When an electronic auction is held for 44 fz. Participation in an electronic auction: step by step instructions. Notice of an electronic auction
Signs of such a procedure as an electronic auction by regulates the first part. It states that this is a competitive way to determine the supplier, in which information about the purchase is communicated to an unlimited circle of people by publishing documentation in the EIS. Any interested person who complies with can take part. The main criterion for choosing a winner at an open auction in electronic form 44 FZ calls the lowest price offer at the auction. To do this, you must apply remotely at.
By Decree No. 1447-r dated July 12, 2018, the government increased the number of trading platforms from 6 to 8 and approved the only specialized trading platform. The final list included the existing trading platforms under 44-FZ:
- EETP, "RTS-tender";
- Sberbank-AST;
- "Electronic trading systems";
- State Unitary Enterprise "Agency for the State Order of the Republic of Tatarstan";
- "Russian Auction House";
- "TEK-Torg";
- ETP GPB ("Electronic trading platform of Gazprombank").
The only specialized electronic trading platform has become. This platform was created last year by Sberbank and the state corporation Rostec specifically for digital procurement within the framework of the state defense order.
What has changed since 07/01/2018
When is it held
The customer conducts an auction procedure under 44-FZ for the purchase of products, performance of work, provision of services for any of the codes of the product classifier by type economic activity(OKPD2). But they should not be subject to the restrictions of 44-FZ (for example, the need to hold closed ones).
However, the law provides for cases when the customer necessarily conducts an electronic auction, there will be cases of mandatory electronic auctions.
These include:
- agricultural goods and services;
- mining products;
- food and drinks;
- clothes;
- medicines;
- computer equipment;
- construction works.
The list is quite extensive and includes more than 50 OKPD2 classes.
The subject of the Russian Federation may also accept an additional list of cases in which regional customers will be required to conduct electronic auction procedures for public procurement.
It is worth noting that the listed cases have their own characteristics. For example, it is not necessary to conduct EA at highly dangerous, technically complex and unique facilities or purchase food products for educational institutions when the customer has the right to hold a tender with limited participation.
P. 2 Art. 59 provides for relaxations in terms of the mandatory EA. In particular, if the order does not exceed 500,000 rubles, the customer has the right to conduct it regardless of whether the code of the order being processed falls into the established mandatory list. The same applies if an order is made in accordance with the cases established by art. 83 and 93, by request for proposals or from .
Auction instructions
Step-by-step instructions for an electronic auction according to Federal Law 44 of 2019 for the customer and supplier are regulated:
- Determine the date of the event.
- Carry out the main and final stages.
- Choose a winner.
Let's take these steps in order.
How to calculate the day of the auction
The article states that the day of the electronic auction is the working day following the deadline for consideration of the first parts of applications. If it is played in the construction industry and the documentation includes design and estimate documentation by , then the auction starts four hours after the deadline for submission of applications.
Electronic trading starts at the time set on the ETP, based on the time zone of the customer. Only suppliers admitted after the results of the verification of the first parts can take part.
How long does the auction take?
The following parameters affect this:
- starting price;
- how many suppliers will come to the auction;
- how much they lower the price.
The minimum time is 10 min. This is if no one made a bet. The first person to apply will then be the winner.
Sometimes auctions can go on for several days. This is possible if prices have fallen below 99.5%, and the participants are already trading for the right to conclude a government contract, that is, they want to pay extra to the customer in order to pick up the order. On average, electronic trading lasts 1-1.5 hours.
How are the main and final stages
The ETP operator controls compliance with the requirements for the procedure. It can be divided into 2 stages.
The first stage implies that bids are submitted within 10 minutes from the last submitted one. The auction step under 44 FZ in 2019 is from 0.5 to 5% of the initial contract price.
It will not work to reduce the cost by one price offer by more than 5%. Participants reduce the current minimum price within a step.
Let's show on an example (CPU - participant's price offer).
This completes the first phase.
Bargaining is allowed, but with the understanding that the supplier cannot repeat or increase its own price offers or make a zero price offer.
A participant cannot make a reduction outside of the auction step if the previous participant made a decrease within the step.
The second phase starts if within 10 minutes from the last price offer none of the participants has offered new price. The stage lasts 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the step, but it cannot be lower than the minimum offered in the first phase.
If within 10 minutes after the start none of its participants has submitted a price, then the auction is recognized as failed.
From 18:00 the day before the day of the auction and until the start of the auction, 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 offer in manual mode, signing it with an ES certificate.
