Placement of the final protocol on the electronic trading platform. What protocols are drawn up at an electronic auction. Application for participation in the electronic auction

On this issue, we adhere to the following position:
The customer has the right to draw up and place the minutes of summing up the results of the electronic auction on the electronic platform and in a single information system on the day of the auction.

Justification of the position:
The procedure for holding an electronic auction and drawing up the final protocol is regulated by Federal Law No. 44-FZ of 05.04.2013 "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "(hereinafter - Law N 44-FZ).
Within the meaning of the provisions of Law No. 44-FZ, the auction is held continuously within one working day. The results of the auction are documented in a protocol (hereinafter - the protocol of the auction), which is posted on the electronic platform by its operator within 30 minutes after the end of the auction. Within 1 hour after the posting of the specified protocol, the operator of the electronic site is obliged to send the customer this protocol and the second parts of applications for participation in such an auction, as well as information and electronic documents of these participants, provided for in Part 11 of Art. 24.1 of Law N 44-FZ.
According to Law No. 44-FZ, the total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed 3 working days from the date of posting on the electronic site of the protocol of the electronic auction.
The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission who participated in the consideration of these applications, and no later than the working day following the date of signing the specified protocol, are posted by the customer on the electronic platform and in a single information system (Law N 44-FZ).
As you can see, the law sets only the maximum time limits for the performance of the prescribed actions, but not the minimum.
Accordingly, the final protocol can be posted on the electronic platform and in the unified information system both on the next working day after the day of signing, and directly on the day of signing (see:
- Question: What is the date of posting the minutes of consideration of the second parts of applications for participation in the electronic auction? (reply from the Main Control Department of the Chelyabinsk Region, December 2017)
- the decision of the Office of the Federal Antimonopoly Service for the Irkutsk Region of 13.12.2018 N 1405/18).

Prepared answer:
Service Expert Legal consulting GUARANTEE
Verkhova Nadezhda

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Serkov Arkady

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

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, the share of electronic auctions accounts 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, however, despite such popularity, the problems among auction participants do not diminish. Therefore, in my article I tried to give the most detailed information on participation in electronic auctions under 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 procurement is communicated by the Customer to an unlimited number of persons by placing in the (EIS) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on the procurement participants, the holding of such an auction is provided on the electronic site by its operator.

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

Electronic auction — trades held in in electronic format on electronic platforms, the winner of which is the person who offered the lowest price of the 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 mentioned above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — is a website on the Internet that hosts electronic bidding.

3. When is an electronic auction held?

According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction in the event that purchases of goods, works, services are carried out, 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 event of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction ) ”) Note: this List is a table that contains codes according to OKPD2 and the names of goods, works, services purchased with the help of EA. In addition, a number of exceptions from this list are indicated;
or in an additional list at the level of a constituent entity of the Russian Federation (part 2 of article 59 44-FZ).

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

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

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

4. Accreditation of e-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 EIS and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be effective from 01.01.2019. Now new procurement participants must register in the EIS, after which they will be automatically accredited at 8 "state" sites. It is much more convenient and faster than a separate accreditation at each site taken. But accreditation at the specialized site "AST GOZ" is carried out separately.

Participants who, before 01.01.2019, were accredited on the "state" ETP, will be able to participate in procurement in electronic form without registration in the EIS until 31.12.2019. Such participants can register in the EIS at any time during 2019 of the year.

ETP operators notlater than working day next after the day of registration of the procurement participant in the EIS, accreditation of such a participant on the electronic platform is carried out.

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

An 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, Services to Ensure State and Municipal Needs "came into force. According to these changes, operators of electronic sites must maintain new registers of procurement participants accredited on the electronic site in the new order, which entered into force on January 1, 2019, that is, after the registration of the procurement participant in the EIS. At the same time, in order to participate in purchases with additional requirements in accordance with parts 2 and 2.1 of Article 31 44-FZ, participants must send such information to the ES operators for its further inclusion in the register. But this can only be done by those participants who have passed registration in the EIS, i.e. received accreditation for electronic signature under the new rules.

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

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

5.1 Actions of the Customer when conducting an electronic auction

Stage 1 - Preparation for an electronic auction

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

Stage 2 - Preparation of documents for an electronic auction

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

Stage 3 - Posting information about an electronic auction

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

Stage 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 consideration of applications.

