In what case is an electronic auction held? Conducting electronic trading. How long does an electronic auction last?

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

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

Table of deadlines for all competitive procedures

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

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

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

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

• the participant violated the deadlines for submitting applications for the electronic auction under 44-FZ;
• (applications cannot be submitted if there are less than 3 months left until the end);
• no money has been deposited to secure the application;
• documents are not signed with an enhanced electronic signature;
• The participant sent several applications.

Who sets the start time for an electronic auction?

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

The day of the electronic auction is the first working day after two days have passed from the moment the first parts of applications are considered. The start time of the electronic auction is set by the operator of the trading platform. It is guided by the time zone in which the customer is located.

The procedure itself goes like this: participants reduce the stated starting price by one step. The winner is the one who last offers the lowest cost of fulfilling the contract.

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

Electronic auction under 44-FZ: timing, procurement algorithm

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

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

The next stage is the evaluation of the second parts of applications. The processing time remains a maximum of three days. It is counted from the moment. The ETP operator selects 10 applications whose authors offered the lowest price during the auction. Next, the commission checks applications for compliance with the requirements in ranking order. The winner is the participant who proposed best price, and his application, its first and second parts, were found to meet all requirements.

Electronic auction: terms

Let's consider other terms of the auction under 44-FZ. The law establishes a period for providing clarifications to auction documentation. Participants can apply for the provision additional information at least three days before the deadline for submitting proposals. Next, the customer has two days to answer the questions posed. The answer is posted in the EIS. Each participant has the right to send no more than 3 requests.

Speaking about the timing of the auction in electronic form according to 44-FZ, it is impossible not to touch upon the procedure for signing a contract based on the results of the procurement. The law establishes the following algorithm:

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

Attached files

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

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 give 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, 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 ongoing auction posted in the Unified Information System (on the official website www.zakupki.gov.ru) and downloads the entire set of auction documentation to his computer. 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 - Application Money to 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 Required 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 the 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 legal entity, registered in an offshore zone) or any individual, including 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, which is 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, the 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 the contract price is proposed by the EA participant, equal to 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.

For better absorption 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 evades the EA from concluding a contract with the Customer) does not provide the Customer with fixed time signed draft contract and ensuring the execution of the contract, the electronic auction is declared 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!

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

How is an electronic auction conducted?

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

Stages of implementation

The auction includes several stages:

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Single register procurement participants) on the 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:

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

Auction mechanism

Participants who, based on the results of consideration of the first parts of applications, received admission to trading, “enter” the auction hall at the ETP on the appointed day and time. The procedure begins and participants submit their proposals. If there are no new offers within 10 minutes, that is, the price of the procurement object has not changed, the auction is declared closed. The system automatically determines the winner of the auction, as well as the participants who took second and third place.

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

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

When the auction is over

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

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

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

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

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

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

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

The customer must sign the contract within 3 working days after the contractor does so. You can learn about all the timing and features of each stage of the electronic auction in our State Order training course. RusTender employees specially collected all the necessary information, supported own experience participation, thanks to which you will be able to successfully participate in government procurement and receive contracts. These are the main stages and terms of the auction under 44-FZ, held electronically on the ETP of the federal operator. All time characteristics given in the text are current at the time of writing. To always be up to date latest changes follow the laws of the Russian Federation.

Deadlines for holding an electronic auction under Federal Law 44

It is no more than 7 days after the deadline for submission. During this period, applications that do not meet the requirements specified in the documentation are eliminated.

During the same period, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System. 7. Then the deadline for the auction under 44-FZ comes, this is the third working day after the end date for consideration of the first parts of applications.

Info

The exact time of the event is determined by the ETP operator. 8. Then it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the ETP.

9.

Deadlines for holding an electronic auction according to Law No. 44-FZ

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.

Support for 44-FZ/auction timing calculator

Attention

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in the case of NMCC more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct procurement in electronic form, he can do this no later than 5 days before the deadline for accepting applications.

4. The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The answer must be provided to him within 2 days from the receipt of this request.

5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he fails to do this within the specified period, he will have to take part in the auction.
6. The next stage is the consideration of the first parts of the applications submitted by the participants.

RusTender

• Question answer
• 44-FZ
• Timing of the electronic auction under 44-FZ

The term of an electronic auction under 44-FZ means the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and within what timeframes, according to the law, they must take place.

The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of NMCC: if it exceeds 3 million.

rub., then the notice must be posted 15 days (or more) before the closing date for applications.

If the amount is less than 3 million rubles. - then in 7 days (or more). 2. There are times when it is necessary to make changes to the notice or documentation itself.

The customer has time for this, but no later than 2 days before the deadline for accepting applications.

Important

Procurement in the form of an electronic auction (EA) is the most common procedure at present. According to statistics for the previous year, more than 50% of the total number of purchases in Russia were made in the form of EA.

Part of Article 59 of 44-FZ states that the customer must conduct an EA when purchasing goods, works or services included in the Government list Russian Federation or a list (additional) regulating procurement on the territory of a constituent entity of Russia (Part 2 of Article 59 44-FZ). The customer is also allowed to conduct open electronic auctions to purchase goods, work and services not included in these lists (Part 3 of Article 59 of 44-FZ).

Requirements for electronic auction participants A participant can take part in an electronic auction if he meets the requirements specified in Art. 31 44-FZ. An individual can act as a participant.

Article 68. Procedure for conducting an electronic auction

ConsultantPlus: note. From July 1, 2018 Federal law dated December 31, 2017 N 504-FZ, part 6 of article 68 is set out in new edition. See the text in a future 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 five percent of the initial (maximum) contract price. 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.

Deadlines for the auction under 44-FZ

Federal Law Within 2 days from the date of receipt of the participant’s request Making a decision to amend the auction documentation (Customer) clause 6 of Art. 65 No. 44-FZ No later than 2 days before the deadline for filing applications Publication of changes made to the auction documentation (Customer) clause 6 of Art. 65 No. 44-FZ Within 1 day from the date of the decision When the Customer makes changes to the auction documentation, the deadline for submitting applications for participation in the electronic auction must be extended so that the period from the date of posting the changes to the deadline for filing applications is at least 7 days (< 15 млн). Подача заявки на участие (Участник) Не позднее даты и времени, установленных auction documentation Consideration of the first parts of applications (Customer) p.

2 tbsp. 67 No. 44-FZ No more than 7 days from the date of the deadline for submitting applications Conducting an electronic auction (Customer/Participant) clause 3 of Art.

Deadlines for the electronic auction under Federal Law 44

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 deadline for submitting proposals for the contract price in accordance with Part 11 must be indicated. 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.

Any participant in an electronic auction after placement on the electronic platform and in a single information system specified in part 18 of this article of the protocol 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.

In this section we will try to show in detail and reveal all the issues that may arise when participating in tenders. This article will be of interest primarily to those who are just starting to think about participation in tenders. We will try to figure out together what steps need to be taken at the very beginning. And is it worth trying to participate in tenders at all?

+3

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