Strategies of behavior in an electronic auction. Auction step Interested in the auction history of a specific customer

Under electronic auction period according to 44-FZ, they mean the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and within what timeframes, according to the law, they must take place.

If the NMCC is less than or equal to 3 million rubles, then the minimum time for concluding a contract 21 day.

If the NMCC is more than 3 million rubles, then the minimum time for concluding a contract 29 days.

1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMCC: if it exceeds 3 million rubles, then the notice must be posted for 15 days(or more) until the closing date for applications. If the amount is 3 million rubles. and less - then for 7 days(or more).

2. There are times when it is necessary to make changes to the notice or documentation itself. The customer has time for this, but no later than 2 days before the deadline for accepting applications. And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days from the date of changes in the case of NMCC more than 3,000,000 rubles, and up to 7 days from the date of changes if the contract price is less than or equal to 3,000,000 rubles.

3. If the customer decides to refuse to conduct procurement in electronic form then he can do it no later than 5 days before the end of applications.

4. The participant can submit a request for clarification auction documentation, But no later than 3 days before the end of applications. The customer must publish the response within 2 days from the receipt of this request.

5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, if it is consistent, the participant will be admitted to the auction, but he has the right not to submit price proposals.

6. The next stage is the consideration of the first parts of applications submitted by participants. It is no more than 7 days after the deadline for submission. According to the changes that came into force on July 1, 2018, if the NMCC is less than or equal to 3 million rubles, then the period for consideration of part 1 should not exceed 1 working day. During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are eliminated.

At the same time, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System.

7. Then the deadline for the auction under 44-FZ comes, this business day following the expiration of two days from the date of consideration of the first parts.

For example, if applications were reviewed on Friday, then the electronic auction will be on Monday, because two days have passed since Friday (Saturday and Sunday), and the working day following these two days is Monday.

8. After this, it is necessary to announce the protocol of the auction. On electronic platform procurement, this information is posted within 30 minutes after the completion of the last bidding phase, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the ETP.

9. Review of 2 parts of the application must take place on time no more than 3 working days, from the moment the protocol on the electronic auction is posted on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.

10. From the date of publication of the final protocol in which the winner is determined, within 5 calendar days customer in personal account the winner sends him a draft contract.

11. Within 5 calendar days After receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document confirming the execution of the contract, or send the customer a protocol of disagreements.

12. If a protocol of disagreements has been sent, then three days given to the customer to study and publish a modified version of the contract. If the contract is posted without changes, then the customer must justify the refusal of the participant’s proposed changes.

13. Over the next 3 working days, after publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document confirming the execution of the contract.

14 . The customer must sign the contract within 3 working days after the winner does so. From this moment the contract is considered concluded.

Please note that the contract cannot be concluded earlier than 10 days from the date the winner is determined, i.e. placement of the final protocol.

15. If the participant’s application was rejected in the first / second part or during the auction, violations were identified on the part of the customer or the operator of the electronic platform, the participant has 10 days from the date of the final protocol (i.e. from the moment the winner is determined) in order to send a complaint to the FAS.

Timing of the electronic auction - table

You can learn about all the timing and features of each stage of the electronic auction in our training course "Government order". RusTender employees have specially collected all the necessary information, supported by their own experience of participation, thanks to which you will be able to successfully participate in government procurement and receive contracts.

These are the main stages and terms of the auction under 44-FZ, held electronically on the ETP of the federal operator. All time characteristics given in the text are current at the time of writing. To always keep abreast of the latest changes, follow the norms of the legislation of the Russian Federation.

If you cannot afford to spend time studying and further monitoring changes in legislation, then contact the RusTender company, our tender specialists are always up to date with the latest changes and regulations of the 44-FZ law, they will quickly and completely answer all your questions, regarding participation in the auction.

OOO ICC"RusTender"

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

These Rules have been developed in accordance with Articles 447-449 Civil Code Russian Federation and current legislation

The rules establish the procedure for organizing and conducting trading in the form of an Auction by a Limited Liability Company " Trading house"Fame" for the sale of real estate owned by individuals and legal entities.

1. General Provisions

1.1. Bidding is carried out in the form of an Auction, open: by the composition of participants, by the method of submitting proposals, by price.

1.2. Bidding is conducted on the basis of current legislation and the Agency Agreement concluded between the Seller and the Bidding Organizer.

