An electronic auction is undoubtedly the most popular competitive procedure carried out within the framework of Federal Law dated April 5, 2013 No. “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Her distinctive feature is the versatility that allows this method to be used in almost any situation.
And indeed, when compared with other procedures provided for by the law on the contract system, the auction has almost no restrictions and allows you to conclude a contract for any amount and purchase any types of goods, works and services.
Today, an electronic auction is the only procedure that takes place entirely digitally from start to finish. This state of affairs has both positive and negative sides.
Since submitting applications, conducting tenders and concluding a contract is carried out on the Internet through an electronic trading platform (ETP), this allows suppliers located many kilometers from the customer to participate in tenders. This, of course, expands the circle of potential participants and, as a result, increases competition, which in turn enables the organizer to conclude a contract at the most favorable price.
The negative side of this approach is that it complicates the procedure for supplier participation in the auction. Since all stages are carried out digitally, the participant should receive an electronic digital signature and register on that trading platform where the auction will take place. Without this, participation in the auction will simply be impossible.
Despite the fact that registration on any of the trading platforms does not constitute a lot of work, workplace setup, application, bidding and contract signing mechanisms can be challenging for unprepared suppliers.
The application for participation in the auction submitted by the supplier consists of two parts. According to the requirements of Part 3 of Law No. 44-FZ, its first part must contain:
At the stage of consideration by the commission of the first parts of applications, information about the participants who provided them is not available. Given this, it is advisable for the supplier not to include information about himself in the first part. However, the law does not prohibit this.
The second part of the application includes constituent information and a number of documents provided for in Part 5 of Article 66 of Law No. 44-FZ.
Most of them are already posted on the marketplace - the supplier placed them there during the registration process, and therefore they do not need to be submitted again.
As in many other cases, the customer places a notice and documentation, which includes a description of the procedure, requirements for applications, rules for their submission, terms of reference and a preliminary contract template. The notice is published in the Unified Information System seven (purchase up to three million rubles) or fifteen (over three million rubles) days before the end of accepting applications. Consideration of the first parts lasts no more than seven days from the date of application submission.
When the commission posts a protocol with the results of the first stage of selection of applications on the government procurement website, it is time for bidding. Two days after the protocol, the auction is scheduled for the first working day. Exact time indicated in the notice. Bidding goes down by submitting price proposals by participants in increments ranging from 0.5% to 5% of the initial (maximum) contract price.
When the bidding is completed, the ETP sends to the customer the second parts of the first ten (if any) bids from those participants who made the lowest price offers. They are considered no more than three working days. The winner of the auction is the participant who was able to lower the price more than others, and his application satisfies all documentation requirements.
This is important! To participate in an open electronic auction, the participant’s account must contain the amount required to provide mandatory security for the online application (from 0.5 to 5 percent) of the initial (maximum) cost of the government contract. Moreover, this amount will be frozen immediately until the completion of the procedure, during which a government contract will be concluded or the online application will be rejected. It is worth noting that the operator of the online platform 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 government customer receives online applications with numbers directly from the operator. When considering such applications, he does not know what kind of organization is excluded or allowed to participate in the auction.
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 the products they manufacture and services provided are expanded.
Procedure: The customer places a purchase by uploading the following documents into the Unified Information System (brief comments on their essence in brackets):
on one of the federal platforms (chosen by the customer (and yes, this is absurd, since the customer interacts mainly with the Unified Information System and the participants have to suffer with the sites)) participants submit applications for participation and will trade down.
And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in the case of NMCC more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct procurement in electronic form, he can do this no later than 5 days before the deadline for accepting applications.
4.
Attention
The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The answer must be provided to him within 2 days from the receipt of this request.
A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he fails to do this within the specified period, he will have to take part in the auction.
6. The next stage is the consideration of the first parts of the applications submitted by the participants.
Two parts of the application are submitted by the participant simultaneously, but will be considered by the customer at different stages separately (the auction application platform does not consider or reject, but is simply a document repository). 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 goods indicating trademark and specific indicators (all proposals will be considered by the customer before the auction, anonymous by default). In other cases (purchases of works/services without using the goods), such consent is automatically generated by the platform, the participant only needs to check the box, and its consideration by the customer is a formality. Features of the auction: after submission, the participant receives a notification with a number, from which you can judge the number of applications already submitted (and experience a slight shock because...
Important
How to take part in the auction In order to participate in an open auction, you must have an 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 the open auction is held. There are five such online platforms in total:
There is no need to pay for accreditation on the Internet site, but only if the organization is not the winner (the fixed amount is 3,000 rubles).
