Conducting electronic trading on 44 fz. Cases of recognition of the winner of an electronic auction as having evaded the conclusion of a contract

05.12.2019

- this is an auction where the organizer of the procedure, through a notice posted in the EIS, invites you to take part in bidding on specialized sites (electronic platforms). Information about the purchase is not limited in access. The participant who offers the lowest price becomes the winner.

44-FZ details this procurement procedure in Art. 59 - 71.

Electronic platforms for auctions in electronic form

An electronic platform is a special site in global network Internet, which serves as an intermediary and assistant between the customer (organizer) and the bidder (potential supplier) in conducting electronic trading.

Together, the FAS and the Ministry of Economic Development selected six electronic platforms, which later became the main federal ones.

Let's name the sites and their sites on the World Wide Web:

SUE "Agency for state order, investment activity and interregional relations of the Republic of Tatarstan" (OSET ZakazRF) www.zakazrf.ru
National electronic platform (formerly MICEX State Procurement) www.etp-ets.ru
CJSC Sberbank Automated system auction" (Sberbank-AST) www.sberbank-ast.ru
LLC "RTS-tender" www.rts-tender.ru
JSC "Unified electronic trading platform" (Roseltorg) www.roseltorg.ru
JSC "Russian Auction House" lot-online.ru

To participate in the auction, a potential supplier must have an EDS (electronic digital signature) and be registered at the site conducting the electronic auction.

The procedure for accreditation (registration) of participants in an electronic auction on trading floors is regulated by Art. 61 of the Law on contract system. A potential participant must send the ETP operator the documents necessary for registration. The full list is given in part 2 of the same article.

Consideration of documents and submitted information takes no more than five days. After that, the operator must register the participant or refuse him, justifying in the return notification why.

The operator may refuse a participant for failure to provide necessary documents or providing, but the information is unreliable. Refusal also awaits a company registered in an offshore zone.

The accreditation period is 3 years. Three months before the expiration of the term, the site operator is obliged to notify the participant. The participant can undergo re-accreditation (or extension of the term) no earlier than six months.

Actions of the participant in preparation for the electronic auction

Next stage- this is a search for the necessary (interesting company) auctions. To do this, in a single information system (UIS), on a specialized procurement website, the participant looks for suitable information about the upcoming auction. The search can be carried out on the ETPs themselves, as well as through various search engines both paid and free.

Participant's next steps- This is an analysis of the auction documentation. At this stage, it is necessary to carefully study technical task, pay attention to the terms for the provision of services, familiarize yourself with the information card and the draft contract. If errors or ambiguities are found in the documentation, the participant may send a request for clarification of the auction documentation. Need to do it no later than 3 days before the application deadline date.

Important

If the information card of the electronic auction has a discrepancy with the information in the general part of the auction documentation, then it is necessary to be guided by the information that is indicated in it. A sample information card for an electronic auction under 44-FZ can be downloaded from the link

After the auction documentation has been worked out and the conditions are acceptable and beneficial, the participant must respond to this order. To do this, it is necessary to prepare and send an application for participation in an electronic auction. As a rule, the customer in the documentation establishes the requirement to secure the application and fulfill the contract. Therefore, the next action of the participant will be the transfer of funds to his account of the electronic platform.

This stage can be called the main one.

The participant is allowed to submit an application at any time, from the date of publication of the notice until the deadline for submission. It is also possible to withdraw the application before this deadline.

The application consists of two parts, which are submitted simultaneously, but are considered separately.

First part is considered by the customer before the auction itself and the result of the consideration is admission or denial of admission to electronic trading. Therefore, you need to carefully attach and sign with a strengthened signature all Required documents. After sending the package of documents to the ETP operator, cash, required by the customer to secure the application, will be temporarily blocked. Recognition of the application of the participant as appropriate automatically brings to the auction.

The next step is to hold an auction in electronic form and direct participation in it.

The day of the electronic auction is necessarily a working day. The auction takes place after the expiration of two days after the consideration of the first parts of the applications and the publication of the protocol with the results.

The time of electronic trading is indicated by the operator of the electronic platform, taking into account the time zone of the customer. The auction has started. Trades are carried out by reducing the NMTsK participants.