Stage 5 - Determination of the winner of the electronic auction

At this stage, the Customer considers, received from the operator of the electronic platform, the second parts of the applications for participation in the EA and prepares a protocol for summing up the results. Over 10,000 protocols may appear in all regions of the Russian Federation within 24 hours. They are usually aggregated by services such as CRMBG.SU.

Stage 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer complements the draft contract with the performance conditions proposed by the winner of the EA, and sends it to the winner, checks the availability of the entered security for the performance of the contract or a bank guarantee, signs a contract with the winner.

So, we figured out the actions of the Customer, now let's look at the actions of the procurement participant.

5.2 Participant's actions during an electronic auction

Stage 1 - Obtaining an electronic signature

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

Stage 2 - Registration in the EIS 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, therefore, he must go through this procedure without fail. How to do this was described above.

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

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

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

Stage 3 - Search for information about an ongoing electronic auction

At this stage, a potential participant searches for information about the auction held in the EIS (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 sites themselves. On the topic of effective search for tenders in our online school "ABC of Tenders" there is a separate training module, where both paid and free information search tools are considered. You can learn more about our school.

Stage 4 - Analysis of auction documentation

At this stage, the procurement participant examines the documentation on the ongoing EA (terms of reference, instructions, draft contract, etc.) and decides whether to participate in the auction or not. If the participant makes a positive decision, then he goes to the next stage.

Stage 5 - Introduction Money to a special bank account / provision of 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 a security for the application appeared for the procurement participants from 01.07.2019). This is necessary in order to ensure your participation in the electronic auction.

Note:

if NMCK EA is up to 20 million rubles, then the size is from 0.5% to 1% of NMCK;
if NMCK EA is more than 20 million rubles, then the amount of security for the application is from 0.5% to 5% of NMCK;
if the purchase is carried out among institutions or enterprises of the penitentiary system or organizations of persons with disabilities and the NMCC is more than 20 million rubles, then the amount of security for the application is from 0.5% to 2% of the NMCC.

Stage 6 - Preparation and submission of the application

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

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 required to secure the application, except for the case of the presence in the registers of bank guarantees provided for by Article 45 44-FZ, information about the banking a guarantee issued to a 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 the funds on the special account of the procurement participant in the amount of the security of 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 under Art. 45 44-FZ, information on 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 a security for the corresponding application not carried out .

Stage 7 - Direct participation in an electronic auction

If, after consideration by the Customer of the first parts of the applications, the participant's application is recognized as meeting the requirements of the Customer, such a participant is allowed before participating in the electronic auction. At this stage, the participant enters the electronic platform on the set day and time and takes part in the EA procedure (submits price offers). We will talk in more detail about how this procedure goes below in this article.

Stage 8 - Conclusion of a contract with the Customer following the results of the electronic auction

In the event that an EA participant is recognized as the winner, he prepares a contract security (or payment order), checks the draft contract prepared by the Customer, and sends 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 an enforcement contract. The process of concluding a contract with the Customer is described in more detail.

Here we are with you and reviewed the algorithm for conducting an electronic auction for 44-FZ. Each of the stages we have considered has a strictly regulated time frame, which we will talk about below.

6. Terms of the electronic auction under 44-FZ

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

7. Calculator for electronic auction under 44-FZ

11. Requirements for participants in an electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, any legal entity can be a participant in EA, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of legal entity registered in an offshore zone) or any individual, including 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 any) of Article 31 44-FZ ( Note: these are the requirements for the participant required 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 to all procurement participants are established in Art. 31 44-FZ.

You can learn more about the requirements for procurement participants.

12. Application for participation in the electronic auction

According to Part 2 of Art. 66 44-FZ, the application for participation in the 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 44-FZ.

So, according to part 3 of article 66 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 under the conditions stipulated by 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 on the electronic platform);

2) when carrying out the purchase of goods or the purchase of work, services, for the performance of which the goods are used:

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

Important: If the Customer in the notice and documentation does not establish prohibitions and restrictions on the admission of goods in accordance with Article 14 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 specified in the electronic auction documentation, and indication of the trademark (if any) ... The information provided for by this subparagraph shall be included in the application for participation in the electronic auction if there is no indication of the trademark in the documentation on the electronic auction or if the procurement participant offers a product that is designated by a trademark other than the trademark specified in the documentation on electronic auction.

