Federal Law 44 on public procurement electronic auction. How to take part in electronic trading: step-by-step algorithm. Subtypes of trading procedures

Electronic auction for Federal Law 44 step-by-step instructions for the customer 2019

Cases of holding The customer has the right to conduct an electronic auction under 44-FZ (hereinafter - EA) for the purchase of products, performance of work, provision of services under any of the codes of the product classifier by type of economic activity (hereinafter - OKPD2). However, they should not fall under the restrictions of 44-FZ (for example, the need to conduct closed procedures). However, the law provides for cases when the customer is obliged to carry out an electronic procedure (Order of the Government of the Russian Federation of March 21, 2016 N 471-r). These include:

agricultural goods and services;
mining products;
food and beverages;
cloth;
paper;
medicines;
computer equipment;
construction works.

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

How a customer can conduct an electronic auction: step-by-step instructions

Table 2 Bidding stage Regulated time Rationale Submission of price proposal Within 10 minutes Article 68 part 11 Extension of time for submitting proposals 10 minutes from the moment of submission of the previous proposal Article 68 part 11 Closing stage of bidding 10 minutes from the expiration of the ten-minute period after the submission of the last proposal Article 68 part 12 At the closing stage of the bidding, participants have the opportunity to submit proposals for the value of the contract higher than the winning bidder. This allows the potential supplier to move up to second place.

If the winning bidder refuses to sign the contract, the customer will offer to sign the contract to the second-place bidder. Situations where an auction is declared invalid In some cases, a purchase is considered invalid.

Article 59. Auction in electronic form (electronic auction)

This is possible in the following situations:

No proposals had been submitted as of the deadline for applications. The customer can announce a repeat auction or purchase from a single supplier.
When considering the first parts of applications, only one proposal was found to meet the requirements.
In this case, the contract is concluded with the supplier at a starting price.
If no price proposals are submitted during the auction. After this, the operator of the trading platform transfers to the customer the second parts of the submitted applications.
The winner is the participant whose proposal was submitted earlier than others, provided that it meets the stated requirements.
The auction commission rejects all second parts of applications or recognizes only one as meeting the requirements.

Conducting an electronic auction under 44-FZ

Attention

Let's show it with an example (CP - participant's price offer). EA start time: 12:00:00, NMCC - 100 rub. CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from last) CPU 3 80 (10% reduction is unacceptable) CPU 1 85 12:19:00 (9 minutes from last) 12:29: 01 (more than 10 minutes from last) This completes the first phase.

Info

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. NMCC - 100 rub. CPU 1 95 CPU 2 90 CPU 2 90 (price equal to previously submitted, unacceptable) CPU 2 92 (price, earlier submitted, unacceptable) CPU 1 0 (invalid, even within a step) Also, the participant cannot make a reduction outside the auction step , if the previous participant made a decrease within a step.

NMCC – 100 rub.

Deadlines for holding an electronic auction under Federal Law 44

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Important

This is a competitive way of identifying a supplier, in which information about the ongoing purchase is communicated to an unlimited number of people by publishing documentation in the Unified Information System. Any interested party who meets the requirements stated by the customer can take part.

To do this, you must submit an application remotely to the ETP. The main criterion for selecting the winner at an electronic auction under 44-FZ is the lowest price offer at the auction.

Electronic auction under 44-FZ

It is no more than 7 days after the deadline for submission. During this period, applications that do not meet the requirements specified in the documentation are eliminated.

During the same period, 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 is the third working day after the end date for consideration of the first parts of applications.

The exact time of the event is determined by the ETP operator. 8. Then it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the end of the procurement, 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.

Electronic auction for Federal Law 44 step-by-step instructions 2018

The customer is obliged to conduct an electronic auction if there are purchases of goods, works, services included in the list established by the Government of the Russian Federation, or in the additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when purchasing goods, works, services to ensure 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, request for proposals, procurement from a single supplier (contractor, performer) taking into account the requirements of this Federal Law. The inclusion of goods, works, and services in the specified lists is carried out in case of simultaneous fulfillment of the following conditions: (as amended.