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 procurement methods under consideration is the criterion for selecting the winner (price in the case of an auction, or the best overall conditions for fulfilling the contract in the case of a competition ). In addition, there are a number of significant differences between the competition and auction procedures:
Before the OPO, you can withdraw your application (the application security is unlocked instantly). You can immediately submit a new one, making the necessary amendments. Participants admitted under 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 (who offered the most low price) moves to the stage of concluding a contract.
If no applications are submitted or all are found to be non-compliant, the customer has the right to conduct a request for proposals. If only the first part of the application is submitted and/or found to be relevant, the auction is declared invalid (not held) - the customer immediately considers the second part.
The customer must sign the contract within 3 working days after the contractor does so. You can learn about all the timing and features of each stage of the electronic auction in our State Order training course.
RusTender employees specially collected all the necessary information, supported own experience participation, thanks to which you will be able to successfully participate in government procurement and receive contracts. These are the main stages and terms of the auction under 44-FZ, held electronically on the ETP of the federal operator.
All time characteristics given in the text are current at the time of writing. To always be up to date latest changes follow the laws of the Russian Federation.
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 eliminated.
During the same period, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System. 7. Then the deadline for the auction under 44-FZ comes, this is the third working day after the end date for consideration of the first parts of applications. The exact time of the event is determined by the ETP operator. 8. Then it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the electronic trading platform.
9.
In this material we have collected all the information about electronic auction, which is contained in 44-FZ. It is no secret that this law is sometimes difficult to understand, so we have tried to present its provisions as accessible and simple as possible.
An electronic auction is understood as a procurement that:
In this case, “improvement” means submitting an application with a price lower than that of competitors, since an electronic auction under 44-FZ is held to reduce the contract price.
Registration in ERUZ EIS
From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Unified register procurement participants) on the EIS portal (Unified information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
An electronic auction is considered the most transparent procedure of all methods for determining a supplier. Its disadvantage is that the selection criterion at the bidding stage is only the price. Therefore, you can purchase through an auction not just any goods, works or services, but only those for which you can:
Such procurement items are included in the list approved by the Government of the Russian Federation. The goods, services and works included in it must be purchased strictly through an electronic auction. But there is an exception: if the conditions for purchasing an object from the auction list “fit” into the request for quotations or proposals or concluding a contract with sole supplier, then the appropriate procedure can be carried out. So, if the price of a contract for the purchase of goods from the auction list does not exceed 100 thousand rubles, instead of an auction, you can purchase from a single supplier.
In addition, the customer can purchase other goods, works or services through an auction if they can be clearly described and assessed only by price.
The parties to the electronic auction are:
ETP is an Internet resource that provides other parties with the technical capabilities to interact for the purpose of bidding and concluding contracts. Each site is managed operator, that is, the legal entity that owns it. Not any ETP is allowed for trading under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are allowed to conduct procedures within the framework of government procurement. However, soon.
To become a trading participant on the ETP, you need to go through accreditation. For now, this procedure is carried out at each site separately, but after all purchases are transferred to electronic form instead, it will only be enough to register in the EIS.
The name of the procedure implies electronic document management. This means that all documents signed by the parties are in electronic format and signed electronic signature. To obtain an EDS certificate, customers must contact the Treasury. Suppliers can obtain a signature from any certification authority.
Pay attention! From July 1, 2018, suppliers must use a qualified electronic signature. For now it is allowed to use unqualified.
Exchange electronic documents happens across the platform. The exception is the process of concluding a government contract - it takes place in the Unified Information System. ETPs are obliged to ensure the confidentiality of information about auction participants until the results are summed up. In addition, information and documents on all previously held procedures are stored on the site.
The responsibilities of the ETP operator include publishing documents. This applies not only to the protocols that are drawn up during the auction, but also to the documents that customers upload to the site, namely notices and other procurement documents, their changes, clarification of the provisions of the documentation and notices of refusal to hold the auction. The operator also sends all these documents (with the exception of the notice of an electronic auction and auction documentation, which is placed in the Unified Information System) to the participants’ mail.
Accreditation for ETPTo obtain accreditation at the site, you must submit a set of documents to the operator. For now, this needs to be done at each site. However, the accreditation process will be reduced to registration in the Unified Information System. For now, the old accreditation rules are in effect, so let’s pay attention to them.
IN set of documents submitted to the trading operator, includes:
Pay attention! The customer has no right to require participants who have been accredited to the ETP to provide any other documents.
