Part 3 of article 66 of the law. How to find out the reason for the rejection of an application for participation in an electronic auction

05.12.2019

We will tell you how to put into practice Article 66 of Law 44-FZ on contract system.

To begin with, let us recall the rules for applying for participation in electronic auction are described in Article 66 of the Contract System Law. Such an application includes two parts: in the first part, the participant gives information about the subject of procurement, in the second, he talks about himself, attaches Required documents. The customer sees the first part on the day of consideration of applications, then he will be able to familiarize himself with the documents from the second part of applications. Such a mechanism prevents the possibility of collusion or agreements between the supplier and the customer and makes the procurement procedure as unbiased as possible.

The first part of the application: information about the product is required, sketch, photo - optional

In the first part of the application, if we are talking about an auction for the supply of goods, it is necessary to prescribe a number of points (part 3 of article 66 of law No. 44-FZ).

Firstly, the participant needs to give his consent to fulfill the terms of the contract - to supply the goods, the description of which is given in the procurement documentation (trademark, patents, country of origin, model, etc.) or goods similar in characteristics.

Secondly, it is necessary to indicate all the characteristics of the proposed product that meet the requirements of the customer (trademark and service mark, name, patents, models, samples, if any). Another important information is the country of origin of the goods, which is confirmed by a declaration or certificate of origin. All these indicators are registered in the so-called Form 2.

If the subject of the procurement is the performance of work or the provision of services for which a certain product is required, then in the first part of the application, the auction participant must also give his consent to the performance of work or the provision of a service, as well as consent to the use of this specific product and on the conditions that require customer. And here it is also necessary to register the features of the product (name, trademark, etc.). If the procurement participant proposes to use a similar product for work, all its characteristics must be indicated.

In the first part of the application for participation in the auction in electronic form the supplier can add a drawing, sketch, photograph, drawing or any other image of the product.

We emphasize that the first part of the application is submitted anonymously. In no case should you indicate information about the supplier company itself.

The second part of the application: tells everything about the potential supplier

The practice of applying article 66 of federal law 44-FZ

Despite the rather detailed presentation, the application of Art. 66 44-FZ in practice raises many questions. Moreover, both when filling out the first part of the application, and the second

An incorrectly completed first part of the application often becomes the reason for its rejection. Often inaccuracies are associated with an incomplete or incorrect description of the characteristics of the goods that are offered for delivery. In order to avoid difficulties, it is important when drawing up the first part of the application to focus not only on the provisions of the federal law, but also on the conditions of the auction itself. Before filling out the application and submitting it, it is recommended to carefully study the procurement documentation and terms of reference.

Example

Sometimes in the documentation there are requirements that are incomprehensible to the customer. An example that has become a textbook - the law requires the name of the country of origin of the goods to be written in the first part of the application. However, the very concept of "country of origin of goods" is not interpreted. To avoid ambiguity, the Ministry of Economic Development, in its letter No. D28I-1889 dated April 30, 2014, has already recommended using the definition this concept from the Customs Code of the Russian Federation - the country of origin of the goods is the state or several states on the territory of which (which) the goods were produced entirely or finally processed.

For some of these requirements, as in this example, there are already recommendations from the Ministry of Economic Development or FAS decisions that will help to avoid mistakes.

Reasons for rejection of the first parts of applications

There are only two reasons why the customer can reject the first parts of applications, and they are spelled out in Part 4 of Article 67 of Federal Law No. 44-FZ:

the participant of the electronic auction did not provide information, which is provided for by Part 3 of Art. 66, or provide false information;
the procurement participant provided data that does not meet the requirements of the documentation.

Denial of admission to participation in the electronic auction for any other reason is not allowed. For example: the customer can reject the application if the clause of its first part does not contain a participant’s agreement for the supply of goods (performance of work, provision of services) in accordance with the requirements prescribed by the customer, which is required exactly by part 3 No. 66 of Law No. 44-FZ.

Another possible reason for the rejection of the first part of the application is if the specific characteristics of the goods do not match those specified in the tender documentation. That is, when a participant made mistakes when filling out Form 2. The reason for this is often banal inattention.

Example

So, when making the first parts in accordance with Article 66 (Part 3) of applications, it is necessary to specifically prescribe all the characteristics of the goods. So, if the customer prescribes a requirement for a product with a value of “at least” (for example, doors with a thickness of at least 10 millimeters), the procurement participant must indicate the exact value in his application (doors with a thickness of 7.3 millimeters).

