Conducting an electronic auction. Learning to participate in electronic auctions: stages, terms, requirements Calendar of an electronic auction for 44 fz
Before open auction in electronic form, the customer places a notice of the upcoming auction on the official website at least 20 days before the deadline for submission of applications. In this case, if the price of the lot does not exceed 3 million rubles, the customer has the right to place such a notice at least 7 days before the deadline for accepting applications.
In the notice of the electronic trading are indicated:
- the address of the electronic trading platform where the auction will take place; the name and contact details of the customer;
- the subject of the contract (the quantity of goods supplied or the scope of work);
- place of delivery of goods or performance of work;
- lot (contract) price;
- deadlines for accepting applications for participation;
- date of the open electronic auction.
The notice of an electronic auction is duplicated on the electronic trading platform selected by the Customer. Additionally, the deadline for consideration of applications and a closed list of documents that must be submitted to the participant to confirm compliance with the requirements are reported. auction documentation.
Explanation of the provisions of the auction documentation
After the notice is published, the order placement participant has the right to send a request for clarification of the auction documentation. Upon receipt of such a request, the operator redirects it to the customer within an hour without disclosing the name of the participant who asked the question. The customer, within 2 days from the date of receipt of the request, submits an explanation of the auction documentation on the all-Russian public procurement website. At the same time, the response time to the request is controlled by the FAS in automatic mode by means of the site.
Requests for clarification can be accepted by the customer no later than 5 days before the deadline for accepting applications for participation, if the lot price exceeds 3 million rubles, and 3 days in advance if the contract price is no more than 3 million rubles.
Changes to the auction documentation can be made no later than 5 days before the deadline for accepting applications for participation in electronic auction. At the same time, the deadline for submitting bids for electronic auctions should be extended so that from the moment the changes are published on the all-Russian public procurement website and until the deadline for accepting bids, at least 15 days remain (if the lot price is more than 3 million) or at least 7 days (if the contract price does not exceed 3 million).
Consideration of the first part of the application for participation in the auction
If the application is executed properly, within an hour from the moment of its receipt, the operator blocks the funds intended for participation in electronic trading (before this, the participant must deposit money into the account of the electronic site). The amount of blocking is determined by the amount of security for the application for holding an auction in electronic form. The application is assigned serial number. It should be noted that an order placement participant can submit only one application for participation in a particular electronic auction.
The application is rejected in several cases:
- if there are not enough funds on the participant's account to block the order security;
- if accreditation for the ETP ends in three months or earlier;
- in case of non-compliance of information about the product with the requirements of the auction documentation;
- when providing false (incomplete) information;
- if a participant attempts to submit two or more applications for participation, all of his applications are returned to him;
- when submitting an application after the deadline for admission.
Conducting an auction in electronic form
Electronic auctions are held 2 days after the consideration of the first parts of applications, on a business day. Bidding is carried out by reducing the total initial (maximum) price of the lot specified in the notice. During the event, any offers that change the best price can be submitted to the auction, with an auction step from 0.5 to 5% of the initial contract price. At the same time, you cannot worsen your own price offer and improve your offer if it is on this moment the best. The time for accepting proposals for the price of a lot from the participants in placing an order is 10 minutes from the beginning of the auction in electronic form. The time is updated automatically after the initial price of the lot is reduced using the software and hardware of the electronic platform. If within the next 10 minutes no offer to reduce the price has been received, the auction will automatically end. 
Bidding is recognized as valid if the number of participants who submitted an application and took part in the electronic auction is more than one.
Consideration of the second parts of applications
Within an hour from the moment of placing the protocol of the electronic auction on the electronic trading platform, the operator of the electronic trading platform sends the second parts of the bids to the customer along with the first ones, ranked in descending order. The customer reviews the first 10 applications until 5 matching requirements are identified. If there are none, the operator sends the remaining orders to the customer.
Conclusion of the state contract
The state contract is concluded with the winner of the auction in electronic form or with a person whose application is recognized as meeting the requirements established by the auction documentation. At the same time, those participants who received the first 3 places according to the results of electronic trading do not have the right to withdraw their applications. The collateral remains blocked until the conclusion of the contract.
The process of concluding a contract is carried out with the participation of the operator of the electronic trading platform and in the presence of an ES key certificate, which gives legal significance to the actions.
In the event that an order placement participant evades signing a state contract, the operator of the electronic site enters information about the participant into the register of unscrupulous suppliers for a period of 2 years without the possibility of appeal, notifies the participant about this and transfers the amount of the application security to him.
Visually, the timeframe during which an electronic auction is held, from the moment the notice is placed to the conclusion of the contract, can be summarized in the following table:
Cancellation of the electronic auction
The customer may refuse to hold an open auction, for which he places a corresponding notice on the all-Russian public procurement website. The customer has the right to decide to cancel the auction no later than 10 days before the deadline for submitting applications for participation. If the lot price is less than 3 million rubles, electronic auctions can be canceled 5 days before the deadline for submitting applications.