1.3. When conducting auctions it is not allowed:

• creating preferential conditions for the participation of an individual or group of individuals;
• implementation by the Organizer of the auction of coordination of the activities of bidders, as a result of which there is or may be a restriction of competition between participants or an infringement of their interests;
• unreasonable restriction of access to participation in tenders.

1.4. The auction organizer has the right to make video and photographic recordings of the auction process and audio recording.

2. Basic terms and definitions

2.1. "Trading organizer"- LLC "TD "FAME"

2.2. "Trading Commission"- the body responsible for organizing and conducting the auction. Formed by the Organizer of the auction based on the issued order.

2.3. "Auctioneer"- an individual appointed by the Auction Organizer to conduct the auction

2.4. "Auction"- public sale at auction of a real estate item or other property (lease rights, art objects, shares, etc.) belonging to the owner, with conditions established in advance.

2.5. "Bargaining"- an auction valid for a period of time determined by the Auction Organizer, during which Participants place bids in the manner established by the terms of the auction.

2.6. "Real Estate"- residential or non-residential premises, land plot, other real estate put up for auction.

2.7. "Lot"- an object (real estate object or other immovable property) of auction.

2.8. "Starting price"- the starting price of the lot from which bidding begins at the Auction.

2.9. "Minimum price"- the lowest price for which the seller agrees to sell the property.

2.10. "Auction price" - highest price lot achieved during the Auction, equal to or exceeding the minimum price (if established) and recorded in the protocol on the results of the auction.

2.11. "Bid"- proposal by the participant of a new Auction price for a lot, increasing the current price by any amount that is a multiple of the Auction step

2.12. "Auction step"- a fixed amount of money by which the Auction price of the lot increases during the auction.

2.13. "Trading form"- An auction open according to the composition of participants and the form of submission of proposals for the price of the Real Estate.

2.14. "Auction Conditions"- the form of the auction agreed between the Seller and the Auction Organizer based on the type of object, the initial cost, the wishes of the Seller and the recommendations of the Auction Organizer according to the “English”, “Dutch” or “Mixed” system.

2.15. "Salesman"- an individual or legal entity that put the Property up for sale at the Auction.

2.16. "Applicant" an individual or legal entity who submitted to the Auction Organizer an application for participation in the auction and the documents attached to it, the list of which is provided in the notice of the auction.

2.19. "The Challenger"- an individual or legal entity who has expressed a desire to participate in the auction and has submitted an application with the documents necessary to participate in the auction and paid a deposit.

2.20. "Deposit" the amount of funds transferred by the applicant to the bank account specified in the information message about the auction, as well as in the deposit agreement, to ensure the fulfillment of the applicant’s future obligation to pay for the property

2.21. "Auction Participant"- an individual or legal entity who has expressed a desire to participate in the auction and has submitted an application and documents necessary for participation in the auction, paid the deposit and is recognized by the auction organizer as an Auction Participant.

2.22. "Auction Winner"- An auction participant who offered the highest Auction price during the Bidding (provided that the Auction price is not lower than the minimum price, if one has been established), who receives the right to purchase the property.

3. Powers of the auction organizer

3.1. When conducting an Auction, the Auction Organizer must be guided by these Rules and the terms of the Agency Agreement concluded with the Seller, as well as comply with the norms of the Civil Legislation of the Russian Federation.

3.2. In the process of preparing and conducting the Auction, the Auction Organizer:

• forms a Commission for the conduct of auctions and ensures its activities; sets the date, time and place of the auction;
• determines the form of bidding and the form of submitting proposals for the price of property in agreement with the Seller;
• designates the place for accepting applications for participation in the auction, the date, as well as the start time and end time for accepting applications and documents attached to them;
• accepts applications and registers them in the journal of applications for participation in tenders (assigning a number to each application and indicating the date and time of application submission), and also ensures storage of registered applications;
• at the end of the deadline for accepting applications, transfers the registered applications with the documents attached to them to the Bidding Commission
• organizes the preparation and publication of a notice of bidding, as well as a notice of declaring the bidding invalid
• provides Applicants and Candidates with the opportunity to familiarize themselves with the subject of the auction and documentation characterizing the subject and its legal status, as well as with the rules of bidding
• concludes agreements on the Deposit with the Applicants
• submits account statements confirming receipt of the Deposits to the Bidding Commission;
• notifies Applicants of refusal of admission to participate in the auction;
• signs a protocol on the results of the auction with the winner of the auction;
• performs other actions provided for by these Rules and the Assignment Agreement;

4. Powers of the commission

4.1. To conduct the Auction, by order (order) of the Auction Organizer, a Auction Commission of at least three people is formed (hereinafter referred to as the Commission).