If the customer indicated in the requirements “country of origin - Russia”, and the participant offered goods made in China for delivery, such an application will also be rejected.

Reasons for rejection of the second parts of applications

To begin with, let's designate a situation where the customer does not know how to reject the second part of the application: if the participant did not provide documents (even if the customer required them), not provided for by law. In part 5 of Art. 66 of Law No. 44-FZ contains the entire list of documents from the participant, and the customer does not have the right to demand any papers in excess of it.

On the other hand, the customer may reject the second part of the application if the procurement participant has not provided any of the documents required by law or if the data indicated by the participant are unreliable. Another possible reason is the non-compliance of the bidder with the requirements of federal legislation in the field of public procurement.

How to find out the reason for the rejection of an application for participation in an electronic auction

According to federal law, at the end of the period for consideration of the first parts of applications, the customer must publish the relevant protocol, where he is obliged to prescribe: which applications are allowed to participate in the auction, and which are rejected. On the basis of this document, a participant in an electronic auction may appeal against the actions of the customer to the Federal Antimonopoly Service (FAS).

In addition, according to paragraph 3 of part 6 of Art. 67 of the federal law, in case of rejection of the first part of the application, the customer is obliged to justify this decision, including indicating the provisions of the documentation that the application does not comply with and the points of the application that do not meet the requirements prescribed in the documentation.

Experts advise: before you start filling out an application for participation in an electronic auction, prescribing product characteristics and other information, you need to carefully read the auction documentation and customer requirements. In case of non-compliance with some criteria, the customer has every reason to reject it. But it is one thing when the product does not meet the requirements of the customer, and quite another when the product is reasonably suitable, but the application is rejected due to incorrect filling of the application in accordance with the requirements of Article 66 of the Federal Law on Procurement.

If a participant in an electronic auction has any questions, he can always place a request for clarification of the documentation (part 3 of article 65 of Law No. 44-FZ). But you need to be prepared for the fact that the customer is not always ready to “chew” all the incomprehensible moments. In response to the clarification, the procurement participant may also receive a reply.

Appealing the results of consideration of applications and liability

If you consider the rejection of your application to be unreasonable (and it does not matter which part of it is involved), you can draw up and file a complaint with the FAS against the actions of the customer. Employees of the antimonopoly service will consider the situation and assess the legitimacy of the customer's actions.

However, the customer bears administrative responsibility not only for the unreasonable rejection of the application, but also for the admission of an unsuitable application to participate in the auction according to Federal Law 44.

It should be taken into account that not only unreasonable refusal of admission to participate in the auction entails the imposition of administrative liability in accordance with articles Administrative Code. So, according to paragraph 2 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, unreasonable admission of an application, if it must be rejected, threatens with a fine of 1% of the initial (maximum) contract price, but not less than 5 thousand rubles. and no more than 30 thousand rubles.

The latest news and explanations from experts on hot topics in the field of public procurement in the journal "Goszakupki.ru"

Attached files

Second parts of applications.docx

To participate in an electronic auction, a corresponding application is made to the customer. Article 66 describes the procedure for making such appeals. What this article regulates and what changes this article has affected will tell.

Article 66 describes the requirements and conditions for the content and procedure for filing an application required to participate in an electronic auction. The document is required to post your final offer on the ETP and conclude transactions with customers. The article consists of 16 parts that should be analyzed:

AT part 1 of article 66 stipulates that an application for an electronic auction is submitted by persons who have received accreditation on an electronic platform.

A well-written application to participate in an electronic auction consists of 2 parts described in h.2 article 66.

AT part 3 of article 66 already described in detail what should be described in these two parts. The 1st part of the application for participation in the electronic auction contains the following data:

consent to the supply of products, or the performance of work, or the provision of services;
if we are talking about the supply of goods, then specific indicators are required, trademark, service mark, brand name, patents, utility models, industrial designs and indicate the country of manufacture of the goods. All this information is indicated if it is available.

Art.66 part 4 allows content in the first part of the product image. It can be, for example, a drawing, a photo, etc.

