Offer over step in an open auction. Participation in an electronic auction: step-by-step instructions. Open and closed auction

1. B electronic auction Only those registered in a single information system, accredited on the electronic platform and its participants allowed to participate in such an 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 working day following the expiration of two days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction.

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 the case provided for in paragraph 2 of Article 42 of this Federal Law, the documentation for the electronic auction indicates the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction is held by reducing the amount of these prices 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, but not less than one hundred rubles.

(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 contract price proposal that is lower than the current minimum contract price proposal, 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 permitted.

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, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) service for maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

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. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

(see text in the previous edition)

20. If within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of this article, such an auction shall be deemed invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

21. Any participant in an electronic auction, after posting the protocol specified in Part 18 of this article on the electronic platform and in the unified information system, has the right to send to the operator of the electronic platform a request for clarification of the results of such an auction. Operator of the electronic platform within two working days from the date of receipt of this request is obliged to provide this participant with appropriate explanations.

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

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision to approve or to carry out transactions based on the results of such an auction on behalf of the procurement participant;

(see text in the previous edition)

3) the amount of contract performance security is calculated based on the initial (maximum) contract price specified in the notice of such an auction.

Electronic auction held on the electronic trading platform on the day specified in the notice of the auction. The start time of the auction is set by the site operator. It is obvious that only procurement participants recognized in accordance with the protocol for consideration of applications as participants in an open auction in electronic form.

note that, according to Chapter 3.1, the day of the electronic auction is the working day following the expiration of two days from the date of expiration of the period for consideration of the first parts of applications. Thus, the customer does not have the right to independently set other deadlines in the notice of the auction. An electronic auction is conducted by sequential reduction by participants starting price contract taking into account the auction step. The auction step is set in the range from 0.5% to 5% of the initial contract price. The auction step is the permissible limit on the amount of reduction in the value of the last price offer for one subsequent offer. In other words, when conducting an open auction in electronic form, participants submit price proposals that provide for a reduction in the current minimum offer for the contract price by an amount within the auction step. For example, if the initial contract price is 100 million rubles, then participants can submit the first price proposal in the range from 95 to 99.5 million rubles. The next price offer for reduction will be in the range from (X - 5) million rubles to (X - 0.5) million rubles, where X is the first price offer submitted during the auction, located in the range from 95 to 99.5 million rubles

From the start of the electronic auction 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, are displayed on the electronic platform. At the same time, the operator ensures complete confidentiality of data about auction participants.

When conducting an electronic auction the time for accepting price proposals (time step) is set at ten minutes from the start of the 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. If no proposal for a lower contract price is received within the specified time, the auction automatically ends.

During the auction, participants can submit price proposals as follows:

reduce the current minimum offer within the auction step, while the auction time is extended by 10 minutes;
submit an offer lower than your current minimum, but higher than the current best (minimum) offer submitted by a competitor, and the auction time is not extended. This opportunity implemented so that participants can compete for second, third, etc. places.

The participant whose offer is currently the best (minimum) cannot submit price proposals.

Of particular note that within ten minutes from the end of the electronic auction, any participant, except for the one who submitted the best (minimum) offer during the main time of the auction, has the right to submit proposals for the contract price, regardless of the “auction step”. Such an offer cannot be greater than or equal to the offer already submitted by this participant, and cannot be less than the offer of the participant who submitted the minimum price offer during the auction. This measure was also taken to enable participants to compete for second, third, etc. places. If the auction winner avoids concluding a contract, the contract will be concluded with the second place bidder, etc. For example, if two unscrupulous participants, in order to disrupt the procedure, reduce the price to an impossible minimum, without intending to conclude a contract, the procedure will still take place due to the conclusion of a contract with the participants who took third or fourth place, who can decide, among other things, process of additional submission of proposals in the last ten minutes.

To participate in an electronic auction, you must log in and select the desired auction, to the right of which the “Tendering” status is displayed. By logging into the auction page, you can submit bids according to the system prompts.