The numerical and personal composition of the Commission is determined in each specific case depending on the location of the auction, the quantity and category of property being sold.

At the request of the Seller, the Seller or his representative may be included in the Commission.

4.2. A member of the Commission from the Organizer of the auction is appointed as the Chairman of the Commission.

4.3. Members of the Commission participate in its work on the basis of the order (order) on the formation of the Tender Commission.

The Seller's representative may participate in the work of the Commission on the basis of a duly executed power of attorney.

4.4. The Commission performs the following functions:

• considers applications and documents received from applicants to the auction organizer for participation in the auction;
• establishes the fact of timely receipt of the deposit;
• sums up the results of receiving and registering applications and makes a decision on the admission of applicants to participate in the auction;
• notifies applicants or their authorized representatives of admission or refusal of admission to participate in the auction;
• decides to determine the winner of the auction;
• draws up and signs a protocol on the results of the auction
• makes a decision to declare the auction invalid and cancel the results of the auction;
• performs other functions related to tendering.

4.5. Decisions of the Commission are made by a simple majority of votes of the members of the commission present at the meeting; in case of equality of votes, the vote of the chairman of the commission is

4.6. A commission meeting is valid if at least 2/3 of the commission members are present.

4.7. If the presence of a commission member at a meeting is impossible for valid reasons (illness, business trip, etc.), he is replaced with a corresponding change in the composition of the Commission.

4.8. Decisions of the Commission are documented in protocols, which are signed by all members of the Commission who took part in the meeting. When signing the protocols, the opinions of the Commission members are expressed in the words “for” and “against”.

5. Information notice about the auction

5.1. An information notice about the Auction must be published by the Auction Organizer at least 30 days before the announced date of the Auction.

The specified period is calculated from the day following the day of publication of the notice.

5.2. Notice of the Auction is published by the Auction Organizer in the media and (or) on the official website of FAIM Trade House LLC.

5.3. The notice of bidding must contain the following information:

• date, time (hour, minutes) place of the Auction
• date, time, place of summing up the results of the Auction
• information about the object of sale at the Auction - name, location address, main characteristics, its composition;
• information on the procedure for familiarization with property and documents for property;
• information about the form of bidding;
• the procedure, place, deadline and time for submitting applications for participation in the Auction (date and time of the beginning and end of the submission of these applications);
• list of documents submitted by the Auction participant and requirements for their execution;
• amount of the deposit, terms and procedure for making the deposit;
• initial sale price of the property;
• minimum selling price (if any);
• Auction step;
• procedure and criteria for identifying the winner of the auction;
• the procedure and period for concluding a purchase and sale agreement with the winning bidder;
• information about the Auction Organizer.

6. Procedure for accepting applications for participation in tenders

6.1. The auction organizer organizes the acceptance of applications for participation in the auction within the period established by the notice.

6.2. To participate in the auction, applicants (individuals or legal entities) provide the Organizer with the following:

• An application for participation in the auction in the form established by the Auction Organizer and a list of documents submitted along with the application (in 2 copies). The application must be completed in writing or electronically in Russian.

6.3. The following documents must be attached to the application for participation in the Auction:

6.3.1. Applicants - individuals provide:

• passport (original and copy);
• passport (original and copy) of the authorized representative, if the application is submitted by a representative;
• a duly executed power of attorney for a person authorized to act on behalf of the applicant if the application is submitted by a representative (original and copy)
• duly certified consent of the spouse of the applicant - an individual to complete a transaction at the auction or confirmation that at the time of the auction the applicant is not married;

6.3.2. Applicants are individual entrepreneurs representing:

• certificate of state registration individual as individual entrepreneur(original and copy)
• certificate of registration of an individual entrepreneur with the tax authority; (original and copy)
• passport (original and copy);
• passport of an authorized representative, if the application is submitted by a representative (original and copy of a power of attorney indicating the actions to be performed by a person authorized to act on behalf of the applicant, if the application is submitted by a representative of the applicant. (original and copy)
• list of submitted documents signed by the applicant