Important: If the Customer specifies a trademark in the electronic auction documentation, and you are ready to deliver this particular product to the Customer, then in the first part of the application it will be enough to simply indicate the consent to the delivery of this product... It is not necessary to indicate specific indicators of the product. If the trademark is not indicated or you plan to supply goods with a different trademark, then the indication of 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 in the preparation of the first part of the application by the participants, I have prepared a detailed practical guide called “Breakthrough Application. Get admission to any auction. ” Learn more about this manual can .

According to part 3.1 of article 66 44-FZ first part of the application to participate in an electronic auction if included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ project documentation must contain only consent of the procurement participant for the performance of work on the conditions provided for by the documentation on the electronic auction ( Note: such consent is given using the software and hardware of the electronic platform).

Second part of the application for participation in EA must contain the following documents and information:

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

2) documents confirming the compliance of the auction participant 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 that you attach this declaration as a separate file as part of the second part of the application);

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

4) a decision to approve or conclude a major transaction, or a copy this decision;

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

6) the documents provided for by the 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 EA does not contain the documents provided for in this paragraph, or copies of such documents, this application is equated to an application containing a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed, provided by foreign persons);

7) a declaration on the affiliation of the participant of such an auction to small businesses (SMEs) or socially oriented non-profit organizations(SONKO) in the event that the customer establishes the restrictions provided for by 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 is not allowed;

An EA participant has the right to submit an application for participation in the auction at any time from the moment of placing a notice of its holding until the date and time of the expiry of the deadline for submitting applications for participation in the auction ( Note: the date and time of the end of the submission of applications are indicated by the local time of the organization carrying out the procurement, remember this when submitting your application);

An application for participation in an electronic auction is submitted by an auction participant to an operator of an electronic site in the form of 2 electronic documents simultaneously;

Within one hour from the date of receipt of the application for participation in the EA, the operator of the electronic site must 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 with an indication of the identification number assigned to it (or returns the application to the participant for reasons , specified in clauses 1-6 part 11 of article 66 44-FZ);

An EA participant who has submitted an application for participation in the auction has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction, by sending a notification to the operator of the electronic platform;

Electronic documents (their copies) 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, not included a participant in such an auction in the second part of the application. Such documents (their copies) are sent to the Customer by the ES operator using the software and hardware of such a site simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) placed in the register of procurement participants accredited on the electronic site.

Cases of return of the application to the participant by the operator of the electronic site:

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 with an electronic signature);

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

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

4) the application from the 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, executors) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as 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 their copies) of the procurement participant provided for by the list established by the Government Russian Federation(Decree of the Government of the Russian Federation of 04.02.2015 No. 99) in accordance with Part 3 of Art. 31 44-FZ, or inconsistency of such documents (or their copies) with the requirements established in the notice of conducting EA in accordance with clause 6 of part 5 of Art. 63 44-FZ (when making a purchase, in respect of the participants of which the Customer established additional requirements in accordance with Part 2 and Part 2.1 of Article 31 44-FZ).

13. The procedure for electronic auction under 44-FZ

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

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

The auction itself is held on the electronic platform on the day specified in the notice of its holding ( Note: EA day is business day following the expiration date of the consideration of the first parts of applications to participate in such an auction. At the same time, EA, if included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ design documentation is carried out 4 hours after the end of the application deadline 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 zone in which the Customer is located.

The auction is carried out by reducing the NMCK by the auction participants, specified in the notice. The value of the decrease in the NMCK (hereinafter referred to as the "auction step") is from 0.5% to 5% NMCK. When conducting an EA, its participants submit proposals for the price of the contract, providing for the reduction of the current minimum proposal for the price of the contract by an amount within the "auction step".

Requirements for price offers of auction participants:

1) the auction participant is not entitled to submit a proposal for the contract price:

equal to the offer previously submitted by him;
larger than the previously submitted offer;
equal to zero;

2) an auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the "auction step";

3) an auction participant is not entitled 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 the best at the moment).

If an EA participant has offered a contract price equal to the price offered by another participant in such an auction, the contract price proposal that was received earlier is recognized as the best.

Note: If during the EA you accidentally submit an offer that does not meet the above established requirements, then do not be scared too much, because it simply won't be accepted by the operator. Accordingly, you will be able to correct your proposal and resubmit it.

