The signs of such a procedure as an electronic auction are regulated in the first part. It states that this is a competitive method of identifying a supplier, in which procurement information is communicated to an unlimited number of persons by publishing documentation in the Unified Information System. Any interested person who meets the requirements can participate. Federal Law 44 calls the main criterion for selecting a winner at an open auction in electronic form the lowest price offer at the auction. To do this, you must submit an application remotely to.
By Order No. 1447-r dated July 12, 2018, the government increased the number of trading platforms from 6 to 8 and approved a single specialized trading platform. The final list included existing platforms for trading under 44-FZ:
- EETP, “RTS-tender”;
- Sberbank-AST;
- "Electronic trading systems";
- State Unitary Enterprise “State Order Agency of the Republic of Tatarstan”;
- "Russian Auction House";
- "TEK-Torg";
- ETP GPB (“Electronic trading platform of Gazprombank”).
The only specialized electronic trading platform has become. This platform was created last year by Sberbank and the Rostec state corporation specifically for digital procurement within the framework of the state defense order.
What has changed after 07/01/2018
When is it carried out?
The customer carries out an auction procedure under 44-FZ for the purchase of products, performance of work, provision of services according to any of the codes of the classifier of products by type of economic activity (OKPD2). But they should not be subject to the restrictions of 44-FZ (for example, the need to hold closed meetings).
However, the law provides for cases when the customer must conduct an electronic auction; there will be cases of mandatory electronic auction trading.
These include:
- agricultural goods and services;
- mining products;
- food and drinks;
- cloth;
- medicines;
- computer equipment;
- construction works.
The list is quite extensive and includes more than 50 OKPD2 classes.
A subject of the Russian Federation may also adopt an additional list of cases in which regional customers will be required to conduct electronic auction procedures for government procurement.
It is worth noting that the listed cases have their own characteristics. For example, it is not necessary to carry out EA at particularly dangerous, technically complex and unique facilities or the purchase of food products for educational institutions, when the customer has the right to hold a competition with limited participation.
Clause 2 Art. 59 provides for relaxations regarding the mandatory conduct of EA. In particular, if the order does not exceed 500,000 rubles, the customer has the right to carry out it regardless of whether the code of the order being carried out falls into the established mandatory list. The same applies if the order is carried out in accordance with the cases established by Art. 83 and 93, by requesting proposals or from .
Auction instructions
Step-by-step instructions for an electronic auction under Federal Law 44 of 2019 for the customer and supplier are regulated by:
- Determine the date.
- Carry out the main and final stages.
- Choose a winner.
Let's look at these steps in order.
How to calculate the auction day
The article states that the day of the electronic auction is the working day that follows the expiration date for consideration of the first parts of applications. If it is played out in the construction industry and design and estimate documentation for is included in the documentation, then bidding begins four hours after the deadline for submitting applications.
Electronic trading begins at the time set on the ETP, based on the customer’s time zone. Only suppliers admitted based on the results of the first part verification can take part.
How long does the auction take?
This is affected by the following parameters:
- starting price;
- how many suppliers will come to the auction;
- how much they reduce the price.
Minimum time - 10 minutes. This is if no one has placed a bet. Then the winner will be the one who submitted the application first.
Sometimes trading can last several days. This is possible if prices have fallen below 99.5%, and participants are already bargaining for the right to conclude a government contract, i.e. they want to pay the customer extra to pick up the order. On average, electronic trading lasts 1-1.5 hours.
How do the main and final stages go?
The ETP operator monitors compliance with the requirements for the procedure. It can be divided into 2 stages.
The first stage implies that price proposals are submitted within 10 minutes from the last one submitted. The auction step under 44 Federal Laws in 2019 ranges from 0.5 to 5% of the initial contract price.
It will not be possible to reduce the cost by more than 5% with one price offer. Participants reduce the current minimum price within a step.
Let's show it with an example (CP - participant's price offer).
This completes the first phase.
Bargaining is possible, but taking into account the fact that the supplier cannot repeat or increase its own price offers or make an offer with a zero price.
A participant cannot make a reduction outside the auction step if the previous participant made a reduction within the step.
The second phase begins if, within 10 minutes from the last price offer, none of the participants offered a new price. The stage lasts 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the step, but it cannot be lower than the minimum offered in the first phase.
If within 10 minutes after the start none of the participants submitted a price, then the auction is considered invalid.
From 18:00 on the day before the auction until the start of bidding, the auction robot does not work. The functionality of disabling the auction robot becomes available immediately after the start of the electronic auction by submitting a price proposal manually, signing it with an electronic signature certificate.
“Bram” scheme, what to do if you get hit by it
In addition to the schemes that we have listed, there are also gray strategies. One of them is the “Taran” scheme. Its essence is that 3 organizations agree in advance on a bidding scenario. Two of which, in an aggressive strategy, bring the price “below the plinth”. The third participant at the final stage takes third place, half a percent lower than the victim of the scheme. When considering the second parts, the first two winners have a photograph of their mother-in-law instead of a license or some documents are missing. As a result, the contract is taken by the participant in third place, and the fourth one bites his elbows because he could have offered a price much lower, but did not do this, because he decided that the contract would be played by the first two participants.
