Electronic auction a rather complicated method of procurement, which provides for the customer to perform a number of successive actions within the period established by Law No. 44-FZ. In the article we will talk about each stage of the electronic auction and the timing.
At school electronic trading is a professional retraining for suppliers and customers according to 44-FZ and 223-FZ. Online, with experts.
An electronic auction in Law No. 44-FZ is understood as a method for 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. Placement in the Unified Information System (UIS) of a notice of an electronic auction and documentation.
In order to communicate information about the purchase to an unlimited circle of people, the customer places a notice of the auction in the EIS.
The minimum terms for posting a notice in the EIS are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMTsK). Thus, if the NMCC does not exceed 3 million rubles, a notice must be placed at least 7 days before the deadline for submitting applications for participation in the electronic auction, with the NMCC more than 3 million rubles. - not less than 15 days.
Law No. 44-FZ does not establish a special procedure for calculating terms. In turn, Article 191 Civil Code The Russian Federation stipulates that the course of the period determined by the period begins on the next day after the onset of the calendar date or event that determines its beginning.
The notice of an electronic auction should be placed so that the period between the day of placement of the notice and the day of the deadline for submitting bids is at least 7 (15) calendar days.
The Ministry of Economic Development of Russia adheres to a similar position (letter No. OG-D28-11486 dated August 28, 2015).
Customers should be very careful about the timing of placement of a notice of procurement, since a fine of 30 thousand rubles may be imposed on an official of the customer for shortening the deadline for submitting bids. (Part 8, Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction may be canceled by order of the control authority.
2. Placement in the EIS of explanations of the provisions of the documentation on the electronic auction.
Clarifications of the documentation must be placed in the EIS within 2 days from the date of receipt from the operator electronic platform member request.
However, if a request is received later than 3 days before the deadline for submission of applications, the customer does not have to respond to such a request. In the event that the last day of the deadline for the receipt of a request by the customer falls on a weekend, the end date of this period is the working day following it (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 may decide to amend the notice of purchase, the auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. It is necessary to place the text of changes in the EIS within 1 day from the date of the said decision.
When making changes, you need to make sure that from the date the changes were posted until the deadline for applications, at least 7 days, and at the NMTsK more than 3 million rubles. - at least 15 days. If necessary, the application deadline is extended.
4. Refusal to conduct an electronic auction.
You can cancel the auction no later than 5 days before the closing date for applications. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only in the event of a force majeure event.
5. Consideration of the first parts of applications for participation in the electronic auction.
Not later 1 business day following the closing date for filing applications for participation in the auction, the operator of the electronic site sends the first parts of the applications to the customer. The auction commission is obliged to check the received applications in order to identify persons admitted to participate in the auction.
The first parts of applications for participation in an electronic auction must be considered within the period specified in the notice and documentation of the auction, which cannot exceed 7 calendar days from the date of the application deadline.
The minutes of consideration of applications must be sent to the operator of the electronic site and placed in the EIS no later than the deadline for consideration of applications.
6. Determination of the winner of the electronic auction.
Auction in electronic form held on the electronic site 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 of 2 days from the date of expiration of the term for consideration of the first parts of applications for participation in such an auction.
After the start of the auction, bids will be submitted 10 minutes. This time is automatically extended after the next proposal of one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another bid (not lower than the last bid for the minimum price of the contract).
7. Consideration of the second parts of applications for participation in the electronic auction.
The second parts of the applications are sent by the operator of the electronic platform to the customer within 1 hour after the protocol of the electronic auction is posted on the electronic site.
It is necessary to consider the second parts of applications for participation in an electronic auction within 3 working days from the date of placement on the electronic site of the protocol of the electronic auction. The protocol of summing up the results of the auction is published in the EIS no later than 1 business 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 UIS 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 EIS of the protocol for summing up the results of the electronic auction.
If the winner of the electronic auction places a protocol of disagreements in the EIS, the customer is obliged to consider and take into account the comments of the winner (or refuse to take these comments into account) within 3 business days after posting in the EIS (on the electronic platform) the protocol of disagreements.
If the winner sends the protocol of disagreements after 13 days after the protocol of debriefing is posted in the EIS, it is not required to agree on disagreements. In this case, the winner of the electronic auction is recognized as having evaded the conclusion of the contract.
After placing in the UIS (on the electronic platform) the draft contract signed by the winner of the electronic auction, the customer is obliged to sign it if the winner has provided proper security for the performance of the contract.