Federal Law of December 28, 2013 N 396-FZ) (see.

Notice of an electronic auction

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 in the case of NMCC more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct procurement in electronic form, he can do this no later than 5 days before the deadline for accepting applications. 4.

The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The answer must be provided to him 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 fails to do this within the specified period, he will have to take part in the auction. 6. The next stage is the consideration of the first parts of the applications submitted by the participants.

Guide to the contract system in the field of public procurement. electronic auction

CPU 1 95 CPU 2 90 CPU 3 80 (outside the step, unacceptable) If the current minimum reduction belongs to the same participant, then he cannot reduce it. NMCC – 100 rub. CPU 1 95 CPU 2 90 CPU 2 85 (same participant, unacceptable) The second phase begins if within 10 minutes from the last price offer, none of the participants offered a new price.

This stage also lasts for 10 minutes, during which the participant has the right to reduce his proposed price, regardless of the auction step, and it cannot be lower than the minimum offered in the first phase. EA start time: 12:00:00 NMCC – 100 rubles CPU 1 95 12:05:00 CPU 2 90 12:10:00 (5 minutes from last) CPU 1 85 12:19:00 (9 minutes from last) 12 :29:01 — 12:39:01 second phase If within 10 minutes after the start none of its participants submitted a price, then this procedure is considered failed.

RusTender
Question answer
44-FZ
Timing of the electronic auction under 44-FZ

The term of an electronic auction under 44-FZ means 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. 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 15 days (or more) before the closing date for accepting applications.

If the amount is less than 3 million rubles. - then in 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.

An electronic auction is a rather complex method of procurement, which requires the customer to perform a number of sequential actions within the time period established by Law No. 44-FZ. In this article we will talk about each stage of the electronic auction and the timing.

The School of Electronic Trading provides professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
In Law No. 44-FZ, an electronic auction is understood as a method of determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.

For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.

1. Placing a notice of an electronic auction and documentation in the Unified Information System (UIS).

In order to communicate information about the purchase to an unlimited number of people, the customer places a notice of the auction in the Unified Information System.

The minimum deadlines for posting a notice in the Unified Information System are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMCP). Thus, for NMTsK not exceeding 3 million rubles, a notice must be placed no less than 7 days before the deadline for submitting applications for participation in the electronic auction, with NMCC exceeding 3 million rubles. - no less than 15 days.

Law No. 44-FZ does not establish a special procedure for calculating deadlines. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period defined by the period begins the next day after the calendar date or event that determines its beginning.

A notice of an electronic auction should be placed so that the period between the day the notice is posted and the closing date for filing applications is at least 7 (15) calendar days.

The Ministry of Economic Development of Russia adheres to a similar position (letter dated August 28, 2015 No. OG-D28-11486).

Customers should be very careful about the timing of posting a notice of procurement, since for shortening the deadline for submitting applications, a fine of 30 thousand rubles may be imposed on the customer's official. (Part 8 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction can be canceled by order of the control body.

2. Placement in the Unified Information System of clarifications of the provisions of the documentation on the electronic auction.

Clarifications of the documentation must be placed in the UIS within 2 days from the date of receipt of the participant’s request from the operator of the electronic platform.

Moreover, if a request comes later than 3 days before the deadline for submitting applications, the customer must not respond to such a request. If the last day of the deadline for the customer to receive a request falls on a weekend, the end date of this period is the next working day (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).

3. Making changes to the notice of an electronic auction or auction documentation.

The customer can make a decision to make changes to the purchase notice or auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. The text of changes must be placed in the UIS within 1 day from the date of adoption of the said decision.

When making changes, you must ensure that there are at least 7 days, and with NMCC more than 3 million rubles. - at least 15 days. If necessary, the deadline for submitting applications is extended.

4. Refusal to conduct an electronic auction.

You can cancel the auction no later than 5 days before the application deadline. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only if a force majeure circumstance occurs.

5. Consideration of the first parts of applications for participation in the electronic auction.

Not later 1 working day, following the deadline for submitting applications for participation in the auction, the operator of the electronic platform sends the first parts of applications to the customer. The auction commission is obliged to check the received applications in order to determine the persons admitted to participate in the auction.