When the first parts of applications have been reviewed and bidders are allowed to participate in the auction, the auction status changes to “Auction in Progress”

Submission of price proposals is carried out from the moment the auction begins and is available to order participants admitted to participate in the auction based on the results of the customer’s consideration of the first parts of applications.

To submit a contract price bid, click on the "Bid" link within the first 10 minutes of the auction beginning. A form for submitting proposals for the contract price will open. This form displays all submitted price proposals received since the start of the auction, indicating the time the proposal was submitted. To submit a price proposal, enter its value in the appropriate field and click the “Submit proposal” button.

After this, the entered offer is checked and, if entered successfully, the system will require confirmation of the entered price offer.

Click Yes. After this, the price offer must be signed. A dialog box will open with a list of digital signature certificates. Select the required certificate and click OK. A message will appear indicating that your quote has been accepted.

If your proposal for the contract price is in the lead, then the possibility of submitting a new price proposal is blocked.

If during the auction the contract price drops to zero (at the same time, according to 94-FZ, submitting a price proposal equal to zero is not allowed), an electronic auction begins for an increase in the right to conclude a contract. Thus, the amount that the procurement participant is willing to transfer to the customer for the right to conclude a government contract is determined. Moreover, the contract price achieved during such an auction cannot exceed 100 million rubles. During such an auction, participants do not have the right to submit price proposals that exceed the maximum transaction amount contained in the register of procurement participants. Security for the execution of a contract based on the results of such an auction is provided in the amount of security provided for in the auction documentation, based on the contract price achieved during such an auction.

note that if a price proposal is submitted that does not comply with the requirements of Chapter 3.1, such proposal will be automatically rejected by the trading system.

Also worth noting that if the contract price is offered equal to the price offered by another auction participant, the offer received earlier than others is recognized as the best.

Within thirty minutes from the end of the auction, the operator places on the electronic trading platform a protocol of the auction, which, among other things, indicates all the minimum proposals for the contract price made by participants in the open auction and ranked in descending order, indicating the serial numbers of applications submitted by these participants for participation in the auction. The minutes also indicate the time of receipt of proposals. After posting the protocol, any participant has the right to send the operator a request for clarification of the auction results, which the operator must provide within two business days of receiving the request.

Within an hour from the moment of publication of the protocol, the operator sends to the customer the second parts of the applications of the participants who took the first ten places at the end of the auction. If a smaller number of participants took part in the auction, all second parts of applications are sent to the customer.

After confirmation of accreditation, you must open a special bank account. Funds are transferred to it to secure the auction application.

The amount of security for each auction is set by the customer in the range from 0.5% to 5% of the initial contract price. In case of winning and cancellation of the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.

If you do not win, the security will be returned within 5 business days. If you win, the application security will also be returned, but after the contract security has been deposited and it has been signed.

Step 5. Submitting an application for the auction

An application for an auction can be submitted if funds to secure it have been credited to your personal account.

An electronic auction on the site is searched by registration number
Application forms are filled out in personal account, documents are loading
Each file and final form applications are signed with digital signature

After submission, each application is assigned serial number. On some sites it corresponds to the number of applications submitted, and you can use it to determine how many participants there are. If there are any doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.

Step 6. Review of the first parts of applications

The customer’s auction commission reviews the first parts of applications within 7 days and makes a decision: to allow electronic trading or reject. The name of the company in the first part is kept secret until the second parts are considered.

Based on the results of consideration, a protocol with application numbers and a decision on admission is published on the site. The names of the companies remain hidden.

Step 7. Participation in the electronic auction

If you are admitted to the bidding procedure, it is important not to miss the time of the electronic auction. Usually this is the third working day after the publication of the admission protocol.

There may be confusion with time zones. The auction can take place early in the morning or at night and last for hours. You need reliable Internet and a backup channel, an uninterruptible power supply or laptop (and charger!), checking the functionality of the digital signature.

There are many more overlaps than you can imagine.

How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit a proposal – 10 minutes. After each new rate 10 minutes are counted down again.

You always have 10 minutes to decide on a new bet.

You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed from the moment last bid The main auction ends. The first place is taken by the offer with the minimum price. But that is not all.

