Conducting electronic trading. Rules for holding an open auction Auction how many days

In this section we will try to show in detail and reveal all the issues that may arise when participating in tenders. This article will be of interest primarily to those who are just starting to think about participation in tenders. We will try to figure out together what steps need to be taken at the very beginning. And is it worth trying to participate in tenders at all?

The timing of the auction under 44-FZ in 2018 has changed. In particular, the period of consideration of the first parts of applications for purchases with an initial contract price of up to 3 million rubles was different. We will tell you more about the terms of the auction under 44-FZ and their changes below.

Deadline for filing applications under 44-FZ for an electronic auction

Table of deadlines for all competitive procedures

☆ What is dangerous about the timing of competitive procedures;
☆ What are the 4 most common mistakes in timing;
☆ Why is a deadline map useful and why is it better than a calendar:

The deadline map will help you avoid mistakes because it calculates deadlines automatically taking into account holidays and weekends. She will insure you when working in the Unified Information System and will leave time - one day - to pass treasury control.

The participant submits both parts of the application simultaneously through Personal Area at ETP. It is important to do this before the end of the deadline set by the customer. The documentation indicates not only the date, but also the time. This means that formally participants have the opportunity to submit an application a few hours before the deadline for submitting proposals. But it is not recommended to do this, since the customer may have complaints and the participant simply will not have time to make the necessary changes.

After submitting an application, the ETP operator assigns a number to it and sends a notification to the participant. This may take up to an hour. The application may be rejected already at the stage of verification by the ETP operator. This will happen if:

• the participant violated the deadlines for submitting applications for the electronic auction under 44-FZ;
• (applications cannot be submitted if there are less than 3 months left until the end);
• no money has been deposited to secure the application;
• documents are not signed with an enhanced electronic signature;
• The participant sent several applications.

Who sets the start time for an electronic auction?

According to the amendments that came into force in 2018, only participants accredited to the ETP and registered in the EIS can participate in the auction.

The day of the electronic auction is the first working day after two days have passed from the moment the first parts of applications are considered. The start time of the electronic auction is set by the operator trading platform. It is guided by the time zone in which the customer is located.

The procedure itself goes like this: participants reduce the stated starting price by one step. The winner is the one who last offers the lowest cost of fulfilling the contract.

Can the last day to submit applications be a holiday? Or is it better to move the deadline to a working day?

Electronic auction under 44-FZ: timing, procurement algorithm

If the deadline for submitting applications for the electronic auction under 44-FZ in 2018 remained the same, then the time period allotted for consideration of their first parts was tied to the NMCC and reduced for small purchases. If the contract price is up to 3 million rubles, the commission has only one day to evaluate them. For other purchases, the deadline remained the same - 7 days.

During the consideration of the first parts of applications, the commission determines how well the product, work or service meets the stated requirements. Some participants are not allowed to participate in the main procedure. The auction itself is conducted as follows: participants reduce the initial price of the contract by one step. The last one to offer the lowest price is recognized as the winner of the procedure.

The next stage is the evaluation of the second parts of applications. The processing time remains a maximum of three days. It is counted from the moment. The ETP operator selects 10 applications whose authors offered the lowest price during the auction. Next, the commission checks applications for compliance with the requirements in ranking order. The winner is the participant who offered the best price, and his application, its first and second parts, are recognized as meeting all the requirements.

Electronic auction: terms

Let's consider other terms of the auction under 44-FZ. The law establishes a period for providing clarifications to auction documentation. Participants can apply for the provision additional information at least three days before the deadline for submitting proposals. Next, the customer has two days to answer the questions posed. The answer is posted in the EIS. Each participant has the right to send no more than 3 requests.

Speaking about the timing of the auction in electronic form according to 44-FZ, it is impossible not to touch upon the procedure for signing a contract based on the results of the procurement. The law establishes the following algorithm:

1. within five days after publication of the protocol in the Unified Information System, the customer places a draft contract in the Unified Information System and on the ETP website without his signature;
2. The winner has 5 days to send the signed document along with confirmation of the contract security;
3. within three days after this, the customer must sign.

Attached files

• The timing of the electronic auction under 44-FZ is in the table.xlsx

1. B electronic auction Only participants accredited in accordance with this paragraph and admitted to participate in such an auction may participate.

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 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 the electronic auction documentation indicates the total initial (maximum) price of spare parts for machinery, equipment, or in the case provided for in paragraph 2 of Article 42 of this Federal Law, the initial (maximum) price of a unit of goods, work or service, such an auction is held by reducing the specified general initial (maximum) price and the initial (maximum) price in the manner established by this article.

