After the end of the auction, make a submission. Learning to participate in electronic auctions: stages, deadlines, requirements

• The auction step is from 0.5% to 5% of the initial price.

• You cannot submit a bid with a price equal to or higher than the price bids previously submitted by other auction participants.

• You cannot submit a zero price offer.

• You cannot submit a price offer that is lower than the current minimum price offer submitted within the “auction step”.

• You cannot lower your own price offer.

• During the bidding process, the ETP must indicate the time remaining before the deadline for submitting price proposals.

• If no new downgrade offers are received within 10 minutes, the “main time” of the auction (determining the winner) ends.

• After determining the winner within 10 minutes, you can submit proposals to reduce the 2nd, 3rd, etc. place.

• Posted on the ETP half an hour after the end of the electronic auction.

• If the contract price during trading is reduced to 0.5% of the initial contract price, the bullish game begins.

The classic auction in the traditional form with a hammer has given way to an electronic auction. At the same time, the concept of “auction step” was preserved. The Federal Law on the Contract System No. 44-FZ clearly defines the above term: “The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.” (Part 6 of Article 68 44-FZ).

In accordance with Federal Law No. 44-FZ, the maximum time interval between participants' proposals is 10 minutes. If during this time no offers are received, then the auction is considered completed.

There are several tactics for submitting an offer. For example, you can spend the first 10-20 minutes watching competitors who have started trading. During the electronic auction, you can see how each participant behaves. Some participants prefer to take the minimum auction step (0.5% of the initial maximum contract price (IMCP)) and wait until the last seconds to take a step again. Others prefer more active actions - quickly submit their price proposals and (or) take the auction step with a significant price reduction (more than 0.5% of the NMCC).

After observing the development of trading, we can draw a conclusion about the number of key participants in the electronic auction, as well as their behavior and tactics. Of course, there are “gray schemes” of trading. For example, an auction involves two key participants and two dummies. Two dummy participants in the electronic auction reduce the price as much as possible, after which the auction ends. After submitting the last offer, each participant in the electronic auction has the right to submit his own price offer within 10 minutes, which cannot be higher than the last bid. Thus, one of the key participants, who was in cahoots with two fake players, submits his price proposal with a slight drop. When considering the second parts of the applications of the first two dummy participants in the electronic auction, the commission is obliged to reject their applications for non-compliance with the requirements of Federal Law No. 44-FZ. That leaves two key players. As a rule, a participant in an electronic auction who did not participate in the “gray scheme” does not submit a price proposal and leaves before the end of the electronic auction, because sees a big price drop. In most such cases, the key participant in the electronic auction, who was in collusion, is declared the winner.

Experienced e-auction participants always observe the start of the e-auction without interfering. And after 20-30 minutes of trading, they can determine that there are fake participants among the participants in a particular electronic auction. The auction step (its size) of each participant in an electronic auction can provide a good hint for winning tactics.

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)

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:

1. Determine the date.
2. Carry out the main and final stages.
3. 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.

Hello, dear colleague! In today's article we will talk about participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. Currently, electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum every year, but despite this popularity, problems among auction participants are not decreasing. Therefore, in my article I tried to provide the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article was updated on July 20, 2019).

1. The concept of an electronic auction

So, let's first look at the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Auction in electronic form (electronic auction) - an auction in which information about the purchase is communicated by the Customer to an unlimited number of persons by posting in the (Unified Information System) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on procurement participants, the holding of such an auction is ensured on an electronic platform by its operator.

There is a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — bidding conducted electronically on electronic platforms, the winner of which is the person who offered the lowest price for a state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.

2. Platforms for holding electronic auctions

As stated above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — This is an Internet site where electronic trading is conducted.

3. In what cases is an electronic auction held?

According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, and services are purchased, including:

• to the list established by the Government of the Russian Federation (Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as amended on June 3, 2019) “On the list of goods, works, services, in the case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction )") Note: This List is a table containing OKPD2 codes and names of goods, works, and services purchased using EA. In addition, a number of exceptions to this list are indicated;
• or to an additional list at the level of a subject of the Russian Federation (Part 2 of Article 59 44-FZ).

The inclusion of goods, works, and services in the above lists is carried out if the following conditions are simultaneously met:

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

Important: The customer has the right to purchase goods, works, and services not included in the above lists through an electronic auction (Part 3 of Article 59 of 44-FZ).

4. Accreditation of electronic auction participants

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the Unified Information System and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be in force on January 1, 2019. Now new procurement participants must register in the Unified Information System, after which they will be automatically accredited at 8 “state” sites. This is much more convenient and faster than separate accreditation at each site. But accreditation at the specialized site “AST GOZ” is carried out separately.