The participant chooses the step of the auction or the percentage of reduction, but varies from 0.5 to 5% of the initial (declared by the customer) price. The time limit for submitting each proposal is 10 minutes. After 10 minutes have elapsed and a lower bid has not been submitted, the auction stops and the so-called resubmission process opens.

At this stage, auction participants can also submit their offer, but not lower than the one that was at the completion stage. Within half an hour, the site operator posts the protocol of the electronic auction, and after another hour sends it to the customer second parts of applications . After consideration of the second parts, the customer publishes the minutes of consideration and summing up the results of the auction.

The participant who offered the lowest price and whose documents meet all the requirements is recognized as the winner. A contract is concluded with him, but only after providing security for the performance of the contract. It can be a regular payment order or a bank guarantee.

There are cases when only one application is submitted, none are submitted, or all applications are rejected for non-compliance. Such an auction is recognized as inappropriate.

Why you can get into the register of unscrupulous suppliers

Let's consider cases when the auction participant (bidding winner) didn't sign the contract in due time or sent the protocol of disagreements after 13 days. Such an auction participant is recognized as having evaded fulfilling its obligations to sign the contract.

In this case, the customer has the right to apply for the entry of the dishonest participant in the register. You can also get into the register of unscrupulous suppliers if the initial price was reduced by more than 25% and the winner did not provide security for the performance of the contract increased by one and a half times. This is stated in Part 1 of Art. 37 44-FZ on anti-dumping measures.

Why are bidders rejected?

1st part of the application. Why are they rejected most of the time?

There is no information provided for in part 3 of article 66 of the Law on the contract system, or it is presented, but is unreliable. Most often, these are incorrectly indicated or not indicated at all specific indicators of the product.

This is the main reason for the rejection of the first parts of applications. The information does not match the requirements of the documentation. All forms provided by the customer must be completed..

2nd part of the application. Why are they rejected at this stage?

When considering the second parts, the rejection of applications occurs less often. If this happens, it is most often due to inattention or haste. The auction participant may not have noticed that the announced procedure is only for SMP, or they forgot to attach a license or declaration. All requirements for participants are prescribed by law in Articles 31 and 66 of 44-FZ.

failure to provide the constituent documents of the company (clauses 1, 3-5, 7 and 8, part 2, article 62, parts 3 and 5, article 66);
documents do not meet the requirements of the auction documentation. It is possible that the documents attached to the application are out of date;
bidder does not meet the requirements established by paragraph 1, part 1.1 and paragraph 2 of part 2.1 of Art. 31 44-FZ.

What to do if a member is rejected

If the application was rejected and the participant is sure that the actions of the customer are illegal, it is necessary to file a complaint with the FAS (Federal Antimonopoly Service) against the actions of the Customer, the commission for considering applications.

After competently filling out the complaint and submitting it to the territorial office of the FAS, the FAS notifies the ETP operator of the proceedings and suspension of the determination of the supplier.

What can a participant file a complaint against a customer for?

First of all, the procurement participant needs to analyze in detail the reason for the rejection of the application indicated by the customer in the protocol. If the deviation is unlawful and the participant is clearly sure of this, you can proceed to the development of a complaint to the FAS.

First of all, you need to understand on the actions (inaction) of whom there will be a complaint.

This may be a commission of the customer and its members, a contract service or a specialized organization. Next, you need to understand at what stage the participant wants to complain. The decision of the Federal Antimonopoly Service to cancel one or another stage will depend on this. The Antimonopoly Service can either suspend the determination of the supplier at the stage of consideration of the first parts, or cancel the electronic auction as a whole and force the customer to place an order again.

The most common complaint to the FAS is the refusal to participate in the electronic auction for the first part of the application. Less common - deviation in the second parts. Complaints about unregulated customer requirements for the provision of services are considered. Cases of complaints against ETP operators are not uncommon.

Is it worth it to sue the customer for wrongful rejection of the application for the auction?

No doubt worth it. Customers are people too and they often make mistakes too. If, after a thorough analysis of the non-admission of the participant’s application (justification of the customer), a decision is made about violations, then in order to restore the rights, it is necessary to contact the FAS. To confirm the correctness, the participant can use already decisions taken antimonopoly service in similar proceedings.

Conclusion of a contract if the participant became the winner of the auction

The conclusion of the contract may not be earlier than after 10 days from the date of placement by the customer of the protocol of summing up the results of the electronic auction. First, the customer sends a draft contract for signature to the participant who offered the best price.