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

When conducting an electronic auction, the time for accepting bids from participants in such an auction on the contract price is set, which is 10 minutes after receipt of the last offer for the contract price ... If no offers for a lower contract price have been received within the specified time, such an auction will automatically, using software and technical means, providing its implementation, is completed.

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

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

The EA protocol contains:

e-site address;
date, time of the beginning and end of such an auction;
NMCK;
all minimum bids for the price of the contract made by the participants of such an auction and ranked in descending order, indicating the identification numbers assigned to the bids for participation in such an auction, which were submitted by its participants who made the corresponding bids for the price of the contract, and indicating the time of receipt of these bids.

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

When conducting an EA, if it is included in the procurement documentation in accordance with clause 8, h. 1, Art. 33 44-FZ of design documentation, the operator of the electronic site also sends the Customer provided for in part 3.1 of Art. 66 44-FZ the first parts of the applications of such participants.

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

For a better assimilation of information, I suggest you watch a short video on participation in EA on the electronic platform "Sberbank-AST":

14. How long does an electronic auction last?

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

The minimum duration of the EA is 10 minutes. This is in the case when the participants did not submit any price proposals.

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

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

15. How to find out the participants of the electronic auction?

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

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

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

If at the end of the deadline for filing applications for participation in the EA, only one application is submitted or no applications are submitted, such an auction is declared invalid (part 16 of article 66).
In the event that, 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 of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction is declared invalid (part 8 of article 67).
If, within 10 minutes after the start of the EA, none of its participants has submitted a proposal for the price of the contract, such an auction is declared invalid (part 20 of article 68).
If the auction commission decides that all second parts of applications for participation in it do not meet the requirements established by the EA documentation, or that only one second part of the application for participation in it meets the specified requirements, such an auction is declared invalid (Part 13 of Art. 69).
In the event that the second participant (when the EA winner avoids concluding a contract with the Customer) did not provide the Customer with set time signed the draft contract and the enforcement of the contract, the electronic auction is declared 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 not earlier than in 10 days from the date of placement in the EIS of the protocol for summing up the results of the electronic auction.

Within 5 days from the date of placement in the EIS of the summarizing protocol, the Customer places the draft contract in the EIS and on the electronic platform without his signature.

Within 5 days from the date of placement by the Customer in the EIS of the draft contract, the winner places in the EIS 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.

In the event of disagreements on the draft contract placed by the Customer in the EIS, the winner shall place in the EIS a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates remarks to the provisions of the draft contract that do not correspond to the notice of such an auction, 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 of placement by the winner in the EIS of the protocol of disagreements, the Customer considers the protocol of disagreements and without his signature places the finalized draft contract in the EIS and on the electronic platform, or re-places the draft contract in the EIS, indicating in a separate document the reasons for refusal to take into account all or part of the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, the placement in the EIS and on the electronic site by the Customer of the draft contract with an indication in a separate document of the reasons for refusal to take into account, in whole or in part, the winner's remarks contained in the protocol of disagreements is allowed, provided that such a winner has posted the protocol of disagreements on the electronic site within 5 days from the date of placement by the Customer in the EIS of the draft contract).

Within 3 working days from the date of placement by the Customer in the EIS and on the electronic platform of documents (a revised draft contract, or an initial draft of a contract + a document on the reasons for refusal), the winner of an electronic auction places in the EIS 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 placement in the EIS of the draft contract and ensuring the execution of the contract, signed with an enhanced electronic signature of the winner, the Customer is obliged to place a contract signed with an enhanced electronic signature in the EIS and on the electronic platform.

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

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

Cases of recognition of the winner of an electronic auction as evading the conclusion of a contract:

if the winner in the established art. 83.2 44-FZ deadlines did not send the signed draft contract to the Customer;
if the winner has not sent a protocol of disagreements to the Customer within 5 days from the date the Customer placed the draft contract in the EIS;
if the winner has not complied with the anti-dumping requirements provided for in Art. 37 44-FZ (in case the contract price is reduced by 25% or more from the NMCK).

Anti-dumping requirements

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

ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMCK> 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 a security for the performance of the contract in the amount of the security for the performance of the contract specified in the procurement documentation (if the NMC< 15 млн. руб.);
justification of the price of the contract 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, funds for an ambulance, including a specialized ambulance, medical care provided in an emergency or urgent form, medicines, fuel).