It is advisable to check the provided security immediately after the provision of the security by the winner of the electronic auction. If a bank guarantee is presented as security, then the customer must consider it within a period of no more than 3 business days from the date of receipt.
The customer must sign the contract within 3 business 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 EIS (on the electronic site) the protocol for summing up the results of the electronic auction.
It should be noted that if the last day of the deadline for signing the draft contract by the winner is non-working, then the winner has the right to sign the contract on the first of the following business 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 No. D28i-1449 dated June 1, 2015).
If the winner of the electronic auction is recognized as evading the conclusion of the contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date of recognition of the winner of the auction as evaded, as well as no later than 3 business days from the date of conclusion of the contract with the second participant, send information about the winner who evaded the conclusion of the contract.
In order not to get confused in the main terms provided for by Law No. 44-FZ, we suggest that you use the table below:
| No. p / p | Auction stage | Deadlines | Article in the Law No. 44-FZ |
|---|---|---|---|
| Placement of notices and documentation in the EIS | At NMTsK, ≤ 3 million rubles, - not less than 7 days | Part 2 of Article 63 | |
| With NMTsK > 3 million rubles. - not less than 15 days | Part 3 of Article 63 | ||
| 2. | Placement in the EIS of explanations of the provisions of the documentation | During 2 days from the date of receipt of the participant's request | Part 4 of Article 65 |
| 3. | Changes to notice and documentation | Not later than 2 days before the deadline for applications | Part 6 of Article 65 |
| 4. | Cancellation of the auction | Not later than 5 days before the deadline for applications | Part 1 of Article 36 |
| 5. | Consideration of the first parts of applications | No more 7 days from the closing date for applications | Part 2 of Article 67 |
| 6. | Conducting an electronic auction | Business day following the expiration of 2 days from the date of the deadline for consideration of the first parts of applications to participate in the auction | Parts 2, 3 of Article 68 |
| Submission of quotations - 10 minutes(automatically extended 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 | H e more than 3 working days from the date of posting 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 posting the protocol of summing up the results of the electronic auction | Part 2 of Article 70 |
| Consideration of the winner's comments - within 3 business days after the protocol of disagreements is posted 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 business 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 UIS of the protocol for summing up the results of the electronic auction | Parts 7, 9 of Article 70 | ||
| The winner is recognized as evader - 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 business days from the date of conclusion of the contract with the second participant | Part 4 of Article 103 |
A Guide to Procurement Disputes:
1. The auction commission considers the second parts of applications for participation in an electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with part 19 of article 68 of this federal law, in terms of their compliance with the requirements established by the documentation of such an auction.
2. The auction commission, based on the results of consideration of the second parts of applications for participation in an electronic auction, makes a decision on the compliance or non-compliance of an application for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for by this article.
(see text in previous edition)
3. The auction commission considers the second parts of applications for participation in an electronic auction sent in accordance with Part 19 of Article 68 of this Federal Law until a decision is made on the compliance of five such applications with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission shall consider the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction, filed by its participant, who offered the most low price contract, the smallest sum of unit prices of goods, work, services, and is carried out taking into account the ranking of these applications in accordance with part 18 of article 68
(see text in previous edition)
4. If, in accordance with part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction are not identified, out of ten applications for participation in it sent earlier to the customer based on the ranking results, within one hours from the date of receipt of the relevant notice from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these bids, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five bids for participation in such an auction that meet the requirements established by the documentation about it.
5. The total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed three working days from the date of posting the protocol of the electronic auction on the electronic site.
6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction, if:
1) non-submission of documents and information that are provided for by Part 11 of Article 24.1, Parts 3 or 3.1, , 8.2 of Article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation of such an auction, the presence in these documents of false information about a participant in such an auction on the date and time of the deadline for filing applications for participation in such an auction;
(see text in previous edition)
(see text in previous edition)
3) provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law.
7. Making a decision on the non-compliance of an application for participation in an electronic auction with the requirements established by the documentation for such an auction, on the grounds not provided for by part 6 of this article, is not allowed. An application for participation in an electronic auction cannot be recognized as not meeting the requirements established by the documentation for such an auction, due to the lack of information and electronic documents in it, provided for in paragraph 5 of part 5 of Article 66 of this Federal Law, as well as in paragraph 6 of part 5 of Article 66 of this Federal Law, except for the case of the purchase of goods, works, services, in respect of which a prohibition is established, provided for in Article 14 of this Federal Law.