6.3.3. Applicant legal entities represent:

• notarized copies of constituent documents.
• a notarized copy of a document confirming the fact of making an entry about a legal entity in the Unified State Register legal entities
• a duly certified copy of the document on the appointment of the sole executive body legal entity;
• the decision of the founders of the legal entity (participants, shareholders) to participate in the auction, or a certified extract from the balance sheet for the last reporting period, confirming that this transaction, completed in the event of the applicant’s victory in the auction, is not major;
• list of submitted documents signed by the applicant

6.3.4. Foreign legal entities submit an extract from the trade register of the country of origin or other equivalent evidence of the legal status of the foreign investor in accordance with the legislation of the country of its location - a list of the documents submitted, signed by the applicant

6.4. The documents provided by the applicant, in terms of their design and content, must comply with the requirements of the legislation of the Russian Federation. Documents submitted by foreign legal entities must be legalized and have a duly certified translation into Russian.

6.5. Documents containing blots, erasures, corrections, etc. will not be considered.

6.6. One person can submit only one bid for one lot.

If the applicant wishes to participate in bidding on several lots, he submits an application and all Required documents, and also pays a deposit for each lot separately.

6.7. The auction organizer ensures the confidentiality of information and proposals contained in submitted applications for participation in the auction before the start of the auction.

6.8. The applicant has the right to change or withdraw his application for participation in the Auction at any time before the deadline for submitting applications for participation in the auction. If changes are made to the application, the date of submission of the application is considered to be the date of acceptance by the auction organizer of these changes.

6.9. Applications are submitted within the period specified in the information notice of the tender. Applications are accepted directly at the address and at the time specified in the notice.

6.10. The auction organizer accepts applications and keeps records of them in the application register, assigning a number and indicating the date and time of their receipt. In this case, on a copy of the list of documents, which remains with the applicant, a note is made indicating the acceptance of the application, indicating the date, time and registration number assigned to this application.

6.11. The application is submitted by the applicant personally or his authorized representative, and can also be sent by registered mail with acknowledgment of receipt.

6.12. If an application is received by mail, a copy of the application indicating the registration number assigned to it, the date and time of receipt of the application is sent to the applicant or his authorized representative by registered mail with acknowledgment of receipt.

6. 13. The auction organizer refuses to accept and register the application to the applicant in the following cases:

• the application was submitted in an unspecified form;
• the application was submitted before or after the deadline for accepting applications specified in the notice;
• the application was submitted by a person not authorized to act on behalf of the applicant;
• Not all documents listed in the notice are presented.

This list of grounds for refusing an applicant to accept an application for participation in the Auction is not exhaustive.-

6.14. A note indicating the refusal to accept the application, indicating the date, time and reason for the refusal, is made on the list of documents submitted by the applicant.
An unaccepted application with the documents attached to it is returned to the applicant on the day of its submission along with a list of documents containing a note on the reason for refusal, by delivering them to the applicant or his authorized representative against signature, or by sending the specified documents by registered mail with acknowledgment of receipt.

6.15. The auction organizer, within three working days from the closing date for accepting applications, checks the documents submitted by applicants for the presence of false information.
In this case, the Auction Organizer has the right to demand clarification regarding the information contained in the application.
Upon completion of the verification of applications, the Auction Organizer submits to the auction commission the received applications, a list of received applications and information about the results of such verification

6.16. Based on the results of consideration of the materials and applications submitted by the Organizer of the auction, the auction commission makes a decision on recognizing or not recognizing the applicant as a participant in the auction.
The Commission refuses to recognize the applicant as a bidder if:

• the submitted documents do not comply with the requirements of the legislation of the Russian Federation or contain unreliable (distorted) information;
• the applicant does not meet the requirements for a bidder;
• the deposit was received to the account specified in the notice of bidding, not in full or in violation of the terms of these Rules and (or) the relevant deposit agreement.

6.17. The Commission's decision to admit applicants to participate in the auction is made based on the results of consideration of applications for participation in the auction submitted by the Organizer and is documented in a protocol.