The first parts of applications for participation in an electronic auction must be considered within the period established in the notice and documentation about the auction, which cannot exceed 7 calendar days from the closing date for applications.

The protocol for consideration of applications must be sent to the operator of the electronic platform and posted in the Unified Information System no later than the deadline for consideration of applications.

6. Determination of the winner of the electronic auction.

An electronic auction is held on an electronic platform on the day and time specified in the notice of the electronic auction. The start time of the auction is set by the operator of the electronic platform. The day of the electronic auction is the working day following the expiration 2 days from the date of expiration of the period for consideration of the first parts of applications for participation in such an auction.

After the start of the auction, the time limit for submitting price proposals is 10 minutes. This time is automatically extended after the next proposal from one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another price proposal (not lower than the last proposal for the minimum contract price).

7. Consideration of the second parts of applications for participation in the electronic auction.

The second parts of applications are sent by the operator of the electronic platform to the customer within 1 hour after posting the protocol of the electronic auction on the electronic platform.

The second parts of applications for participation in the electronic auction must be considered within 3 working days from the date of posting the protocol of the electronic auction on the electronic platform. The protocol for summing up the results of the auction is published in the Unified Information System no later than 1 working day, following the date of its signing.

8. Conclusion of a contract with the winner of the electronic auction.

The customer is obliged to place in the Unified Information System a draft contract with the included conditions for its execution proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the Unified Information System the protocol for summing up the results of the electronic auction.

If the winner of an electronic auction places a protocol of disagreements in the Unified Information System, the customer is obliged to consider and take into account the winner’s comments (or refuse to take these comments into account) within 3 working days after posting the protocol of disagreements in the EIS (on an electronic platform).

If the winner sends a protocol of disputes after 13 days After the protocol for summing up the results is posted in the Unified Information System, there is no need to reconcile disagreements. In this case, the winner of the electronic auction is recognized as having evaded concluding a contract.

After the draft contract signed by the winner of the electronic auction is posted in the UIS (on the electronic platform), the customer is obliged to sign it if the winner has provided adequate security for the execution of the contract.

It is advisable to check the provided security immediately after the provision of security by the winner of the electronic auction. If a bank guarantee is presented as collateral, the customer must review it within no more than 3 working days from the date of receipt.

The customer must sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the UIS (on the electronic platform) the protocol for summing up the results of the electronic auction.

It is worth considering that if the last day of the deadline for signing the draft contract by the winner is a non-working day, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter dated June 1, 2015 No. D28i-1449).

If the winner of an electronic auction is recognized as having evaded concluding a contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date the auction winner is recognized as having evaded, and also no later than 3 working days from the date of conclusion of the contract with the second participant, send information about the winner who evaded concluding the contract.

In order not to get confused in the main deadlines provided for by Law No. 44-FZ, we suggest you use the table below:

No.	Auction stage	Control dates	Article in the Law No. 44-FZ
	Placing notices and documentation in the UIS	For NMCC, ≤ 3 million rubles, - no less than 7 days	Part 2 of Article 63
	Placing notices and documentation in the UIS	With NMCC > 3 million rubles. - no less than 15 days	Part 3 of Article 63
2.	Placing clarifications of documentation provisions in the UIS	During 2 days from the date of receipt of the participant’s request	Part 4 of Article 65
3.	Making changes to notices and documentation	No later than 2 days before the application deadline	Part 6 of Article 65
4.	Refusal to hold an auction	No later than 5 days before the application deadline	Part 1 of Article 36
5.	Review of the first parts of applications	No more 7 days from the application deadline date	Part 2 of Article 67
6.	Conducting an electronic auction	The business day following the expiration of 2 days from the deadline for consideration of the first parts of applications to participate in the auction	Parts 2, 3 of Article 68
		Submission of price proposals - 10 minutes(automatically renewed after the next offer)	Part 11 of Article 68
		After regular time for another 10 minutes the participant can improve his price offer	Part 12 of Article 68
7.	Consideration of the second parts of applications	N more than 3 working days from the date of publication of the protocol of the electronic auction	Part 5 of Article 69
8.	Conclusion of a contract with the winner	The draft contract is posted within 5 days from the date of publication of the protocol for summing up the results of the electronic auction	Part 2 of Article 70
		Consideration of the winner's comments - within 3 working days after posting the protocol of disagreements in the EIS	Part 5 of Article 70
		Verification of collateral when providing a bank guarantee - no more than 3 working days from the date of receipt	Part 5 of Article 45
		Signing of the contract by the Customer - within 3 working days from the date of placement in the EIS of the draft contract signed by the winner, but not earlier than 10 days from the date of placement in the Unified Information System of the protocol for summing up the results of the electronic auction	Parts 7, 9 of Article 70
		The winner is declared to have evaded - no later than 10 days the customer sends the draft contract to the second participant	Part 14 of Article 70
		Submission of information for inclusion in the RNP - no later than 3 working days from the date of conclusion of the contract with the second participant	Part 4 of Article 103