The information that must be present in the second part is described in part 5 of article 66. Application for an electronic auction must contain the following information in the second part:

about the bidders. For individuals - full name, passport details, place of residence, etc. For legal entities - company name, postal address, location, etc. Also contact number, TIN, including for foreign citizens;
documentary evidence (original or copies) and a declaration that the participant meets the requirements (if any) prescribed in Article 31 of the Federal Law-44;
copies of papers on the conformity of the product / service / work with the requirements of the standard. It is forbidden to demand the specified documentation if it was transferred along with the goods;
a decision to approve or conclude a major transaction;
an indication of the documents in the original or a copy of these papers, which confirms the right to receive benefits to participate in the electronic auction sale, in accordance with Art. 28-29 FZ-44;
copies or originals of documents on the compliance of the goods / services / works provided with the prohibitions and restrictions under Article 14 of the Federal Law-44;
a declaration of the participant's belonging to a small business / non-profit organization, if the customer has established a restriction under part 3 of article 30 of FZ-44.

AT part 6 article 66 it is stipulated that it is forbidden to require other documents from the participant of the electronic auction, except for those specified in parts 3 and 5 of article 66.

If the commission finds that the information in the documents is unreliable, then the participant's application is withdrawn from the electronic auction, regardless of the stage of part 6.1 of article 66.

According to part 7 of article 66 , the participant of the electronic auction has the opportunity to submit an application at any time, after the announcement of its start - before the deadline for submission.

By part 8 of article 66 an application consisting of 2 parts is submitted by an electronic auction participant to the ETP operator.

The operator assigns a serial number to the application for participation in the electronic auction within 1 hour and notifies the participant of this procedure, according to part 9 of article 66 .

Participant by part 10 article 66 can only submit 1 application.

AT part 11 article 66 situations are described in which the document is returned back to the participant. Within 1 hour, the operator can return the application to the participant of the electronic auction if:

the appeal was filed in violation of the requirements of part 2 of article 60;
more than 1 appeal was submitted;
the deadline for accepting applications has expired;
part 14 of article 61 was violated;
lack of money in the account to pay for the collateral.

According to part 12 article 66 , apply other grounds for the return of the application is not allowed. The operator notifies the participant of the electronic auction about the return and indicates the reason.

The first part of the appeal is sent by the operator to the customer no later than the deadline for filing applications, according to part 13 article 66 .

wishing, by part 14 article 66 , may withdraw an application for participation in an electronic auction while the deadline for submission is valid. The operator must be notified.

When submitting an application for participation in an electronic auction, the operator maintains the secrecy of the document data and information about the participants until the protocol is posted ( part 15 article 66 ).

According to part 16 article 66 If only one application was submitted or none at all for participation, then such an auction is recognized as failed.

Recent amendments to Art. 66

Art. 66 of the current 44-FZ underwent the last changes at the beginning of July 2015. The changes affected only the clause on the content of the 2nd part of the application for participation in an electronic auction - part 5, clause 2 of Article 66.

It refers to the requirements applicable to the participants, in accordance with the provisions of Article 31 of the Federal Law-44 - clause 1, part 1 and part 2 and 2.1. In the previous version, part 2.1 of Article 31 was missing. Briefly, it refers to the application to participants in the competition / auctions. The introduction of additional conditions is carried out for participants engaged in audit or consulting services.

Download

The organization of filing an application for participation in an electronic auction has an important role for participation in procurement. Errors are a common ground for rejecting a case.

FZ-44 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", containing information from Article 66, can be downloaded.

The application was rejected in the electronic auction on the following grounds: clause 1, part 4, art. 67 - failure to provide information under Part 3 of Art. 66 44-FZ, or the provision / establishment of false information provided for in Part 3 of Art. 66 44-FZ.

It makes sense to file a complaint with the FAS.

Lawyers Answers (2)

Maxim Sergeevich, greetings!

The possibility of filing a complaint is connected with the presence of any grounds for the application of Part 3 of Art. 66 of the law 44-FZ. In itself, the basis is correct: clause 1, part 4, art. 67 of the law 44-FZ.

The application review protocol should specifically state what is wrong. If it is not specified, or if it is specified, but you do not agree with it - yes, you can file a complaint with the OFAS.