- Regulated by the provisions of Article 68 of Law No. 44-FZ.
Conducting an open auction in electronic form.
An electronic auction is held at the ETP on the day specified in the notice of its holding.Determining the date of the auction.
- The day of the auction is the day following the expiration of 2 days from the date of the expiration of the period for consideration of 1 parts of applications for participation in this auction.
- The start time of the electronic auction: is set by the ETP operator, taking into account the time zone in which the Customer is located.
Reducing the price of the electronic auction.
- The initial (maximum) price is set by the Customer, justified in the auction documentation.
- Auction step - from 0.5% to 5% of the initial price.
- It is impossible to submit an offer with a price equal to or higher than previously submitted by other participants in the auction 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.
Protocol of the electronic auction.
- Placed on the ETP half an hour after the end of the electronic auction.
- ETP address
- The date and time the auction started.
- The date and time the auction ends.
- Initial contract price
- All contract price bids (minimum) made by bidders.
- Offers are ranked in descending order, indicating the numbers of applications submitted by the participants who made these price offers.
- The time of receipt of these proposals is indicated.
Up 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.
- Such auctions are held until the contract price reaches no more than one hundred million rubles.
- Restriction in accordance with the decision to approve a major transaction, no more than the amount specified in this decision.
- Enforcement of the contract - the same as specified in the auction documentation.
An electronic auction is the most commonly used method for placing orders in the public procurement system. Like any other procedure, one of the initial stages of its implementation is the placement of a notice in the EIS. We are offering to you brief instructions how to fill out and publish a notice of an electronic auction.
At the first stage, it is necessary to get into the register of purchases of the closed part of the EIS. You can create a notification with or without a “binding” to a schedule.
In the menu that opens, be sure to fill in the "name of the customer" field, and, for convenience, you can choose the method for determining the supplier, IPC, the subject of the contract or others
Choose the position of the schedule
In this tab, some of the information is integrated from the schedule. You only need to select an electronic trading platform where the notice is planned to be placed, indicate the contact details of the person responsible for placement, and you can also specify another Additional information regarding the notice (clause 1 44-FZ). Save and move on.
Information about the procurement procedure
To fill in the fields in this tab, part 2.3, part 2, part 3 of the Law on contract system. It is also necessary to indicate the place and procedure for submitting applications for participation in the electronic auction.
In this tab, we will fill in the information required by paragraph 2 of Article 42 of 44-FZ. Requirements may vary depending on the terms of the purchase.
On this page, we need to indicate restrictions, prohibitions, benefits in accordance with Article 14 44 of the Federal Law (if any). If the information was specified in the schedule, then it is integrated from it into this field. Next, you need to specify information about the procurement object, which is also transferred automatically from the schedule plan.
We remind you that, in accordance with part 12 of article 21 44 of the Federal Law, it is not allowed to place notices of procurement in the unified information system if such notices contain information that does not correspond to the information specified in the schedules.
Let's go to this tab. There are a lot of requirements and they are written in the Law on the contract system. They will also be automatically set when the notification is synchronized with the schedule.
The notice must contain:
- Site address of the electronic platform
- Closing date for consideration of applications
- Bidding Date (Business Day Only)
- The amount of the application security
- Benefits for vendors such as small businesses
- Requirements for the supplier of goods, works, services
- Exhaustive list of documents
- Restrictions for foreign goods and legal entities
Documentation must contain:
- Name and description of the purchase
- Description of the terms of the contract, the term of signing
- Participant application requirements
- Deadlines for submission, consideration of applications and holding a trading session
- The size and conditions of the contract
- Information about the responsible person of the customer, contact details
- The procedure for clarifying the provisions of the documentation by the customer
- Draft contract
The documentation cannot contain requirements for the execution and form of the application.
Request for clarification on an electronic auction under 44-FZ
If you find errors, contradictions or inaccuracies in the documentation, then no later than 3 days before the deadline for submitting applications, you can submit a free-form request for clarification of the provisions of the auction documentation in the form of a file signed with an EDS on the trading floor.
Otherwise, the customer is obliged to make changes to the documentation, publish new editions with zero deadlines for filing applications. This is a common occurrence, so don't be afraid to ask questions, especially since it's anonymous.
If the response to the request for clarification is not complete or formal, please resubmit the request. You can send three requests for one auction under FZ-44. Clarifications should not change the essence of the documentation and contradict it.
Application for an electronic auction under 44-FZ
To participate in the auction under 44-FZ, you need to submit an application and attach documents in personal account electronic platform.
The electronic auction under 44-FZ is arranged in such a way that the participant first deposits the security of the application, then the contract (in case of victory).
If you do not conduct a thorough analysis and miscalculation of the purchase, you can lose money and get into the register of unscrupulous suppliers. So take a good look at the documentation.
Ensuring the application of an electronic auction participant under 44-FZ
The customer is obliged to establish the security of the application under 44-FZ. In an auction in electronic form, it can only be monetary.
