Start time of the electronic auction. Participation in an electronic auction: step-by-step instructions. Drawing up a protocol of disagreements

Those suppliers who are just planning to take part in the auction are concerned about many questions. How to find out the number of competitors? How is the price step determined? Is it possible to start by following the procedure from the outside without taking part in it? Let's try to answer these and other questions.

My application has been assigned number 10. Does this mean that 9 participants have already registered besides me?

Not at all necessary. After all, applications can be withdrawn and submitted again. In this case, the numbering will continue. The exact number of auction participants is known to the customer before the auction.

Is it possible to watch the auction if you do not take part in it?

Yes, this is possible in the open section of the electronic trading platform. For example, if this is Sberbank-AST, then you need to select “Auction Hall” in the “Auctions” menu. A list of all active procedures will appear. You can enter the one you are interested in and watch the progress of the auction.

Registration in ERUZ EIS

From January 1 2020 year to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

I am interested in the auction history of a particular customer. Where can I watch it?

This is available on the official website of the EIS. The results of all electronic auctions are posted here. For procedures of interest, you can view the protocols of bidding and summing up, as well as information about the contract.

How is the first price quote submitted? Can it be equal to NMCC?

The first bid must be submitted within 10 minutes of the start of the auction. If this is not followed, it will be declared invalid. The offer must be less than the initial contract price - it cannot match it. Moreover, it should differ from the NMCC by a price step.

How is the price step determined?

The price step range is established by law - it is 0.5-5% of the NMCC. To improve the current auction price, a bidder must submit an offer in increments within this range.

Is it possible to submit an offer outside the price step?

The first offer must be in the price step in any case. Next, participants can bid outside the step. However, you need to take into account that such an offer will not improve the auction price.

Since a proposal outside the step is not taken into account, then why submit it?

The participant who made such an offer may have his own reasons. For example, he is fighting for second place. Such tactics do exist. After all, after the bidding, the second parts of the applications are evaluated, and if at this stage the winner is rejected, then the contract will be concluded with participant No. 2.

Is the price of the second and subsequent offers reduced by one step from the leader’s price or from the NMCC?

The price step, that is, the percentage of its reduction, is calculated from the NMCC. The resulting value is subtracted from the leader's price.

The participant submits an offer that reduces the leader's price by a value less than the price step. Who will be declared the winner in this situation?

The participant who submits the best offer in the price step will win. Offer outside the step will not be taken into account and will not reduce the price of the leader. This proposal can only improve the current proposal of the bidder itself and will not affect the leader of the bidders in any way.

Is it possible to submit an offer equal to the leader's price?

Yes, this is appropriate at the end of the auction. The participant who is the first to submit bids at the same price as the leader will become second in the Auction Protocol.

The signs of such a procedure as an electronic auction are regulated in the first part. It states that this is a competitive method of identifying a supplier, in which procurement information is communicated to an unlimited number of persons by publishing documentation in the Unified Information System. Any interested person who meets the requirements stated by the customer can take part. Federal Law 44 calls the main criterion for selecting a winner at an open auction in electronic form the lowest price offer at the auction. To do this, you must submit an application remotely to the ETP.

By Order No. 1447-r dated July 12, 2018, the government increased the number of trading platforms from 6 to 8 and approved a single specialized trading platform. The final list included existing platforms for trading under 44-FZ:

• EETP, “RTS-tender”;
• Sberbank-AST;
• "Electronic trading systems";
• State Unitary Enterprise “State Order Agency of the Republic of Tatarstan”;
• "Russian Auction House";
• "TEK-Torg";
• ETP GPB (“Electronic trading platform of Gazprombank”).

The only specialized electronic trading platform was ETP “AST-GOZ”. This platform was created last year by Sberbank and the Rostec state corporation specifically for digital procurement within the framework of the state defense order.

What has changed after 07/01/2018

When is it carried out?

The customer carries out an auction procedure under 44-FZ for the purchase of products, performance of work, provision of services according to any of the codes of the classifier of products by type of economic activity (OKPD2). But they should not be subject to the restrictions of 44-FZ (for example, the need to conduct closed procedures).

However, the law provides for cases when the customer must conduct an electronic auction; the rationale for the chosen method of determining the supplier, contractor, or performer will be the Order of the Government of the Russian Federation of March 21, 2016 No. 471-r on cases of mandatory electronic auction bidding.

These include:

• agricultural goods and services;
• mining products;
• food and beverages;
• cloth;
• medicines;
• computer equipment;
• construction works.