Clarification of the client

Based on h.h. 7, 9, article 67, part 13, article 68 of 44-FZ, the protocol for considering applications is not available on the electronic platform until the results of the auction are summed up

Apparently you are not looking at the protocol there. The customer is obliged to attach the protocol and this protocol is open and publicly available. Yes, it does not contain information about the participants, but only their anonymous serial numbers, but other information, namely

1) on the serial numbers of applications for participation in such an auction;
2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial number, to participate in such an auction and the recognition of this procurement participant as a participant in such an auction or on refusal to admit to participation in such an auction with the rationale for this decision, in including an indication of the provisions of the documentation for such an auction that the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation for it;

This protocol must contain If there is no specifics, file a complaint with the FAS.

Looking for an answer?
It's easier to ask a lawyer!

Which subparagraph of clause 3, part 3 of article 66 44-FZ should be used for the 1st part of the application?

I am preparing documentation for the auction (44-fz) for the implementation current repair rooms inside the building using materials. I can’t figure it out on my own, which subparagraph of clause 3 of part 3 of article 66 should be used for the 1st part of the application - a or b?

good afternoon! it all depends on whether there are trademarks in the description of the materials and whether there are any materials in the terms of reference or not. I can check the documentation and tell you exactly what needs to be written and whether everything is compiled correctly.

Vadim, thank you for your reply!

As it turned out, this is another collision of 44-fz. In my case, both items are indicated, because there are both quantitative indicators and indications of brand names (and the like). and I want to provide the equivalent of materials for the work.

PS: As far as I understand, checking auk.docs requires a reward. sum?

Good day!

In accordance with paragraph 1 of part 1 of article 33 of the Law on the contract system, the description of the object of procurement should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, as well as requirements for goods, information, works, services, provided that such requirements entail a restriction on the number of participants in the procurement, unless there is no other way that provides a more accurate and clear description of the characteristics of the procurement object. The procurement documentation may contain an indication of trademarks if, in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not the subject of the contract. At the same time, a prerequisite is the inclusion of the words “or equivalent” in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and Supplies to cars.

Sincerely, M.V. Bastov

Ask our lawyers a question - it's much faster than looking for a solution.

What documents are provided in accordance with clause 3, part 5, article 66 of FZ-44?

Be so kind as to tell me, for the first time I encountered the ETP MICEX platform. Everything is distributed there for filing an application for participation under Article 44 of the Federal Law.

The second day I read and I can’t understand: ETP MICEX

Copies of documents confirming the compliance of the goods, work or service with the requirements in accordance with paragraph 3 of part 5 of article 66 federal law№44-FZ

I'm talking about school renovations. I can't figure out what it's about and I can't find it online.

there are all declarations that we are not being liquidated, about what corresponds, there is a mat. and fin. resources, and so on, an extract from the Unified State Register of Legal Entities, constituent docks, I still always apply the SRO and the Ministry of Emergencies. only at Rosseltorg everything is easier and at Sberbank too. and here this point is straight to a standstill. maybe put the license in there?

Answer please. I have delivery until 09:00 am.

good night. write the number of the notice, I will tell you what needs to be submitted

Have a question for a lawyer?

if we are talking about repairs, then it is not clear why these documents are required of you. if you apply urgently, then these are documents that are required from you in accordance with paragraph 2 of part 5 of Article 66. The requirements that are indicated in the article you noted relate, as you understand, directly to the product, work, service. This is, for example, a certificate of state registration to medicine, a copy of the certificate of conformity of goods, etc.

Good afternoon! I understand that this particular issue is no longer relevant, but an explanation for the future: this section on the MICEX is part of the interface of the site, this does not mean that these documents are required for this auction, this section for attaching documents when submitting an application is constantly available, for filing application, it is enough to fill in the mandatory sections, which are marked with a red “*”, the situation is approximately the same with the order of the Russian Federation site, even if the auction, for example, for the supply of food, there is a section for attaching documents confirming the input of the object capital construction into operation.

Article 66 44 of the Federal Law "Procedure for filing applications for participation in an electronic auction"

in paragraph 3 of Article 66 of the Federal Law 44, changes were made:

instead - the name of the place of origin of the goods or the name of the manufacturer of the goods

now - the name of the country of origin of the goods,

which gave grounds to the OFAS for VAT to oblige the customer to accept the application without indicating any data that would allow to establish the identity of the goods (i.e. to understand what it is: where, by whom it was produced) (Specifically, the application indicated: Washing powder, Russia)

Question: how competent are these actions of the OFAS within the framework of Federal Law 44?