After the EDS contract is signed by the winner, the customer signs the contract himself. In the event of disputes, communication between the customer and the contractor continues in the form of protocols of disagreement. The contract is considered concluded after the mutual signing and placement of the contract by the customer in the EIS.

Liability for failure to fulfill the terms of the contract

According to part 4 of article 34 of 44-FZ, the contract between the customer and the supplier must contain a mandatory condition on the responsibility of the parties. Moreover, responsibility is prescribed both for the contractor and for the customer.

What the customer must specify in the contract:

penalties in case of delay in their obligations for both parties;
fines for improper performance by the parties

Penalty amounts are indicated as a percentage and are charged for each day of delay. Penalties - in numerical form, in the form of a fixed amount.

Penalties and fines are calculated differently. Penalties - depending on the amount of the contract.

The accrual of penalties for the customer and the supplier is calculated differently.

In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get an electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

Penalties for the customer- this is the amount of one three hundredth as of the date of payment of penalties of the refinancing rate of the Central Bank of the Russian Federation from the amount of the debt.

Calculation penalties for the supplier- according to the formula, which can be found in detail in the rules for determining the amount of penalties and fines, approved by the Decree of November 25, 2013 No.

For which the customer and the contractor can terminate the contract unilaterally

In the event of disagreements between the participant and the customer, the question often arises of a unilateral refusal to fulfill obligations both on the part of the organizer of the auction and the contractor under the contract. Refusal is possible, but only if it is written in the contract. There may be several reasons.

Any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of its capital, or any individual, including individual entrepreneur(IP).

Before participating in public procurement, check whether you meet the requirements of 44-FZ, and, of course, prepare the necessary documents for bidding. What else needs to be done before starting work on 44-FZ, our lecturer Maysky Yu., host of the webinar "" will comment.

Want to know more? Take a remote online course ""

Requirements for the participant of the electronic auction

The procurement participant must comply with the requirements of the legislation on public procurement:

Compliance with the requirements established in accordance with the legislation of the Russian Federation for persons engaged in the supply of goods (performance of work, provision of services).
Non-liquidation of the procurement participant and the absence of a decision of the arbitration court on declaring the procurement participant bankrupt and on opening bankruptcy proceedings.
Non-suspension of the activities of the procurement participant in the manner prescribed by the Code of Administrative Offenses, on the date of filing an application for participation in the procurement.
The procurement participant has no arrears in taxes, dues, debts on other mandatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferral, installment plan, investment tax credit, etc.) are granted for the past calendar year, the amount of which exceeds twenty-five percent the book value of the assets of the procurement participant, according to the financial statements for the last reporting period, and if this arrears is not appealed in court and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer).
The procurement participant - an individual or the head, members of the collegial executive body or the chief accountant of the legal entity - procurement participant has no criminal record for crimes in the field of economics (with the exception of persons whose convictions have been canceled or expunged), as well as non-application in relation to these individuals persons punished in the form of deprivation of the right to hold certain positions or engage in certain activities and administrative punishment in the form of disqualification.
Possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, except for the cases of concluding contracts for the creation of works of literature or art, performance, financing of distribution or showing of a national film.
Absence of a conflict of interest between the procurement participant and the customer.
The participant must not be an offshore company.

Watch the video commentary of Roman Chibisov, tender expert, about the auction list:

Also, an electronic auction is held in relation to goods (works, services) included in the additional list, which is approved by the supreme executive body state power subject of the Russian Federation, if the purchase is carried out to meet the needs of the corresponding subject of the Russian Federation (part 2 of article 59).

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

The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the auction list, if such GWS can also be described in detail and accurately (part 3 of article 59). The criteria for determining the winner of the auction have a quantitative and monetary value.

The customer conducts an open electronic auction if it is not necessary to evaluate the proposals of participants in terms of special characteristics of goods, qualifications of participants, work experience, etc., but to purchase goods, works or services from sole supplier or by requesting quotations the law does not allow.

If the customer is obliged to use closed methods for determining the supplier, then an open electronic auction is not held (part 2 of article 84 No. 44-FZ).

Failed auction

Watch the video commentary by Yuri Maisky, the host of the webinar, about the cases in which an auction is declared invalid.