One of the most popular ways of organizing tenders, an electronic auction under 44-FZ raises many questions among novice participants in government auctions. What is its essence? What are the stages and timing? How to use electronic trading platforms? Our step-by-step guide will help you answer these questions.

An electronic auction is a bidding held on specialized online platforms, the winner of which is the person who offers the lowest contract price.

According to the monitoring of the application of Federal Law No. 44-FZ published in the EIS based on the results of the first quarter of 2017, an electronic auction remains the most common competitive method of identifying suppliers. In terms of the number of notifications, it is surpassed only by non-competitive procurement from a single supplier. However, they are mainly chosen for small purchases. While the amount of contracts concluded as a result of electronic auctions during the reporting period amounted to 614.9 billion rubles. This is more than half the amount of all notices posted in the Unified Information System.

Fig. 1 Distribution of purchases by method of determining the supplier in the first quarter of 2017: shares in the total number of notices

Fig. 2 Distribution of purchases by method of determining the supplier in the first quarter of 2017: shares in the total amount of contracts

Advantages of an electronic auction:

Online form - no personal presence required.
Anonymous participation - information is disclosed only after the auction.
Easy application – less paperwork.

In an electronic auction, your experience, technology or number of personnel does not matter - only the price offered matters. But you shouldn’t win at a loss. It is important to determine in advance the minimum, cost-effective threshold and not lower the price.

ELECTRONIC AUCTION: STAGES AND TIMELINES

Fig. 3 Stages and terms of the electronic auction

STEP 1. PREPARATION FOR AN ELECTRONIC AUCTION: DIGITAL SIGNATURE, ELECTRONIC SITES, ACCREDITATION

To participate in an electronic auction under 44-FZ, you must obtain accreditation on the relevant federal trading platforms (ETP) - special websites where electronic trading is held.

At the beginning of 2018, the state approved 6 ETPs:

Sberbank-AST – www.sberbank-ast.ru
RTS-tender – www.rts-tender.ru
Unified electronic trading platform – www.roseltorg.ru
National electronic platform – www.etp-ets.ru
Order of the Russian Federation – www.etp.zakazrf.ru
Russian auction house – www.lot-online.ru

According to the EIS, the most popular among customers are Sberbank-AST, RTS-tender and EETP. Read more about federal online trading platforms in our article.

Accreditation to an electronic trading platform is permission from its operator to participate in electronic procurement. It is issued after checking the electronic digital signature and documents of your company.

For example, the technical specifications for the electronic auction No. 0110100000816000086 alone occupied 2,268 pages. This is more than in all four volumes of War and Peace. The application preparation period is 15 days. It is simply unrealistic to study the requirements and draw up an application in accordance with them. It is not surprising that the only participant in the auction turned out to be the winner.

Fig. 4 When and what you can file complaints with the FAS

3. SECURITY OF APPLICATION

To protect customers from unscrupulous auction participants, Federal Law 44-FZ provides for “financial liability”. All suppliers contribute a certain amount of money, which is returned to them if they lose the bid. This amount is returned to the winner only after signing the contract.