If so, how does this fit in with the requirement to have hygiene certificates for products (not one certification body will issue a certificate with such data, as far as I know - if I'm wrong, explain the logic of the legislation)

If not, then how, where and on whose behalf it is right to influence to eliminate this violation (at least not to repeat it in the future) (or who to contact for advice or legal support to resolve such issues)

Thanks in advance for your reply

Lawyers Answers (1)

the logic is easy to understand. earlier, the antimonopoly authority sometimes recognized the actions of customers as illegal, due to the admission of a procurement participant to the auction and recognition as a participant in the auction, the procurement participant who offered the application, in which instead of the name of the country of origin of the goods (in the context of the wording given in Article 1516 of the Civil Code of the Russian Federation) was indicated simply Russian Federation. at present, this inaccuracy has been eliminated and it is enough to simply write the country of origin of the goods. Moreover, this wording is fully consistent with Art. 14 44-FZ national treatment where there is also a link to the country of origin of the goods. article 66 of 44-FZ provides that the first part of the application must contain (delivery of goods): b) specific indicators corresponding to the values established by the documentation for such an auction, and an indication of the trademark (its verbal designation) (if any), service mark ( if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods;

4. A participant in an electronic auction is not allowed to participate in it if:
1) failure to provide the information provided for by Part 3 of Article 66 of this Federal Law, or the provision of false information;

2) non-compliance of the information provided for by Part 3 of Article 66 of this Federal Law with the requirements of the documentation for such an auction.

thus, it is clear that if the washing powder has a trademark, then the participant is obliged to indicate it, since its failure to indicate is the basis for rejecting the application due to the failure to provide information. however, when rejecting, the customer must remember that he must have ironclad evidence that the powder does have a trademark, patent, etc. in general, everything that is written in 66. the actions of the FAS are lawful.

when describing the procurement object in accordance with Article 33, you independently determine the indicators that allow you to determine the compliance of the purchased goods, work, services with the requirements established by the customer. At the same time, the maximum and (or) minimum values of such indicators are indicated, as well as the values of indicators that cannot be changed.

E-auction rejected in 2 parts

Good afternoon, tell me please! The electronic auction was rejected in 2 parts:

“Failure to submit documents and information that are provided for in clauses 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of Federal Law No. 44-FZ

Is the deviation legal and what documents are required?

Auction in electronic form No. 0816300014517000055

Lawyers Answers (3)

Your application has been rejected for the following reasons

Minutes of consideration of a single application for participation in
electronic auction No. 0816300014517000055
Place of publication: Russian Federation, 678900, Sakha/Yakutia/Resp,
Aldan city, STREET LENINA, 19

Failure to provide documents and information that
are provided for by paragraphs 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of Federal Law No. 44-FZ, non-compliance of the specified documents and information with the requirements established by the auction documentation, the presence in the specified documents of unreliable information about the auction participant as of the date and time of the deadline
submitting applications for participation in the auction(Rejected under clause 1, part 6, article 69 of 44-FZ)
The submitted declaration does not comply with the requirements of the law and documentation in terms of clause 7, part 1, article 31
Federal Law No. 44-FZ dated April 5, 2013
(as amended on February 22, 2017)
"On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

Article 62
1. Operator electronic platform maintains a register of electronic auction participants who have received accreditation on the electronic site.

2. The register of participants in an electronic auction accredited on an electronic site, in respect of each participant in such an auction, must contain the following documents and information:

1) the name of the participant in such an auction (for legal entity), last name, first name, patronymic (if any) of the participant of such an auction (for individual);
2) the date of sending to the participant of such an auction a notice of the decision on its accreditation;

3) the taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person);

4) a copy of an extract from a single state register legal entities (for a legal entity), a copy of an extract from the unified state register of individual entrepreneurs (for individual entrepreneur) received no earlier than six months before the date of the participant of such an auction with an application for accreditation, copies of documents proving the identity of the participant of such an auction (for another individual), a duly certified translation into Russian of documents on state registration a legal entity or an individual as an individual entrepreneur in accordance with the legislation of the relevant foreign state (for a foreign person);
5) copies of the constituent documents of a participant in such an auction (for a legal entity), copies of documents proving the identity of a participant in such an auction (for an individual);