Therefore, offer your economic minimum at auction. To do this, you have a final stage where you can offer a price no lower than the winner. You can also go to court and declare the auctions that took place according to this scheme invalid. Such conclusions were made by the Arbitration Court of the East Siberian District in its decision in case No. A10-3052/2018 dated 07/04/2019.
1. Only participants registered in the unified information system, accredited on the electronic platform and admitted to participate in such an auction can participate in an electronic auction.
2. An electronic auction is held on an electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the customer is located.
3. The day of an electronic auction is the business day following the expiration date for consideration of the first parts of applications for participation in such an auction. In this case, an electronic auction, if project documentation is included in the procurement documentation in accordance with clause 8 of part 1 of Article 33 of this Federal Law, is held four hours after the deadline for submitting applications for participation in the specified electronic auction.
(see text in the previous edition)
4. An electronic auction is conducted by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner established by this article.
5. If, in accordance with this Federal Law, the quantity of goods supplied, the volume of work to be performed, or services to be provided cannot be determined, an electronic auction is held by reducing the initial amount of prices for units of goods, work, or services in the manner established by this article.
(see text in the previous edition)
6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to 5 percent of the initial (maximum) contract price.
(see text in the previous edition)
7. When conducting an electronic auction, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.
8. When conducting an electronic auction, any participant also has the right to submit a proposal for the contract price, regardless of the “auction step”, subject to compliance with the requirements provided for in Part 9 of this article.
9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:
1) a participant in such an auction does not have the right to submit a contract price proposal that is equal to or greater than the contract price proposal previously submitted by this participant, as well as a contract price proposal equal to zero;
2) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price, reduced within the “auction step”;
3) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price if it is submitted by such a participant in an electronic auction.
10. From the start of the electronic auction on the electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.
11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically, using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.
12. Within ten minutes from the moment of completion of the electronic auction in accordance with Part 11 of this article, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account the requirements provided for paragraphs 1 and 3 of part 9 of this article.
13. The operator of an electronic site is obliged to ensure the confidentiality of information about its participants when conducting an electronic auction.
14. During an electronic auction, the operator of the electronic site is obliged to reject proposals for the contract price that do not meet the requirements provided for in this article.
15. Rejection by the operator of the electronic platform of proposals for the contract price on grounds not provided for in Part 14 of this article is not allowed.
16. If a participant in an electronic auction offers a contract price equal to the price offered by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.
17. In the event of an electronic auction being held in accordance with Part 5 of this article, the participant who offered the lowest contract price is recognized as the person who offered the lowest amount of prices for units of goods, work, or services.
(see text in the previous edition)
18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.
(see text in the previous edition)
19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in in accordance with Part 18 of this article, received the first ten serial numbers, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as information and electronic documents of these participants, provided for in Part 11 of Article 24.1 of this Federal Law. At the same time, when conducting an electronic auction, if project documentation is included in the procurement documentation in accordance with paragraph 8 of Part 1 of Article 33 of this Federal Law, the operator of the electronic site also sends to the customer the first parts of the applications of such participants as provided for in Part 3.1 of Article 66 of this Federal Law. Within the specified period, the operator of the electronic platform is obliged to send relevant notifications to participants.
(see text in the previous edition)
Those suppliers who are just planning to take part in the auction are concerned about many questions. How to find out the number of competitors? How is the price step determined? Is it possible to start by following the procedure from the outside without taking part in it? Let's try to answer these and other questions.
My application has been assigned number 10. Does this mean that 9 participants have already registered besides me?
Not at all necessary. After all, applications can be withdrawn and submitted again. In this case, the numbering will continue. The exact number of auction participants is known to the customer before the auction.
Is it possible to watch the auction if you do not take part in it?
Yes, this is possible in the open section of the electronic trading platform. For example, if this is Sberbank-AST, then you need to select “Auction Hall” in the “Auctions” menu. A list of all active procedures will appear. You can enter the one you are interested in and watch the progress of the auction.
Registration in ERUZ EIS
From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
I am interested in the auction history of a particular customer. Where can I watch it?
This is available on the official website of the EIS. The results of all electronic auctions are posted here. For procedures of interest, you can view the protocols of bidding and summing up, as well as information about the contract.
How is the first price quote submitted? Can it be equal to NMCC?
The first bid must be submitted within 10 minutes of the start of the auction. If this is not followed, it will be declared invalid. The offer must be less than the initial contract price - it cannot match it. Moreover, it should differ from the NMCC by a price step.
How is the price step determined?
The price step range is established by law - it is 0.5-5% of the NMCC. To improve the current auction price, a bidder must submit an offer in increments within this range.
Is it possible to submit an offer outside the price step?
The first offer must be in the price step in any case. Next, participants can bid outside the step. However, you need to take into account that such an offer will not improve the auction price.
Since a proposal outside the step is not taken into account, then why submit it?
