Register of Individual Entrepreneurs), received no earlier than 6 months ago. If the application is submitted by an individual, instead of an extract, you must submit a copy of your passport.
3. Copies of constituent documents for legal entity.
4. TIN or equivalent (for foreigners).
5. If a foreign person undergoes accreditation, notarized documents on registration of a legal entity or individual entrepreneur are attached, for an individual - a copy of an identity document.
6. A document on the basis of which a representative of a legal entity acts on behalf of his company. It could be:
   • decision on appointment or election as a director;
   • a copy of the order of appointment to the position.
7. If another person acts as a representative, then a document confirming his authority is attached. If this individual, you must submit a notarized power of attorney. If legal - the original power of attorney issued by the company.
8. Decision to approve a major transaction.
9. Email address.

Note! The customer does not have the right to require participants who have been accredited to the ETP to provide any other documents.

After submitting a set of documents to the ETP, the operator must accept accreditation decision. This is what he has to do 5 working days. As a result, the supplier should be notified of what decision has been made. If it is positive, along with it the participant will receive access to auctions and an account number for transferring bid security. If negative, the message will indicate the reasons for this.

Refusal can occur in several cases:

• no documents for accreditation have been submitted;
• documents have been submitted but do not meet the requirements;
• the company is registered offshore.

There cannot be any other grounds for refusal of accreditation. If the deficiencies are corrected, the supplier may reapply for accreditation.

If accepted positive decision The participant is given accreditation for a period of 3 years. It is important to remember that it is mandatory to notify the ETP of changes. This is necessary if:

• The supplier's details have changed or changes have been made to the documents.
• The electronic signature has changed or its validity period has expired.
• new powers of attorney were issued to work on behalf of the bidder.

The participant sends a notification about this to the ETP, and the operator makes changes to his data. If necessary, documents are also placed on the site.

Important! The trading operator does not verify the accuracy of the information and documents provided to it by participants. All responsibility for this falls on themselves.

Having received accreditation, the participant can see all auctions held on the site. To take part in them, he needs transfer funds to ETP. At the time of sending and applying for a particular auction, an amount equal to the amount of its security will be blocked from these funds.

The opportunity to take part in auctions is blocked 3 months before the end of the accreditation period. ETP notifies the participant that accreditation needs to be renewed. You can start the process without waiting for this notification, but not earlier than 6 months before the expiration of the current accreditation.

The operator, in turn, leads Register of accredited participants. It contains the following data:

• information from the application for accreditation;
• documents of the participant, with the exception of constituent documents and extracts from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs;
• last day of accreditation validity.

Information is sent to this Register on the same day when the decision is made to accredit the applicant. If changes are made to the information, they are reflected in the register within 1 hour. If the accreditation period expires, the participant is removed from the register within one working day. The same will follow if the operator decides to exclude the supplier from the register. The site must notify the supplier that it has been removed from the register of accredited participants.

Documentation

Auction Notice

Notice of the auction is published in the Unified Information System and in any means mass media within the following periods:

• if the contract price is less than 3 million rubles - no less than 7 days before the deadline for accepting applications;
• if the contract price is more than 3 million rubles - no less than 15 days.

The notice includes information required for all purchases:

1. Customer details - name, address, contact details, full name of the person responsible for the purchase.
2. Conditions of the contract - a description of the purchase in accordance with Article 33, information about the quantity of goods purchased or the volume of work, services, as well as the place of their implementation.
3. Duration of the contract.
4. NMCC and source of funding.
5. Identification code.
6. Restrictions or preferences for separate groups participants. For example, providing information that the procurement is carried out for small businesses.
7. Method for determining the supplier.
8. Application information.
9. Information on the amount and procedure for providing application security.
10. Information about the security of the contract - size, order of presentation, information about banking or treasury support.

In addition, the notice includes information about a specific procedure: ETP address, closing dates for accepting applications and holding the auction, amount of application security, requirements for the participant - general and additional, conditions and prohibitions for the implementation of the national regime (if established).