Closed ways to determine suppliers

Used only in the following cases:

purchases of GWS necessary to meet federal needs, if information about such needs is a state secret;
procurement of GWS, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;
conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation, for the provision of services for insurance, transportation, protection of museum objects and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies), having historical, artistic or other cultural significance and transferred by customers to individuals or legal entities or accepted by customers from individuals or legal entities for temporary possession and use or for temporary use, including in connection with holding exhibitions on the territory Russian Federation and (or) territories of foreign states;
procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs.

There are no other restrictions on determining a supplier through an electronic auction.

Search for "your" auction

A bidder usually wonders where to find an e-auction that is right for them to offer their company's product, job offer or service? You can search for a purchase of interest in the following ways:

independently viewing information on the official website using keywords- this option is free, but requires constant monitoring by the participant, because everything has to be done by oneself;
using information and analytical systems, for example, the Kontur.Purchases system. This option is paid, but less time-consuming for the participant.

Only after you analyze the information about ongoing and completed electronic auctions, you will be able to choose those that are right for you and prepare to participate in them.

The participant must necessarily conduct a preliminary analysis and calculation before deciding to participate in public procurement. After he has made a decision to participate in the auction under the law 44-FZ, you need to find information about those purchases that are of interest to him and prepare all necessary documentation. Then you need to carefully check whether the information contained in the prepared documentation corresponds to the customer's requests.

The participant may need legal assistance, so it is worth bringing to work your legal service, and if there is none in the participant’s company, then contact an outside lawyer to study the provisions of the customer’s draft contract and determine possible risks. The participant must also plan in advance their financial resources to secure the application, and in case of victory - to ensure the execution of the contract. And only after that you can apply. Here, in fact, is the starting point from which the long path of participation in public procurement begins.

Management of state and municipal purchases (, academic hours) - additional professional program advanced training for contract managers, specialists contract services and purchasing commissions.

Experts say that purchases for state needs are carried out most often through an electronic auction. As of August 2018, about 65% of trading takes place in this form. Determination of the winner at the electronic auction seems to be as transparent as possible, as it depends on a single criterion - the price of the offered goods.

Features of the electronic auction

Article 447 of the Civil Code of the Russian Federation states that bidding can take place in two main forms - competition and auction, and explains their differences:

the winner of the competition is the participant who proposes Better conditions(according to the commission);

at the auction the winner is the person who offered the highest price.

However, an electronic auction, which is arranged for the purchase of goods or services for the needs of the state, has its own characteristics. The contract is concluded with the participant who offered the most low price.

Information about the electronic auction is communicated to an unlimited number of persons, each of which has the right to take part in it if it meets the requirements stated by the customer. They are the same for all participants.

P. 2 Art. 59 of the Law of 04/05/2013 No. 44-FZ (as amended on 08/03/2018) determines in which cases, before concluding a contract, an electronic auction is mandatory:

If a necessary work, services or goods are named in a special federal list(Government Decree No. 471-r dated March 21, 2016);

If works, services or goods are included in the additional List established by the regional executive power.

Goods, services or works may be included in these Lists if they can be described in detail, calculated and valued in terms of money. At its discretion, with the help of an electronic auction, the customer has the right to purchase products and services that are not specified in the "mandatory" Lists.

Accreditation and application

Participation in an electronic auction is preceded by the accreditation of the participant and the submission of an application. It is accredited on an electronic platform - from one of the operators selected by the Government of the Russian Federation (Government Decree No. 1447-r of 07/12/2018). The official sites of electronic auctions are also listed on the website of the Unified Information System in the field of procurement, they can be found ]]> ]]> .

For accreditation, the participant submits to the operator an application and documents listed in Article 61 of Law No. 44-FZ. In particular, he needs to provide copies of:

extracts from registers - Unified State Register of Legal Entities (for legal entities), EGRIP (for individual entrepreneurs);

constituent documents (for legal entities), passports (for individuals);

documentation confirming the authority of managers, etc.

In addition to accreditation, which is given for three years, participation in the auction will require an electronic signature - an application for participation in an electronic auction is signed with an EDS. The application consists of two parts:

In the first part, an agreement is expressed to deliver a product (render a service) that meets the requirements of the customer, and the country of origin is reported.

In the second part, the participant submits information about himself, attaches the necessary documents.

Both parts of the application are sent simultaneously. The operator within an hour confirms its receipt and assigns a unique number to the application.