After submitting a set of documents to the ETP, the operator must accept accreditation decision. This is what he has to do 5 working days. As a result, the supplier should be notified of what decision has been made. If it is positive, along with it the participant will receive access to auctions and an account number for transferring bid security. If negative, the message will indicate the reasons for this.
Refusal can occur in several cases:
There cannot be any other grounds for refusal of accreditation. If the deficiencies are corrected, the supplier may reapply for accreditation.
If accepted positive decision The participant is given accreditation for a period of 3 years. It is important to remember that it is mandatory to notify the ETP of changes. This is necessary if:
The participant sends a notification about this to the ETP, and the operator makes changes to his data. If necessary, documents are also placed on the site.
Important! The trading operator does not verify the accuracy of the information and documents provided to it by participants. All responsibility for this falls on themselves.
Having received accreditation, the participant can see all auctions held on the site. To take part in them, he needs transfer funds to ETP. At the time of sending and applying for a particular auction, an amount equal to the amount of its security will be blocked from these funds.
The opportunity to take part in auctions is blocked 3 months before the end of the accreditation period. ETP notifies the participant that accreditation needs to be renewed. You can start the process without waiting for this notification, but not earlier than 6 months before the expiration of the current accreditation.
The operator, in turn, leads Register of accredited participants. It contains the following data:
Information is sent to this Register on the same day when the decision is made to accredit the applicant. If changes are made to the information, they are reflected in the register within 1 hour. If the accreditation period expires, the participant is removed from the register within one working day. The same will follow if the operator decides to exclude the supplier from the register. The site must notify the supplier that it has been removed from the register of accredited participants.
A notice of an auction is published in the Unified Information System and in any media within the following periods:
The notice includes information required for all purchases:
In addition, the notice includes information about a specific procedure: ETP address, closing dates for accepting applications and holding the auction, amount of application security, requirements for the participant - general and additional, conditions and prohibitions for the implementation of the national regime (if established).
The auction documents generally repeat all the information contained in the notice. In addition, the auction documentation contains such information:
Request for clarificationIf the supplier has questions about certain provisions of the documentation, he can request clarification. This feature works for any accredited participant. Each of them can submit 3 requests within one procedure. The following deadlines have been established for this:
As a result of the clarification, the procurement documentation may be changed. In addition, the customer can do this at his own discretion. The rules are:
An application for an electronic auction consists of two parts. We wrote in detail in a separate article.
The second part of the application consists of information about the supplier and the procurement object. The supplier provides:
Pay attention! If such documents are transferred along with the goods, the supplier does not have to submit them as part of the application.
Pay attention! The customer cannot require the supplier to provide other documents or information.
You can submit your application at any time, including the last day of admission. Both parts of the application are sent simultaneously. An application for an ETP is submitted, then the operator confirms within an hour that it has been received and assigns a number to it. Submitting more than one application for participation in the auction is prohibited.
At the first stage, the application is verified by the platform itself. The operator cannot reject the application for other reasons, except:
When sending a refusal to accept an application to a participant, the operator must explain the reason. The participant himself can withdraw the application before the end of the admission period - there are no restrictions for this.
When the deadline for accepting applications is over, ETP sends their first parts to the customer. He must do this no later than the next working day.
It happens that not a single application is submitted. In this case, the auction is recognized failed.
No more 7 days from the closing date for accepting applications, the customer’s commission reviews their first parts. There are only two reasons for refusal:
The auction date is indicated in the documentation. It is held in 2 days after consideration of the first parts of applications. If this day falls on a weekend, then the next day is the first working day. The time is assigned by the operator and depends on the time zone.
All participants admitted to the procedure gather in the “auction hall” at the ETP on the appointed day and time. When the auction begins, they submit their price bids. The price step cannot be less than half a percent of the NMCC or the current minimum bid of the participant. You can only improve your own application, that is, submit another one with a lower price. However, if the best entry is yours, you cannot improve it further until another participant does so. It is also prohibited to submit an application with a price equal to zero. More details, price offers and price increments can be read in a separate material.
If within 10 minutes after the last bid no one has “outbid” it, the auction is considered completed.
It happens that two participants receive the same requests. In this case, the winner will be the one whose application is recorded first.
For the next 10 minutes, participants can submit offers with a price not lower than that of the winner. It can be anything between the NMCC and the leader price. In this case, the calculation is made that at the stage of consideration of the second parts of applications, some of them may be rejected.
