Conducting electronic trading. Rules for holding an open auction Short auction 44 fz terms

• Auction step - from 0.5% to 5% starting price.

• You cannot submit a bid with a price equal to or higher than previously submitted by other bidders price offers.

• You cannot submit a zero bid.

• You cannot submit a bid that is lower than the current minimum bid submitted within the "auction step".

• You can't lower your own price offer.

• During the bidding process, the ETP must indicate the time remaining until the deadline for submitting bids.

• If within 10 minutes there were no new proposals for a decrease, the "main time" of the auction (definition of the winner) ends.

• After determining the winner within 10 minutes, you can submit proposals for lowering the 2nd, 3rd, etc. places.

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

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

The electronic auction, because of its simplicity, low cost and high level of automation, is a favorite way to determine the supplier for both customers and contract executors. Through this procedure, you can purchase most goods and services under government contracts. There are also no restrictions for performers - all suppliers can participate, regardless of their size and legal form.

How an electronic auction is conducted

Auction in electronic form held on e-mail trading platform (ETP). Trades under 44-FZ are held only on six federal sites. In order to gain access to a specific auction, a participant must be accredited at the ETP that holds it. To do this, you need a small set of documents and.

Stages

The auction includes several stages:

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

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

1. Preparation for the procedure. Suppliers look for suitable tenders, customers place them.
2. Application preparation. Suppliers prepare the first and second parts of the applications.
3. Submission / acceptance of applications. Suppliers submit the first parts of applications, customers consider them.
4. Bargaining. Suppliers who have access to the auction, as a result of which the winner is determined.
5. Consideration of the second parts of applications.
6. Conclusion of a contract.

Auction mechanism

Participants who, following the results of consideration of the first parts of applications, received admission to trading, on the appointed day and hour, “enter” the auction room at the ETP. The procedure begins and the participants submit their proposals. If within 10 minutes there was not a single new proposal, that is, the price of the procurement object has not changed, the auction is declared closed. The system automatically determines the winner of the auction, as well as the participants who took second and third place.

During the auction, the customer does not see which of the participants makes an offer. That is, bidding anonymous providers. Only after the winner is determined, the customer will receive information about him. This mechanism allows for fair competition.

How long does an auction last? Law 44-FZ does not stipulate this point. The time of the auction is determined by the number and activity of participants. It happens that the winner is determined after 1-2 proposals.

When the auction is over

So, the system has identified the participant under the number "1". Within 30 minutes from the moment the auction closes, a report on the procedure carried out is automatically generated. You can see him at electronic platform. It includes information about price offers of all participants. Information about the suppliers who took places from 1 to 3 is sent to the customer within an hour after the auction is closed.

Now the customer must evaluate second parts of applications winning participants. If the application of participant No. 1 fully satisfies the documentation of the auction and the requirements of the customer, then a contract is concluded with him.

Note! When the winner is determined, he cannot refuse to conclude the contract. The customer has no such right.

If the second part of the application did not satisfy the requirements of the customer, then the contract is concluded with participant No. 2. Of course, if his application has passed the test. If it fails here too, then participant No. 3 is checked. If his application is also recognized as not meeting the requirements, the auction will be declared invalid.

Within 3 working days from the date when the protocol of the auction was published on the ETP, the final protocol must be drawn up. It is signed by members of the auction commission of the customer and placed in the EIS no later than the next business day.

The next step is conclusion of a contract. Within 5 days from the date of signing the final protocol, the customer places a draft contract in the EIS, in which the contractor's data is entered. In the next 5 days, the supplier must sign the EDS contract. In case of detection of errors or inconsistencies with the text of the draft contract, the supplier submits.

Another 3 working days are given for the signature of the customer. As soon as he places the signed contract in the EIS, it will be considered concluded.

Today electronic auction- the most demanded form of bidding by customers. Both legislative requirements and the development of information technologies. As part of public procurement, the process of conducting electronic trading regulated by articles 59-71 of the Law on the contract system.