Participants who were accredited to “state” electronic trading platforms before 01/01/2019 will be able to participate in procurement in electronic form without registering in the UIS until 12/31/2019. Such participants can register in the UIS at any time during 2019 of the year.

ETP operators Notlater than working day , following the day of registration of the procurement participant in the Unified Information System, accreditation of such participant on the electronic platform.

This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 44-FZ).

Important addition! On July 1, 2019, the provisions of the Federal Law of May 1, 2019 No. 71-FZ “On Amendments to the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Works, and Services to Meet State and Municipal Needs” came into force. According to these changes, operators of electronic platforms must maintain new registers of procurement participants accredited on the electronic platform in a new procedure that came into force on January 1, 2019, that is, after registration of the procurement participant in the Unified Information System. Moreover, in order to participate in procurement with additional requirements in accordance with parts 2 and 2.1 of Article 31 of 44-FZ, participants must send such information to electronic signature operators for its further inclusion in the register. But only those participants who have registered in the Unified Information System can do this, i.e. received accreditation for electronic testing according to the new rules.

5. Algorithm for conducting an electronic auction under 44-FZ

In this part of the article, I will describe step by step all the actions of the Customer and the procurement participant during an open auction in electronic form under 44-FZ. Let's first look at the Customer's actions with you.

5.1 Actions of the Customer during an electronic auction

Stage No. 1 - Preparing for an electronic auction

At this stage, the Customer is organizing and planning the upcoming purchase, forms an auction (single) commission, determines its composition and operating procedure, develops and approves the regulations on the commission, and attracts a specialized organization (if necessary).

Stage No. 2 - Preparation of documents for an electronic auction

At this stage, the Customer is developing and approving documentation about the electronic auction (general provisions, information card, application form, instructions for filling out the application, justification for the NMCC, terms of reference, draft contract, etc.).

Stage #3 - Posting information about the electronic auction

At this stage, the Customer prepares and places in the Unified Information System (on the official website www.zakupki.gov.ru) a notice of the electronic auction and documentation.

Stage No. 4 - Identification of participants in an electronic auction

At this stage, the Customer reviews the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.

Stage #5 - Determining the winner of the electronic auction

At this stage, the Customer reviews the second parts of applications for participation in the EA received from the operator of the electronic platform and prepares a protocol for summing up the results. Over the course of a day, over 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.

Stage No. 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks the availability of the contract security or bank guarantee, and signs the contract with the winner.

So, we have dealt with the actions of the Customer, now let’s look at the actions of the procurement participant.

5.2 Actions of the participant during the electronic auction

Stage No. 1 - Receiving an electronic signature

To participate in electronic auctions, as well as register in the Unified Information System and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, you can order it on favorable terms.

Stage No. 2 - Registration in the Unified Information System and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, so he must undergo this procedure. How to do this was written above.

Note: The first two stages are, in fact, preparatory stages, without which participation in electronic auctions is impossible.

Stage No. 2.1 - Opening a special account for depositing collateral for applications

In order to apply for participation in an electronic auction, you will also need a special account into which money is credited to secure applications. Also, the site operator will deduct money from this account for winning the auction if you are recognized as the winner. What a special account is and why it is needed is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.

Stage #3 - Searching for information about an ongoing electronic auction

At this stage, the potential participant searches for information about the ongoing auction posted in the Unified Information System (on the official website www.zakupki.gov.ru) and downloads the entire set of auction documentation to his computer. The search for information can also be carried out by the participant directly on the electronic platforms themselves. On the topic of effective search for tenders, our online school “ABC of Tenders” has a separate training module, which covers both paid and free information search tools. You can find out more about our school.

Stage No. 4 - Analysis of auction documentation

At this stage, the procurement participant studies the documentation on the ongoing EA (technical specifications, instructions, draft contract, etc.) and makes a decision: to participate in the auction or not. If the participant makes a positive decision, then he moves on to the next stage.

Stage #5 - Depositing funds into a special bank account / providing a bank guarantee

The next mandatory step is depositing funds into a special bank account, or providing a bank guarantee ( Important: The opportunity to provide a bank guarantee as security for an application became available to procurement participants from July 1, 2019). This is necessary in order to ensure your participation in the electronic auction.

Note:

• if the NMCC EA is up to 20 million rubles, then the amount ranges from 0.5% to 1% of the NMCC;
• if the NMCC EA is more than 20 million rubles, then the amount of the application security is from 0.5% to 5% of the NMCC;
• if the purchase is carried out among institutions or enterprises of the penal system or organizations of disabled people and the NMCC is more than 20 million rubles, then the amount of the application security is from 0.5% to 2% of the NMCC.

Stage No. 6 - Preparing and sending an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all the necessary documents on the electronic platform, sign them with a qualified electronic signature and send them to the operator of the electronic platform.