Auction documentation

The auction documents generally repeat all the information contained in the notice. In addition, the auction documentation contains such information:

1. A complete description of the procurement object, the terms of the government contract, as well as justification for the price.
2. Requirements for the content of the application, including instructions for filling out.
3. Payment procedures, including issues regarding the application of foreign currency exchange rates.
4. Information about the customer's contract service, contract manager or person who is responsible for this auction.
5. Information about changes to the terms of the contract.
6. Contract signing period.
7. Conditions under which the winner will be recognized as having evaded.
8. The period in which participants can send a request for clarification of the provisions of the documentation.
9. Information about unilateral termination of the contract.
10. Draft contract.

Request for clarification

If the supplier has questions about certain provisions of the documentation, he can request clarification. This feature works for any accredited participant. Each of them can submit 3 requests within one procedure. The following deadlines have been established for this:

1. The request is sent no later than 3 days before the deadline for accepting applications.
2. ETP transfers it to the customer within 1 hour.
3. The customer posts his explanations within 2 days. However, information about the participant who submitted the request is not published.

Documentation changes

As a result of the clarification, the procurement documentation may be changed. In addition, the customer can do this at his own discretion. The rules are:

1. You can change the documentation no later than 2 days until the end of applications.
2. The change is published within 1 day after making such a decision.
3. The deadline for accepting applications is extended so that there are 7 or 15 days depending on the contract price.
4. The clarification should clarify or make additions to the documentation, but not change its essence.
5. It is prohibited to change the procurement object or increase the contract security.

Filing an application

An application for an electronic auction consists of two parts. We wrote in detail in a separate article.

The second part of the application consists of information about the supplier and the procurement object. The supplier provides:

1. Information about yourself - name, location, contacts, and so on.
2. Documents that confirm that it meets the uniform requirements for procurement participants.
3. Documents (copies) confirming compliance of the procurement object with legal requirements.
   

   Note! If such documents are transferred along with the goods, the supplier does not have to submit them as part of the application.

4. A decision to approve a major transaction, if applicable to a given purchase for that supplier.
5. Documents that confirm the supplier’s right to receive preferences (for example, for organizations of people with disabilities).
6. Documents confirming that the product complies with the conditions of the national regime, if such requirements are established for it.
7. If the purchase is for SMP and SONO - a declaration of affiliation with such entities.

Pay attention! The customer cannot require the supplier to provide other documents or information.

You can submit your application at any time, including the last day of admission. Both parts of the application are sent simultaneously. An application for an ETP is submitted, then the operator confirms within an hour that it has been received and assigns a number to it. Submitting more than one application for participation in the auction is prohibited.

At the first stage, the application is verified by the platform itself. The operator cannot reject the application for other reasons, except:

• violation by the participant of the rules for signing digital signature documents;
• the participant submits a second application if the first is not withdrawn;
• violation by the participant of the deadline for submitting an application;
• shortage Money to secure an application;
• expiration of the supplier's accreditation period for the ETP (applications are no longer accepted 3 months in advance).

When sending a refusal to accept an application to a participant, the operator must explain the reason. The participant himself can withdraw the application before the end of the admission period - there are no restrictions for this.

When the deadline for accepting applications is over, ETP sends their first parts to the customer. He must do this no later than the next working day.

It happens that not a single application is submitted. In this case, the auction is recognized failed.

Review of the first parts of applications

No more 7 days from the closing date for accepting applications, the customer’s commission reviews their first parts. There are only two reasons for refusal:

1. The participant incorrectly completed the consent to supply goods, provide services or perform work, or indicated incorrect parameters of the procurement object.
2. The participant provided inaccurate or incomplete information in the application.
3. Having considered all applications, the commission draws up a protocol in which all participants are listed with the serial numbers assigned to them and indicates for each of them information about admission or inadmissibility to participate in the auction. If a participant is refused, this decision must be justified. The documentation or law that the participant violated should be identified.
4. The protocol is sent to the ETP and placed in the Unified Information System before the end of the application review period. The trading operator must send all participants a notification of the customer’s decision within an hour after receiving the protocol.
5. It happens that not a single application, as a result of consideration of their first parts, is launched for the auction. In this case, it is considered that the auction did not take place.