Scheme "Taran", what to do if you get into 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 the bidding scenario. Two of which in an aggressive strategy bring down the price “below the plinth”. The third participant at the final stage takes the third place half a percent below 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 documents are missing. As a result, the contract is taken by the participant from the third place, and the fourth one bites his elbows because he could offer a price much lower, but did not do this, because he decided that the first two participants would play the contract.
Therefore, offer your economic minimum at the auction. To do this, you have the final stage, where you can offer a price no lower than the winner. You can also go to court and declare the auction, which took place according to this scheme, invalid. Such conclusions were made by the Arbitration Court of the East Siberian District in the decision in case No. A10-3052/2018 of 07/04/2019.
Any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of its capital, or any individual, including an individual entrepreneur (IP), can be a participant in public procurement.
Before participating in public procurement, check whether you meet the requirements of 44-FZ, and, of course, prepare the necessary documents for bidding. What else needs to be done before starting work on 44-FZ, our lecturer Maysky Yu., host of the webinar "" will comment.
Want to know more? Take a remote online course ""
Requirements for the participant of the electronic auction
The procurement participant must comply with the requirements of the legislation on public procurement:
- Compliance with the requirements established in accordance with the legislation of the Russian Federation for persons engaged in the supply of goods (performance of work, provision of services).
- Non-liquidation of the procurement participant and the absence of a decision of the arbitration court on declaring the procurement participant bankrupt and on opening bankruptcy proceedings.
- Non-suspension of the activities of the procurement participant in the manner prescribed by the Code of Administrative Offenses, on the date of filing an application for participation in the procurement.
- The procurement participant has no arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferment, installment plan, investment tax credit, etc.) are granted for the past calendar year, the amount of which exceeds twenty-five percent the book value of the assets of the procurement participant, according to the financial statements for the last reporting period, and if this arrears is not appealed in court and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer).
- Absence of the procurement participant — individual or from the head, members of the collegial executive body or the chief accountant of a legal entity participating in the purchase of a criminal record for crimes in the sphere of the economy (with the exception of persons whose conviction has been canceled or withdrawn), as well as the non-application of punishment in respect of these individuals in the form of deprivation of the right to borrow certain positions or engage in certain activities and administrative punishment in the form of disqualification.
- Possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, except for the cases of concluding contracts for the creation of works of literature or art, performance, financing of the rental or showing of a national film.
- Absence of a conflict of interest between the procurement participant and the customer.
- The participant must not be an offshore company.
Watch the video commentary of Roman Chibisov, tender expert, about the auction list:
Also, an electronic auction is held in relation to goods (works, services) included in the additional list, which is approved by the highest executive body state authority of a subject of the Russian Federation, if the purchase is carried out to meet the needs of the corresponding subject of the Russian Federation (part 2 of article 59).
- it is possible to formulate detailed and exact description purchase object;
- the criteria for determining the winner of such an auction have a quantitative and monetary value.
The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the auction list, if such GWS can also be described in detail and accurately (part 3 of article 59). The criteria for determining the winner of the auction have a quantitative and monetary value.
The customer conducts an open electronic auction if it is not necessary to evaluate the proposals of participants in terms of special characteristics of goods, qualifications of participants, work experience, etc., and the law does not allow purchasing goods, works or services from a single supplier or by requesting quotations.
If the customer is obliged to use closed methods for determining the supplier, then an open electronic auction is not held (part 2 of article 84 No. 44-FZ).
Failed auction
Watch the video commentary by Yuri Maisky, the host of the webinar, about the cases in which an auction is declared invalid.
Closed ways to determine suppliers
Used only in the following cases:
- purchases of GWS necessary to meet federal needs, if information about such needs is a state secret;
- procurement of GWS, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;
- conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation, for the provision of services for insurance, transportation, protection of museum objects and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies), having historical, artistic or other cultural significance and transferred by customers to individuals or legal entities or accepted by customers from individuals or legal entities for temporary possession and use or for temporary use, including in connection with holding exhibitions on the territory Russian Federation and (or) territories of foreign states;
- procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs.
There are no other restrictions on determining a supplier through an electronic auction.
Search for "your" auction
A bidder usually wonders where to find an e-auction that is right for them to offer their company's product, job offer or service? You can search for a purchase of interest in the following ways:
- independently viewing information on the official website using keywords- this option is free, but requires constant monitoring by the participant, because everything has to be done by oneself;
- using information and analytical systems, for example, the Kontur.Purchases system. This option is paid, but less time-consuming for the participant.
Only after you analyze the information about ongoing and completed electronic auctions, you can choose those that are right for you and prepare to participate in them.
The participant must necessarily conduct a preliminary analysis and calculation before deciding to participate in public procurement. After he has made a decision to participate in the auction under the law 44-FZ, you need to find information about those purchases that are of interest to him and prepare all the necessary documentation. Then you need to carefully check whether the information contained in the prepared documentation corresponds to the customer's requests.