Even before an application is sent, an electronic auction requires potential bidders to deposit funds into a special bank account. Thus, an electronic auction is provided, which may vary depending on the price of the contract (clause 16 of article 44 No. 44-FZ). At the end of the deadline set for filing applications, the bank blocks the security deposit on the participant's special account after receiving information from the electronic operator. If the required amount is not on the account, the application will be returned to its sender.

Conducting an electronic auction

The procedure begins with the announcement of the date of the upcoming auction. It is held two days after consideration by the commission of the customer of the first parts of the applications received from the participants.

At the appointed time, the participants gather in the virtual hall - on the electronic platform. When the auction opens, they submit their proposals for the price of the contract. “Stepping” towards its decrease is allowed by no less than half a percent of the initial amount, or the minimum offer of one of the participants and no more than 5% (but not less than 100 rubles). If there were no new “steps” within 10 minutes, the auction ends with the victory of the last “player” who reduced the price as much as possible.

Electronic auction: terms

The entire process of the auction is regulated by clear deadlines. Some of them are shown in the table.

Action	Term, article according to Federal Law No. 44
Accreditation of a participant on an electronic site (or refusal to do so)	5 days (61st article, p. 4)
Warning by the operator about the imminent expiration of the received accreditation	3 months before the expiration date (Article 61, paragraph 15)
Change by the customer of auction documents	Not later than 2 days before the deadline for submitting applications (65th article, paragraph 6)
Acceptance of the first offer from the participant - on the price of the contract	10 minutes from the beginning of the electronic auction (68th article, paragraph 11)
Placement of the protocol on declaring the auction invalid	Within 30 minutes after its completion (68th article, item 20)

Electronic auction under 44-FZ: quota for entrepreneurs

When conducting electronic auctions and competitions, special preferences are made for small businesses, as well as socially oriented NGOs. According to Article 30 of Law No. 44-FZ, customers are required to buy from them at least 15% of the annual total volume of all public procurements they have made. For non-compliance with this quota officials faces a fine of 50,000 rubles (clause 11, article 7.30 of the Code of Administrative Offenses of the Russian Federation).

It is important! In order to participate in an open electronic auction, the participant's account must contain the amount required to make a mandatory security for an Internet application (from 0.5 to 5 percent) of the initial (maximum) cost of the state contract. Moreover, this amount will be frozen immediately until the completion of the procedure, during which a state contract will be concluded or an online application rejected. It should be noted that the operator of the Internet site is obliged to guarantee the confidentiality of information about participating organizations during the online auction. In the first part of the online application for participation, the name of the organization is not given. The state customer directly from the operator receives Internet applications under numbers. When considering such applications, he does not know what kind of organization is suspended or allowed to participate in the auction.

Open auction in electronic form 44-fz

fair competition, which excludes non-price methods of struggle;
participation in open auctions is possible from anywhere in the world where there is Internet, without the need to leave your own office, which is quite convenient;
equal rights that exist for all suppliers;
increased security and safety, the ability to use digital signature;
an open auction is available to small businesses that previously could not enter the scope of public procurement.

In addition to saving budget funds and reducing corruption, the implementation of measures established by the government guarantees extensive access to government orders for representatives of small and medium-sized businesses - as a result, sales markets for their products and services are expanding.

Electronic auction for 44-fz

Procedure: The customer places the purchase by uploading the following documents to the EIS (brief comments on their essence in brackets):

auction documentation (AD) (this is really hell: absolutely meaningless garbage, in 99% of cases consisting of stupid copy-paste of articles of the law, it is contraindicated for a participant to read this slop).
draft contract (except for the terms of payment, nothing interesting is indicated there).
justification of the NMC (in most cases, the participant is absolutely indifferent to where the initial price came from, unless it is inflated / underestimated to critical values).
TK and requirements for goods (really important document).

on one of the federal sites (the customer chooses (and yes, this is nonsense, since the customer interacts mainly with the EIS and the participants suffer from the sites)) participants apply for participation and will trade for a fall.

Conducting an electronic auction under 44-FZ

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in the case of NMTsK more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct purchases in electronic form, then he can do this no later than 5 days before the deadline for accepting applications.
4.

Attention

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

A participant in an electronic auction may change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the specified period, he will have to take part in the auction.