How is the electronic auction under 44-FZ
On the first working day after the expiration of 2 days from the date of consideration of 1 parts of applications, trading floor conducts an electronic auction under 44-FZ (trading session). The procedure is given in article 68 of the Federal Law-44.
The electronic auction starts on a business day in the local time (time zone) of the customer. According to the supplier's time, this can be early in the morning or late at night and capture a day off.
On average, an electronic auction under 44-FZ lasts from 1-2 hours. Sometimes auctions stretch for 10 hours or more.
The auction for FZ-44 is held by lowering the initial price. The allowable price reduction range is called the auction step. Minimum step is 0.5%, and the maximum is 5%.
The time for submitting the next price offer is 10 minutes, so if you have experience and iron nerves, you will have time to be distracted by a cup of coffee, and your competitors will be nervous.
Sometimes it happens that participants in the electronic auction 44-FZ want to get a contract at any cost. If the price drops to 0.5% of the maximum, then bidding begins to increase the price for the right to make contact with the customer. That is, the winner will also pay the customer himself (and this is legal and is not considered bribery).
The limit of such generosity is limited to 100 million rubles.
A similar calculation is used by bidders for the design, development of technical specifications, when the winner plans to win the second stage and earn much more than he invested.
After 10 minutes have passed from last sentence trading session… continues! Other bidders can improve their bids and bring them closer or equal to the winner's price.
Additional filing in an electronic auction under 44-FZ continues for another 10 minutes after the receipt of the last offer.
The protocol of the auction is published by the electronic trading platform within half an hour from the moment of its completion. Then, within an hour, the operator of the electronic platform sends the second parts of the applications to the customer for consideration.
Before the expiration of the 7-day period, the customer must review them and publish the summary protocol.
Conclusion of a contract based on the results of an electronic auction under 44-FZ
The contract can be concluded not earlier than 10 days from the date of publication of the protocol of summing up.
Within 5 days from the date of publication of the protocol, the customer sends to the winner via electronic platform draft contract for signing. The winner has 5 days to sign and deposit.
If there are disagreements on the project, the protocol of disagreements is sent to the customer. The customer has 3 working days to consider the protocol of disagreements and send the amended or original draft contract with a description of the reasons for the refusal (without his signature).
The participant signs the state contract within 3 working days. Then the customer places the signed and concluded contract within 3 working days. Therefore, disputes may take up to 9 business days.
Securing an electronic auction contract under 44-FZ
The contract security is paid in cash or by providing a bank guarantee. The bank must be from the register of the Ministry of Finance, and the guarantee itself is published on the official website in the register of bank guarantees. The term of the bank guarantee must be 1 month longer than the term of the contract.
Recognition of an electronic participant under 44-FZ as having evaded signing a contract
The winner of the auction is recognized as evaded and loses the contract, collateral, bank guarantee, if:
- Did not send the signed contract within the stipulated time
- Sent a protocol of disagreements after 13 days from the date of the final protocol
The customer has the right to recover damages not covered by the amount of security through the court.
Many companies that almost made it to the finish line fall out of the race for several reasons:
- They sober up and understand that they got excited with the price of victory and will not pull the state contract
- They cannot purchase goods at the estimated price or make a purchase due to a supplier's refusal
- They cannot find money to secure the contract and receive a bank guarantee
- Gray bank guarantees are rejected by the customer after checking the registry
In 2016, more than 4,800 procurement participants under 44-FZ were included in the register of unscrupulous suppliers, and other companies took their places on the podium.
Calculator of the terms of the electronic auction according to 44-FZ
The auction timing calculator according to 44-FZ in the form of a table allows you to calculate the timing of each stage.
Auction stage Term Countdown stage Application deadline Placement of notice Application security Simultaneously Applying on site The decision to amend the notice of the auction 2 days before Application deadline Posting Changes to Notice 1 day after Making a decision to change the notice Extension of the deadline for changes 15 days (7 days - up to 3 million) after Making changes to the notice Documentation clarification request 3 days before Application deadline Accommodation clarification 2 days after Request for clarification received 7 days after Application deadline Holding an auction 2 days after Consideration of the first parts of applications Auction Protocol 30 minutes after End of auction Consideration of the second parts of applications 3 working days after Auction Protocol Summing up protocol 1 business day after Signing of the protocol of consideration of the second parts Placement of the draft contract 5 days after Summing up protocol Signing of the draft contract by the winner 5 days after Contract placement Placement of the protocol of disagreements by the winner 13 days after Summing up protocol Consideration of the protocol of disagreements by the customer, finalized draft contract 3 working days after Placement of the protocol of disagreements 3 working days after Placement of the finalized draft contract Placement of a signed contract by the customer 3 working days after Signing of the revised draft contract by the winner Securing a contract Simultaneously Signing a draft contract Conclusion of a contract 10 days after Summing up protocol Assistance in the electronic auction under 44-FZ
In this article, we have touched upon only some of the procedural and practical aspects of conducting auctions in electronic form. We are ready to provide any
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