(see text in previous edition)
8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are placed by the customer on the electronic site and in unified information system. The specified protocol must contain information on the identification numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts based on consideration of the second parts of bids for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements by more than one hare applications for participation in such an auction, but less than five of these bids, as well as information on their identification numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this of the federal law, which the participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation about it, information on the decision of each member of the auction commission in respect of each bid for such auction.
On this issue, we take the following position:
The customer has the right to issue and place the protocol of summing up the results of the electronic auction on the electronic site and in the unified information system on the day of the auction.
Position justification:
The procedure for conducting an electronic auction and drawing up the final protocol is regulated by Federal Law No. 44-FZ of April 5, 2013 "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ).
Within the meaning of the provisions of Law N 44-FZ, the auction is held continuously within one working day. The results of the auction are documented in a protocol (hereinafter referred to as the auction protocol), which is posted on the electronic site by its operator within 30 minutes after the end of the auction. Within 1 hour after the placement of the specified protocol, the operator of the electronic site is obliged to send to the customer this protocol and the second parts of applications for participation in such an auction, as well as information and electronic documents of these participants, provided for in Part 11 of Art. 24.1 of Law N 44-FZ.
According to Law N 44-FZ, the total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed 3 working days from the date of posting the protocol for conducting an electronic auction on the electronic site.
The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, they are placed by the customer on the electronic site and in a single information system (Law N 44-FZ).
As you can see, the law establishes only the maximum terms for the performance of the actions prescribed by it, but not the minimum ones.
Accordingly, the final protocol can be posted on the electronic platform and in the unified information system both on the next business day after the day of signing, and directly on the day of signing (see:
- Question: What is the date of posting the protocol of consideration of the second parts of applications for participation in the electronic auction? (response of the Main Control Department of the Chelyabinsk Region, December 2017)
- decision of the Office of the Federal Antimonopoly Service for the Irkutsk Region dated December 13, 2018 N 1405/18).
Prepared answer:
Legal Consulting Service Expert GARANT
Verkhova Nadezhda
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Serkov Arkady
The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.
Under term of the electronic auction according to 44-FZ, they imply a period of time allotted for each stage of the procurement. Let us consider in more detail how many stages there are and in what terms, according to the law, they must pass.
Terms of the auction for 44 fz in the table
If NMCC less than and equal to 300 million rubles(and in the case of construction, reconstruction, overhaul of facilities capital construction less than or equal to 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 19 days.
If NMCC more than 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction projects more than 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 26 days.
Deadlines for filing applications for an electronic auction under 44-FZ
1. The very first step in organizing an electronic auction is to post a notice of its holding and tender documentation. The deadline for submitting applications for an electronic auction varies depending on the amount of the NMTsK: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, overhaul of capital construction projects exceeds 2 billion rubles), then the notice must be posted in 15 days(or more) before the closing date for applications. If the amount of the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days(or more).
2. There are times when it is necessary to make changes to the notice itself or the documentation. To do this, the following deadlines are provided for in electronic auctions under 44-FZ: no later than 2 days before the deadline for 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 and up to 7 days respectively.
3. If the customer decides to refuse to hold the auction, he can do so no later than 5 days before the end of applications.
4. The participant can send a request for clarification auction documentation, but not later than 3 days before the end of applications. The customer is obliged to publish the answer within 2 days from the date of receipt of this request.
5. A participant in an electronic auction may 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, in case of its compliance, 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 the applications submitted by the participants. He makes up 1 business day after the deadline for submission, if the contract price is less than or equal to 300,000,000 rubles. (in the case of construction work, 2 billion rubles or less).
In all other cases, the term for consideration of the first parts of applications is 3 business days. 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 screened out.
At the same time, the protocol for the consideration of the first parts of the application is sent to the ETP operator on which the purchases take place, and the data is posted in the EIS.
However, if the documentation contains project documentation, then the deadline for filing applications is also the deadline for consideration of the first parts of applications. In other words, if a participant has submitted an application for participation in such an auction, it is automatically considered accepted.
7. Then comes the deadline for the auction under 44-FZ, is the business day following the expiration date of the first installments.
For example, if applications were considered on Friday, then the electronic auction will be on Monday, because after Friday, the next business day is Monday.
If project documentation is attached as part of the documentation, then the auction takes place 4 hours after the end of the submission of applications.
8. After that, it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the completion of the last phase of the auction, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP.