6) copies of documents confirming the authority of a person to obtain accreditation on an electronic site on behalf of a participant in such an auction - a legal entity in accordance with paragraph 4 of part 2 of Article 61 of this Federal Law;

7) copies of documents confirming the authority of a person to carry out actions on behalf of a participant in such an auction - a legal entity, to participate in such auctions (including registration at such auctions) in accordance with clause 5 of part 2 of Article 61 of this Federal Law;
8) a decision to approve or conclude transactions based on the results of such auctions on behalf of a participant in such an auction - a legal entity, indicating information on the maximum amount of one transaction in accordance with clause 8 of part 2 of Article 61 of this Federal Law;

9) the date of termination of the accreditation of a participant in such an auction on an electronic site.

3. An operator of an electronic site enters into the register of participants in an electronic auction accredited on an electronic site the documents and information provided in accordance with Part 2 of this Article on the day a decision is made to accredit a participant in such an auction on an electronic site.

4. In case of receipt in accordance with Part 10 of Article 61 of this Federal Law from a participant in an electronic auction of documents and information, including a notice of termination of validity of documents, enhanced electronic signature, the operator of the electronic site, within one hour from the moment of receipt of the specified documents and information, places them in the register of participants in such an auction who have received accreditation on the electronic site, indicating the date and time of receipt of the specified documents and information.

5. The register of participants in an electronic auction accredited on an electronic site is posted on the electronic site by its operator, with the exception of the documents provided for in clauses 4-7 of part 2 of this article.

6. The operator of the electronic site removes the participant of the electronic auction from the register of participants in the electronic auction accredited on the electronic site within one working day from the date of expiration of the accreditation of this participant or the decision to exclude this participant from this register. The operator of the electronic site is obliged to send a notice to this participant about his exclusion from this register.

Article 66. Procedure for filing applications for participation in an electronic auction

3. The first part of the application for participation in an electronic auction must contain the information specified in one of the following subparagraphs:

1) when concluding a contract for the supply of goods:

a) the consent of a participant in such an auction to supply goods if this participant offers goods for delivery, in respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation) (if any), a service mark (if any), brand name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods, and (or) such participant offers for delivery a product that is equivalent to the product specified in this documentation, specific indicators of the goods corresponding to the equivalence values established by this documentation;

b) specific indicators corresponding to the values established by the documentation of such an auction, and an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

2) the consent of a participant in such an auction to perform work or provide a service on the terms provided for by the documentation of such an auction, when such an auction is held for the performance of work or the provision of a service;

3) when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the goods are used:

a) the consent provided for in paragraph 2 of this part, including consent to the use of goods in respect of which the documentation of such an auction contains an indication of the trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), the name of the country of origin of the goods, or the consent provided for in paragraph 2 of this part, an indication of the trademark (its verbal designation) (if available), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods and, if the participant of such an auction offers for use product that is equivalent to the product specified in this documentation, specific indicators of the product corresponding to the equivalence values established by this oh documentation, provided it contains an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial samples (if any), the name of the country of origin of the goods, as well as the requirement to indicate in the application for participation in such an auction for the trademark (its verbal designation) (if any), service mark (if any), company name (if any) , patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

b) the consent provided for in clause 2 of this part, as well as specific indicators of the goods used, corresponding to the values established by the documentation for such an auction, and an indication of the trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods.

4. The first part of the application for participation in an electronic auction, provided for by paragraph 3 of this article, may contain a sketch, drawing, drawing, photograph, other image of the goods for the supply of which the contract is concluded.

5. The second part of the application for participation in an electronic auction must contain the following documents and information:

1) name, company name (if any), location, postal address (for a legal entity), last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number, taxpayer identification number a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), a taxpayer identification number (if any) of the founders, members of the collegial executive body, a person acting as the sole executive body of a participant in such an auction;

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of Part 1, Parts 2 and 2.1 of Article 31 (if such requirements exist) of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established by paragraphs 3 - 9 of Part 1 of Article 31 of this Federal Law;

3) copies of documents confirming the conformity of the product, work or service with the requirements established in accordance with the law Russian Federation, in the event that, in accordance with the legislation of the Russian Federation, requirements for a product, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction. At the same time, it is not allowed to demand the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;

4) a decision to approve or conclude a major transaction, or a copy this decision in the event that the requirement for the need to have this solution to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such an auction, a contract to be concluded or the provision of security for an application for participation in such an auction, security for the performance of a contract is big deal;

5) documents confirming the right of a participant in such an auction to receive an advantage in accordance with Articles 28 and 29 of this Federal Law, or copies of these documents;

6) documents confirming the compliance of the participant of such an auction and (or) the goods, works or services offered by him with the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents;

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes the restriction provided for by Part 3 of Article 30 of this Federal Law.