The participant may need legal assistance, so it is worthwhile to involve your own legal service, and if there is none in the participant’s company, then contact an outside lawyer to study the provisions of the customer’s draft contract and determine possible risks. The participant must also plan in advance their financial resources to secure the application, and in case of victory - to ensure the execution of the contract. And only after that you can apply. Here, in fact, is the starting point from which the long path of participation in public procurement begins.
Management of public and municipal procurement(, academic hours) - an additional professional advanced training program for contract managers, specialists contract services and purchasing commissions.
Experts say that purchases for state needs are carried out most often through an electronic auction. As of August 2018, about 65% of trading takes place in this form. Determination of the winner at the electronic auction seems to be as transparent as possible, as it depends on a single criterion - the price of the offered goods.
Features of the electronic auction
447th article Civil Code The Russian Federation reports that bidding can take place in two main forms - competition and auction, and explains their differences:
the participant who offers the best conditions wins the competition (according to the commission);
at the auction the winner is the person who offered the highest price.
However, an electronic auction, which is arranged for the purchase of goods or services for the needs of the state, has its own characteristics. The contract is concluded with the participant who offered the lowest price.
Information about the electronic auction is communicated to an unlimited number of persons, each of which has the right to take part in it if it meets the requirements stated by the customer. They are the same for all participants.
P. 2 Art. 59 of the Law of 04/05/2013 No. 44-FZ (as amended on 08/03/2018) determines in which cases, before concluding a contract, an electronic auction is mandatory:
If a necessary work, services or goods are named in a special federal list (Government Decree No. 471-r dated March 21, 2016);
If works, services or goods are included in the additional List established by the regional executive power.
Goods, services or works may be included in these Lists if they can be described in detail, calculated and valued in terms of money. At its discretion, with the help of an electronic auction, the customer has the right to purchase products and services that are not specified in the "mandatory" Lists.
Accreditation and application
Participation in an electronic auction is preceded by the accreditation of the participant and the submission of an application. It is accredited on an electronic platform - from one of the operators selected by the Government of the Russian Federation (Government Decree No. 1447-r of 07/12/2018). The official sites of electronic auctions are also listed on the website of the Unified Information System in the field of procurement, they can be found ]]> ]]> .
For accreditation, the participant submits to the operator an application and documents listed in Article 61 of Law No. 44-FZ. In particular, he needs to provide copies of:
extracts from registers - Unified State Register of Legal Entities (for legal entities), EGRIP (for individual entrepreneurs);
constituent documents (for legal entities), passports (for individuals);
documentation confirming the authority of managers, etc.
In addition to accreditation, which is given for three years, an electronic signature is required to participate in the auction - an application for participation in an electronic auction is signed with an EDS. The application consists of two parts:
In the first part, an agreement is expressed to deliver a product (render a service) that meets the requirements of the customer, and the country of origin is reported.
In the second part, the participant submits information about himself, attaches the necessary documents.
Both parts of the application are sent simultaneously. The operator within an hour confirms its receipt and assigns a unique number to the application.
Even before a bid is submitted, an electronic auction requires potential bidders to submit Money to a special bank account. Thus, an electronic auction is provided, which may vary depending on the price of the contract (clause 16 of article 44 No. 44-FZ). At the end of the deadline for filing applications, the bank blocks the security deposit on the participant's special account after receiving information from electronic operator. If the required amount is not on the account, the application will be returned to its sender.
Conducting an electronic auction
The procedure begins with the announcement of the date of the upcoming auction. It is held two days after consideration by the commission of the customer of the first parts of the applications received from the participants.
At the appointed time, the participants gather in the virtual hall - on the electronic site. When the auction opens, they submit their proposals for the price of the contract. It is allowed to “step” towards its decrease by no less than half a percent of the initial amount, or the minimum offer of one of the participants and no more than 5% (but not less than 100 rubles). If there were no new “steps” within 10 minutes, the auction ends with the victory of the last “player” who reduced the price as much as possible.