6.18. The protocol for considering applications for participation in the auction shall indicate:

• all registered applications indicating the names of applicants, date and time of acceptance;
• all withdrawn applications;
• names (titles) of applicants, recognized participants bidding;
• names (titles) of applicants who were denied admission to participate in the auction, indicating the grounds for such refusal.

6.19. Applicants who have fulfilled all the conditions and requirements specified by the Organizer in the information notice of the auction are allowed to participate in the open Auction for the sale of property, namely:

• timely submitted an application for participation in an open auction,
• who have submitted duly executed documents in accordance with the list determined by the Auction Organizer and confirming their legal capacity to act as buyers of the property being sold
• paid the deposit on time.

6.20. The commission notifies all applicants of the results of consideration of submitted applications for participation in the auction and the recognition or non-recognition of applicants as participants in the auction by handing them a corresponding notice against signature, or by sending such a notice by mail (registered mail) no later than the next business day from the moment of signing the protocol determination of auction participants

6.21. After the Commission has drawn up a protocol on the tender for consideration of applications, the registered applications are transferred according to the inventory for storage to the organizer of the tender.

6.22. The applicant acquires the status of a tender participant from the moment the commission draws up a protocol for considering applications for participation in the tender. The Commission assigns a registration number to the bidder, which is indicated in the bidder's ticket, issued to him simultaneously with the notification of recognition of the Applicant as an auction participant.

7. Procedure for holding an open auction

7.1. Auction participants admitted to trading are registered by the Auction Organizer on the day, at the address and at the time specified in the notice.

7.2. To register, the Auction participant must provide:

• who appears in person, presents to the auction organizer an identification document (passport), a bidder's ticket
• representative of the Auction participant (for individuals) presents a notarized power of attorney to perform actions to participate in the Auction, a bidder's ticket
• a representative of the Auction participant (for legal entities) presents a power of attorney to perform actions to participate in the auction signed by the head of the organization and certified by the seal of the organization, a bidder's ticket

In the absence of such documents, registration of this participant will not be carried out.

7.3. The auction organizer in relation to each auction participant enters into the participants' registration log, in which the full name is indicated. (name) of the Auction participant, full name. representative, if a participant’s representative has appeared to participate in the Auction, issues to the participant or his representative (if a participant’s representative has appeared to participate in the Auction) a card with the bidder’s number, which corresponds registration number bidder's ticket. Each participant is given only one card, regardless of the number of representatives. After this, the participant or his representative signs in the participant registration log.

7.4. If by the appointed time of the auction, not a single participant is registered in the registration log of bidders, or only one participant is registered, the Auction is declared invalid, which is reflected in the Protocol on declaring the Auction invalid.

7.5. The Auction is carried out by a specialist (Auctioneer) from the staff of the Auction Organizer. To conduct the Auction, the Auction Organizer may invite an Auctioneer, with whom he enters into an Agreement for the Auction.

7.6. The auction is conducted by the Auctioneer in the presence of a Commission formed by the Auction Organizer, which ensures order during the auction and compliance with current legislation and these Rules. The number of members of the Commission must be at least five people, and a quorum is considered achieved if three members of the commission are present. The Commission includes the Owner or his authorized representative. Before the auction, the Chairman of the Commission is elected.

7.7. The auction begins with the announcement by the Chairman of the Commission of the opening of the Auction. After the opening of the Auction, the conduct of the Auction by the Chairman of the Commission is transferred to the Auctioneer.

7.8. After this, the Auctioneer finds out from those present (bidding participants, seller, members of the Commission) whether there are circumstances that impede further bidding. If there are no such circumstances, trading continues. If they arise, the Auctioneer announces a break and the Commission leaves to make an appropriate decision, which is subsequently reported to those present.

7.9. During the Auction, the sale of property is carried out for each lot separately

7.10. The auctioneer announces the name of the property, its main characteristics, the initial sale price, as well as the “upward auction step” and “downward auction step,” as well as the rules for conducting the auction.

The “upward auction step” and “downward auction step” are established by the Auction Organizer in agreement with the Owner in a fixed amount of no more than 5 percent of the initial sale price, and do not change during the entire auction. In this case, the size of the “downward auction step” is a multiple of the size of the “upward auction step.”

7.11. After the auctioneer announces the initial sale price, Auction participants are invited to declare this price by raising a card.

7.12. If, after the auctioneer announced the initial selling price, the card was raised by at least one auction participant, then the Auctioneer invites other Auction participants to increase the initial price by the amount of the “auction step up”.