6. The next step is to consider the first parts of the applications submitted by the participants.

How a closed auction is held under 44-FZ: features and terms

Two parts of the application are submitted by the participant at the same time, but will be considered by the customer at different stages separately (the auction site does not consider or reject, but simply is a repository of documents). The first part of the application in the case of the purchase of goods or work / services using the goods must contain: The participant’s proposal for the supply (use) of the goods, indicating the trademark and specific indicators (all proposals will be considered by the customer before the auction, anonymous by default). “tick”, and its consideration by the customer is a formality. Features of the auction: after submitting, the participant receives a notification with a number from which one can judge the number of applications already submitted (and experience a slight shock because

Deadlines for holding an electronic auction under 44-FZ

Important

How to participate in the auction In order to participate in the open auction, you need to have electronic signature from the center that certifies it. Information about such centers is contained in the TSL list (reestr-pki.ru).

You also need to be accredited on the online trading platform where an open auction is held. There are five such sites in total:

sberbank-ast.ru
etp.roseltorg.ru
www.etp-micex.ru
www.rts-tender.ru
etp.zakazrf.ru

It is not necessary to pay for accreditation on the Internet site, but only if the organization is not a winner (the fixed amount is 3,000 rubles).

How to conduct an electronic auction for a customer: step by step instructions

And although tenders can be open, closed, with limited participation or two-stage, and auctions are divided into electronic and closed procedures, the main difference between the considered methods of procurement is the criterion for choosing the winner (price in the case of an auction, or the best aggregate terms for the execution of a contract in the case of a tender). ). In addition, there are a number of significant differences between the tender and auction procedures:

Order of conduct.
The auction is entirely held electronically - the notice and documentation are published in the EIS, the auction itself and the summing up take place on one of the electronic trading platforms intended for public procurement, the signing of the contract and information about its change or termination - everything is monitored electronically.

Open auction for 44-FZ

Before the OPT, you can withdraw your application (the provision of the application is unlocked instantly). You can immediately submit a new one, making the necessary amendments. Participants admitted to the first part enter the electronic auction. The second part of the application is submitted together with the first, but will be considered by the customer after the auction. Consists of standard documents. The winning bidder (lowest bidder) proceeds to the stage of concluding a contract.

the first part of the application.
the second part of the application.
Declaration
bidding at auction
conclusion of a contract based on the results of the auction

If not a single application has been submitted or all are recognized as inappropriate, the customer has the right to conduct a request for proposals. If only one first part of the application is submitted and / or recognized as appropriate, the auction is declared invalid (not held) - the customer immediately considers the second part.

Terms of the open auction for 44 fz

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

Open auction in electronic form, 44 fz

Info

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

During the same period, the protocol for the consideration of the first parts of the application is sent to the ETP operator, where the purchases take place, and the data is posted in the EIS. 7. Then comes the deadline for holding an auction under 44-FZ, this is the third business day after the end date for consideration of the first parts of applications. Exact time carrying out is appointed by the ETP operator. 8. Then it is necessary to announce the minutes of the auction. This information is posted on the electronic procurement site within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP.
9.

Electronic auction 44 fz step-by-step instruction for customer 2019

Cases of holding The customer has the right to conduct an electronic auction under 44-FZ (hereinafter - EA) for the purchase of products, performance of work, provision of services for any of the codes of the product classifier by type economic activity(hereinafter - OKPD2). At the same time, they should not fall under the restrictions of 44-FZ (for example, the need to conduct closed procedures). However, the law provides for cases when the customer is obliged to conduct an electronic procedure (Decree of the Government of the Russian Federation of March 21, 2016 N 471-r). These include:

agricultural goods and services;
mining products;
foodstuffs and drinks;
clothes;
paper;
medicines;
computer equipment;
construction works.

The list is quite extensive and includes more than 50 OKPD2 classes.

How to conduct an electronic auction for a customer: step by step instructions

Table 2 Bidding stage Scheduled time Rationale Submission of price offer Within 10 minutes Article 68 part 11 Extension of the time for submitting offers 10 minutes from the moment of submission of the previous offer Article 68 part 11 Closing stage of the auction 10 minutes from the expiration of the ten-minute period after the submission of the last offer Article 68 part 12 At the closing stage of bidding, bidders are given the opportunity to submit proposals for a contract value higher than the winning bidder. This allows a potential supplier to move up to second place.