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.

7. When conducting an electronic auction, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.

8. When conducting an electronic auction, any participant also has the right to submit a proposal for the contract price regardless of the “auction step”, subject to compliance with the requirements provided for in Part 9 of this article.

9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:

1) a participant in such an auction does not have the right to submit a contract price proposal that is equal to or greater than the contract price proposal previously submitted by this participant, as well as a contract price proposal equal to zero;

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

3) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price if it is submitted by such a participant in an electronic auction.

10. From the start of an 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 is automatically completed 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 in paragraphs 1 and 3 of part 9 of this article.

13. The operator of an electronic site is obliged to ensure the confidentiality of information about its participants when conducting an electronic auction.

14. During an electronic auction, the operator of the electronic site is obliged to reject proposals for the contract price that do not meet the requirements provided for in this article.

15. Rejection by the operator of the electronic platform of proposals for the contract price on grounds not provided for in Part 14 of this article is not allowed.

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

17. In the event of an electronic auction being held in accordance with Part 5 of this article, 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 serial 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.

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, the first ten serial numbers were received, 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 the documents of these participants provided for in paragraphs 2 - and 8 of Part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of its participants who have received accreditation on the electronic platform. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

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 is considered 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 placement on the electronic platform and in a single information system specified in part 18 of this article of the protocol 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 on approval or on the completion of transactions on behalf of the procurement participant as a result of such an auction, which is contained in the register of participants in such an auction who have received accreditation on electronic site;

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

To sell various property that becomes the property of the state, banks or other institutions, auctions are held according to all the rules. Bidding is necessary when searching for a customer for the implementation of various services or works on the basis of government contracts. Most often used for this electronic trading, making it possible to involve many participants in the process who may be in different regions countries. In this case, the correct procedure for conducting the auction must be observed, otherwise its results may be challenged in court.

The concept of electronic auctions

This procedure regulated by the provisions of Federal Law No. 44. An auction, conducted electronically, is represented by bidding, where participants can purchase different items by raising the price or qualify to sign a contract by lowering the price. The procedure for conducting an electronic auction involves taking into account the following nuances:

• procurement information is posted in the Unified Information System for an unlimited or limited number of potential participants;
• documents related to such auctions are freely available;
• all participants are subject to the same requirements;
• the procedure is performed on a special electronic platform with the help of its operator;
• The winner is the participant who offered the most high price per item being sold or the lowest price for a government contract.

Trades can be held not only government agencies, but also by private companies. They can be closed or open. Often joint auctions are held, where one lot offers the opportunity to conclude a contract with several customers.

Where does the process run?

The procedure for holding competitions and auctions requires a competent selection of an electronic platform for these purposes. This platform is represented by a website on the Internet where electronic trading is carried out directly. If the process is carried out for the state, then only pre-selected and verified sites are selected for this.

There are 6 electronic platforms:

• CJSC Sberbank-AST.
• RTS-tender LLC.
• JSC "Unified Electronic Trading Platform".
• National electronic platform.
• State Unitary Enterprise “Government Order Agency of the Republic of Tatarstan”.
• All-Russian universal trading platform (RAD).

They are used for procurement by government agencies. To participate in the auction, participants must have an electronic signature and accreditation at a specific site.

When are electronic auctions required?

There are certain situations in which the customer is required to conduct electronic trading. All of them are specified in the legislation. The procedure for conducting an electronic auction indicates that such auctions can be held only if the following conditions are taken into account:

• it is possible to form an accurate description of a specific procurement object;
• the winner is determined based on quantitative or monetary criteria.

Commercial companies can use tenders to sell various objects or purchases. They are subject to less stringent requirements.

How does accreditation work?

The procedure for holding an open auction is the need for accreditation of all participants at the selected site. For this purpose, documents are prepared that are listed in Federal Law No. 44. These include company registration papers, a power of attorney issued to a representative, as well as various licenses and permits for specific activities.

Within 5 days after the transfer of this documentation, the trading platform operator accredits the participant. This process may be refused and the applicant will be notified accordingly.

When can accreditation be refused?

The procedure for holding an auction in electronic form requires all participants to undergo accreditation. Often they are rejected in this process. It may be due for various reasons:

• were not transferred to the operator Required documents for accreditation;
• provided fake information about the potential participant;
• documents are transmitted that do not comply with legal requirements;
• An offshore organization plans to act as a participant.