Electronic auction under 44-FZ

So, in order.

The customer places in the unified information system a notice of the procurement, which indicates General requirements to the participants, the site where the procedure is carried out, the deadlines for accepting applications, their consideration, holding a trading session, the terms for fulfilling the contract, the procedure for paying obligations under it, the place of delivery of products, etc. Note that the acceptance of applications must be at least 7 days for auctions with a starting price of up to 3 million rubles, for more expensive purchases this period is 15 days (Article 63 44-FZ). Published with the notice auction documentation and draft contract. From this moment on, this tender enters our system and becomes available to visitors.

Companies and entrepreneurs who decide to participate in the procedure must prepare an application for participation in the auction. This is only if they are accredited at the site where the purchase is being made. Otherwise, before the deadline for accepting applications, it is still necessary to undergo accreditation, which takes up to 5 days (provided that all documents are properly executed). Therefore, we recommend completing the accreditation procedure in advance.

After the deadline for accepting applications, the customer (authorized body, specialized organization) considers the first parts of applications for compliance with the goods (materials, equipment) offered for delivery (use in the course of work / rendering services) with the requirements of the procurement documentation (terms of reference) and the legislation on the contract system. In the course of consideration of applications by the commission, for each submitted application, a decision is made by voting on its admission or rejection. Such a decision is recorded in the minutes of consideration of applications. For unaccepted applications, the protocol must indicate the reason for their rejection (Article 67 of Law No. 44-FZ). It should be mentioned that the first parts of the application must be depersonalized and not contain information about the participant in such an auction who submitted it. To identify applications, only their serial number assigned by the site is used. Information about the commission provider is disclosed only on final stage holding an auction under 44-fz.

The total period for consideration of the first parts of applications and publication of the relevant protocol cannot exceed 7 days, regardless of the contract price, and is indicated in the notice (purchase documentation).

Next stage - holding an auction or more precisely, a trading session. The date of the auction is determined by the organizer of the auction, and the time of its holding is determined by the operator of the electronic site.

The essence of the trading session is to submit price offers before determining the lowest threshold. After submitting the next contract price proposal (reduction), other participants are given 10 minutes to make a decision. After this time, in the absence of new offers, the main auction ends, after which another 10 minutes are given for the so-called "additional submission", during which the price can be reduced to the level of the last price offer submitted by the participant in regular time.

By general principle according to the results of the auction, all participants are ranked according to their proposed price - the lower the price, the better the position. For auction participants who have submitted the same value proposals, the "rule of precedence" applies - whoever previously offered such a price takes a higher position.

After the end of the auction, the operator of the electronic site on the same day publishes the results of the trading session (results of the auction).

On its basis, the commission considers the second parts of the applications and determines the winner. In the second parts, documents are checked confirming the compliance of the procurement participant (company or entrepreneur) with the requirements specified by the documentation, the legislation on the contract system. For example, if the purchase is for small businesses, then you must attach a declaration of belonging to the SMP. When providing services subject to licensing - a copy of the relevant license, etc.

It is mandatory to check copies of constituent documents, documents confirming the authority of a person to send an application, make transactions based on the results of the auction, a declaration of compliance of the procurement participant with the requirements established by paragraphs 3-9 of part 1 of Article 31 of Law No. 44-FZ, approval of major transactions, etc. Samples of the main documents provided as part of the second part of the application are posted on our website in the "Documents" section.

Upon completion of consideration of the second parts of applications, the procurement commission sums up the results of the auction and determines the winner. The results of summing up are documented in a protocol, where for each participant who submitted price offers during the trading session, a decision is indicated on its compliance / non-compliance with the requirements. In case of a negative decision, the reasons for the rejection of the participant are indicated with reference to the provisions of Law No. 44-FZ, which the application does not comply with. The final protocol is published on the site within a day after its signing. The maximum term for the procedure for summing up the results of an electronic auction under 44-FZ corresponds to 3 working days.