9. Consideration of 2 parts of the application must take place on time no more than 3 working days, from the moment of posting the protocol on holding an electronic auction 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. Within 5 calendar days, from the date of placement of the final protocol, in which the winner is determined, the customer in personal account the winner sends him a draft contract.
Deadlines for signing a contract under 44-FZ in an electronic auction
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 on the enforcement of the contract, or send the protocol of disagreements to the customer.
12. If a protocol of disagreements was sent, then the customer is given 3 days for its study and publication of a modified version of the contract. If the contract will be placed without changes, then the customer must justify the refusal of the proposed changes by the participant.
13. Over the next 3 working days, after the 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 performance of the contract.
14. The customer must sign the contract within 3 working days after the winner does. From this moment the contract is considered concluded.
Please note that the contract cannot be concluded earlier than 10 days from the date of determining the winner, those. placement of the final protocol.
15. In the event that the participant's application was rejected under the first / second part or violations were detected on the part of the customer or the operator of the electronic site during the auction, the participant has 5 days from the date of the final protocol(i.e. from the moment the winner is determined) to file a complaint with the FAS.
You can learn about all the terms of the electronic auction and its features in our training course "Government Order". Rustender employees have specially collected all the necessary information, supported by their own participation experience, thanks to which you will be able to successfully participate in public procurement and receive contracts.
These are the main stages and terms of the auction under 44-FZ, which is held in electronic form on the ETP of federal operators. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the norms of the legislation of the Russian Federation.
These are the main stages and terms of the electronic auction under 44-FZ, reflected in a tabular schematic form. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the articles on our website and subscribe to our news!
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An electronic auction is one of the ways to conduct a purchase, and the most popular one. It consists of several stages, each of which is drawn up by a special document - a protocol. It is about them that will be discussed in this article.
Applying for participation
Before the electronic auction procedure takes place, applications from its potential participants are accepted. This stage takes 7 days for the initial (maximum) price of the contract up to 3 million rubles, and 15 days - for the NMC of the contract more than 3 million rubles.
Each application consists of two parts. The first parts of the applications are considered by the commission of the customer before the auction procedure. This process is regulated by Article 67 of Law No. 44-FZ.
Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
In the course of studying the first part of the application, the commission must determine whether the supplier (contractor) can take part in the auction, that is, whether its documentation complies with the procurement requirements. In case of a positive decision, he is allowed to participate in the auction, otherwise his application is rejected.
The decision made must be Protocol for consideration of applications for participation. It contains a message that the supplier is admitted to the auction, that is, becomes its participant, or about the rejection of the application with a detailed disclosure of the reason for this. In addition, the protocol must contain the serial number of applications, as well as the decision of each member of the commission in relation to each application (to admit or refuse to participate in the auction).
The commission of the customer has 7 days to check the first parts of the applications, form a protocol and send it to the EIS and to the electronic platform.
There are cases when only one supplier passes the stage of consideration of the first parts of applications or no one passes at all. Then the procedure is declared invalid.
Holding an auction
The auction is held 2 days after all applications are considered and the list of participants is formed. Its essence lies in the fact that the participants make offers more favorable for the customer prices, that is, reduce the price of competitors. When the auction is announced, no more than 10 minutes are given for reflection - during this time you need to offer your price. After each new offer, there is another 10 minutes to beat the current price with a better one. If the next price offer is not "interrupted" within 10 minutes, then the auction ends. If no bids have been received within 10 minutes from the moment of start, the auction is declared invalid.
30 minutes after the end of the procedure, the ETP operator publishes Protocol of the electronic auction. This document must include the address of the electronic platform, the date of the auction, the start and end times of the auction, as well as the price offers that the participants made during it. They are ranked by price, indicating the number of the application and the time at which this offer was received.
The protocol is also sent to contract service customer, and with it - the second part of the participants' applications. If there were many of them, then the customer will see only the first 10 price offers.
Summarizing
Article 69 of Law No. 44-FZ regulates the procedure for considering the second parts of participants' applications. This will take no more than 3 days.
The commission must check each application for compliance with the auction documentation and accept on it collective decision. As a result, no more than 5 best applications will be selected that correspond to the documentation for the second parts. They will enter into Auction summary protocol. In it, bids must be placed at a price indicating the time of submission of the offer. The protocol is signed by all members of the auction commission and placed in the UIS and on the ETP no later than the next day.
The participant who offered the lowest price of the contract, whose application fully satisfies the procurement documentation, is recognized as the winner of the auction.
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