Auction bid security amount:

Contract price up to 3 million rubles – 1%
Contract price over 3 million rubles – from 0.5 to 5%

Read more about the forms, the mechanism for providing and returning application security under 44-FZ in our article.

4. PREPARATION AND SENDING OF THE APPLICATION

The application for participation in the auction consists of two parts. You need to send both parts at once: the customer first receives the first, anonymous, and after the auction the second, with company data.

Part I of the application

Fig.5 1st part of the application on the Electronic platform

Note: the product characteristics required by the customer are contained in the technical specifications. It specifies ranges of possible values. You must indicate the exact parameters of the product you are going to supply, with values falling within these ranges. If the customer indicated “the indicator is unchanged,” then exactly the same should be indicated.

Part II of the application

Required documents:

declaration of conformity (44-FZ: clauses 3-9 of part 1 of article 31);
TIN of management members;
confirmation of the right to receive benefits (44-FZ: Articles 28-30);
additional documents, if necessary: for example, SRO.

Participants who were rejected in 2 parts three times during the quarter will not have their application security returned.

5. DIRECT PARTICIPATION IN THE ELECTRONIC AUCTION

After checking the first parts of the applications, you are admitted to the auction: on the day of the auction, you are assigned a number and given access to the auction.

Note: if during the auction technical problems beyond your control arise while working with the ETP, take a screenshot of the error and file a complaint with the Federal Antimonopoly Service. The auction will be canceled and will be held again.

After consideration of the first parts of applications, the winner of the auction is the participant who offered the lowest price. But if, after checking the second parts, this participant’s application is rejected, for example, for an overdue extract from the Unified State Register of Legal Entities, then the contract is signed with the participant who offered the next highest price.

STEP 3. CONCLUSION OF CONTRACT, BANK GUARANTEE

The process of concluding a contract takes from 10 to 20 days. The customer supplements the project included in the auction documentation package with the price and exact characteristics of the goods from the winner’s application and sends it to him for signature. He studies the conditions again, makes his suggestions and comments, and agrees on the revised project with the customer. If no one has any objections, the supplier signs the document, deposits funds to secure the contract and sends it to the customer. Once signed by the other party, the agreement comes into force. From this moment on, any disagreements can only be resolved through the courts.

Fig.6 Conclusion of a contract without disagreement

Fig. 7 Conclusion of a contract in case of disagreement

If the winner evades his obligations, the customer enters him into the register of unscrupulous suppliers. Then the right to conclude a contract passes to the participant who offered the price next to the winner. If this supplier also refuses, he can no longer be added to the register.

Note: all documents are uploaded electronically to your personal account on the auction site. There you approve them with your digital signature.

To secure a contract, as well as an application, it is not necessary to contribute your own money, withdrawing it from the company’s turnover. Typically, one of the banking products is used: tender loan or bank guarantee. In this case, you only pay the bank for the service.

You should apply for a bank guarantee before participating in the auction - it is valid for a quarter. The bank may refuse if:

The company was registered recently.
RPM too low.
The previous year closed with a loss.

When concluding an agreement with a bank, carefully check the conditions:

The warranty period must exceed the contract duration by a month or more.
The bank must transfer the security amount to the customer’s account at the same time as you sign the contract, otherwise you will be included in the register of unscrupulous suppliers.

Note: the application security will be returned to you only after the contract security has been provided. If the transaction is canceled, it remains with the customer.

Test yourself by answering the questions:

1. The participant who wins the electronic auction is:

2. How can I make changes to the text of a contract signed by both parties?

3. At what point will the application security amount be returned to you?

After confirmation of accreditation, you must open a special bank account. Funds are transferred to it to secure the auction application.

The amount of security for each auction is set by the customer in the range from 0.5% to 5% of the initial contract price. In case of winning and cancellation of the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.

If you do not win, the security will be returned within 5 business days. If you win, the application security will also be returned, but after the contract security has been deposited and it has been signed.