Bidding procedure

The auction date is indicated in the documentation. It is held in 2 days after consideration of the first parts of applications. If this day falls on a weekend, then the next day is the first working day. The time is assigned by the operator and depends on the time zone.

All participants admitted to the procedure gather in the “auction hall” at the ETP on the appointed day and time. When the auction begins, they submit their price bids. The price step cannot be less than half a percent of the NMCC or the current minimum bid of the participant. You can only improve your own application, that is, submit another one with a lower price. However, if the best entry is yours, you cannot improve it further until another participant does so. It is also prohibited to submit an application with a price equal to zero. More details, price offers and price increments can be read in a separate material.

If within 10 minutes after the last bid no one has “outbid” it, the auction is considered completed.

It happens that two participants receive the same requests. In this case, the winner will be the one whose application is recorded first.

For the next 10 minutes, participants can submit offers with a price not lower than that of the winner. It can be anything between the NMCC and the leader price. In this case, the calculation is made that at the stage of consideration of the second parts of applications, some of them may be rejected.

Auction protocol

Based on the results of the auction, the operator generates a protocol in which he indicates information about the initial contract price and all the latest bids from participants, distributed in ascending order of price. That is the participant who submitted the best application will be assigned the number “1”. For each application, the time at which it was received is recorded. In addition, the protocol indicates the address of the ETP, as well as the start and end time of trading. The protocol is posted on the site within 30 minutes after the end of the auction.

Within the next hour, the operator must send to the customer:

• auction protocol;
• the second parts of the applications of all participants, which are ranked in the protocol under numbers 1-10;
• documents from the register of accredited participants.

In addition, notification of the auction results is sent to its participants.

It happens that in the first 10 minutes of trading no one submitted a single offer. Then it is considered that the auction did not take place. The operator publishes a protocol in which he indicates the ETP address, the start and end time of the auction and the initial price of the contract.

If an auction participant does not understand something in the auction results, he can send a request for clarification. The response to the operator is given 2 working days.

If the price “crosses zero”

During bidding, the contract price may be reduced to zero. By submitting the following proposals after this, the participants will compete among themselves for the right to conclude a contract with the customer. The final price will be paid by the winning bidder to the customer for the conclusion of the contract. Such an auction can be held for up to 100 million rubles. A participant cannot submit an application for an amount exceeding the value of a major transaction, which is published in the Register on the ETP. The contract security in this case is calculated not from the price offered by the winner, but from the initial price.

Consideration of the second parts of applications

The customer commission reviews the second parts of applications from participants who took first to fifth place at the end of the auction. The review process lasts no more than 3 working days. The only basis for rejecting the second part of the application is lack of necessary information or presence of inaccurate information.

When all applications have been considered, the customer draws up a protocol for summing up the results of the auction. It indicates serial numbers 5 best applications and a note is made about their compliance with the requirements. If the application is found to not meet the requirements, it is necessary to indicate what exactly was violated. For each application, the decision of each member of the commission is indicated.

Participants who take the first 3 places cannot withdraw their applications. All other participants can do this by sending a notification to the ETP operator.

The winner of the auction is the participant who offered minimum price- provided that the second part of his application meets the requirements. If the auction “passes 0”, then the participant who offers the highest price wins.

The protocol is published in the Unified Information System no later than the next working day. In addition, within an hour the ETP operator must notify all participants about the results of consideration of applications.

If no second part of the application meets the requirements, the auction is recognized failed.

If a participant does not agree with the actions of the customer or ETP operator, he may.

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

The customer enters into a government contract with the participant who is declared the winner. During 5 days After posting the final protocol, the customer publishes a draft contract in the Unified Information System. It must contain data from the winner’s application and the price offered by him. First, the contract is signed by the performer. He has 5 days from the date of placement of the project in the Unified Information System in order to provide security and sign. As a result, he must post a signed contract and a document confirming the payment of security.

The customer is the last to sign the contract. He can do it no earlier than 10 days from the date of publication of the final protocol.