The participant who made such an offer may have his own reasons. For example, he is fighting for second place. Such tactics do exist. After all, after the bidding, the second parts of the applications are evaluated, and if at this stage the winner is rejected, then the contract will be concluded with participant No. 2.
Is the price of the second and subsequent offers reduced by one step from the leader’s price or from the NMCC?
The price step, that is, the percentage of its reduction, is calculated from the NMCC. The resulting value is subtracted from the leader's price.
The participant submits an offer that reduces the leader's price by a value less than the price step. Who will be declared the winner in this situation?
The participant who submits the best offer in the price step will win. An offer outside the step will not be taken into account and will not reduce the price of the leader. This proposal can only improve the current proposal of the bidder itself and will not affect the leader of the bidders in any way.
Is it possible to submit an offer equal to the leader's price?
Yes, this is appropriate at the end of the auction. The participant who is the first to submit bids at the same price as the leader will become second in the Auction Protocol.
Under electronic auction period according to 44-FZ, they mean the period of time allotted for each stage of the procurement. Let’s take a closer look at how many stages there are and within what timeframes, according to the law, they must take place.
Electronic auction under 44-FZ - deadlines in the table
If NMCC less than and equal to 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction projects less than or equal to 2 billion rubles), then the minimum procurement time and conclusion of the contract 19 days.
If NMCC more than 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction projects more than 2 billion rubles), then the minimum procurement time and conclusion of the contract 26 days.
Deadlines for filing applications for an electronic auction under 44-FZ
1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. The deadline for submitting applications for the electronic auction varies depending on the amount of the NMCC: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, and major repairs of capital construction projects exceeds 2 billion rubles), then the notice must be posted in 15 days(or more) until the closing date for applications. If the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days(or more).
2. There are times when it is necessary to make changes to the notice or documentation itself. For this purpose, electronic auctions under 44-FZ provide for the following deadlines: no later than 2 days before the deadline for accepting applications.
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 and up to 7 days, respectively.
3. If the customer decides to refuse the auction, he can do so no later than 5 days before the end of applications.
4. A participant may submit a request for clarification of auction documentation, but no later than 3 days before the end of applications. The customer must publish the response within 2 days from the receipt of this request.
5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, if it is consistent, the participant will be admitted to the auction, but he has the right not to submit price proposals.
6. The next stage is the consideration of the first parts of applications submitted by participants. It amounts to 1 working day after the deadline for submission, if the contract price is less than or equal to RUB 300,000,000. (in the case of construction work, 2 billion rubles or less).
In all other cases, the deadline for consideration of the first parts of applications is 3 working days. During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are eliminated.
At the same time, 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.
However, if the documentation includes design documentation, then the deadline for submitting applications is also the deadline for reviewing the first parts of applications. In other words, if a participant submits an application to participate in such an auction, it is automatically considered accepted.
7. Then the deadline for the auction under 44-FZ comes, this is the working day following the end date for consideration of the first parts.
For example, if applications were reviewed on Friday, then the electronic auction will be on Monday, because after Friday the next working day is Monday.
If project documentation is included as part of the documentation, the auction takes place 4 hours after the end of applications.
8. After this, it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the completion of the last phase of bidding, 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. Review of 2 parts of the application must take place on time no more than 3 working days, from the moment the protocol on the electronic auction is posted on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.
10. Within 5 calendar days, from the date of publication of the final protocol in which the winner is determined, the customer sends him a draft contract in the winner’s personal account.
Deadlines for signing a contract under 44-FZ in an electronic auction
11. Within 5 calendar days After receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document confirming the execution of the contract, or send the customer a protocol of disagreements.
12. If a protocol of disagreements has been sent, then the customer is given 3 days to study it and publish a modified version of the contract. If the contract is posted without changes, then the customer must justify the refusal of the participant’s proposed changes.
13. Over the next 3 working days after publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document confirming the execution of the contract.
14. The customer must sign the contract within 3 working days after the winner does so. From this moment the contract is considered concluded.
Please note that the contract cannot be concluded earlier than 10 days from the date the winner is determined, those. placement of the final protocol.
15. If the participant’s application was rejected in the first / second part or during the auction, violations were identified on the part of the customer or the operator of the electronic platform, the participant has 5 days from the date of the final protocol(i.e. from the moment the winner is determined) to send a complaint to the FAS.
You can learn about all the timing of the electronic auction and its features in our training course “Government Order”. RusTender employees have specially collected all the necessary information, supported by their own experience of 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 federal operators. All time characteristics given in the text are current at the time of writing. To always keep abreast of the latest changes, follow the norms of the legislation of the Russian Federation.
These are the main stages and terms of the auction under 44-FZ, held in electronic form on the ETP of the federal operator. All time characteristics given in the text are current at the time of writing. To always be aware of the latest changes
LLC MKK "RusTender"
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We will provide step-by-step instructions for conducting an electronic auction under 44-FZ for the customer, examples of the necessary documentation, including a sample electronic auction information card, and 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.
Step one. Planning and preparation of documentation
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.
Step two. Placing a notice of procurement
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 a Public Sector Organization of the Department for Development of the Contract System of the 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 help avoid unnecessary mistakes.
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