Electronic auction: terms
The entire process of the auction is regulated by clear deadlines. Some of them are shown in the table.
|
Action |
Term, article according to Federal Law No. 44 |
|
Accreditation of a participant on an electronic site (or refusal to do so) |
5 days (61st article, p. 4) |
|
Warning by the operator about the imminent expiration of the received accreditation |
3 months before the expiration date (Article 61, paragraph 15) |
|
Change by the customer of auction documents |
Not later than 2 days before the deadline for submitting applications (65th article, paragraph 6) |
|
Acceptance of the first offer from the participant - on the price of the contract |
10 minutes from the beginning of the electronic auction (68th article, paragraph 11) |
|
Placement of the protocol on declaring the auction invalid |
Within 30 minutes after its completion (68th article, item 20) |
Electronic auction under 44-FZ: quota for entrepreneurs
When conducting electronic auctions and competitions, special preferences are made for small businesses, as well as socially oriented NGOs. According to Article 30 of Law No. 44-FZ, customers are required to buy from them at least 15% of the annual total volume of all public procurements they have made. For non-compliance with this quota officials faces a fine of 50,000 rubles (clause 11, article 7.30 of the Code of Administrative Offenses of the Russian Federation).
Immediately before the New Year, the President of the Russian Federation signed the Federal Law of December 31, 2017 N 504-FZ "On Amendments to the Federal Law" On the Contract System in the Procurement of Goods, Works, and Services for State and Municipal Needs ".
This Federal Law shall enter into force on July 1, 2018, with the exception of provisions for which other dates for their entry into force have been established.
1. Subparagraph "d" of paragraph 13, subparagraph "a" of paragraph 14, subparagraph "g" of paragraph 77, subparagraphs "a" and "b" of paragraph 79 of Article 1 of this Federal Law shall enter into force ten days after the date of official publication of this Federal law.
2. Clause 11, subclauses "a", "c" of clause 12, clause 41 of Article 1 and Part 2 of Article 2 of this Federal Law shall enter into force on January 1, 2019.
3. Clause 42, subclause "b" of clause 49 of Article 1 of this Federal Law shall enter into force on January 1, 2020.
4. Until June 30, 2018, inclusive, during an electronic auction, funds intended to secure bids are paid by procurement participants in the manner that was in force until July 1, 2018. In this case, blocking, termination of blocking of the specified funds are carried out on the personal accounts of the procurement participants, which are opened on the account of the operator of the electronic site to account for the funds contributed by the procurement participants as security for bids.
The main provisions of 504-FZ:
Electronic Procedures
1. Competitive methods for determining suppliers (contractors, performers):
- competitions (open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition),
- auctions (electronic auction, closed auction),
- request for quotations;
- request for proposals.
- open competition,
- limited contest,
- two stage competition
- electronic auction,
- quote request,
- request for proposals.
2. In electronic procedures, closed electronic procedures, requests for quotations and requests for proposals, lots cannot be allocated.
3. Carrying out electronic procedures - on electronic platforms, closed electronic procedures - on specialized electronic platforms.
The operator of the electronic platform provides:
- sending by procurement participants requests for clarification of the provisions of the notice of procurement and (or) procurement documentation,
- submission by procurement participants of applications for participation in the procurement, proposals for the price of the contract, final proposals,
- providing the procurement commission with access to the said bids,
- comparison of proposals for the contract price of procurement participants,
- formation of protocols,
- conclusion of a contract with the winner of the purchase.
- from July 1, 2018 all customers,entitled apply new electronic procurement methods in cases established by the Government of the Russian Federation.
- from January 1, 2019 all customers, authorized bodies and authorized institutions are required to conduct electronic procedures. From the same date, a ban on holding open competition, tender with limited participation, two-stage tender, request for quotations, request for proposals in the usual, paper form).
The deadline for posting a notice in the EIS is at least 15 working days before the deadline for filing applications.
An application for participation in an open tender in electronic form consists of two parts and an offer of a participant in an open tender in electronic form on the price of the contract.
Procurement participants admitted to participate in an open tender in electronic form are entitled to submit final proposals for the contract price (only once, through the electronic platform). The final price proposals of the participants are sent to the customer only after consideration of the second parts of the applications.
6. Provisions are being introduced to regulate the holding of an open tender with limited participation in electronic form, a two-stage tender in electronic form.
7. The minimum value of the reduction of NMTsK during the electronic auction is introduced - at least 100 rubles (taking into account the current range from 0.5% to 5% of NMTsK).
8. Provisions are introduced on conducting a request for quotations in electronic form. The annual volume of purchases carried out by conducting a request for quotations in electronic form should not exceed 10% of the total annual volume of purchases of the customer and should not exceed 100 million rubles, the NMCC should not exceed 500 thousand rubles.
The deadline for posting a notice in the EIS is at least 5 working days before the deadline for filing applications.
9. Provisions are being introduced on conducting a request for proposals in electronic form. The term for posting a notice and a draft contract in the EIS is no later than 5 working days before the date of such a request.
10. The conclusion of a contract based on the results of electronic procedures is carried out in accordance with a single procedure and terms in a special section of Law No. 44-FZ.