Within one hour from the moment of receiving information from the bank, the operator of the electronic platform sends to the bank information about the procurement participant and the amount of funds necessary to secure the application, except in the case of the presence in the registers of bank guarantees provided for in Article 45 of 44-FZ, information about the bank guarantee issued to the procurement participant to secure such an application.

The bank, within one hour from the moment of receiving the specified information from the operator, is obliged to block funds in the special account of the procurement participant in the amount of the security for the corresponding application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.

If there are bank guarantees in the registers provided for in Art. 45 44-FZ, information about a bank guarantee issued to a procurement participant to secure an application for participation in an electronic auction, blocking funds in his special account in the amount of security for the corresponding application not implemented .

Stage No. 7 - Direct participation in the electronic auction

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

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

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

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

6. Timing of the electronic auction under 44-FZ

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

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

11. Requirements for participants in the electronic auction

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

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

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

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

12. Application for participation in the electronic auction

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

The requirements for the content of the first part of the application are established by the norms of parts 3, 3.1, 4 of Article 66 of 44-FZ.

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

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

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

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

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

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

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

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

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

According to Part 3.1 of Article 66 of 44-FZ first part of the application to participate in an electronic auction if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ design documentation must contain only consent procurement participant to perform work on the terms provided for in the electronic auction documentation ( Note: such consent is given using the software and hardware of the electronic platform).

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

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

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

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

4) a decision on approval or execution of a major transaction or a copy of this decision;

5) documents confirming the right of an EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (if the EA participant has declared receipt of these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penal system, as well as organizations of disabled people);

6) documents provided for by regulatory legal acts adopted in accordance with Article 14 44-FZ, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents provided for in this paragraph, or copies of such documents, this application is equated to an application that contains a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed or provided by foreign persons);

7) a declaration that the participant in such an auction belongs to small businesses (SMB) or socially oriented non-profit organizations (SONCO) if the customer establishes the restriction provided for in Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic platform. Also additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

• Require the EA participant to provide other documents and information, with the exception of those provided for in Part 3 or Part 3.1 and Part 5 of Art. 66 44-FZ documents and information are not allowed;
• An EA participant has the right to submit an application to participate in the auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for submitting applications are indicated in the local time of the purchasing organization, please remember this when submitting your application);
• An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic platform in the form of 2 electronic documents simultaneously;
• Within one hour from the moment of receiving an application for participation in the EA, the operator of the electronic site is obliged to assign it an identification number and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or returns the application to the participant for reasons specified in paragraphs 1-6 of Part 11 of Article 66 44-FZ);
• An EA participant who submitted an application to participate in the auction has the right to withdraw this application no later than the deadline for filing applications for participation in the auction by sending a notice to the operator of the electronic site;
• Electronic documents (copies thereof) confirming the compliance of the EA participant with the additional requirements established in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ, don't turn on participant of such an auction as part of the second part of the application. Such documents (their copies) are sent to the Customer by the electronic operator using the software and hardware of such a platform simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) posted in the register of procurement participants accredited on the electronic platform.

Cases of an application being returned to a participant by the operator of an electronic platform:

1) the application was submitted in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed electronically);

2) one participant in the auction has submitted two or more applications for participation in it, provided that the previously submitted applications by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant’s application was received after the date or time of the deadline for submitting applications for participation in the auction;

4) an application from an auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The registration period for a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer ;

6) the absence in the register of procurement participants accredited on the electronic platform of electronic documents (or copies thereof) of the procurement participant provided for in the list established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation dated 04.02.2015 No. 99) in accordance with Part 3 of Art. . 31 44-FZ, or non-compliance of such documents (or their copies) with the requirements established in the notice of the EA in accordance with clause 6, part 5 of Art. 63 44-FZ (when making a purchase, in relation to the participants of which the Customer has established additional requirements in accordance with Part 2 and Part 2.1 of Article 31 44-FZ).

13. Electronic auction procedure under 44-FZ

In this part of the article, we will look at the procedure for participating in an electronic auction directly on the electronic platform itself.

So, participants registered in the Unified Information System, accredited on the site and admitted to participate in such an auction can participate in the EA (after consideration of the first parts of applications). I think this is clear.

The auction itself is held on an electronic platform on the day specified in the notice of its holding ( Note: The day of the EA is the working day following the deadline for consideration of the first parts of applications to participate in such an auction. At the same time, the EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ design documentation carried out 4 hours after the deadline for submitting applications to participate in the specified EA.).

Important: The start time of the auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the Customer is located.

The auction is held by the auction participants reducing the NMCC specified in the notice. The amount of reduction in NMCC (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC. When conducting an EA, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.