Anti-dumping and additional enforcement measures

If during bidding the contract price falls by more than a quarter of the initial price, anti-dumping measures come into force. They are as follows:

1. If the NMCC is more than 15 million rubles, the amount security increases by one and a half times.
2. If the NMCC is less than 15 million rubles, you can either provide increased security (clause 1) or provide contracts executed without penalties.

For some procurement items that fall into the category of vital goods, additional requirements have been established. These are food products, medicines, means for providing emergency care, fuel. To confirm the seriousness of its intentions, the participant must provide the customer with one of the documents:

1. A letter of guarantee from the manufacturer, which indicates the price and quantity of goods shipped to the supplier.
2. A document that confirms that the supplier has the goods needed for delivery.
3. Other documents confirming that the supplier is able to fulfill its obligations and deliver the purchased item at the price offered.

Drawing up a protocol of disagreements

Law 44-FZ does not allow changing the essential terms of the contract. However, the supplier may notice some inaccuracies in the project proposed by the customer for signature: discrepancy between the data and what is indicated in the notice, auction documentation or participant’s application. In this case, a protocol of disagreements is drawn up. It indicates what exactly does and does not correspond.

Next 3 days are given to the customer for a response. And it could be like this:

• a new version of the contract with corrected inaccuracies pointed out by the supplier (without the customer’s signature);
• the contract in the old version plus a document justifying why changes cannot be made.

Now already 3 days the supplier has the opportunity to sign a contract or send a new protocol of disagreements. An unlimited number of such protocols can be submitted. However, the following rule must be followed: the latest protocol can be sent to the customer no later than 13 calendar days from the date of publication of the final protocol of the auction.

When all disagreements are resolved and the contractor has signed the contract, the customer has 3 days to sign.

Avoidance of signing a contract

The auction winner will be recognized as having evaded concluding a contract if he violates the following rules:

• fails to sign the contract within the prescribed period and send it to the customer;
• will send a protocol of disagreements after 13 days from the date of publication of the final protocol of the auction;
• fails to provide security or provides security that does not meet the requirements.

The customer has the right to go to court to claim damages from the auction winner that resulted from his refusal to conclude the contract. As for purchasing, then the contract can be concluded with participant No. 2. If he gives his consent, then within 10 days the customer sends him a draft contract. If participant No. 2 refuses, then a decision is made to declare the auction invalid.

The auction did not take place

So, the electronic auction was declared invalid. What's next? The course of action depends on whether there are bidders for the contract or not.

There is only one contender

Only one application can be submitted to the auction. Or several applications were submitted, but based on the results of consideration of the first parts, it was decided that only one of them meets the requirements. That is, only one participant is allowed to participate in the auction. It is clear that in such a situation it cannot be carried out, however, a contract can be concluded with the participant, as with a single supplier.

The site operator must send the participant’s documents to the customer no later than one business day after the deadline for accepting applications. Next, the auction commission will review his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up in which the customer will indicate his decision. If the customer is found to meet all requirements, a contract will be awarded to him.

There are participants, but there are no price offers

Another possible variant, when the auction is declared invalid, the participants admitted to it did not submit price proposals during the auction. In this case, the customer reviews all second parts of the applications and determines which of the auction participants fully meets the requirements. The contract will be concluded with those of them who are recognized as eligible and submitted an application earlier than others.

There are no contenders

This is possible in a situation where no bids were received for the auction or, based on the results of consideration of the first parts, none of them were found to meet the requirements. In this case, the customer must change his planning documents and carry out. If the provisions of Law 44-FZ allow, the purchase can be carried out in another way.

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

General provisions

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

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

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

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

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

Procedure for the customer to conduct an electronic auction

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

Let's consider the main points of these stages.

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

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

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

The composition of the created auction (unified) commission must be approved by order. In addition, a regulation on the auction (unified) commission should be developed and approved.
At the same time, to organize the electronic auction procedure, the customer has the right to attract, on the basis of a contract, a specialized organization to perform certain functions as determined by the supplier, including the development of auction documentation, placement in a single information system notifications about holding an electronic auction, performing other functions related to ensuring the determination of the supplier (clause 1, article 40 of Federal Law N 44-FZ).