UAEF is the main way to determine the supplier according to 44-FZ.
Order of conduct: The customer places the purchase by uploading the following documents to the EIS (brief comments on their essence in brackets):

• auction documentation (AD) (this is really hell: absolutely meaningless garbage, in 99% of cases consisting of stupid copy-paste of articles of the law, it is contraindicated for a participant to read this slop).
• draft contract (except for the terms of payment, nothing interesting is indicated there).
• justification of the NMC (in most cases, the participant is absolutely indifferent to where the initial price came from, unless it is inflated / underestimated to critical values).
• TK and requirements for goods (really important document).

on one of the federal sites (the customer chooses (and yes, this is nonsense, since the customer interacts mainly with the EIS and the participants suffer from the sites)) participants apply for participation and will trade for a fall.

Dates: from placement by the customer to the OPP not less than:
7 days, if the NMC is below 3 million rubles. (short auction)
15 days for more expensive ones (long auction).
The UIS will not allow the customer to set deadlines shorter than legal ones, he can only increase them.
All terms are reflected on the order page in the EIS (notice) and can be changed by the customer.

How to participate in electronic trading:
To apply, the participant must electronic signature and site accreditation.
Submission of bids is possible only if there are funds on the “site” account of the participant for securing the bid, which will be blocked for the duration of the auction (one to two weeks).

Two parts of the application are submitted by the participant simultaneously, but will be considered by the customer for different stages separately (the platform does not consider or reject auction bids, but simply serves as a repository of documents).
The first part of the application in the case of the purchase of goods or work / services using the goods must contain:
Participant's proposal for the supply (use) of goods, indicating the trademark and specific indicators (all proposals will be considered by the customer before the auction, anonymous by default).
in other cases (procurement of works/services without the use of goods), such consent is automatically generated by the platform, it is enough for the participant to tick the box, and its consideration by the customer is a formality.

Features of the auction: after submitting, the participant receives a notification with a number from which one can judge the number of applications already submitted (and experience a slight shock, since competition is growing like an avalanche).
Before the OPT, you can withdraw your application (the provision of the application is unlocked instantly). You can immediately submit a new one, making the necessary amendments.
Participants admitted in the first part enter the electronic trading.

The second part of the application is submitted together with the first, but will be considered by the customer after the auction.

Deadlines for holding an electronic auction under Law No. 44-FZ

Consists of standard documents.
The winning bidder (offering the most low price) enters the stage of concluding a contract.

declaring the auction void

If not a single application has been submitted or all are recognized as inappropriate, the customer has the right to conduct a request for proposals.
If only one first part of the application is submitted and / or recognized as appropriate, the auction is declared invalid (not held) - the customer immediately considers the second part. If it meets the requirements, the contract is sent for conclusion to such a participant (at the initial price) in the standard manner,
and this means that the only (admitted) participant is obliged to enter into a contract or will be found to have evaded.

Article 59. Auction in electronic form (electronic auction)

1. An auction in electronic form (electronic auction) means an auction in which information on procurement is communicated by the customer to an unlimited circle of persons by placing a notice of such an auction and documentation about it in a unified information system, uniform requirements and additional requirements are imposed on procurement participants, such an auction is provided on an electronic site by its operator.

2. The customer is obliged to conduct an electronic auction in the event that procurement of goods, works, services included in the list established by the Government is carried out Russian Federation, or in an additional list established by the highest executive body state power of a constituent entity of the Russian Federation in the course of procurement of goods, works, services to meet the needs of a constituent entity of the Russian Federation, except for the cases of procurement of goods, works, services through a request for quotations, a request for proposals, procurement from sole supplier(contractor, performer) subject to the requirements of this Federal Law. The inclusion of goods, works, services in these lists is carried out in case of simultaneous fulfillment of the following conditions:

(see text in previous)

1) it is possible to formulate a detailed and accurate description of the procurement object;

2) the criteria for determining the winner of such an auction have a quantitative and monetary value.

3. The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in those specified in Part 2 this article lists.

ConsultantPlus: note.