Based on the results of the auction, the operator generates a protocol in which he indicates information about the initial contract price and all the latest bids from participants, distributed in ascending order of price. That is the participant who submitted the best application will be assigned the number “1”. For each application, the time at which it was received is recorded. In addition, the protocol indicates the address of the ETP, as well as the start and end time of trading. The protocol is posted on the site within 30 minutes after the end of the auction.
Within the next hour, the operator must send to the customer:
In addition, notification of the auction results is sent to its participants.
It happens that in the first 10 minutes of trading no one submitted a single offer. Then it is considered that the auction did not take place. The operator publishes a protocol in which he indicates the ETP address, the start and end time of the auction and the initial price of the contract.
If an auction participant does not understand something in the auction results, he can send a request for clarification. The response to the operator is given 2 working days.
During bidding, the contract price may be reduced to zero. By submitting the following proposals after this, the participants will compete among themselves for the right to conclude a contract with the customer. The final price will be paid by the winning bidder to the customer for the conclusion of the contract. Such an auction can be held for up to 100 million rubles. A participant cannot submit an application for an amount exceeding the value of a major transaction, which is published in the Register on the ETP. The contract security in this case is calculated not from the price offered by the winner, but from the initial price.
The customer commission reviews the second parts of applications from participants who took first to fifth place at the end of the auction. The review process lasts no more than 3 working days. The only basis for rejecting the second part of the application is lack of necessary information or presence of inaccurate information.
When all applications have been considered, the customer draws up a protocol for summing up the results of the auction. It indicates serial numbers 5 best applications and a note is made about their compliance with the requirements. If the application is found to not meet the requirements, it is necessary to indicate what exactly was violated. For each application, the decision of each member of the commission is indicated.
Participants who take the first 3 places cannot withdraw their applications. All other participants can do this by sending a notification to the ETP operator.
The winner of the auction is the participant who offered minimum price- provided that the second part of his application meets the requirements. If the auction “passes 0”, then the participant who offers the highest price wins.
The protocol is published in the Unified Information System no later than the next working day. In addition, within an hour the ETP operator must notify all participants about the results of consideration of applications.
If no second part of the application meets the requirements, the auction is recognized failed.
If a participant does not agree with the actions of the customer or ETP operator, he may.
The customer enters into a government contract with the participant who is declared the winner. For 5 days After posting the final protocol, the customer publishes a draft contract in the Unified Information System. It must contain data from the winner’s application and the price offered by him. First, the contract is signed by the performer. He has 5 days from the date of placement of the project in the Unified Information System in order to provide security and sign. As a result, he must post a signed contract and a document confirming the payment of security.
The customer is the last to sign the contract. He can do it no earlier than 10 days from the date of publication of the final protocol.
Anti-dumping and additional enforcement measuresIf during bidding the contract price falls by more than a quarter of the initial price, anti-dumping measures come into force. They are as follows:
For some procurement items that fall into the category of vital goods, additional requirements have been established. These are food products, medicines, emergency supplies, and fuel. To confirm the seriousness of its intentions, the participant must provide the customer with one of the documents:
Law 44-FZ does not allow changing the essential terms of the contract. However, the supplier may notice some inaccuracies in the project proposed by the customer for signature: discrepancy between the data and what is indicated in the notice, auction documentation or participant’s application. In this case, a protocol of disagreements is drawn up. It indicates what exactly does and does not correspond.
Next 3 days are given to the customer for a response. And it could be like this:
Now already 3 days the supplier has the opportunity to sign a contract or send a new protocol of disagreements. An unlimited number of such protocols can be submitted. However, the following rule must be followed: the latest protocol can be sent to the customer no later than 13 calendar days from the date of publication of the final protocol of the auction.
When all disagreements are resolved and the contractor has signed the contract, the customer has 3 days to sign.
The auction winner will be recognized as having evaded concluding a contract if he violates the following rules:
The customer has the right to go to court to claim damages from the auction winner that resulted from his refusal to conclude the contract. As for purchasing, then the contract can be concluded with participant No. 2. If he gives his consent, then within 10 days the customer sends him a draft contract. If participant No. 2 refuses, then a decision is made to declare the auction invalid.
So, the electronic auction was declared invalid. What's next? The course of action depends on whether there are bidders for the contract or not.
Only one application can be submitted to the auction. Or several applications were submitted, but based on the results of consideration of the first parts, it was decided that only one of them meets the requirements. That is, only one participant is allowed to participate in the auction. It is clear that in such a situation it cannot be carried out, however, a contract can be concluded with the participant, as with a single supplier.