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

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

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

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

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

In the notice of an electronic auction, along with the information specified in Art. 42, are written:
- address of the electronic platform on the Internet;
- expiration date for consideration of applications for participation in the auction in accordance with clause 2 of Art. 67 Federal Law N 44-FZ;
- date of the auction in accordance with clause 3 of Art. 68 Federal Law N 44-FZ. If the date of the auction falls on a non-working day, the day of the auction is postponed to the next working day;
- account details for depositing funds as security for bids of participants in such an auction and the amount of security for these bids;
- benefits provided by the customer in accordance with Art. 28-30 of Federal Law N 44-FZ;
- requirements for participants in this auction and an exhaustive list of documents that must be submitted by auction participants in accordance with paragraphs. 1, 2 clause 1 and clause 2 art. 31 of Federal Law N 44-FZ (if the above requirements are present);
- conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons.
At the same time, by virtue of clause 3 of Art. 65 of Federal Law N 44-FZ, any participant in an electronic auction who has received accreditation on an electronic platform has the right to send to the address of the electronic platform on which the auction is planned to be held, a request for clarification of the provisions of the documentation about this auction. Moreover, an auction participant has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the said request, it is sent by the operator of the electronic platform to the customer.
Within two days from the date of receipt of the request from the operator of the electronic platform, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from whom the request was received, provided that the specified request was not received by the customer later than three days before the deadline for filing applications for participation in the auction.
If a request is received later than three days before the deadline for submitting applications, the customer must not respond to it.

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

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

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

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

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

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

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

During an electronic auction, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the auction step.
Federal Law N 44-FZ establishes that from the start of an electronic auction on an electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the submission deadline, must be indicated. contract price proposals.

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

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

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

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

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

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

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

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

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

Before open auction In electronic form, the customer places a notice of the upcoming auction on the official website no less than 20 days before the deadline for submitting applications. Moreover, if the price of the lot does not exceed 3 million rubles, the customer has the right to place such a notice at least 7 days before the closing date for accepting applications.

In the notice of electronic trading are indicated:

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

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

Clarification of the provisions of the auction documentation

After the notice is published, the procurement participant has the right to send a request for clarification of the auction documentation. Upon receipt of such a request, the operator redirects it to the customer within an hour, without disclosing the name of the participant who asked the question. The customer, within 2 days from the receipt of the request, provides an explanation of the auction documentation on the all-Russian government procurement website. At the same time, the response time to the request is controlled by the FAS automatically using the platform’s means.

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

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

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

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

An application is rejected in several cases:

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

Conducting an auction in electronic form

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

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

Consideration of the second parts of applications

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

Conclusion of a government contract

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

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

Cancellation of electronic auction

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

An electronic auction is a rather complex method of procurement, which requires the customer to perform a number of sequential actions in established by law No. 44-FZ deadline. In this article we will talk about each stage of the electronic auction and the timing.

The School of Electronic Trading provides professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
In Law No. 44-FZ, an electronic auction is understood as a method of determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.

For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.

1. Placing a notice of an electronic auction and documentation in the Unified Information System (UIS).

In order to communicate information about the purchase to an unlimited number of people, the customer places a notice of the auction in the Unified Information System.

The minimum deadlines for posting a notice in the Unified Information System are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMCP). Thus, for NMTsK not exceeding 3 million rubles, a notice must be placed no less than 7 days before the deadline for submitting applications for participation in the electronic auction, with NMCC exceeding 3 million rubles. - no less than 15 days.

Law No. 44-FZ does not establish a special procedure for calculating deadlines. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period defined by the period begins the next day after the calendar date or event that determines its beginning.

A notice of an electronic auction should be placed so that the period between the day the notice is posted and the closing date for filing applications is at least 7 (15) calendar days.

The Ministry of Economic Development of Russia adheres to a similar position (letter dated August 28, 2015 No. OG-D28-11486).

Customers should be very careful about the timing of posting a notice of procurement, since for shortening the deadline for submitting applications, a fine of 30 thousand rubles may be imposed on the customer's official. (Part 8 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction can be canceled by order of the control body.