From July 1, 2018 federal law dated December 31, 2017 N 504-FZ, part 4 of article 59 is set out in new edition. See text in the future.

Electronic auction for 44-FZ: just about the complex

For the purposes of this Federal Law, an electronic site means a site on the Internet information and telecommunications network where electronic auctions are held. The operator of the electronic platform is entity regardless of its organizational and legal form, form of ownership, location and place of origin of capital, state registration which is carried out on the territory of the Russian Federation, which owns an electronic platform, the software and hardware necessary for its operation and ensures the holding of such auctions in accordance with the legislation of the Russian Federation on the contract system in the field of procurement. The Government of the Russian Federation establishes the procedure and conditions for the selection of operators of electronic platforms. Based on the results of the selection of operators of electronic platforms, the Government of the Russian Federation determines a list of such operators. The functioning of electronic platforms is carried out in accordance with the uniform requirements established by federal agency executive power to regulate the contract system in the field of procurement.

(as amended by Federal Law No. 396-FZ of December 28, 2013)

(see text in previous)

ConsultantPlus: note.

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017, parts 5 and 6 of Article 59 are recognized as invalid.

5. It is not allowed for the operator of an electronic site to charge a fee for holding an electronic auction.

6. It is not allowed to charge participants in an electronic auction for accreditation on an electronic site and for participation in such an auction, with the exception of the fee charged from the person with whom the contract is concluded, in accordance with the act of the Government of the Russian Federation, provided for by part 4 of this article and establishing the procedure and conditions for the selection of operators of electronic sites.

An electronic auction is one of the most common ways to identify suppliers, performers / contractors. In contrast to the so-called "paper procedures", electronic auctions are the least laborious and most convenient when organizing participation in them. And according to statistics, over 50% of the total number of tenders announced this year are electronic.

Until the Unified Information System has been put into effect, which will enable all participants in the order to conduct electronic document management, you will be able to participate in other procedures for determining suppliers only after submitting an application on paper. And this greatly complicates the possibilities of potential suppliers from remote regions of the country. Moreover, "paper procedures" have a number of disadvantages. For example, high level corruption, since in such procurements, customers have the opportunity to falsify documents and perform illegal manipulations with the applications of participants. Such procedures are quite difficult to control and are extremely low level openness, objectivity and competitiveness.

That is why the Ministry of Economic Development plans to transfer all types of purchases to the electronic field. It is assumed that from January 1, 2015, federal customers and customers of the constituent entities of the Russian Federation will completely switch to e-procurement, and from July 1, 2015 municipal Customers will also refuse from "paper procedures".

So, participating in electronic auctions is quite simple. The main thing is to follow the sequence of stages and deadlines established by Federal Law No. 44-FZ “On the contract system”.

The first stage is obtaining an electronic signature.

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

After confirmation of accreditation, it is necessary to open a special bank account. Funds are transferred to it to secure the auction bid.

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 the event of a win and withdrawal from 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 collateral will be returned within 5 working days. If you win, then the application security will also return, but after making the contract security and signing it.

Step 5. Applying for an auction

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

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

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

Step 6. Consideration of the first parts of applications

The auction commission of the customer, up to 7 days, considers the first parts of applications and makes a decision: to admit to electronic trading or to reject. The name of the company in the first part is classified until the consideration of the second parts.

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

Step 7. Participation in the electronic auction

In case of admission to the bidding procedure, it is important not to miss the time of the electronic auction. This is usually the third working day after the publication of the admission protocol.

Possible confusion with time zones. The auction can take place early in the morning or at night, last for hours. You need a reliable Internet and a backup channel, an uninterruptible power supply or a laptop (and a charger!), EDS performance check.

There are many more overlays than you can imagine.

How is the auction 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 an offer - 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 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.

There are 10 minutes for this. In case of rejection of the auction winner's application for the second parts, the contract will be signed with the next participant in turn. Submission in an electronic auction is an important step that increases the likelihood of winning.