The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.

You have 10 minutes for this. If the bid of the auction winner for the second parts is rejected, the contract will be signed with the next participant in line. Additional submission in an electronic auction is an important step that increases the likelihood of winning.

Hello, dear colleague! In today's article we'll talk on participation in the most popular procurement procedure today - an electronic auction within the framework of 44-FZ. IN currently Electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of April 30, 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 April 30, 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 — auctions held in in electronic format 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 — is a website on the Internet where electronic trading.

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 February 12, 2018) “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:

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, 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.

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, Article 24.2 44-FZ).

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.

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 in our online school“The 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 - Application Money to a special bank account

Next mandatory stage- This is a deposit of funds into a special bank account. This is necessary in order to ensure your participation in the electronic auction.

Note:

if the NMCC EA is up to 1 million rubles, then the requirement for the Customer is not established (see Decree of the Government of the Russian Federation No. 439 of April 12, 2018). Important! There is also a letter from the Ministry of Finance of Russia dated October 30, 2018 No. 24-01-07/77857 “On securing applications for participation in competitions and auctions at NMCC up to 1 million rubles; on establishing the amount of penalties in procurement documentation”, in which the Ministry of Finance says that RF PP No. 439 does not contain restrictions regarding the establishment of requirements for securing applications for participation in tenders and auctions with an initial (maximum) contract price of up to 1 million. rubles Based on this letter from the Ministry of Finance, many Customers establish requirements for securing applications (from 0.5% to 1%) in purchases up to 1 million rubles.;
if NMCC EA is from 1 million rubles. up to 20 million rubles, then the amount of the application security is 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 Required documents on the electronic platform, sign them with a qualified electronic signature and send it to the operator of the electronic platform. Within one hour from the date and time of the deadline for submitting applications for participation in the EA, 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. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic platform, blocks 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.

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 an 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 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 there are such requirements) of Article 31 44-FZ ( Note: these are requirements for the participant to have 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 to 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, 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.

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, parts 2 and 2.1 of Article 31 (if there are such requirements) 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) decision on approval or execution of a major transaction or a copy 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(SONKO) 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 Parts 3 and 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 the application for participation in the EA, the operator of the electronic platform is obliged to assign it an identification number and confirm it in the form 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 the reasons specified in clauses 1-5, part 11, 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 notification to the operator of the electronic site.

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 installed by the Customer.

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 expiration of 2 days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction).

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, but not less than 100 rubles . 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 this moment 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 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.

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. Whether there is a legal ways 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.

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).
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).
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).
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).
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:

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 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;
if the winner has not fulfilled the anti-dumping requirements provided for in Art. 37 44-FZ (in case of a reduction in the contract price 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 explains why you should not apply for participation in the EA at the most 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!

We have already written about the rules of the electronic auction, its intricacies and the preparation of the first part of the application. In this article we will remind you about working on electronic trading platforms(ETP):

Participants whose first parts of applications are accepted for participation enter the ETP auction hall on the appointed day and time. Trading takes place in real time: for example, if ETP scheduled trading for 15:30 Moscow time, then suppliers from Novosibirsk will start participating at 19:30.

The auction step is from 0.5% to 5% of the NMC. For example, if the NMC is 1,000,000 rubles, you can submit a price in the range from 5,000 to 50,000 rubles. The interface of all ETPs is different, but understandable. Everywhere there are buttons for submitting the minimum and maximum prices. By pressing one button, you can walk in standard steps of 0.5%. On the most popular site, Sberbank-AST, there is a scroll to select a price.

You can make any step from the range from 0.5% to 5% (for example, 13,929 rubles), if the following conditions are met:

The first price reduction is possible only within the “auction step”
The second and subsequent offers either reduce the current minimum price within a “step”, or they are within the range from the current price to the initial maximum.
A participant may not submit a proposal that is greater than or equal to his previous proposal.
You cannot submit an offer equal to zero.
A participant cannot “play with himself,” that is, reduce the current price if it was proposed by this participant.