If the winning bidder refuses to sign the contract, the customer will offer to conclude the contract to the second place participant. Situations of recognition of the auction as failed In some cases, the purchase is recognized as failed.

Article 59. Auction in electronic form (electronic auction)

This is possible in the following situations:

At the time of the deadline for submission of applications, no proposals have been submitted. The customer can announce a second auction or purchase from a single supplier.
When considering the first parts of applications, only one proposal was recognized as meeting the requirements.
In this case, the contract is concluded with the supplier at the initial price.
If no bids are submitted during the auction. After that, the operator of the trading platform transfers the second parts of the submitted applications to the customer.
The winner is the participant whose proposal was submitted earlier than the others, provided that it meets the stated requirements.
The auction commission rejects all the second parts of the applications or recognizes only one as compliant with the requirements.

Conducting an electronic auction under 44-FZ

Attention

Let's show on an example (CPU - participant's price offer). EA start time: 12:00:00, NMTsK - 100 rubles. CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from last) CPU 3 80 (10% down is not allowed) CPU 1 85 12:19:00 (9 minutes from last) 12:29: 01 (more than 10 minutes from last) This completes the first phase.

Info

Bargaining is allowed, but taking into account that the supplier cannot repeat or increase its own price offers or make an offer with a zero price. NMTsK - 100 rubles. CPU 1 95 CPU 2 90 CPU 2 90 (price equal to previously submitted, invalid) CPU 2 92 (price than previously submitted, invalid) CPU 1 0 (invalid, even within a step) Also, the participant cannot make a decrease outside the auction step , if the previous participant made a decrease within the step.

NMTsK - 100 rubles.

Deadlines for holding an electronic auction under 44-FZ

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Important

This is a competitive way to determine the supplier, in which information about the ongoing purchase is reported to an unlimited number of people by publishing documentation in the Unified information system. Any interested person who meets the requirements stated by the customer can take part.

To do this, you must submit an application remotely to the ETP. The main criterion for choosing the winner at the auction in electronic form according to 44-FZ is the lowest price offer at the auction.

Electronic auction for 44-fz

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

The exact time of the event is set by the ETP operator. 8. Then it is necessary to announce the minutes of the auction. This information is posted on the electronic procurement site within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP. 9.

Electronic auction for 44 fz step by step instructions 2018

The customer is obliged to conduct an electronic auction in the event that goods, works, services are purchased that are included in the list established by the Government of the Russian Federation, or in an additional list established by the highest executive state authority of a constituent entity of the Russian Federation when procuring goods, works, services to ensure needs of a constituent entity of the Russian Federation, except for the cases of procurement of goods, works, services through a request for quotations, a request for proposals, procurement from a single supplier (contractor, performer) subject to the requirements of this federal law. The inclusion of goods, works, services in these lists is carried out in case of simultaneous fulfillment of the following conditions:

Federal Law of December 28, 2013 N 396-FZ) (see.

Notice of an electronic auction

5. A participant in an electronic auction may change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the specified period, he will have to take part in the auction. 6. The next step is to consider the first parts of the applications submitted by the participants.

Guide to the contract system in public procurement. electronic auction

CPU 1 95 CPU 2 90 CPU 3 80 (out of step, invalid) If the current minimum reduction belongs to the same participant, then he cannot reduce it. NMTsK - 100 rubles. TP 1 95 TP 2 90 TP 2 85 (same bidder, not allowed) The second phase starts if within 10 minutes from the last bid none of the bidders has proposed a new price.

This stage also lasts for 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the auction step, while it cannot be lower than the minimum offered in the first phase. EA start time: 12:00:00 NMTsK - 100 rubles CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from the last one) CPU 1 85 12:19:00 (9 minutes from the last one) 12 :29:01 — 12:39:01 second phase If within 10 minutes after the start, none of its participants has submitted a price, then such a procedure is recognized as failed.

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Question answer
44-FZ
Terms of the electronic auction under 44-FZ

The term of the electronic auction under 44-FZ means the period of time allotted for each stage of the purchase. Let us consider in more detail how many stages there are in total and in what terms, according to the law, they must pass. 1. The very first step in organizing an electronic auction is the placement of a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMTsK: if it exceeds 3 million rubles, then a notice must be posted 15 days (or more) before the deadline for accepting applications.

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

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