Learn more about anti-dumping measures in 44-FZ you can.

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

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

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There are only 3 protocols, which are drawn up by both the Customer and the ETP operator. In this article, we will look at the order of their publication and content.

1. How to create a protocol of consideration of bids in the auction

Since the information about the contact details of the bidder is confidential, the auction commission should consider only 1 part of the bidder's proposal, which contains consent to the delivery of the goods, as well as certain data on the quality, functions and characteristics of the auction object. That is, the Customer, not knowing the information about the competitor, can determine the compliance of the positions with the stated requirements, which are prescribed in the terms of reference and are regulated in 3 part 66 of article 44 of the Federal Law.

The documentation determines whether the bidder will receive admission to participate in the auction held in electronic format or not, which is regulated by Part 6 of Article 67. The documentation should contain:

Order number of the application;
decision indicating whether the participant is admitted or not with the decision of each of the members of the commission.

It must be drawn up on the ETP by writing data into the form fields. ETP functions allow you to use templates and save data in text documents.
The paper document must be signed by each of the members of the commission who was present at the meeting, moreover, no later than the date of the end of the period for considering the first part of the applications. Then scan a copy of the documentation and attach it to the electronic form on the ETP, then send it to the site operator, and he will publish it later.

No more than 7 days are given for consideration of the first part of applications from the date of termination of acceptance of applications for participation, and is prescribed in the documents for the auction and notification even when published in the EIS.

In the event that no applications were received or only one was submitted (admitted), as well as if all the others were rejected, the protocol is published, indicating that it did not take place. It is worth noting here that if one application nevertheless turned out to be appropriate, then the operator sends both of its parts, which are considered by the Customer's commission within three days and after the application has been considered, if it matches, the transaction is concluded with sole supplier.

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2. How the protocol of the electronic auction is formed

Based on the first protocol, admission to the electronic auction takes place in its part - direct participation in the auction. This procedure is also carried out with respect to the confidentiality of information about the contestants. Before the end of 30 minutes after the auction has been completed, the ETP operator shall post the following list of information:

ETP address.
date and time of the beginning and end of the auction.
NMCK.
price proposals of the contestants.

In the event that the bidding has begun, and within 10 minutes of its holding none of the bidders has submitted bids with a price, then such bidding will be declared invalid. This information must be indicated in the documents for the auction without fail.

3. How to draw up a protocol of summing up the results of an electronic auction

After the auction has been held, the operator of the ETP sends a letter with the second parts of the received proposals and information on the accreditation of applicants to the Customer. The deadline for publishing the minutes with the results in the electronic auction is 3 calendar days- what is regulated in part 5, article 69 and parts two and three in article 71.

Based on part 8 in Article 69, the protocol with the results of the electronic auction within the framework of Federal Law 44 must contain the following data:
Serial number 5 of the Executors who turned out to be in compliance with the requirements of the documents and the legal framework.
The decision of each of the members of the commission on whether or not this applicant meets all the stated requirements.
This protocol must be published on the same day as signed or on the next day, publication takes place on the ETP and is similar to the procedure for consideration of 1 parts.

In the event that none of the applications is inappropriate or only one is recognized as appropriate, the electronic procedure is declared invalid.

4. Video instruction Formation of the review protocol

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According to Part 5 of Art. 69 of Law No. 44-FZ, the total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed 3 working days from the date of posting on the electronic site of the protocol of the electronic auction. Thus, the minutes of summing up the results of the electronic auction must be drawn up and signed within 3 business days from the date of posting on the electronic site the protocol of the electronic auction and no later than the next business day after signing must be posted on the official website. Violation of the terms for signing the protocols drawn up during the purchase by less than 2 business days shall entail the imposition of an administrative fine on officials in in the amount of 3000 rubles; more than 2 working days - 30,000 rubles (hours 13, 14, article 7.30 of the Administrative Code of the Russian Federation). This is confirmed by law enforcement practice, see, for example, p.