Article 31. Requirements for procurement participants

1. When making a purchase, the customer establishes the following unified requirements for the participants in the purchase:

7) the procurement participant - an individual or the head, members of the collegial executive body, the person performing the functions of the sole executive body, or the chief accountant of the legal entity - procurement participant has no convictions for crimes in the field of economics and (or) crimes provided for in Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons whose convictions have been canceled or expunged), as well as the non-application of punishment in respect of these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities which are related to the supply of goods, performance of work, provision of services that are the object of the ongoing procurement, and administrative punishment in the form of disqualification;

Apparently, the information about the procurement participant on the electronic platform and in the application differ, and there is also a criminal record or restriction of activities in relation to the procurement participant.

Moreover, the grounds for legal entities are not applicable to the procurement participant, since he is an individual entrepreneur.

1) the consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms provided for by the documentation on the electronic auction and not subject to change based on the results of the electronic auction (such consent is given using the software and hardware of the electronic site);

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

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

B) specific indicators of the goods corresponding to the values set in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph 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 the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

5. The second part of the application for participation in an electronic auction must contain the following documents and information:

1) name, company name (if any), location (for a legal entity), postal address of a participant in such an auction, last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number, taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, a person performing the functions of the sole executive body of a participant in such auction;

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction. At the same time, it is not allowed to demand the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;

4) a decision to approve or conclude a major transaction or a copy of this decision, if the requirement that this decision is necessary for the conclusion of a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such auction, the contract to be concluded or the provision of security for an application for participation in such an auction, security for the performance of a contract is a major transaction;

5) documents confirming the right of an electronic auction participant to receive benefits in accordance with this Federal Law (in the event that an electronic auction participant has declared that he has received these benefits), or copies of such documents;

6) documents provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law in the case of the procurement of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an electronic auction does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic platform).

6. It is not allowed to demand from the participant of the electronic auction the provision of other documents and information, except for the documents and information provided for in parts 3 and this article.

6.1. In the event that the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3 and this article is found to be unreliable, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct.

7. A participant in an electronic auction has the right to submit an application for participation in such an auction at any time from the moment a notice of its holding is posted until the date and time specified in the documentation for such an auction, the deadline for submitting applications for participation in such an auction.

8. An application for participation in an electronic auction shall be sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing the parts of the application provided for by parts 3 and this article. These electronic documents are submitted simultaneously.

9. Within one hour from the receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign an identification number to it and confirm it in the form electronic document sent to the participant of such an auction who submitted the said application, its receipt with indication of the identification number assigned to it.

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction.

11. Within one hour from the receipt of an application for participation in an electronic auction, an operator of an electronic site shall return this application to the participant of such an auction who submitted it in the following cases:

1) filing this application in violation of the requirements provided for by Part 6 of Article 24.1 of this Federal Law;

2) one participant in such an auction submits two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant;

3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 9 of Article 24.2 of this Federal Law;

5) the presence in the register of unscrupulous suppliers (contractors, executors) provided for by this Federal Law 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, subject to the establishment by the customer of the requirement provided for by Part 1.1 of Article 31 of this Federal Law.

12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 20 of Article 44 of this Federal Law, Part 11 of this Article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction that submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

13. Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends to the customer the first part of the application for participation in such an auction as provided for by Part 3 of this Article.

14. A participant in an electronic auction that has submitted an application for participation in such an auction has the right to withdraw this application no later than the deadline for submitting applications for participation in such an auction by sending a notification to the operator of the electronic site.

15. The operator of the electronic site is obliged to ensure the confidentiality of information about the participants in the electronic auction who submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3 - of this article, until the protocol of such an auction is posted on the electronic site. . For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

16. If at the end of the deadline for filing applications for participation in an electronic auction, only one application has been submitted or no application has been submitted, such an auction shall be recognized as failed.