The list is quite extensive and includes more than 50 OKPD2 classes.

A subject of the Russian Federation may also adopt an additional list of cases in which regional customers will be required to conduct electronic auction procedures for government procurement.

It is worth noting that the listed cases have their own characteristics. For example, it is not necessary to carry out EA during construction work on particularly dangerous, technically complex and unique objects or the purchase of food products for educational institutions, when the customer has the right to hold a competition with limited participation.

Clause 2 Art. 59 provides for relaxations regarding the mandatory conduct of EA. In particular, if the initial order price does not exceed 500,000 rubles, the customer has the right to conduct an electronic request for quotations, regardless of whether the order code is included in the established mandatory list. The same applies if the order is carried out in accordance with the cases established by Art. 83 and 93, by request for proposals or from a single supplier.

Auction instructions

Step-by-step instructions for an electronic auction under 44 Federal Laws of 2020 for the customer and supplier are regulated by Art. 68 44-FZ:

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

Let's look at these steps in order.

How to calculate the auction day

The article states that the day of the electronic auction is the working day that follows the expiration date for consideration of the first parts of applications. If it is played out in the construction industry and the documentation includes design and estimate documentation under clause 8, part 1, art. 33 44-FZ, then trading begins four hours after the deadline for submitting applications.

Electronic trading begins at the time set on the ETP, based on the customer’s time zone. Only accredited suppliers admitted based on the results of the first part verification can take part.

How long does the auction take?

This is affected by the following parameters:

• starting price;
• how many suppliers will come to the auction;
• how much they reduce the price.

Minimum time - 10 minutes. This is if no one has placed a bet. Then the winner will be the one who submitted the application first.

Sometimes trading can last several days. This is possible if prices have fallen below 99.5%, and participants are already bargaining for the right to conclude a government contract, i.e. they want to pay the customer extra to pick up the order. On average, electronic trading lasts 1-1.5 hours.

How do the main and final stages go?

The ETP operator monitors compliance with the requirements for the procedure. It can be divided into 2 stages.

The first stage implies that price proposals are submitted within 10 minutes from the last one submitted. The auction step under 44 Federal Laws in 2020 is from 0.5 to 5% of the initial contract price.

It will not be possible to reduce the cost by more than 5% with one price offer. Participants reduce the current minimum price within a step.

Let's show it with an example (CP - participant's price offer).

This completes the first phase.

Bargaining is possible, but taking into account the fact that the supplier cannot repeat or increase its own price offers or make an offer with a zero price.

A participant cannot make a reduction outside the auction step if the previous participant made a reduction within the step.

The second phase begins if within 10 minutes from the last price offer, none of the participants offered a new price. The stage lasts 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the step, but it cannot be lower than the minimum offered in the first phase.

If within 10 minutes after the start none of the participants submitted a price, then the auction is considered invalid.

From 18:00 on the day before the auction until the start of bidding, the auction robot does not work. The functionality of disabling the auction robot becomes available immediately after the start of the electronic auction by submitting a price proposal manually, signing it with an electronic signature certificate.

“Bram” scheme, what to do if you get hit by it

In addition to the schemes that we have listed, there are also gray strategies. One of them is the “Taran” scheme. Its essence is that 3 organizations agree in advance on a bidding scenario. Two of which, in an aggressive strategy, bring the price “below the plinth”. The third participant at the final stage takes third place, half a percent lower than the victim of the scheme. When considering the second parts, the first two winners have a photograph of their mother-in-law instead of a license or some documents are missing. As a result, the contract is taken by the participant in third place, and the fourth one bites his elbows because he could have offered a price much lower, but did not do this, because he decided that the contract would be played by the first two participants.

Therefore, offer your economic minimum at auction. To do this, you have a final stage where you can offer a price no lower than the winner. You can also go to court and declare the auctions that took place according to this scheme invalid. Such conclusions were made by the Arbitration Court of the East Siberian District in its decision in case No. A10-3052/2018 dated 07/04/2019.

We are holding an electronic auction for the purchase of a bank loan in the amount of RUB 100,000,000. The bank asks what the step size will be during the auction?

Answer

Reading time: 4 min

An auction is the most popular form of procurement. Despite the fact that the traditional auction under the hammer has been replaced by an electronic auction, the very concept of an “auction step” has not lost its meaning.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

What is an e-auction step?

An electronic auction is used to determine a supplier when procurement information is transmitted to an unlimited number of persons. The main criterion for selecting the winner of the electronic auction is the lowest price offer.