Terms of the electronic auction for 44-fz

Consideration of 2 parts of the application should take place within a period of no more than 3 working days, from the moment of posting the protocol on the procurement at the site. 10. After this stage, the customer must place the draft contract, for which he is given five days. 11. In another five days, the signing of the contract or the publication of the protocol of disagreements by the participant should take place.
12. If a disagreement was sent, then three days are given to the customer to study the protocol and publish the amended version of the contract. If the contract is to be placed without changes, then the customer must justify the refusal of the proposed changes by the participant. 13. Within the next 3 days, after the publication of the revised (or the same) version of the contract, the signing and enforcement of the contract by the participant of the electronic auction must take place.
14.

Terms of conducting an electronic auction according to law No. 44-fz

Attention

The contract is concluded on the terms specified in the notice of an electronic auction and the documentation for such an auction, at the price proposed by its winner. 11. The funds contributed as security for an application for participation in an electronic auction shall be returned to the winner of such an auction within the time limits established by Part 6 of Article 44 of this Federal Law. 12. In the case provided for in Part 23 of Article 68 of this Federal Law, the contract is concluded only after depositing the funds in the amount of the price offered by such a participant for the right to conclude a contract, as well as to provide security for the execution of the contract.

13.

44-fz support / auction timing calculator

Review of the practice of unscheduled inspections of actions (inaction) of the customer, authorized body(institution), specialized organization, procurement commission, official contract service, a contract manager, an operator of an electronic site when conducting purchases in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" order of the FAS Russia (April 2015). The answer was prepared by: Expert of the Legal Consulting Service GARANT Chashina Tatiana Response quality control: Reviewer of the Legal Consulting Service GARANTSerkov Arkady August 5, 2015

Article 70. Conclusion of a contract based on the results of an electronic auction

The publication contains the timing of the electronic auction in accordance with Federal law"On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated 05.04.2013 No. 44-FZ. The information is provided as of 11/14/2016 Notice of an electronic auction (Customer), clause 2, Art. 63 No. 44-FZ clause 3 of Art. 63 No. 44-FZ Contract price no more than 3 million - 7 days before the deadline for filing applications Contract price more than 3 million -15 days before the end of filing applications Amendments to the auction documentation (Customer) clause 6 of Art. 63 No. 44-FZ Not later than 2 days before the deadline for submission of applications for participation in the auction Sending a request for clarification of the provisions of the auction documentation (Participant) clause 4 of Art. 65 No. 44-FZ 3 days before the deadline for filing applications Placement of clarifications of the provisions of the auction documentation (Customer) clause 4 of Art.

Info

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 case of NMCK 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 decided to refuse to carry out purchases in electronic form, then he can do this no later than 5 days before the end of the acceptance of applications. 4. The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications.

Important

The answer must be provided to him within 2 days from the date of receipt of this request. 5. The participant of the electronic auction can change or withdraw his application at any time before the end of the admission period. If he does not have time to do this within the specified period, he will have to take part in the auction.

6. The next step is to review the first parts of the applications submitted by the participants.
In the event that the winner of the electronic auction is recognized as evaded the conclusion of the contract, the customer has the right to apply to the court with a claim for compensation for losses caused by the evasion of the conclusion of the contract in the part not covered by the amount of security for the application for participation in the electronic auction, and conclude a contract with a participant in such an auction , which has offered the same as the winner of such an auction, the price of the contract or the proposal for the price of the contract which contains Better conditions at the contract price following the conditions proposed by the winner of such an auction. If this participant agrees to conclude a contract, this participant is recognized as the winner of such an auction and the draft contract attached to the auction documentation is drawn up by the customer by including in the draft contract the conditions for its execution proposed by this participant.

The term for placing the results of the auction is 44 ap

Within three working days from the date of posting in the unified information system of the draft contract signed with an enhanced electronic signature of the person entitled to act on behalf of the winner of the electronic auction, and the provision by such a winner of the security for the execution of the contract, the customer is obliged to place the contract signed with the enhanced electronic signature of the person entitled act on behalf of the customer, in a unified information system. 8. From the moment of placement in the unified information system provided for in part 7 of this article and the contract signed by the customer, it is considered concluded. 9. The contract may be concluded no earlier than ten days from the date of placement in the unified information system of the protocol for summing up the results of the electronic auction.

Terms of posting the minutes of summing up the auction results for 44 FZ

How long should the protocol for summing up the results of an electronic auction held in accordance with Federal Law dated 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" be signed, which should be posted? in a unified information system no later than the next working day after the date of signing? Having considered the issue, we came to the following conclusion: The minutes of summing up the results of the electronic auction must be signed by the members of the auction commission within 3 working days from the date of posting the minutes of the electronic auction on the electronic platform and posted in the public domain within the next business day.