The site operator must send the participant’s documents to the customer no later than one business day after the deadline for accepting applications. Next, the auction commission will review his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up in which the customer will indicate his decision. If the customer is found to meet all requirements, a contract will be awarded to him.
Another possible option, when the auction is declared invalid, the participants admitted to it did not submit price proposals during the auction. In this case, the customer reviews all second parts of the applications and determines which of the auction participants fully meets the requirements. The contract will be concluded with those of them who are recognized as eligible and submitted an application earlier than others.
This is possible in a situation where no bids were received for the auction or, based on the results of consideration of the first parts, none of them were found to meet the requirements. In this case, the customer must change his planning documents and spend . If the provisions of Law 44-FZ allow, the purchase can be carried out in another way.
Let's give step by step instructions on conducting an electronic auction under 44-FZ for the customer, examples of the necessary documentation, including a sample information card for an electronic auction, we will tell you what documents are needed for an electronic auction under 44-FZ.
An electronic auction is one of the procurement methods within the framework of 44-FZ, the winner of which is the participant who offered the minimum contract price.
Conducting an electronic auction under 44-FZ is a difficult procedure and at the same time strictly regulated (Articles 59-71 of Law No. 44-FZ). Any deviation from the requirements of the law is punishable by a fine. What should the customer do when conducting an electronic auction? First of all, consistent.
We will provide a scheme for conducting an electronic auction under 44-FZ for the customer, we will analyze all the steps, we will provide a sample information card for an electronic auction under 44-FZ, as well as others necessary documents.
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Before holding an auction, the customer must form an auction commission, develop and approve regulations on its functioning and prepare documents for the auction.
In particular, documentation about the auction should be developed and a draft contract attached to it. The documentation specifies: the name and description of the procurement object, requirements for applications and deadlines for their submission and consideration, the date of the auction, the amount of contract security, etc.
At this stage, the customer develops and publishes a notice of an electronic auction in the Unified Information System. Moreover, it must be published in the Unified Information System at least 7 days before the deadline for submitting applications (if the contract price is up to 3 million rubles) and at least 15 days in advance (if the contract price is above 3 million rubles). To attract attention to the procurement, the customer can also publish information about the tender in the media.
The notice must include the following information: the name of the electronic platform, the end date of consideration of applications and the date of the auction, the amount of security for applications, benefits for SMP and SONCO, organizations of the disabled and institutions of the penal system. The entire list of documents that will be required from participants is also written down here.
Ekaterina Kravtsova, Deputy Head of the Procurement Department of the Public Sector Organization of the Development Department contract system Ministry of Economic Development of Russia
Advice: While you are preparing your application, regularly review the procurement documents in the Unified Information System. Participants have the right to send a request for clarification of the auction documentation. The customer's answers will be useful and will help avoid unnecessary mistakes.
Ask your question to the experts
At this stage, the customer reviews the first parts of the applications (which contain information about the supplier’s auction offer, but no information about him). The customer is given a maximum of seven days by law to study the first parts of applications. Based on the results of consideration of applications, the auction commission allows or does not allow the participant to the next stage of the procurement. The results of consideration of the first parts of applications are recorded in the form of a protocol, which is published in the Unified Information System. We have counted four auction protocols, errors in which will give the participant the opportunity to complain about your purchase to the FAS. .
The auction itself is held on an electronic platform on the selected day and time. During the auction, the participant submits his price offer. The auction step is from 0.5% to 5% of the initial contract price, the acceptance time is 10 minutes after the last offer is received. If no new offer is received after this time, the auction automatically ends.
After the auction is completed, the operator electronic platform forwards to the customer the second part of the application of the participant who made the last offer. The second part of the application contains data about the customer himself.
The auction commission reviews the second parts of applications and prepares a protocol for summing up the results. The auction commission has three days to review. The winner is the participant who offers the lowest contract price (provided that his application meets the documentation requirements).
The customer supplements the draft contract with the terms of execution proposed by the winner and sends the document to the winner for signature. The law allows the customer five days to prepare and post a draft contract in the Unified Information System. Another five days are given to the winner to sign the contract on his part. After which the document is signed by the customer. The contract is considered concluded.
Let's summarize
Conducting an electronic auction is a complex and carefully regulated process. We examined only the algorithm for conducting an electronic auction under 44-FZ. Each of the described stages has strictly regulated deadlines and requirements for each of the procurement parties, which are clearly stated in 44-FZ.
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