If, before the third repetition of the initial sale price, none of the Auction participants increases the initial price by an “increasing auction step,” then the Auction participant who raised the card to confirm the initial price is recognized as the winner. The purchase price of the property is the initial sale price.

In this case, the Auction ends

7.13. If, after announcing the initial selling price of a card, several Auction participants raised the price or after the Auctioneer proposed to increase the initial price by an “increase auction step” until the third repetition of the initial price, at least one Auction participant increased the price by raising a card, the Auctioneer increases the selling price in accordance with the “step auction for a raise” and calls the number of the Auction participant who raised the card.

7.14. Next, the selling price is increased by the “up auction step” by Auction participants by raising the card. After announcing the next sale price, the Auctioneer calls the card number of the Auction participant who, from his point of view, was the first to raise it, and points to this Auction participant. The auction continues until bids are submitted at a price in accordance with the “up auction step”.

In the absence of Auction participants offering to increase the sale price of the property by an “increase auction step,” the Auctioneer repeats the last proposed sale price three times.

The auctioneer announces the sale of property, names the price of the property sold and the auction winner's card number.

7.15. If, after announcing the starting price, none of the Auction participants raises the card, the Auctioneer lowers the starting price in accordance with the “downward auction step” and announces new price sales. The initial sale price is reduced with the announced “downward auction step” until one of the Auction participants agrees to purchase the property at the price announced by the Auctioneer.

If, when the starting price is reduced by a “downward auction step,” at least one Auction participant raised a card to confirm their intention to purchase property at the last price announced by the Auctioneer, the Auctioneer invites the Auction participants to increase the specified price by a “upward auction step,” and repeats the last announced price three times. If, before the third repetition of the selling price, none of the Auction participants has raised a card, the Auction ends. The winner of the Auction is the Auction participant whose card number and proposed price were last named by the Auctioneer.

7.16. If, after the Auctioneer’s proposal to increase the price by an “increasing auction step” until the third repetition of the specified price, at least one Auction participant increased the price by raising a card, the Auctioneer increases the sale price in accordance with the “increasing auction step” and calls the number of the Auction participant who raised card.

Next, the selling price is increased by the “up auction step” by Auction participants by raising the card. After announcing the next sale price, the Auctioneer calls the card number of the Auction participant who, from his point of view, was the first to raise it, and points to this Auction participant. The auction continues until bids are submitted at a price in accordance with the “up auction step”. In the absence of Auction participants offering to increase the sale price of the property by an “increase auction step,” the Auctioneer repeats the last proposed sale price three times.

If, before the third repetition of the selling price, none of the Auction participants has raised a card, the Auction ends. The winner of the Auction is the Auction participant whose card number and proposed price were last named by the Auctioneer.

The auctioneer announces the sale of property, names the price of the property sold and the auction winner's card number.

7.17. A price reduction is allowed up to the “minimum selling price”.

If the “minimum selling price” is reached as a result of a reduction in the starting price, the Auctioneer announces its achievement and repeats it three times.

If before the third repetition of the “minimum sale price” at least one Auction participant raised a card confirming their intention to purchase property at the specified price, the Auction continues in the manner prescribed by clauses 7.15 and 7.16 of the Rules.

If, before the third repetition of the “minimum sale price,” none of the participants raises a card to confirm their intention to purchase property at the “minimum sale price,” the Auction is declared invalid.

8. Registration of auction results

8.1. The results of the auction are summed up by the Auction Commission and documented in a protocol on the results of the auction in 3 (three) copies. .The protocol indicates:

• name of auction
• composition of the auction commission
• F, I, O, (name) of the winning bidder,
• details of a legal entity or details of an identity document of an individual entrepreneur
• starting price of the auction item
• the final price of the auction item proposed by the winner of the auction and the terms of its payment;
• other information and conditions for purchasing the auction item
• information that the auction is declared invalid (if appropriate).

The protocol on the results of the Auction has equal legal force, the first of which is transferred to the Auction Winner, the second - to the Seller, the third remains with the Auction Organizer.

8.2. The protocol on the results of the Auction is signed by the Auctioneer, the Commission and the winner of the Auction. Approved by the Organizer of the auction no later than the next working day from the date of the auction.