Step 5. Submitting an application for the auction

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

An electronic auction on the site is searched by registration number
Application forms are filled out in your personal account, documents are uploaded
Each file and final application form is signed with an electronic signature

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

Step 6. Review of the first parts of applications

The customer's auction commission reviews the first parts of applications within 7 days and makes a decision: to admit to electronic trading or to reject. The name of the company in the first part is kept secret until the second parts are considered.

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

Step 7. Participation in the electronic auction

If you are admitted to the bidding procedure, it is important not to miss the time of the electronic auction. Usually this is the third working day after the publication of the admission protocol.

There may be confusion with time zones. The auction can take place early in the morning or at night and last for hours. You need reliable Internet and a backup channel, an uninterruptible power supply or laptop (and charger!), checking the functionality of the digital signature.

There are many more overlaps than you can imagine.

How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit a proposal – 10 minutes. After each new bet, 10 minutes are counted anew.

You always have 10 minutes to decide on a new bet.

You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed since the last bid, the main auction ends. The first place is taken by the offer with the minimum price. But that is not all.

The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.

You have 10 minutes for this. If the bid of the auction winner for the second parts is rejected, the contract will be signed with the next participant in line. Additional submission in an electronic auction is an important step that increases the likelihood of winning.

Electronic trading is the process of selecting a supplier through the functionality of an electronic trading platform. ETPs are divided into government and commercial.

Differences between government and commercial ET

At government sites, procedures are carried out for selecting suppliers for government agencies (federal, municipal, budgetary) through an electronic auction.

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If a government agency intends to purchase work, goods or services, there is 44-FZ regulating the actions of the government Customer when choosing a supplier.

The customer can use one of the following determination methods:

purchase from a single supplier;
request for quotations;
electronic auction;
contest;
request for proposals;

When a customer chooses to conduct an electronic auction, the procedure will take place on one of the state platforms: Sberbank-Ast, RTS-tender, MICEX, EETP.

It must be remembered that not all government customers work under 44-FZ. There are a number of institutions that are classified as subjects of natural monopolies: unitary enterprises that are classified as organizations operating under 223-FZ.

These organizations develop their own Procurement Regulations and, at their own discretion, carry out procedures on commercial or government resources. They also have the right to use resources for participants under 223-FZ. An example of such platforms are: UTP Sberbank-AST, OTS-tender, TP Fabrkant.

Commercial platforms contain information about requests from commercial organizations and for parastatal companies (operating under 223-FZ). There are several thousand commercial sites.

The main differences between a state site and a commercial one:

In order to participate in the auction, government platforms oblige organizations to identify themselves using an Electronic Signature. A number of commercial sites do not have such a requirement. To take part, just register by indicating your tax identification number and contact information.
At the state site you need to undergo accreditation. This process may take several hours or days. The commercial platform can send confirmation within half an hour.
Participation in procurement on the state platform is free. At a commercial site, you need to pay according to the established tariffs.
Participants in government contracts on the state platform are guided by the principle: “A low price will ensure victory.” Clients from parastatals or commercial organizations on commercial sites can take into account reviews of the company, availability of contracts, positive history and other signs that will influence the final protocol.

Types of electronic trading

According to the qualifications of the participants, procurement procedures are divided into open and closed:

Using closed selection of suppliers who have passed pre-qualification for admission to participation is carried out. This is the purchase of goods, works, services that constitute state secrets (printing certificates, securities, fulfilling orders from the defense industry, etc.).
In open Suppliers who have been accredited by the ETP can participate in the procedures.

Currently, reduction auctions (reductions) are held on state ETPs. Auction participants step by step reduce the Maximum Contract Price. The one who named the best offer wins.

The functionality of commercial platforms and resources for participants regarding 223-FZ allows you to select a supplier in several ways:

electronic auction (reduction);
request for prices in electronic form;
request for proposals in electronic form;
request for quotes in electronic form;

Commercial and parastatal sites also divide procedures into open and closed.

Participation in closed procedures is by invitation. As a rule, admission is granted to suppliers who have contracts with the Customer or are accredited to participate.

What are they selling and where are they held?

The subject of the procurement procedure may be goods, works and services to ensure the normal uninterrupted functioning of a government agency:

software;
medicines;
conducting an assessment of working conditions;
education;
supply of medicines;
providing schoolchildren with meals, etc.;

Electronic trading is carried out on electronic trading platforms.