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

The term of the electronic auction under 44-FZ means the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and in what terms, according to the law, they must take place. 1. The very first step in organizing an electronic auction is to post a notice of its holding and tender documents.

Here, the auction period for 44-FZ varies depending on the amount of the NMCK: if it exceeds 3 million rubles, then the notice must be placed 15 days (or more) before the deadline for accepting applications. If the amount is less than 3 million rubles. - then in 7 days (or more). 2. There are times when it is necessary to amend the notice itself or the documentation.

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

Protocols in an electronic auction are documents in which first the applications that have passed to the bidding stage are recorded, and then the winner of the electronic auction is the participant with whom the state contract will be signed. The law on the contract system provides for three main protocols, which are drawn up not only by the customer, but also by the operator of the trading platform.

How to make an application review protocol

Since the information about the contact details of the participants is confidential, the auction commission considers only the first part of the participant's proposal, which contains consent to the supply or performance of works, services, as well as specific information about the quality, functional characteristics of the procurement object. That is, the customer, not having data on the names of the participants, determines whether their proposals meet the requirements that are established terms of reference and part 3 of Art. 66 44-FZ.

The document determines the admission of participants and, in accordance with Part 6 of Art. 67, should contain:

order numbers of applications;
decision on admission or refusal of admission to participation with justification and indication of the decision of each member of the commission;
information on the presence among the bids of an offer to supply goods that are produced abroad or in a group of foreign countries. These data must be entered into the protocol if the conditions, prohibitions, restrictions on the admission of goods, works, services are established by the customer within the framework of the national regime under Art. 14 44-FZ.

It is compiled in trading platform... Need to fill special form... The functionality of the sites allows you to use templates and save data in Text Document... The paper version is signed by all members of the commission who are present at the meeting, no later than the end date for the consideration of the first parts. It is recommended to attach a scanned copy of the document to the electronic form at the site, and then send it to the operator, who will publish it in the Unified Information System (EIS).

The term for consideration of the first parts is no more than seven days from the deadline for filing applications and is determined in the auction documentation and notification even when published in the EIS.

From 07/01/2018, the period for consideration of the first parts in purchases with an initial (maximum) contract price of up to 3 million rubles. is 1 business day.

If there are no bids, or only one has been submitted or admitted, or all have been rejected, a protocol of declaring the auction void is published. If only one application is submitted, the operator sends the customer two parts at once, which the auction commission must consider within three working days. In the document for considering a single proposal, it is necessary to reflect information on its compliance or non-compliance with the requirements of documentation and the law, indicating the decision of each member of the commission (part 1 of article 71).

How the protocol of the electronic auction is formed

Suppliers whose bids are approved by the customer can bid. The procedure is carried out in compliance with the confidentiality of information about its participants. Within thirty minutes after the end of the auction, the operator places on the site a document that contains information (Article 68):

trading platform address;
date, time of the beginning and end of trading;
the initial (maximum) contract price;
all minimum proposals for the price of the contract, indicating the serial numbers of the participants.

If, within ten minutes after the start of the procedure, no one has submitted price offer, the auction is declared invalid. This is required to be stated in the bidding document. At the same time, one should not confuse the timing of the publication of the minutes of the auction in electronic form and the timing of the minutes of summing up the results of the electronic auction 44-ФЗ. We will talk about them further.

How to draw up a protocol of summing up the results of the auction

After the auction, the operator sends the customer the second parts of the proposals and the accreditation data of the participants. 3 working days are given for registration of the document (part 5 of article 69, part 2, 3 of article 71).

The minutes of summing up the results of the auction 44-FZ must contain (part 8 of article 69):

serial numbers of five suppliers that meet the requirements of the documentation and the law;
decision on compliance or non-compliance of applications with justification and indication of the decision of each member of the commission.

Summing up the results of the electronic auction under 44-FZ is carried out on the day the minutes are posted. It is published in a manner similar to the procedure for reviewing the first parts. The deadline for publishing the minutes of summing up the results of the electronic auction is the next working day after signing by the members of the commission.

If none of the applications meets the requirements or only one is found to be compliant, the electronic procedure is declared invalid.