The protocol on summing up the results of the Auction is a document certifying the right of the Auction winner to conclude a Sales and Purchase Agreement based on the results of the Auction.

9. Recognition of the auction as invalid

9.1. The auction is considered invalid if:

• during the period for accepting applications, the Organizer of the auction received only one application from the applicant for participation or did not receive a single application;
• after the deadline for accepting applications has expired, no applicant or only one applicant is allowed to participate in the auction;
• auction participants did not appear at the appointed time and day to participate in the auction or only one participant appeared;
• the representative of the participant (representatives of the participant) was denied participation in the Auction due to the lack of properly executed documents confirming the authority of the representative, if the number of registered participants is less than two;
• during the Auction, none of the participants declared the starting price;
• none of the bidders during the Auction raised their card after the announcement of the “minimum selling price”;

9.2 If the Auction is declared invalid, a protocol on recognizing the Auction as invalid is drawn up on the same day, which is signed by the Auctioneer, members of the Commission and approved by the Auction Organizer.

10. Procedure for payment, return and retention of the deposit

10.1. Procedure for paying the Deposit

10.1.1. The deposit is subject to transfer by the Applicant on the basis of the Deposit Agreement to the account specified in the Agreement and is transferred directly by the Applicant.

IN payment order in the “payment purpose” column there must be a reference to the details (No., date, year) of the Deposit Agreement, the date of the Auction, Lot No.

10.1.2. The deposit serves as security for the fulfillment of the Applicant's obligations to conclude a sales contract and pay for the Property sold at the auction in the event that the Auction participant is recognized as the winner.

10.1.3. If the amount of the Deposit from the Applicant is not credited to the account of the Auction Organizer on the date specified in the information notice, the Applicant is not allowed to participate in the Auction. The submission by the Applicant of a payment order with a mark of execution will not be taken into account by the Auction Organizer.

10.1.4. On cash listed as a deposit, no interest is charged

10.2. Procedure for returning the Deposit

10.2.1. The deposit must be returned within five working days to the following account:

• An applicant not allowed to participate in the Auction. In this case, the period for returning the Deposit is calculated from the date of signing by the Auction Commission of the protocol on
  the results of consideration of applications;
• To the Applicant or Auction Participant who withdrew the application before the start of the auction. In this case, the period for returning the Deposit is calculated from the date of receipt by the Auction Organizer of a written notification of the withdrawal of the application;
• To the Auction Participant who did not become the winner. In this case, the period for returning the deposit is calculated from the date of signing the protocol on the results of the auction;
• To the Applicant or Auction Participant in the event that the Auction is declared invalid or the Auction Organizer makes a decision to cancel the auction. In this case, the period is calculated from the date the Auction was declared invalid or from the date of the decision to cancel the auction.
• The date of return of the deposit is considered to be the date specified in the payment order for the return of the deposit.

10.2.2. The auction organizer has the right to refuse to hold an Auction for any Lot no later than 3 days before the date of the Auction specified in the information message,

10.3. Procedure for withholding the Deposit

The deposit paid will not be returned if:

• The Auction Participant recognized as the winner will evade (refuse) from signing the protocol for summing up the results of the Auction
• The Auction Participant recognized as the winner will evade (refuse) from signing and paying for fixed time Property purchase and sale agreements

An electronic auction is competitive method determination of a supplier, in which procurement information is communicated to an unlimited number of persons by publishing documentation in the Unified Information System. Any interested person who meets the requirements can participate. The main criterion for selecting the winner at an electronic auction under 44-FZ is the lowest price offer at the auction. To do this you need to submit an application remotely on

By Order No. 1447-r dated July 12, 2018, the government increased the number of trading platforms from 6 to 8, and it also approved the only specialized trading platform. The final list included existing platforms for trading under 44-FZ: EETP, RTS-tender, Sberbank-AST, Electronic trading systems", State Unitary Enterprise "State Order Agency of the Republic of Tatarstan" and "Russian Auction House", as well as 2 new ones: "TEK-Torg" and ETP GPB ("Electronic trading platform Gazprombank").

The only specialized electronic trading platform has become. This platform was created last year by Sberbank and the Rostec state corporation specifically for digital procurement within the framework of the state defense order.

What has changed after 07/01/2018

When is it carried out?