2. Placement in the Unified Information System of clarifications of the provisions of the documentation on the electronic auction.

Clarifications of the documentation must be placed in the UIS within 2 days from the date of receipt of the participant’s request from the operator of the electronic platform.

Moreover, if a request comes later than 3 days before the deadline for submitting applications, the customer must not respond to such a request. If the last day of the deadline for the customer to receive a request falls on a weekend, the end date of this period is the next working day (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).

3. Making changes to the notice of an electronic auction or auction documentation.

The customer can make a decision to make changes to the purchase notice or auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. The text of changes must be placed in the UIS within 1 day from the date of adoption of the said decision.

When making changes, you must ensure that there are at least 7 days, and with NMCC more than 3 million rubles. - at least 15 days. If necessary, the deadline for submitting applications is extended.

4. Refusal to conduct an electronic auction.

You can cancel the auction no later than 5 days before the application deadline. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only if a force majeure circumstance occurs.

5. Consideration of the first parts of applications for participation in the electronic auction.

Not later 1 working day, following the deadline for submitting applications for participation in the auction, the operator of the electronic platform sends the first parts of applications to the customer. The auction commission is obliged to check the received applications in order to determine the persons admitted to participate in the auction.

The first parts of applications for participation in an electronic auction must be considered within the period established in the notice and documentation about the auction, which cannot exceed 7 calendar days from the closing date for applications.

The protocol for consideration of applications must be sent to the operator of the electronic platform and posted in the Unified Information System no later than the deadline for consideration of applications.

6. Determination of the winner of the electronic auction.

An electronic auction is held on an electronic platform on the day and time specified in the notice of the electronic auction. The start time of the auction is set by the operator of the electronic platform. The day of the electronic auction is the working day following the expiration 2 days from the date of expiration of the period for consideration of the first parts of applications for participation in such an auction.

After the start of the auction, the time limit for submitting price proposals is 10 minutes. This time is automatically extended after the next proposal from one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another price proposal (not lower than the last proposal for the minimum contract price).

7. Consideration of the second parts of applications for participation in the electronic auction.

The second parts of applications are sent by the operator of the electronic platform to the customer within 1 hour after posting the protocol of the electronic auction on the electronic platform.

The second parts of applications for participation in the electronic auction must be considered within 3 working days from the date of posting the protocol of the electronic auction on the electronic platform. The protocol for summing up the results of the auction is published in the Unified Information System no later than 1 working day, following the date of its signing.

8. Conclusion of a contract with the winner of the electronic auction.

The customer is obliged to place in the Unified Information System a draft contract with the included conditions for its execution proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the Unified Information System the protocol for summing up the results of the electronic auction.

If the winner of an electronic auction places a protocol of disagreements in the Unified Information System, the customer is obliged to consider and take into account the winner’s comments (or refuse to take these comments into account) within 3 working days after posting the protocol of disagreements in the EIS (on an electronic platform).

If the winner sends a protocol of disputes after 13 days After the protocol for summing up the results is posted in the Unified Information System, there is no need to reconcile disagreements. In this case, the winner of the electronic auction is recognized as having evaded concluding a contract.

After the draft contract signed by the winner of the electronic auction is posted in the UIS (on the electronic platform), the customer is obliged to sign it if the winner has provided adequate security for the execution of the contract.

It is advisable to check the provided security immediately after the provision of security by the winner of the electronic auction. If a bank guarantee is presented as collateral, the customer must review it within no more than 3 working days from the date of receipt.

The customer must sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the UIS (on the electronic platform) the protocol for summing up the results of the electronic auction.

It is worth considering that if the last day of the deadline for signing the draft contract by the winner is a non-working day, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter dated June 1, 2015 No. D28i-1449).

If the winner of an electronic auction is recognized as having evaded concluding a contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date the auction winner is recognized as having evaded, and also no later than 3 working days from the date of conclusion of the contract with the second participant, send information about the winner who evaded concluding the contract.

In order not to get confused in the main deadlines provided for by Law No. 44-FZ, we suggest you use the table below: