1. In electronic auction only those registered in the unified information system, accredited on the electronic site and allowed to participate in such an auction, its participants.

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 site in accordance with the time zone in which the customer is located.

3. The day of holding an electronic auction is the working day following the expiration of two days from the date of the deadline for consideration of the first parts of applications for participation in such an auction.

4. An electronic auction is held by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner prescribed by this article.

5. If, in the case provided for by Clause 2 of Article 42 of this Federal Law, the electronic auction documentation specifies the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction shall be held by reducing the sum of the indicated prices in the manner established by this Article.

(see text in previous edition)

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 percent to 5 percent of the initial (maximum) contract price, but not less than one hundred rubles.

(see text in previous edition)

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

8. When conducting an electronic auction, any of its participants is also entitled to submit a proposal for the price of the contract, regardless of the "auction step", subject to the requirements provided for by part 9 of this article.

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

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

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

3) a participant in such an auction is not entitled to submit a contract price offer that is lower than the current minimum contract price offer if it is submitted by such an electronic auction participant.

10. From the beginning of the electronic auction on the electronic site until the deadline for submitting contract price bids, all contract price bids and the time of their receipt, as well as the time remaining until the deadline for submitting contract price bids 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 on the price of the contract is set, which is ten minutes from the beginning of such an auction until the deadline for submitting proposals for the price of the contract, as well as ten minutes after the receipt of the last proposal for the price of the contract. The time remaining until the deadline for submitting contract price bids is updated automatically, using software and hardware tools that ensure such an auction, after the initial (maximum) contract price is reduced or the last contract price bid is received. If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.

12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any of its participants has the right to submit an offer for a contract price that is not lower than the last sentence on the minimum contract price, regardless of the "auction step", subject to the requirements provided for in clauses 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 during an electronic auction.

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

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

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

17. If an electronic auction is held in accordance with paragraph 5 of this article, its participant who offered the lowest price of the contract is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price for a unit of work and (or) services 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 site by its operator within thirty minutes after the end of such an auction. This protocol shall indicate the address of the electronic site, the date, start and end time of such an auction, the initial (maximum) price of the contract, all minimum contract price offers 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 are submitted by its participants who made the relevant proposals for the price of the contract, and indicating the time of receipt of these proposals.

(see text in previous edition)

19. Within one hour after the protocol specified in Part 18 of this article is posted on the electronic site, the operator of the electronic site is obliged to send to the customer the specified protocol and the second parts of the bids for participation in such an auction, submitted by its participants, proposals for the contract price of which, when ranked in in accordance with paragraph 18 of this article received the first ten serial numbers, or in the event that less than ten of its participants took part in such an auction, the second parts of the applications for participation in such an auction submitted by its participants, as well as information and electronic documents these participants, provided for by Part 11 of Article 24.1 of this Federal Law. During this period, the operator of the electronic site is also obliged to send appropriate notifications to these participants.

(see text in previous edition)

20. If, within ten minutes after the start of the electronic auction, none of its participants has submitted an offer 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 site places on it a protocol on recognizing such an auction as failed, which indicates the address of the electronic site, the date, time of the beginning and end of such an auction, the initial (maximum) price of the contract.

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

22. The operator of an electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the operation of the software and hardware used to conduct it, the equal access of its participants to participate in it, as well as the performance 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. At the same time, such an auction is held by raising the price of the contract based on the provisions of this Federal Law on the procedure for holding 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 is not entitled to submit proposals for a contract price higher than the maximum transaction amount for this participant, specified in the decision to approve or conclude transactions on behalf of the procurement participant as a result of such an auction;

(see text in previous edition)

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

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

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

A specific step size cannot be determined. Procurement participants can independently choose the size of the reduction (step) from 0.5 to 5% of the NMCC.

How to conduct an electronic auction

The auction is conducted by the operator of the electronic site. It takes place two days after the deadline for consideration of the first parts of applications. If the date falls on a weekend, the deadline is shifted to the first business day.

The operator will hold an auction according to the customer's time zone. Applicants should take this into account. Let's say if the auction time is 9:00 am Kamchatka time, then the bidder from Moscow will enter the auction at 0:00 am.

Such rules are established in parts 2 and 3 of Article 68 of Law No. 44-FZ.

During the auction, participants gradually lower the price of the contract within the limits of the "auction step" - from 0.5 to five percent of the NMTsK. The auction ends if no bids are received within 10 minutes. After that, the bidders have the right to offer a price regardless of the "auction step", but it is impossible to bring down the cost of the contract below the best offer by this moment. When bidders bid the same price, the best bid is the one that comes first.

This procedure is described in Parts 6, 7, 11, 12 and 16 of Article 68 of Law No. 44-FZ.

If the price falls to 0.5 percent of the NMTsK, then an auction is held for the right to conclude a contract. That is, the winner will pay for the right to fulfill the contract. Participants make offers on the following conditions:

• the price of the contract should not exceed 100 million rubles;
• the bidder is not entitled to offer a price higher than the maximum amount of the transaction, which was approved by the organization of the participant. The decision of the legal entity is in the register of participants in the auction (clause 8, part 2, article 61 of Law No. 44-FZ);
• the amount of the contract security is calculated according to the NMCC in the notice.

This is stated in part 23 of article 68 of Law No. 44-FZ.

The operator will post the protocol of the auction on the electronic site within 30 minutes after the end of the auction. The protocol will indicate:

• address of the electronic site;
• date, time of beginning and end of the auction;
• NMCC;
• proposals for the price of the contract, which are assigned numbers depending on the price - from the lowest to the highest (ranking);
• the time at which each proposal was received.

During next hour the operator will send to the customer the protocol and the second parts of the applications of the participants who received the first 10 numbers according to the ranking results. If less than 10 applicants participated in the auction, the operator will transfer the second parts of the applications of all participants, as well as documents in accordance with paragraphs 2-6 and 8 of part 2 of Article 61 of Law No. 44-FZ.

This is stated in parts 18 and 19 of Article 68 of Law No. 44-FZ.

Journal "Goszakupki.ru" is a magazine, on the pages of which leading industry experts give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All journal articles are the highest degree of reliability.

Auction types

The customer needs to decide on the type of auction already at the stage of including the procedure in the regulation.

Consider two types of auctions.

First type of auction- simple, or basic. This is an auction with bidding after bids have been considered. In this situation, participants submit applications, the composition of which the customer determines in the documentation.

After the end of the acceptance of applications, the customer considers the applications of the participants. The customer has access in advance to all the information that he requested from the participants: both the description of the subject of the purchase (goods, work, service), and data about the participant (constituent documents, etc.). The next step is the process of reviewing all applications by the customer. After consideration, the customer decides whether to allow all participants to participate in the auction. The customer publishes a protocol on the results of consideration of applications. How many protocols will be and which protocols will be published by the customer is also prescribed in the procurement regulation. In the protocol following the consideration of applications, the customer can indicate who was rejected and for what reason.

On the appointed day, admitted participants take part directly in the auction.

Trades are last step such an auction.

The winner is the participant who offered the lowest contract price (or the highest price if the auction went through zero and went up).

223-FZ has a definition of an auction, which states that an auction can go down to zero and then go up again. This item should also be included in the procurement regulations.

An analogue of this auction can serve as an auction, which was held under the 41st article of the 94th law. If the customer is just starting to work under 223-FZ, then it probably makes sense to choose this particular auction due to its simplicity.

More complex auction, but more transparent and efficient, another type of auction is considered, in which participants submit an application in 2 parts. Auction with bidding after consideration of the first parts of applications. This is an analogue of the auction, which is currently held in accordance with the 94th law (Chapter 3.1).

Participants submit applications in two parts, the composition of each of which the customer determines in the documentation. Participants submit applications at a time in two parts, but two parts of the application are opened to the customer sequentially - first the first part, then the second. This auction can only be held in electronic form, since it is the electronic platform that will be able to guarantee the anonymity of the participants to the customer.

After the deadline for accepting bids, the customer reviews the first parts of the bids of the participants (usually they contain the technical characteristics of the subject of the procurement, and do not contain information about the participants). The customer has the opportunity to assess impersonally whether such a procurement item suits. Based on the assessment of the subject of procurement in the proposed bids, the customer accepts or rejects certain participants.

On the appointed day, admitted participants take part directly in the auction. Participants in the auction participate under numbers, their names are hidden. According to the results of the auction, participants line up in order from the lowest offered price (winner), and wait for the consideration of the second parts of applications.

After that, the customer considers second parts of applications(usually they contain information about the participants - constituent documents, certificates, licenses, etc.)

The customer also has the right to reject some participants in the second part of the application.

The winner is the participant who was admitted based on the results of consideration of the second parts of the bids and offered the lowest contract price (or the highest, if the auction went through zero and went up).

Auction step

The auction step is also prescribed in the procurement regulation and then indicated in the documentation:

1. Fixed. Examples: 1000 rubles, 5% of the NMTs (initial minimum price).
2. Floating. Example: 0.5% to 5% of NMC. The most popular and proven step. The customer limits the price range in which participants can make their offers to percentages or fixed amounts.
3. With step down in the absence of proposals. Example: step 5%, if the participants did not make a bet, the step is reduced by 0.5%. The most popular in paper auctions is non-electronic. The regulation should contain a procedure that describes what actions are provided in the event of no bids.
4. Arbitrary number (not recommended, participants can reduce the price by 1 kopeck and delay the auction).

Auction time

The time of the auction is also prescribed by the customer in the procurement regulations and documentation.

1. Fixed trading start and end times (for example, from 9:00 to 13:00) Not recommended.
2. Bidding with an extension from the last bid (for example, the auction start time is 9:00 and the auction time is extended by 30 minutes from the moment the last bid was submitted. In this case, if no one bids during 30 minutes, the auction is declared completed).

In the Procurement Regulations, it is necessary to indicate the definition of an auction, in which cases the customer uses such a form of procurement as an auction, whether this form of procurement is a priority, with some exceptions, and so on. It is also necessary to indicate in what form the auction can be held: in paper / paper, electronic, or both, and indicate the conditions for the application of one form or another.

Determining the method and form of procurement

Procurement method selection algorithm:

1. Determine if you can buy from sole supplier. If not, then:
2. Define OKDP.
3. Check for the presence of OKDP in 616 - PP (determine the form).
4. Determine the method according to the situation.

Open and closed auction

Information on the open procurement procedure is published on the official website, on the trading platform (if it is electronic) and any company that has seen it can apply for participation.

If information about the purchase is not subject to publication on the official website 1 or may not be published on the official website 2, the customer has the right to hold a closed auction.

In this case, the auction is not included in the procurement plan, the documentation is not published on the CAB, the participants are specially invited persons.

In all other cases, the auction must be open.

1 Procurement information is not subject to publication on the CAB:

• constituting a state secret, provided that such information is contained in the notice of procurement, documentation or in the draft contract;
• information on procurements, for which a decision of the Government of the Russian Federation was made in accordance with Part 16 of Art. 4 223-FZ.

2 The customer has the right not to publish information on purchases, the cost of which does not exceed 100/500 thousand rubles. (depending on the customer's revenue: over 5 billion rubles - price threshold - 500 thousand rubles, less than 5 billion rubles - 100 thousand rubles).

Inclusion in the procurement plan

Even if, according to 223-FZ, the customer starts working next year, the procurement plan must be published before 12/31/2013. This rule is contained in Government Decree No. 908

We include the auction in the plan of the year in which the notice of the auction will be published. Example, notice will be published in December. At the same time, the procedure itself will begin in December, end in January, the contract will be concluded in February, and the execution of the contract is scheduled for April. In this case, the date of publication of the notice is December, respectively, we include the auction in the plan for December. Subsequently, according to the results of the auction, the report is published by the date of the conclusion of the contract, for example, in February. The customer reports on the date of conclusion of the contract, and not on the date of execution of the contract.

The form of the procurement plan can be viewed in the Government Decree of September 17, 2012 No. 932 “On approval of the Rules for the formation of a procurement plan for goods (works, services) and requirements for the form of such a plan”. An excerpt from that ruling:

“Item 8. The procurement plan may be adjusted, including in the following cases:

1. changes in the need for goods (works, services), including the timing of their purchase, the method of procurement and the deadline for the execution of the contract;
2. changes by more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to purchase in accordance with the planned volume Money provided by the procurement plan;
3. in other cases established by the procurement regulations and other documents of the customer.

9. If the procurement of goods (works, services) is carried out by holding a tender or auction, changes to the procurement plan are carried out on time no later than posting on the official site Russian Federation in the information and telecommunications network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services, notices of procurement, procurement documentation or changes made to them.

Other cases of plan adjustments must be established in the documents:

• planning order,
• planning statement,
• other document.

The following cases must be considered:

• purchase cancellation,
• savings on the results of purchases,
• occurrence of unforeseen circumstances,
• the emergence of a production need,
• issuance of an order to the customer by the body authorized to exercise control,
• other cases.

If the plan is corrected, 2 documents must be posted:

• Procurement plan in a new edition (clause 6 of PP No. 908).
• A document containing a list of changes to the plan (clause 5 of PP No. 908).

Be sure to include:

• if the competitive purchase did not take place and the contract is concluded with a single supplier, then the purchase plan is not adjusted.

Documentation development

Based on paragraph 10. part 10. Article 4 of Law 223-FZ in the documentation determines the procedure for providing clarifications to the provisions of the documentation.

Usually the documentation consists of several parts:

• General part (the same for all purchases).
• Information card.
• Specifications (TK).
• Draft contracts for each lot.
• Forms to be filled out by the participant.

Provision of documentation

• According to clause 6, part 9, article 4, the procedure for providing auction documentation determined in the notice of the auction.
• The customer has the right to establish that a fee is charged for the provision of documentation on paper.
• In this case, it is necessary to determine in the documentation the amount, terms and procedure for making such a fee.
• It must be indicated that the documentation is provided in Russian.

Requirements for a notice of purchase in accordance with part 9 of article 4 of Law No. 223-FZ

Advantages of electronic procurement

• Compliance with the general policy of the state.
• Compliance with the requirements of Government Decree No. 616.
• Fulfillment of the requirements of the Roadmap for the NSR.
• Saving time.
• Qualified Contractors.
• A convenient tool for procurement - everything is in the hands of the CUSTOMER.
• Budget savings.

ETP according to Law No. 223-FZ

Platform rates

• Single license: 5 000 rubles.
• Three months: 14 000 rubles.
• Six months: 28 000 rubles.
• Twelve months : 55 500 rubles.

Conducting online negotiations of web conferences through the ETP

• Scheduling and scheduling a virtual meeting.
• Participant invitation.
• Video and audio conferences, chat.
• The possibility of exchanging documents.
• "Virtual board".
• Splitting the desktop.
• Video recording, recording of contracts.

Acceptance of applications in electronic form

When holding an auction in electronic form using the ETP, the customer does not need to independently accept and register participants' applications - these actions are carried out by the ETP operator.

Part 2 of Article 3 of Law No. 223-FZ defines the minimum deadline for accepting bids for the auction

A notice of a tender or auction is posted in accordance with part 5 of article 4 of Law No. 223-FZ at least twenty days before the deadline for submitting applications for participation in the tender or auction.

Calculation of terms

Article 191 of the Civil Code of the Russian FederationThe start of a time period defined by a time period.

The period of time determined by the period of time begins on the day after calendar date or the occurrence of an event that determines its beginning.

Article 193 of the Civil Code of the Russian Federation Deadline on non-working day.

If the last day of the term falls on a non-working day, the expiration date of the term shall be the next working day following it.

Article 194 of the Civil Code of the Russian Federation The procedure for performing actions on the last day of the term.

1. If a deadline is set for the performance of any action, it can be performed up to twenty-four hours last day term.
   However, if this action must be performed in an organization, then the period expires at the hour when the corresponding operations are terminated in this organization according to the established rules.
2. Written statements and notices submitted to the communication organization before twenty-four hours of the last day of the term are considered to be made on time.

FOR EXAMPLE:

The deadline for placing a notice of the competition (auction) is April 1, 2013. (Monday).

The notice shall be posted at least 20 days prior to the closing date for submission of applications.

Thus, the 1st day of the 20-day period is April 2, the 20th day is April 21 (Sunday).

However, if the expiration date falls on a non-working day, the expiration date is the next business day following it.

Therefore, the deadline for submission of applications cannot be earlier than April 22nd.

Amendments to the notice and documentation (part 11, article 4 of Law No. 223-FZ)

Changes are posted on the CAB within 3 days from the date of their adoption.

If, during the bidding, changes are made by the customer later than 15 days before the deadline for filing bids, the deadline for filing bids must be extended so that from the day the changes are posted on the CAB until the deadline for filing bids for participation in the procurement, such a period is at least 15 days .

Auction participants in accordance with part 5 of article 3 of Law No. 223-FZ:

Anyone can be a bidder entity or several legal entities acting on the side of one procurement participant, regardless of the legal form, form of ownership, location and place of origin of capital, or any individual or several individuals, acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant that meet the requirements established by the customer in accordance with the procurement regulations.

Opening access to applications

When conducting a competition not in electronic form, this procedure is usually called “Opening of envelopes with participants' applications”. The details of this stage should be spelled out in the Procurement Regulations.

AT electronic competition the correct name for this stage is "Opening access to applications".

It is recommended that after opening access, draw up and publish on the official website a protocol for opening access, which indicates the number of applications received, the names of participants, the proposed price and other indicators that are evaluation criteria.

Consideration of applications

At the stage of consideration of applications, the customer can send a request additional documents participants who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

Winner Selection Steps

Selection criteria

Auction Winner

According to paragraph 4 of Art. 447 of the Civil Code of the Russian Federation:

The winner of the auction is the person who offers the most high price.

According to part 2 of Art. 3 of Law No. 223-FZ:

The winner of the auction at the tender is the person who offered Better conditions execution of the contract in accordance with the criteria and procedure for evaluating and comparing bids, which are established in the tender documentation on the basis of the procurement regulations, at the auction - the person who offered the lowest price of the contract or, if during the auction the price of the contract is reduced to zero and the auction is held for the right conclude a contract, the highest bidder contract.

Cancellation of the auction

According to Art. 448 of the Civil Code of the Russian Federation if otherwise provided by law or in the notice of bidding, the organizer of an open auction has the right to refuse to hold a tender - no later than 30 days (from the auction 3 days) before the date of its holding.

Law No. 223-FZ does not provide for such a provision, the customer can provide for this in the notice.

If the organizer of an open auction refused to hold it in violation of the specified time limits, he is obliged to compensate the participants for the real damage they have suffered.

It is recommended to include the following wording in the Procurement Regulations and in the notice: “The customer has the right to refuse to hold the auction at any time before choosing the winner of the auction. Notice of cancellation of the auction is posted by the customer on the official website late afternoon following the day the decision to refuse to hold the auction was made.

Rebidding

Rebidding can be carried out only if the Procurement Regulations provide for such a possibility and the procedure for its implementation is prescribed. It is also necessary to indicate in the documentation the possibility of rebidding.

Rebidding can be a fight for first or second place. In public procurement, it completes the electronic auction.

Participation in the auction is voluntary.

There can be two forms of rebidding: face-to-face - online auction, correspondence - submission of proposals.

What should the final protocol contain?

Part 5 article 4 of Law No. 223-FZ:

... In the event that during the conclusion and execution of the contract, the volume, price of the purchased goods, works, services or terms of the contract compared to those indicated in the protocol drawn up based on the results of the procurement ...

Conclusion of an agreement

Based on the results of the auction procedure, the customer is obliged to conclude an agreement with the winner.

According to Art. 448 of the Civil Code of the Russian Federation If the customer evades signing the contract, the supplier has the right to apply to the court with a demand for compulsion to conclude the contract, as well as for compensation for losses caused by evading its conclusion.

According to Art. 448 of the Civil Code of the Russian Federation If the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than 20 days or other than specified in the notice period after the completion of the auction and registration of the protocol.

Treaty

Who signs the contract first? The procedure for signing the contract must be determined in the procurement regulations.

The contract can be concluded both in electronic form and in paper form.

Is it possible to conclude an agreement with a person who has taken “second place”? It is possible in the event that the winner evaded the conclusion of the contract, and the procurement provision provides for the possibility of concluding a contract with the participant who took second place.

Can the contract be changed upon signing? On execution? You can change in which direction - must be provided in the position.

Monthly report

All purchases from one penny are included in the report.

part 19 of Art. 4 Law 223-FZ

If the auction procedure has taken place, more than two bids have been admitted, then the customer shall include information about the auction in the first line of the monthly report. The first line includes both the second and third lines + competitive purchases.

If the auction did not take place, 0 bids were submitted and the customer, following its results, concludes an agreement with a single supplier, then information about this is entered in the second line of the monthly report.

If there is one accepted bid in the auction and the customer concludes a contract with this supplier, then we still enter it in the second line of the report, since the competitive procedure did not take place and this is a purchase from a single supplier.

RNP (Register of dishonest suppliers)

If the winner of the tender or another person obliged to conclude a contract evades the conclusion of the contract, the customer must send information about such a participant to the authorized body for inclusion in the register of unscrupulous suppliers in accordance with Decree of the Government of the Russian Federation dated November 22, 2012 No. 1211 "On maintaining a register of unscrupulous suppliers, provided for federal law“On Procurement of Goods, Works, Services by Certain Types of Legal Entities””.

Questions from listeners

Question: How many days before the auction details are posted, do I need to make changes to the plan?

Answer: Terms are not regulated. The customer can specify the terms in the regulation, can publish the plan and publish the notice at the same time.

Question: What document to approve changes to the plan?
Answer: Protocol, order or other documents containing a list of changes to the plan. The customer installs it himself.

Question: What should I do if the customer entered the purchase into the auction plan, and then changed his mind to carry it out?
Answer: You need to make changes to the plan.

Question: Does the customer place a procurement plan for audit in accordance with 223-FZ on the CAB? 400,000 rubles are planned, is the plan for this purchase placed as part of the general plan or separately on another OOS tab?

Answer: If this is a mandatory audit purchased by an open tender under Law No. 94-FZ, then it is not included in the procurement plan (an exception from the scope of Law No. 223-FZ). The procurement of an initiative audit in the manner prescribed by Law No. 223-FZ is included in the plan, in the report, a notice is published, everything is in the general order.

Question: For the purchase of medicines, the customer places a plan for three years, and for the rest (gas, electricity, stationery) for how long?

Answer: For everything except medicines and innovative high-tech products, the procurement plan is published for a period of one year.

Question: If the regulation provides for a pre-qualification selection of a supplier, can the customer, based on the results of the selection, hold a closed auction among the selected suppliers for the right to conclude a contract?

Answer: If the customer makes a pre-qualification selection, then it must be open and information about it must be published on the CAB. According to its results, only selected participants can be invited, but the auction cannot be made completely closed. Information about the auction is published on the CAB, but it can be indicated in the documentation that applications are accepted only from participants who have passed pre-qualification.

Question: Who can help with standard documentation?

Answer: The form of standard documentation is not provided anywhere. Its examples can be viewed at the OOS, or developed independently, or purchased from specialized organizations.

Question: If medicines are purchased monthly for up to 15,000 rubles, do you need to make a plan?

Answer: Government Decree No. 932 states that the customer may not include in the purchase plan the cost of which does not exceed 100,000/500,000 rubles.

Question: At the beginning of the year, the customer concludes an agreement with the printing house (for printing weekly newspaper) per year for a total amount of approximately 1,500,000 rubles. And during the year he pays the bills of the printing house for about 30,000 rubles 4 times a month upon completion of work. What is the best way to purchase this service in accordance with 223-FZ and should it be included in the procurement plan?

Answer: When concluding an agreement for 1,500,000 rubles at the beginning of the year, it must be included in the plan. How to purchase printing services, the customer regulates independently in his procurement regulations.

Question: From what amount does the "one purchase - one contract" scheme work?

Answer: One purchase - one contract, if the customer does not have a contract, then this is one transaction on a check, on a consignment note, on an invoice.

Question: Purchased paper for 50,000 rubles - also buy in electronic form?

Answer: If the regulation says that the customer can purchase goods from a single supplier, the cost of which does not exceed 100,000 rubles, then in accordance with PP No. 616, paper can be purchased not in electronic form. But at the same time, it is also necessary to take into account the total volume of purchases, how many competitive procedures are carried out in total.

Question: If the share of state property is less than 50%, is Law No. 223-FZ valid?

Answer: Law No. 223-FZ is valid if at the same time the customer carries out a regulated type of activity or is a natural monopoly.

Question: Why should the refusal to conduct bidding be included in the notice, and not in the documentation?

Answer: This is a requirement of the Civil Code of the Russian Federation.

Question: Can the customer not prescribe the rebidding in the regulation, but indicate it in the documentation?

Answer: Documentation should not be expansive, i.e. it is not necessary to include in the documentation those norms that are not specified in the Regulations. Rebidding is not enough to indicate only in the documentation.

Question: Law No. 223-FZ defines a list of points for notification and there is no term for imprisonment and a procedure for refusal. It turns out that in addition the customer must place another part of the notice and write everything there?

Answer: Law No. 223-FZ does not indicate that this is an exhaustive list that a notice should contain. The customer can add it at his own discretion. Including, you can supplement it with a refusal and publish it on the site.

Question: What documentation should be placed on the CAB if the purchase was made according to a sales receipt, for example, in the amount of 50 rubles, a sanitary spare part was purchased?

Answer: Documentation for the purchase of up to 100,000/500,000 rubles does not have to be placed on the CAB. No need to publish a notice, no need to include in the plan. Only included in the report once.

Question: Are reports generated automatically on OTS?

Answer: At OTS, reports are generated automatically for those purchases that are indicated on the site.

Question: Bidding in progress. Trades did not take place. In the 1st case, 1 application was submitted, an agreement was concluded with this participant. In the 2nd case, there were no applications; we concluded an agreement with a single supplier. How to choose a procurement method, when the customer will reflect the purchase in a monthly report for each case, is it necessary to make changes to the procurement plan?

Answer: If the Regulations provide that, following the results of a failed competitive procurement of any method, an agreement is concluded with a single supplier, then no changes are made to the plan.

Question: Is the auction held for any amount?

Answer A: The customer has the right to hold an auction for any amount and when it is held is determined in the Procurement Regulations.

Question: Why antimonopoly authorities require placement separate file"Notice"?

Answer: In paragraph 21, part 4 of the Government Decree No. 908 of 10.09.2012. it is indicated that the customer's representative, using the functionality of the official website, generates a notice of purchase, which includes the information provided for in clause 9, part 1.

Question: If the contract for the supply of goods was concluded on December 30, 2013, is it necessary to include it in the procurement plan (because Law No. 223-FZ comes into force on 01/01/2014)

Answer: No, it is not necessary if everything is agreed in the contract essential conditions.

Question: PDF format in the documentation is legal?

Answer: If a PDF is not copy-protected, but allows searches in it and copying fragments, then it is legal for use in documentation.

Question: If the purchase has been made, but the contract has not yet been concluded, is it possible to change the decision of the commission on the conclusion of the contract, since the commission has incorrectly considered the applications?

Answer: If the commission made a mistake in the protocol, the customer can publish another protocol in which he cancels the previous protocol and publishes the correct decisions.

Question: An LLC organization (there is no share of the Russian Federation in the authorized capital of the company) won an auction for trust management or lease of boiler networks and other infrastructure from the local administration, i.e. own and use public property. Does such an organization need to be guided by Law No. 223-FZ?

Answer: If the organization LLC and it does not have a share in the authorized capital of the Russian Federation, it is not engaged in a regulated type of activity and is not a natural monopoly, then it should not be guided by Law No. 223-FZ.

Question: The customer starts working under Law No. 223-FZ since 2014. For some purchases it is necessary to carry out competitive procedures (for example, for fuel and lubricants). What to do if there is no time to carry out the procedures, the supply of fuel and lubricants is needed already in the first days of January. Tell me which way to choose?

Answer: The contract at the beginning of January 2014 can be concluded right now without any procedures. Delivery for January is indicated in the contract, the volume and cost are specified, and such an agreement for Law No. 223-FZ will no longer exist. And from January 2014, the customer can begin to conduct competitive purchases.

Question: If the product delivered is not as described and technical specifications, the customer has the right to terminate the contract and purchase from a single supplier?

Answer: In this case, the customer is guided by the Civil Code of the Russian Federation, more precisely, the articles on the acceptance of goods. You can subsequently terminate the contract for non-conforming deliveries, and the right to purchase from a single supplier must be indicated in the description of the purchase from a single supplier, among other cases of the Procurement Regulations.

Question: Is it possible to change the terms of the contract in the supplementary agreement, if so, how to do it?

Answer: If it is necessary to change the term of the contract, supplementary agreement with a participant. It is published on the CAB in the procurement card “information on changing the contract”.

Question: How many quotes can be held per month, quarter. What law governs this?

Answer: The law does not regulate the number of quotes per month. This can be determined in the Procurement Regulations independently.

Question: Should the report include purchases under contracts in 2013, concluded not under Law No. 223-FZ, but paid for and received in 2014?

Answer: The report includes purchases by the date of the conclusion of the contract, or the date of the transaction. If the contracts were concluded in 2013, and the customer plans to work under Law No. 223-FZ from 2014, then these contracts are not included in the report.

Question: If a long-term service agreement was concluded with a supplier before Law No. 223-FZ came into force, does it need to be renegotiated under the new Law?

Answer: If in the contract concluded before the entry into force of Law No. 223-FZ, all essential conditions are agreed, i.e. the total volume, price, quantity, subject of the contract are indicated, then the contract does not need to be renegotiated.

Question: How to reflect in the report the amounts under the contract, which is paid monthly?

Answer: Such an agreement is reflected in the report once by the date of conclusion for the entire amount.

Question: What does a mandatory audit mean, for which institutions is it mandatory and for what period is it performed?

Answer: Mandatory audit is regulated by Article 5 of Law No. 307-FZ of December 30, 2008.

Agreement for a mandatory audit of the accounting (financial) statements of an organization in whose authorized (share) capital the share of state ownership is at least 25 percent, as well as for an audit of the accounting (financial) statements state corporation, a state company, a state unitary enterprise or a municipal unitary enterprise, is concluded based on the results of placing an order by bidding in the form open competition in the manner prescribed by the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

Question: Does Law No. 223-FZ apply to the lease of real estate? Should such contracts be included in the monthly report?

Answer: Rent is subject to Law No. 223-FZ. In the monthly report, the rent is included by the date of the contract for the entire amount.

Question: In which line of the report should monopolists be included?

Answer: Include in the line of the sole supplier, if the Regulation provides for monopolists in the case of a single supplier.

Question: Contracts for utility services for 2014 were concluded in December 2013. In the plan of which year and in the report of which month should they be included?

Answer: The contract is included in the plan by the date of the notice of purchase. The contract is included in the report on the date of conclusion of the contract.

Question: If the request for quotations is planned to be made in in electronic format, and suppliers send proposals on paper, what to do?

Answer: If the customer has published a request for quotation, an auction and indicated in the documentation that bids from participants are accepted in electronic form, through electronic platform, then in this case, the customer has the right to ignore the proposals on paper.

Question: Customer Kindergarten purchases medicines only for emergency care, should the purchase plan be drawn up quarterly or annually?

Answer: All customers are required to draw up a procurement plan for at least one year. For medicines, the procurement plan is drawn up for three years.

Question: Is there a list of goods for which it is necessary to conduct only auctions under Law No. 223-FZ?

Answer: There is a list of purchases in electronic form, where the customer can hold both an auction and a competition, and a request for prices.

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 recall the work on electronic trading floors(ETP):

Participants, whose first parts of applications are allowed to participate, enter the ETP auction room on the appointed day and hour. Bidding takes place in real time: for example, if the ETP has scheduled auctions for 15:30 Moscow time, then suppliers from Novosibirsk will sit down to participate at 19:30.

The auction step is from 0.5% to 5% of the NMTs. For example, if the NMC is 1,000,000 rubles, you can set 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 a standard step of 0.5%. On the most popular Sberbank-AST site, 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 the “step”, or they are within the range from the current price to the initial maximum.
• A participant cannot submit an offer that is greater than or equal to his previous offer.
• You can not submit an offer equal to zero.
• The participant cannot "play with himself", that is, reduce the current price if it was offered by this participant.
1. You have 10 minutes per step. The duration of the auction automatically increases by 10 minutes when any of the participants offers the best price. Therefore, the rest of the participants always have time to think about their next step.

If a competitor shifts gears

Reduces price quickly and aggressively

The participant makes his step instantly (5-10 seconds) after the step of his competitor with and the maximum step size is 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, as he considers 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.

Wearing 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 can be delayed 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 the participant can choose a slow tactic, and then apply 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 that a competitor is 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 be delayed (for example, earlier in similar auctions you sat for 5 hours) and you cannot afford to sit at the computer for a long time, put the robot to participate with a predetermined minimum price - this can be done a day before the start auction. So far, only Sberbank-AST and RTS-Tender have such an opportunity.

You can also contact bidding support specialists who will participate in the bidding for you and drop to the price that you have indicated.

If a competitor offered a round price

Perhaps one of the most frequently used scenarios. Imagine, there is a struggle, a decrease by 30-40% from the NMC, and we understand that we and our competitor are close to the threshold for submitting the latter price offers and the outcome can be decided by one downgrade. And then the competitor puts an even figure, it looks like this:

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

What to do?

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

How to behave in the "Taran" scheme?

This is a well-known scheme for playing a dishonest game. Two participants deliberately aggressively reduce the price, while attaching documents that do not comply with the law in the second part of the application 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, thus 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 bidding with a favorable price for itself.

What to do?

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

In the event that the “ramming” scheme was really 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 with its minimum price in advance.

conclusions

1. In an electronic auction, there is no secret way that is guaranteed to lead you to victory. Nevertheless, one must always be attentive, be able to correctly interpret the actions of other participants, notice the time of submission of price offers and the size of competitors' steps.

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

   During the auction, do not get carried away trying to win the purchase at any cost. In our practice, we have seen cases when a client gets excited and it doesn’t matter to him at what price to win from a competitor. The consequences can be negative: work to zero or minus, or evasion from signing the contract, since the contract cannot be executed for the proposed amount.

   Do not be afraid to use the robot to participate in electronic auctions.

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

How the bid step system works

During the bidding process in the auction format, we will automatically increase your bid to the amount you set maximum bid to maintain your position as the top bidder or to bid the item's original price. A bid increment is the minimum amount by which your bid can be raised.

What determines the size of the bid step?

The bid step is determined based on the highest current rate by product.

Note. Although we have indicated our usual bet steps in the table below, we may change these values ​​up or down from time to time. We may change them throughout our site or in specific areas of our site to test new features, optimize the site, improve its usability, and for other purposes.

Is it possible to increase the bet by an amount greater than the size of the standard step?

The bet can be increased by a number higher than the standard step, if necessary:

reach the starting price. For auctions with a starting price, we will automatically increase your bid until the starting price is reached, after which bidding will continue. However, we will not exceed your current maximum bid.

outbid the highest bid of a competing bidder. We will increase your bid by a number greater than the bid increment to outbid another bid without exceeding your maximum bid amount.

Can my bet be outbid by the amount of an incomplete step?

Your bet can be outbid by the amount of an incomplete step. The bid of the winning bidder must exceed the next maximum bid by only one cent.

Example:

You are the first bidder for an item with a starting price of $8.50 and your maximum bid is $20. Your initial rate will be $8.50. If a second bidder bids $9, your bid will be automatically raised to $9.50.

If a third bidder bids $20.01, he will become the leading bidder at $20.01. Because the $20.01 bid is over $10 and more than your maximum bid, the third bidder will win the auction unless you increase your bid or another bidder bids a higher maximum bid.