Judicial practice under article 66 of the Federal Law of 04/05/2013 No. 44-FZ

Ruling dated April 24, 2019 in case No. А33-13976/2018

The stated requirements, the courts, having examined and evaluated, in accordance with the requirements of Chapter 7 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case file, guided by the provisions of Articles 66, 67 of the Federal Law of 04/05/2013 No. works, services to meet state and municipal needs” (hereinafter referred to as the Law on...

Ruling dated March 25, 2019 in case No. А64-3968/2018

Supreme Court of the Russian Federation

Illegal, the Company applied to the arbitration court with this application. Having examined and assessed the evidence presented in accordance with the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, guided by Articles 46, 61, 62, 66, 68, 69 of Law No. 44-FZ, the courts refused to satisfy the requirements. The courts established that the documents sent to the operator of the electronic site contained protocol No. 1 of the extraordinary general meeting ...

Decision dated December 8, 2018 in case No. А56-93823/2018

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

Including justification of the initial (maximum) price of the contract; - requirements for the content, composition of the application for participation in such an auction in accordance with parts 3 - 6 of Article 66 of this Federal Law and instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in such an auction or restricting access to participation ...

Decision dated November 23, 2018 in case No. А82-14293/2018

Arbitration Court of the Yaroslavl Region (AC of the Yaroslavl Region)

The notice of holding such an auction must contain requirements for the content, composition of the application for participation in such an auction in accordance with parts 3-6 of Article 66 of the Federal Law of 05.04.2013. No. 44-FZ and instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in such an auction ...

Article 66. Procedure for filing applications for participation in an electronic auction

1. Submission of applications for participation in an electronic auction is carried out only by persons registered in a unified information system and accredited on the electronic platform.

2. An application for participation in an electronic auction consists of two parts.

3. The first part of the application for participation in an electronic auction must contain:

2) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:
a) the name of the country of origin of the goods (if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation of an electronic auction, in accordance with Article 14 of this Federal Law);
b) specific indicators of the goods corresponding to the values set in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph 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 the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

5. The second part of the application for participation in an electronic auction must contain the following documents and information:

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic platform).

6. It is not allowed to demand from the participant of the electronic auction to provide other documents and information, except for the documents and information provided for in parts 3 and 5 of this article.

6.1. In the event that the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3 and 5 of this article is found to be unreliable, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct.

8. An application for participation in an electronic auction shall be sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing the parts of the application provided for by parts 3 and 5 of this article. These electronic documents are submitted simultaneously.

9. Within one hour from the moment of receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the participant of such an auction who submitted the specified application, its receipt, indicating the identification number assigned to it.

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction.

1) filing this application in violation of the requirements provided for in paragraph 6 of Article 24.1

3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 9 of Article 24.2 of this Federal Law;

15. The operator of an electronic site is obliged to ensure the confidentiality of information about the participants in an electronic auction that submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3-5 of this article, until the protocol of such an auction is posted on the electronic site. auction. For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

Part 3 of article 66 of the law. How to find out the reason for the rejection of an application for participation in an electronic auction

The first part of the application: information about the product is required, sketch, photo - optional

The second part of the application: tells everything about the potential supplier

The practice of applying article 66 of federal law 44-FZ

Reasons for rejection of the first parts of applications

Reasons for rejection of the second parts of applications

How to find out the reason for the rejection of an application for participation in an electronic auction

Appealing the results of consideration of applications and liability

Attached files

Recent amendments to Art. 66

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Which subparagraph of clause 3, part 3 of article 66 44-FZ should be used for the 1st part of the application?

What documents are provided in accordance with clause 3, part 5, article 66 of FZ-44?

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Article 66 44 of the Federal Law "Procedure for filing applications for participation in an electronic auction"

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E-auction rejected in 2 parts

Lawyers Answers (3)

Judicial practice under article 66 of the Federal Law of 04/05/2013 No. 44-FZ

Ruling dated April 24, 2019 in case No. А33-13976/2018

Ruling dated March 25, 2019 in case No. А64-3968/2018

Decision dated December 8, 2018 in case No. А56-93823/2018

Decision dated November 23, 2018 in case No. А82-14293/2018

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