You are given 10 minutes per step. The auction duration automatically increases by 10 minutes when any bidder offers a better price. Therefore, the remaining participants always have time to think about their next step.

If a competitor switches gears

Reduces price quickly and aggressively

The participant takes his step instantly (5-10 seconds) after his competitor’s step with a maximum step size of 5%. Thus, he makes it clear that there is nothing to think about, he is aimed at winning. An inexperienced competitor may stop the decline because he will consider that there is no point in fighting and will leave the auction room. It can work extremely rarely and only with the most inexperienced participants.

Wears down competitors

The participant takes a step each time in the last seconds (10-30 seconds before the end of the step time). Thus, the auction may be delayed for for a long time. Steps in such tactics are always made with minimum size step 0.5%.

Uses combined tactics

For example, on initial stage a participant can choose a slow tactic, then use an aggressive one, then switch back to a slow one. This will confuse competitors; inexperienced participants, seeing a sharp drop in price, may refuse to participate in the auction.

What to do?

If you notice a competitor using one of these schemes, don't worry. The counter-strategy here is as simple as possible - calmly go to your minimum price, regardless of the actions of your opponents.

If you feel that participation in the auction may take a long time (for example, you used to sit for 5 hours in similar auctions) and you cannot afford to sit at the computer for a long time, put the robot to participate with a minimum price set in advance - this can be done a day before the start auction So far, this opportunity is only available on Sberbank-AST and RTS-Tender.

You can also contact bidding support specialists who will participate in the bidding for you and go down to the price you set.

If a competitor offers a round price

Perhaps one of the most frequently used scenarios. Imagine, there is a struggle, the reduction is already 30-40% from the NMC and we understand that we and our competitor are close to the threshold for submitting the latest price proposals and one reduction can decide the outcome. And then the competitor puts an even figure, it looks like this:

For some participants, the price is calculated approximately and rounded to a certain figure, below which the competitor is no longer ready to reduce. In our work during auctions, we often come across the fact that the head/commercial director of a company says: “in this auction we are going down to eight hundred thousand rubles,” since many simply do not want to waste time calculating the flat price of the reduction and say “by eye” .

What to do?

After this the best option will make another standard reduction of 0.5% from the competitor’s “flat” price. Of course, this does not mean that you will win with the next step, however, sometimes it really works. Also try to calculate your minimum price to the nearest ruble, so that with your rounded figure you don’t give your competitor a reason to think that you have reached the minimum.

How to behave in the “Bram” scheme?

This is a scheme known to many for conducting dishonest games. Two bidders deliberately aggressively reduce the price, while attaching documents in the second part of the application that do not comply with the law, so that they are rejected. The third participant, in the last seconds of the auction, offers a price 0.5% lower than the last price offer of a bona fide participant, thereby taking 3rd place after participants who sharply reduce the price. As a result, the first two are rejected for the second parts, and the third wins the auction with a favorable price.

What to do?

First, before the auction, determine in advance the price to which you can go. Then calmly wait until the first stage of bidding takes place. At the second stage of the auction, when you have another 10 minutes to submit price bids, last minute(this depends on the speed of your Internet, but we do not recommend delaying until the last seconds), submit your price at which it is profitable for you to fulfill the contract.

If the “ramming” scheme was actually used and the first two/three participants are rejected, and your application is the first corresponding one, a contract will be concluded with you at the proposed price. The second and easiest way to fight is to simply put the robot up for auction in advance with your minimum price.

conclusions

Not available in electronic auction secret way, which is guaranteed to lead you to victory. However, you must always be attentive, be able to correctly interpret the actions of other participants, notice the time of submission of price proposals and the size of competitors’ steps.

Determine in advance your price to which you are willing to go down during the auction.

During the auction, do not get carried away, trying to win the purchase at any cost. In our practice, we have encountered cases when a client gets excited and it doesn’t matter to him at what price to beat a competitor. The consequences can be negative: working at zero or in the red, or avoiding signing a contract, since the contract cannot be fulfilled for the amount offered.

Don't be afraid to use a robot to participate in electronic auctions.

The recipe for victory is to be able to offer a price lower in the auction than your competitors.