To participate in the tender, participants first apply to participate, and if they pass the pre-selection, they are allowed to participate in the procurement procedure. The tender itself is held on an electronic trading platform, during which participants make their price offers.

The customer carries out the purchase in the form according to 44-FZ, regardless of what goods, works and services are purchased by him: he can use any of the OKPD2 codes. The exception is those cases when the procedure must be carried out in a closed format.

If the product was presented in the “auction list,” then the purchase must be carried out in electronic format (this includes clothing, medicines, construction services, etc.).

The concept of “auction step” is inextricably linked with procurement in the form of an auction.

According to the definition given in 44-FZ, The auction step is the amount of contract reduction(NMCC). It is contained in Art. 68 44-FZ, which regulates the procedure for conducting auctions.

The rules that govern the auction step are necessary to regulate the trading procedure. They do not allow one thing to disrupt the purchase: sharply reduce the price and then avoid signing the contract.

At the same time, they do not allow unfair delays in bidding when participants constantly reduce the price by the minimum bid.

Step size

According to Part 6 of Art. 68 44-FZ, the auction step is set at 0.5 to 5% of the NMCC. This means that within one price offer a participant cannot reduce the cost by more than 5%. The minimum step value is 100 rubles. (this rule appeared in July 2018). The minimum step is used in small purchases worth up to 10 thousand rubles.

The need to regulate the minimum and maximum auction steps is due to the following reasons:

1. Auction participants do not have the right to submit a price proposal that is equal to or greater than that previously submitted by the same participant.
2. The participant has no right to submit a price proposal that is lower than the minimum proposal, reduced within a step.
3. The participant cannot submit a price proposal that is lower than the current proposal, if it was submitted by the same bidder.

The operator is responsible for ensuring that auction step requirements are met.

Thus, during the auction, the participant cannot repeat or increase his own price. For example, offer 2 million rubles first, and then 2.3 million rubles. Such offers will be considered void. Also, he cannot immediately reduce the price by 10% or make an offer with a zero price.

One participant at the first stage of the procurement cannot reduce its own price. For example, offer 3 million rubles, and after 5 minutes – 2.5 million rubles.

After the first stage of the auction is completed (when 10 minutes have passed since the lowest offer was submitted), each participant has the right to reduce his own price offered at the first stage, regardless of the step.

Participants use several tactics for submitting price proposals. So, in the first 10-20 minutes, many participants take a wait-and-see attitude. Some participants prefer to reduce the price by a minimum step in the first seconds and wait until the last to make a new price offer. Other procurement participants are more active and submit proposals with a significant price reduction (more than 0.5% of the NMCC).

Today, during an electronic auction, many do not directly participate in the auction. An electronic auction robot does this for them. It is quite simple to form: the minimum limit is indicated (the price for which the supplier is ready to fulfill the government contract) and the price reduction step used. As a result, the robot itself will place bets according to predetermined parameters.

After the start of the electronic auction, the participant can turn off the robot and start working in manual mode.

Time interval

Electronic trading begins at the time set on the electronic platform, taking into account the time zone in which the customer works. Only accredited suppliers can participate.

In accordance with Federal Law No. 44 the maximum interval between participants' proposals is 10 minutes. If no proposals are received from procurement participants, the auction can be considered completed.

It is difficult to say how long the procurement procedure will last. Everything will depend on the number of participants, their desire to conclude this contract, and the starting price.

If no one makes a bid, the auction will last only 10 minutes, and the winner will be declared the participant who first submitted his application to participate. This procedure will be recognized

Now you can take part in any auction at sites where you have received accreditation.

Step 3. Preparing an application for the auction

To participate in the electronic auction, you must prepare an application. Requirements for documents and filling out forms are defined in the auction documentation.

How to fill out an application for participation in the auction. The application includes two parts. The first part contains anonymized files and forms: consent, technical part (form 2). In the second part, the organization’s documents are required: TIN, application form, declarations, powers of attorney, SRO, licenses.

Both parts of the application are uploaded to the trading platform simultaneously. Each document must be signed with an electronic signature.

Step 4. Securing the application

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 1% of the initial contract price at the initial price up to 20 million rubles and up to 5% over 20 million.

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 unlocked within 1 business day. 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 a special account.

• An electronic auction on the site is searched by registration number
• Application forms are filled out in your personal account, documents are uploaded
• Each file and final application form is signed with an electronic signature

After submission, each application is assigned a 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 from 1 to 3 days and makes a decision: to admit to electronic trading or to 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 first 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 bet, 10 minutes are counted anew.

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 since the 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.