If accreditation is achieved, it is valid for three years. After this, the participant only needs to submit applications for participation in various tenders. Three months before the expiration of accreditation, the operator sends a notification to the participant. The participant can re-pass accreditation, but not earlier than six months before the expiration of the current permit.

The procedure for organizing auctions

Various items can be used as the object of such auctions. Most often performed using auctions state procurements or land, real estate or other assets owned by the state are leased and sold. Although the object can be anything, the auction procedure is identical. To do this, the customer performs the following steps:

• preparation for the auction is carried out, for which purchases or sales are planned, a commission is formed, regulations on the commission are developed, and if necessary, an intermediary is involved to perform the function of the commission;
• documents for bidding are prepared, which include general provisions, information card, form on which applications are made by participants, justification of the NMTC, terms of reference and project;
• information about electronic trading is posted in the UIS;
• all participants are identified, for which existing applications are studied;
• a protocol for considering applications is drawn up;
• direct bidding is held, where participants raise bids or reduce the cost of the contract;
• the winner is determined, for which a protocol for summing up the results is drawn up;
• A contract is concluded with the winner, after which the contractor provides security or uses a bank guarantee.

If you understand the procedure for conducting land auctions or bidding for the execution of a contract, then there will be no difficulties in finding a buyer, tenant or contractor.

What actions are performed by the participants?

Correct order holding joint tenders and auctions requires the implementation of certain actions by all bidders. They are as follows:

• initially the participant must receive electronic signature, without which it is impossible to participate in the auction;
• accreditation is carried out at the selected site;
• information on specific tenders is assessed, for which the EIS database is used;
• download documentation that allows you to study the rules of participation;
• the received data about the contract or the item being sold is analyzed;
• a decision is made to participate;
• deposit Money to the account of the electronic platform, which serves as security for participation in the auction;
• After the funds have been transferred, it becomes possible to submit an application for participation;
• an application consisting of two parts is prepared and sent, and the documents listed in the auction documentation are attached to it;
• direct participation in the auction, for which applications are submitted on the basis of the first starting price;
• if a specific participant wins the auction, then he signs a contract with the customer;
• security for the execution of the agreement is prepared, represented by a bank guarantee or payment order;
• If an auction was held for the sale of any property, then funds are prepared and transferred to the customer.

The procedure for conducting land auctions suggests that only after concluding a contract is it possible to register the right to the purchased land in Rosreestr. In this case, the purchase and sale agreement acts as a title document.

Nuances of an auction for the purchase of land or real estate

If citizens or companies wish to purchase various property from the state, represented by land or real estate, then an auction must be held for this purpose. No bidding required if there are no other potential buyers.

The procedure for conducting an auction of land plots or real estate involves the use of electronic platforms. The winner is the participant who offers the highest price for the object. Bidding is held both for the purchase of land and for leasing it. The customer is a representative of the municipal government of a particular region. The procedure for conducting an auction of land plots is similar to bidding for the execution of various contracts.

Nuances of a closed auction

Some contracts are awarded on the basis of closed auctions, in which only strictly defined participants can participate. Order of conduct closed auction assumes that information about tenders is not posted in open sources. Only a limited number of potential participants are informed about the process.

The remaining actions are identical. Participants who submit a bid receive information about the purpose and subject of the auction. They make security payments, after which auctions are held. A contract is signed with the participant who wins the auction.

Joint bidding rules

The procedure for holding joint tenders and auctions is established by the provisions of Federal Law No. 44. The features of such auctions include the following:

• during the auction, purchases are carried out simultaneously by several customers;
• the right to combine several tenders is granted exclusively for the purchase of homogeneous goods or services;
• Contracts are concluded with the winning bidder by all customer firms;
• the procedure for holding an auction is standard, but for this purpose a special agreement is drawn up between customers, which delineates their rights and obligations;
• the body conducting the procurement is determined, and a commission is formed and approved;
• tender documentation is developed and agreed upon jointly by several customers;
• the starting price is calculated taking into account the wishes of each enterprise;
• the powers vested in officials are determined, as well as their duties and responsibilities are indicated;
• expenses for holding an auction are differentiated between all customers;
• The date of the auction is determined.

An agreement between all customers must be drawn up in writing. Additionally, the principles on the basis of which controversial issues will be resolved are determined. If the procedure is not followed joint auction by at least one customer, this leads to difficulties in conducting tenders.