For government orders:

Sberbank-Ast www.sberbank-ast.ru;
RTS-tender http://rts-tender.ru/;
OSET ZakazRF www.zakazrf.ru ;

To participate in procurement of commercial and semi-governmental structures, information about the venue must be clarified:

on the official website http://www.zakupki.gov.ru;
on the customer’s corporate website;
using systems that collect information about ongoing procedures;

Receiving timely information about the upcoming procedure eliminates the risk of missing an interesting purchase or finding a new sales channel. Companies using special systems take part in procurement more efficiently.

How to participate?

Companies that suddenly get excited about taking part in auctions are often doomed to disappointment. An auction is a common way to select a supplier; information about the ongoing procurement is known to all participants in the government order.

Please note that the number of auction participants is not limited. Therefore, your price may not be the best.

Look at the website http://www.zakupki.gov.ru for summing up protocols and procurement documentation for the previous quarter. You need to immediately understand the degree of competitiveness when participating.

Education

Get training, at least via webinar, on how to take part in an auction. Pay attention to what the lecturer says about filling out the application. Use available sources: video channels, websites, thematic forums where you can ask questions. It is best to take a course for beginner tenderologists.

Registration and accreditation on the site

Study the requirements established by the ETP and get accredited. It’s better to get accredited at all major sites at once. Please note that accreditation may take up to 5 business days.

To obtain accreditation, you need to fill out an application and attach statutory documents, decisions, and declarations. Once the procedure is completed, you will be given access to participate.

Finance

To take part in the auction, you will need to block funds on the site when submitting an application. The blocking amount is up to 1% of the initial contract price. After the auction is held and the results are summed up, this amount is returned.

Security must be provided for the performance of the contract. An amount of up to 30% of the contract price is blocked on the Customer’s account and returned to the Supplier after fulfilling the terms of the contract. In the spring of 2015, the Government issued a decree approving cases where contract security is not mandatory and is a right, not an obligation, of the Customer.

It should be taken into account that most government contracts do not contain conditions for advance payment, so all financial costs will fall on the shoulders of the supplier for the entire period of fulfillment of obligations.

It is best to take care of opening a credit line for tenders in advance or carefully plan your participation and not experience financial losses. Be attentive to your obligations - improper fulfillment can lead to RNP.

Electronic signature

Electronic signature- This is an analogue of your handwritten signature. Once you have decided which sites you will participate in, fill out an electronic signature. Please note that there are several signature options; for participation only on government platforms, electronic signatures are cheaper. For a start-up company, it is better to take this option.

Search for information

Information about planned procedures at the first stage can be obtained from the mailing list issued on the ETP, as well as from the website http://www.zakupki.gov.ru. Select the purchase you are interested in and study the documentation.

When you gain momentum and experience, you can attract special programs and portals to participate in procurement.

A standard application consists of two parts: in the first part, the supplier declares his consent to participate in the procurement, indicating the subject of the purchase that he is ready to provide for the needs of the institution.

In the second part, the supplier attaches a list of documents established by the auction documentation, confirming legal capacity.

Submitted applications are certified by electronic signature and considered by the commission. After the commission reviews the first parts of the application, a decision is made on the admission or rejection of the participant.

The second (qualification part) is considered by the commission after the auction and a decision is made on the compliance or rejection of the second part of the application. The winner is the company that prepared the documentation in accordance with the documentation requirements and provided the best price offer.

Participation in the auction

At the appointed time, participants authorized and admitted based on the results of consideration of the first parts of applications begin to make a price offer. The standard auction step is 0.5-5%. The duration of the auction is determined by the number of steps that participants take. After each step, the time increases by 10 minutes. After the price has not changed for 10 minutes, the auction moves to the second stage, where participants can improve their price offer.

It is important to remember that a price proposal can be submitted without the auction step. You can submit a price corresponding to the initial maximum price of the contract. This is convenient if, according to the terms of delivery of the goods, you do not have the right to dump (for example, when delivering software, where the price is regulated by the developer).