The customer has the right to conduct an electronic auction under 44-FZ (EA) for the purchase of products, performance of work, provision of services according to any of the codes of the product classifier by type economic activity(OKPD2). However, they should not be subject to the restrictions of 44-FZ (for example, the need to hold closed meetings).

However, the law provides for cases when the customer is obliged to carry out an electronic procedure (). These include:

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

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

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

It is worth noting that the listed cases have their own characteristics, for example, the optionality of carrying out EA at particularly dangerous, technically complex and unique facilities or the purchase of food products for educational institutions when the customer has the right to hold a competition with limited participation.

Clause 2 art. 59 also provides for relaxations regarding the mandatory conduct of EA. In particular, if the order does not exceed 500,000 rubles, the customer has the right to carry out it regardless of whether the code of the order being carried out falls into the established mandatory list. The same applies if the order is carried out in accordance with the cases established by Art. 83 and 93, by requesting proposals or from .

Features of holding an open auction in electronic form

After two days have passed after the completion of consideration of the first parts of applications, the next business day will be the date of execution. The procedure is regulated by Art. 68 44-FZ.

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

How long does the auction take?

This is affected by the following parameters:

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

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

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

How does the electronic auction work?

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

The first stage of the electronic auction under 44-FZ implies that price proposals are submitted within 10 minutes from the last one submitted. In this case, the step should be within 0.5-5% of the initial contract price. From 01.07.2018 minimum step at the auction became 100 rubles. Thus, in purchases with NMCC up to 10,000 rubles, suppliers can reduce the minimum price by only 100 rubles, and not by 0.5%, as was before.

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

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

This completes the first phase.

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

Also, a participant cannot make a reduction outside an auction step if the previous participant made a reduction within the step.

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

If within 10 minutes after the start none of its participants submitted a price, then this procedure is considered failed.

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

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

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

Therefore, offer your economic minimum at auction. To do this, you have a final stage where you can offer a price no lower than the winner.

1. B electronic auction Only those registered in a single information system, accredited on the electronic platform and its participants allowed to participate in such an auction.

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 platform in accordance with the time of the time zone in which the customer is located.

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

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

5. If in the case provided for in paragraph 2 of Article 42 of this Federal Law, the documentation for the electronic auction indicates the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction is held by reducing the amount of these prices in the manner established by this article.

(see text in the previous edition)

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

(see text in the previous edition)

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

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

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

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

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

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

10. From the start of the electronic auction on the electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically, using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction ends automatically, with the help of software and hardware that ensures its conduct.

12. Within ten minutes from the moment of completion of the electronic auction in accordance with Part 11 of this article, any participant has the right to submit a proposal for the contract price, which is not lower than the last sentence on the minimum contract price, regardless of the “auction step”, taking into account the requirements provided for in paragraphs 1 and 3 of part 9 of this article.

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

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

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

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

17. In the event of an electronic auction being held in accordance with Part 5 of this article, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) service for maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.

(see text in the previous edition)

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

(see text in the previous edition)

20. If within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of this article, such an auction shall be deemed invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

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

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the functioning of the software and hardware used to conduct it, equal access of its participants to participate in it, as well as the implementation of the actions provided for in this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision to approve or to carry out transactions based on the results of such an auction on behalf of the procurement participant;

(see text in the previous edition)

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

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

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 platform in accordance with the time of the time zone in which the customer is located.

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

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

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

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

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

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

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

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

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

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

10. From the start of the electronic auction on the electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction is automatically completed with the help of software and hardware that ensures its conduct.

12. Within ten minutes from the moment of completion of the electronic auction in accordance with Part 11 of this article, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account the requirements, provided for in paragraphs 1 and 3 of part 9 of this article.

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

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

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

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

17. In the event of an electronic auction being held in accordance with Part 5 of this article, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) technical services maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the serial numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.

19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in in accordance with part 18 of this article, the first ten serial numbers were received, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as the documents of these participants provided for in paragraphs 2 - and 8 of Part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of its participants who have received accreditation on the electronic platform. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

20. If within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of this article, such an auction is considered invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

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

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the functioning of the software and hardware used to conduct it, equal access of its participants to participate in it, as well as the implementation of the actions provided for in this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision on approval or on the completion of transactions on behalf of the procurement participant as a result of such an auction, which is contained in the register of participants in such an auction who have received accreditation on electronic site;

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