Conducting electronic trading. Auction in electronic form: procedure, rules of participation, features Timing of electronic auctions Federal Law 44 table

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. 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 purchase 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 conducted electronically on electronic platforms, the winner of which is the person who offers the most low price 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 — This is an Internet site where electronic trading is conducted.

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 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, terms of reference, 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 #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, in fact, 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 - Depositing funds into a special bank account

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

Note:

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

Stage #6 - Preparing and sending an application

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

Stage No. 7 - Direct participation in the electronic auction

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

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

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

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

6. Timing of the electronic auction under 44-FZ

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

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

11. Requirements for participants in an electronic auction

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

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

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

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

12. Application for participation in the electronic auction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4) a decision on approval or execution of a major transaction or a copy of 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 (SONCO) 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 an identification number to it 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 paragraphs 1-5 of Part 11 of 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 notice to the operator of the electronic site.

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

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

14. How long does the electronic auction last?

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

The minimum period for conducting an EA is 10 minutes. This is the case when the participants did not submit any price offer.

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. Are there legal ways to find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow us to predict which suppliers will take part in a particular auction. I wrote a separate detailed article on this topic, which you can read.

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

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

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

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

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

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

Within 5 days from the date the Customer places the draft contract in the Unified Information System, the winner places in the Unified Information System 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.

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 supplies, including specialized emergency medical care provided in an emergency or emergency form, 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!

Before holding an open auction in electronic form, the customer places a notice of the upcoming auction on the official website at least 20 days before the deadline for submitting applications. Moreover, if the price of the lot does not exceed 3 million rubles, the customer has the right to place such a notice at least 7 days before the closing date for accepting applications.

In the notice of electronic trading are indicated:

• address of the electronic trading platform on which the auction will take place; name and contact details 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 platform selected by the Customer. trading platform. 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 before if the contract price is no more than 3 million.

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

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

If the application is 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 the best price, with an auction increment of 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 currently 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 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 the notice to the conclusion of the 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.

Due to its simplicity, low cost and high level of automation, an electronic auction is a favorite way to determine 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 (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal 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 within 10 minutes there has not been a single new offer, 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.

Pay attention! 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.

• Regulated by the provisions of Article 68 of Law No. 44-FZ.

Conducting an open auction in electronic form.

Determining the date of the auction.

• The day of the auction is the day following the expiration of 2 days from the expiration date of the period for consideration of 1 part of applications for participation in this auction.

• Start time of the electronic auction: set by the ETP operator, taking into account the time zone in which the Customer is located.

Reducing the price of an electronic auction.