Process timing

The period during which electronic trading is carried out depends on various factors, which include the amount of the contract or the item being sold, the number of participants, the form of the auction and other parameters. Based on the procedure for conducting an auction under Federal Law 44, the procedure is divided into several stages:

• participant accreditation - 5 days;
• posting information about the auction - 7 days before the process or 15 days if the initial amount exceeds 3 million rubles;
• placement of auction information in the system - within 2 days after receiving a request from the operator of the selected electronic platform;
• the auction is held on a strictly defined day;
• 10 minutes are given to submit an application to change the price;
• within 30 minutes after the end of the auction, information about the winner is posted in the UIS.

The term depends on the number of applications and the starting price. Therefore, the timing of the auction may vary significantly in different situations.

Requirements for participants

In order for the auction procedure to be correct and in accordance with the law, certain requirements are imposed on participants. These include:

• the participant can be a citizen or a company;
• individuals can be registered as individual entrepreneurs;
• There are no specific requirements for companies, so it does not matter what their form of ownership is, organizational form and place of registration;
• depending on the subject of the auction, the requirements for different licenses, permits, SRO approvals or other factors that allow you to cope with different works may differ significantly.

All these requirements are given in the auction documentation, which is made publicly available. After studying this information, each potential participant will be able to understand whether he can participate in the auction.

Application Rules

The procedure for holding an auction for the sale of land plots or for signing a contract for the performance of any work requires the participants to submit the correct application. It consists of two parts:

• the first part depends on the subject of the auction, represented by a product, work or service;
• the second part includes the participant’s documentation, therefore, with the help of the submitted papers, the customer can understand the name of the company or full name of the citizen, location address, contact details and other information confirming compliance with the bidding requirements.

Customers cannot require more documents from participants than those listed in Federal Law No. 44. Submission of an application is permitted at any time from the moment information about the date and location of the auction is posted. It is supplied in two parts to the operator of a specific electronic platform. Within one hour, it is assigned an individual number, after which the participant receives confirmation of acceptance of the document.

Nuances of bidding

On the appointed day and time, a direct auction is held, which has the following nuances:

• participants can raise or lower the price depending on the subject of the auction;
• the change may be zero, greater than or equal to the previous supply;
• the established auction step is taken into account during bidding;
• all proposals submitted by participants are recorded by the operator of the electronic platform;
• you have only 10 minutes to change after last change prices;
• if there is no other current offer within the specified period of time, then the auction ends automatically, for which special technical means and programs are used;
• within 30 minutes after the end of the auction, the operator posts a tender protocol containing information about the winner.

The procedure is carried out by each participant using special computer programs, which makes it easy to correctly submit applications and set prices.

What does the protocol contain?

The procedure for conducting an auction implies that a protocol must be formed at the end of the auction. It includes information:

• name of the electronic platform on which the auction was held;
• date and time of the auction;
• NMCC;
• all price offers made by bidders are listed, and they are ranked in descending order.

Initially, such a protocol is published on the website of the electronic platform, after which it is sent to the customer and participants within one hour.

Operators of all sites must ensure the continuity of the implementation of the electronic auction. They must monitor the reliability and serviceability of various programs and hardware.

When is an auction declared invalid?

There are certain conditions under which electronic trading is considered invalid. These include:

• no applications were submitted;
• there is only one application at the end of the auction;
• the commission makes a decision on the impossibility of admitting all participants to the auction;
• within 10 minutes there was no offer to increase or decrease the price;
• within the established time frame, the participant who won the auction did not transfer the necessary documentation to the customer, did not transfer funds for the object, or did not ensure the execution of the contract.

Information that the auction is invalid must be published on the site’s website.

Rules for concluding a contract

A contract must be concluded with the winning bidder within 10 days from the moment the auction end protocol is drawn up. If the participants have different disagreements regarding the agreement, then a protocol of disagreements signed with an electronic signature is drawn up and placed in the Unified Information System.

Within 3 days after posting such a protocol, the document is reviewed by the customer and a revised contract is provided.

Conclusion

Electronic auctions are mandatory for finding executors of government contracts or selling various government assets, which include real estate, land or other elements. Participants must have an electronic signature and accreditation on the selected electronic platform.

The electronic auction is carried out in correct sequence actions, for which the subject of bidding and other features of the process are taken into account. The procedure involves the use of computer programs and special technical means belonging to the operator of the selected site.

• Regulated by the provisions of Article 68 of Law No. 44-FZ.

Conducting an open auction in electronic form.

Determining the date of the auction.

• The day of the auction is the day following the expiration of 2 days from the expiration date of the period for consideration of 1 part of applications for participation in this auction.

• Start time of the electronic auction: set by the ETP operator, taking into account the time zone in which the Customer is located.

Reducing the price of an electronic auction.