Requirements for price offers of auction participants:

1) an auction participant does not have the right to submit a proposal for the contract price:

• equal to the proposal previously submitted by him;
• greater than the previously submitted proposal;
• equal to zero;

2) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;

3) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal if it is submitted by such an electronic auction participant ( Note: this means that you cannot reduce your price if it is currently the best).

If a participant in the EA offers a contract price equal to the price proposed by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.

Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not be too alarmed, because it simply will not be accepted by the operator. Accordingly, you can adjust your proposal and submit it again.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.

When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set at 10 minutes after the last offer on the contract price is received . If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.

Within 10 minutes from the moment of completion of the EA, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account requirements 1 and 3, which are specified above in the section “Requirements for price proposals of auction participants "

Within 30 minutes after completion of the EA, the operator places the protocol of the electronic auction on the electronic platform.

The EA protocol shall indicate:

• address of the electronic platform;
• date, time of beginning and end of such auction;
• NMCC;
• all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such an auction, which were submitted by its participants who made the corresponding proposals for the contract price, and indicating the time of receipt of these proposals.

Within 1 hour after posting the protocol of the EA on the electronic platform, the operator of the electronic platform sends to the Customer the specified protocol and the second parts of the participants’ applications, and also sends appropriate notifications to the participants whose second parts of the applications were transferred to the Customer for consideration.

When conducting an EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ of the project documentation, the operator of the electronic platform also sends to the Customer the provisions provided for in Part 3.1 of Art. 66 44-FZ, the first parts of applications from such participants.

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

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

14. How long does the electronic auction last?

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

The minimum period for conducting an EA is 10 minutes. This is the case when the participants have not submitted a single price proposal.

According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is established, amounting to 10 minutes from the start of such an auction before the deadline for submitting proposals for the contract price, and 10 minutes after the last offer is received about the contract price.

The maximum duration of EA can be up to several days. This can happen when the participants reach a contract price of 0.5% of the NMCC or lower. And then an auction is held for the right to conclude a contract by increasing the contract price (Part 23, Article 68 of 44-FZ). However, in practice such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

15. How to find out participants in an electronic auction?

I am often asked whether it is possible to find out information about participants in an electronic auction before the auction. I will answer that it is possible only by bribing the operator of the electronic platform, but this is illegal. Then the next question arises. Are there legal ways to find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow us to predict which suppliers will take part in a particular auction. I wrote a separate detailed article on this topic, which you can read.

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

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

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

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

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

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

Within 5 days from the date the Customer places the draft contract in the Unified Information System, the winner places in the Unified Information System the draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

If there are disagreements regarding the draft contract posted by the Customer in the Unified Information System, the winner places in the Unified Information System a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, the documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date the winner places the protocol of disagreements in the UIS, the Customer reviews the protocol of disagreements and, without his signature, places a revised draft contract in the UIS and on the electronic platform, or re-posts the draft contract in the UIS, indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, posting in the Unified Information System and on the electronic platform by the Customer a draft contract indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the winner’s comments contained in the protocol of disagreements is allowed provided that such winner has posted the protocol of disagreements on the electronic platform within 5 days from the date the Customer posted the draft contract in the EIS).

Within 3 working days from the date the Customer places documents in the UIS and on the electronic platform (the finalized draft contract, or the initial draft contract + document on the reasons for refusal), the winner of the electronic auction places in the UIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.

Within 3 working days from the date of posting in the Unified Information System the draft contract and contract enforcement, signed with an enhanced electronic signature of the winner, the Customer is obliged to place the contract signed with an enhanced electronic signature in the Unified Information System and on the electronic platform.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For ease of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.

Cases where the winner of an electronic auction is recognized as having evaded concluding a contract:

1. if the winner in the established art. 83.2 44-FZ deadlines did not send the signed draft contract to the Customer;
2. if the winner did not send a protocol of disagreements to the Customer within 5 days from the date the Customer posted the draft contract in the Unified Information System;
3. if the winner has not fulfilled the anti-dumping requirements provided for in Art. 37 44-FZ (in case of a contract price reduction by 25% or more from the NMCC).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:

• ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMTsK > 15 million rubles); ensuring the execution of the contract in accordance with Part 1 of Art. 37 44FZ or the information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of contract performance security in the amount of contract performance security specified in the procurement documentation (if NMCC< 15 млн. руб.);
• justification of the contract price in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, emergency supplies, including specialized emergency medical care provided in an emergency or emergency form, medicines, fuel).

You can learn more about anti-dumping measures in 44-FZ.

At the end of the article, I suggest you watch another very useful video, which tells you why you should not apply for participation in the EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like and share information with friends and colleagues. If after studying the material you still have questions, then ask them below in the comments.

See you in new articles!