The customer places a draft contract in the EIS and on the ES using the EIS, the participant signs it on the electronic platform, the customer places the signed contract in the EIS and on the ES using the EIS.
From the moment the contract signed by the customer is placed in the EIS, it is considered concluded.
11. The features of the use of closed methods for determining suppliers (contractors, performers) in electronic form on a specialized electronic platform are established.
ENI
12. From July 1, 2018, the use of enhanced qualified electronic for signing electronic documents will be introduced instead of enhanced unqualified. Customers are provided with them by the Federal Treasury until December 31, 2018, procurement participants apply them from July 1, 2018.
13. The UIS will contain a unified register of procurement participants. It will contain information and documents of participants registered in the EIS. The register will be maintained starting from January 1, 2019 by the federal executive body authorized by the Government of the Russian Federation.
14. In order to monitor and record actions, inaction of participants in the contract system in the field of procurement, a GIS is created and operated in the EIS, which provides:
1) monitoring the availability (operability) of the UIS, the electronic platform and storing information about such availability (operability);
2) recording, including video recording, in real time of actions, inaction of participants in the contract system in the field of procurement in the EIS, on an electronic platform;
3) storage of information about actions, inaction of participants in the contract system in the field of procurement in the EIS, on an electronic platform, including information about electronic documents generated by participants in the contract system in the field of procurement and signed with an enhanced electronic signature.
The GIS will record the actions, inaction of the participants in the contract system in the field of procurement, carried out in the EIS, starting from October 1, 2019.
15. First, all participants are registered in the EIS, then they are accredited on electronic platforms (no later than a business day from the date of registration in the EIS). All documents are provided by the participant during registration in the EIS, the ES operator has no right to demand anything during accreditation.
Accreditation is carried out by ES through information interaction with the EIS and other GIS.
Documents, information provided during registration, the procedure and terms of registration in the EIS will be separately determined by the Government of the Russian Federation. It is not allowed to register offshore companies in the EIS as procurement participants.
Registration of a procurement participant in the EIS and accreditation of a procurement participant on an electronic site are carried out for a period of 3 years.
From January 1 to December 31, 2019 inclusive, procurement participants previously accredited on electronic platforms are required to register with the EIS in order to participate in electronic procedures.
From January 1, 2019, accreditation of procurement participants on electronic platforms is carried out after registration of such participants in the EIS.
Other provisions
16. When determining the volume of purchases from SMP and SONCO, the calculation of the total annual volume of purchases includes purchases based on the results of the failed determination of suppliers (contractors, performers) (paragraphs 25 - 253 of part 1 of article 93 of Law No. 44-FZ) - from January 1, 2019.
17. A new unified requirement for procurement participants is introduced - the absence of restrictions for the procurement participant to participate in procurement, established by law RF.
18. If the customer refuses to conclude a contract with the winner of the supplier (contractor, performer) determination, he has the right to conclude a contract with another procurement participant who offered the same contract price as the winner of such a procurement or a contract price offer that contains better conditions at the price of the contract following the conditions proposed by the winner.
19. If a complaint is filed with the antimonopoly body from an individual who does not meet the requirements for procurement participants, and the right and legitimate interests which are not violated by such actions (inaction), the provisions of the documentation, notices, then such an appeal is considered in accordance with the Federal Law of May 2, 2006 No. No. 44-FZ.
20. The term for sending information by customers to the register of contracts has been extended - from three to five working days.
1. An auction in electronic form (electronic auction) means an auction in which information about the purchase is communicated by the customer to an unlimited number of persons by placing it in a single information system notices of such an auction and documentation about it, uniform requirements and additional requirements are imposed on participants in the procurement, such an auction is held on the electronic site by its operator.
2. The customer is obliged to conduct an electronic auction in the event that goods, works, services are purchased that are included in the list established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when procuring goods, works, services to meet the needs of a constituent entity of the Russian Federation, with the exception of cases of procurement of goods, works, services through a request for quotations, a request for proposals, procurement from a single supplier (contractor, performer) subject to the requirements of this Federal Law. The inclusion of goods, works, services in these lists is carried out in case of simultaneous fulfillment of the following conditions:
1) it is possible to formulate a detailed and accurate description of the procurement object;
2) the criteria for determining the winner of such an auction have a quantitative and monetary value.
3. The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the lists specified in part 2 of this article.
4. To conduct an electronic auction, the customer develops and approves the documentation on the electronic auction.
The provisions of Article 59 of Law No. 44-FZ are used in the following articles:- Recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation
6) articles 58 and 59 of the Federal Law of November 8, 2007 N 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" (Collected Legislation of the Russian Federation, 2007, N 46, article 5553);