List of goods, works, services carried out by an electronic auction. auction list. How long does an electronic auction last?

The most numerous part of the auction list under 44-FZ is the list of goods, for the implementation of public procurement of which it is necessary mandatory electronic auction. These include:

Raw material. A fairly large group of goods, including oil and oil products, natural gas and coal, and products of coke ovens, various chemical substances and products, metals in finished and ore form, products of other mining enterprises, as well as wood, sawn timber and other products of forestry and logging industries.

Food. This category of goods included in auction list, covers a variety of food and beverages, fish and products from fisheries and fish farms and related processing industries, natural and purified water, as well as the supply of ice, cold air and chilled water.

Clothing. Includes textiles and textile products, clothing and footwear, leather and leather products.

Equipment. This section of the list includes different kinds equipment, including computer, optical and electronic, as well as specialized medical equipment. The industrial and harvesting equipment.

Other. A rather diverse category of goods, which includes products of agricultural and hunting farms, paper industry and products made of paper, cardboard and other similar materials, various medicines and medical preparations, materials and tools.

The presence of an auction list greatly simplifies the competent application of 44-FZ in practice. This is due to the fact that any customer or supplier using this document can quickly determine whether electronic auction a mandatory procedure for public procurement of a particular product.

New auction list: how to apply The essence of the changes The government has approved a new list of goods, works, services purchased through an electronic auction. Changes in the auction list are associated with the introduction of new OKPD2 codes. However, there is an important nuance. The law still does not prohibit the purchase of goods from the list in other ways. How not to make a mistake in choosing a procurement method, taking into account innovations, read the explanation. The auction list, approved by Government Decree No. 471-r dated March 21, 2016, entered into force on March 21, 2016. This is an occasion to remind customers that there are such goods and services, for the purchase of which it is necessary to conduct an electronic auction. What is an auction list Law No. 44-FZ requires customers to conduct an electronic auction if the object of procurement is included in the list approved by the Government of the Russian Federation. Do not forget that such a list can also be established by regional authorities (part 2 of article 59 of Law No. 44-FZ). Therefore, if you are going to purchase for the needs of the subject, check for the presence of regulations that approved the lists in your region. Goods and services are included in the lists on the following grounds: it is possible to formulate a detailed and accurate description of the procurement object; criteria for determining the winner of the auction have a quantitative and monetary value. Is an auction always held for goods from the list of NOTES The purchase of services from credit institutions for the transfer of benefits and subsidies to citizens should be carried out by the customer through an electronic auction in accordance with the provisions of Law No. . You can conduct a request for quotations or a request for proposals. And if the terms of the purchase are subject to one of the paragraphs of Art. 93 of Law No. 44-FZ, then the auction may not be held at all by concluding a contract with a single supplier. It turns out that only a competition cannot be held for goods from the auction list. If the goods are on the list, and you are not ready to conduct an electronic auction, carefully check whether you violate the norms of Law No. 44-ФЗ by announcing a request for quotations. After all, this method of procurement is suitable only if the NMTsK is less than 500 thousand rubles, the annual volume of such purchases does not exceed 10% of the SGOZ and does not exceed 100 million rubles. (Letter of the Ministry of Economic Development of Russia dated December 21, 2015 No. D28i-3712). A request for proposals can also be held in cases strictly defined by Law No. 2 tbsp. 55 of Law No. 44-FZ (for example, no applications for participation were submitted or all applications received were rejected); the electronic auction did not take place; it is necessary to purchase goods, works, services that make up the unfulfilled part of the terminated contract; it is required to purchase goods and services specified in paragraphs. 2, 3, 7, 9, 10 hours 2 tbsp. 83 of Law No. 44-FZ. For example, purchasing medicines prescribed to the patient for health reasons or because of individual intolerance (clause 7, part 2, article 83 of Law No. 44-FZ). When choosing an RFP as a procurement method, take into account the high probability of verification. After all, the list of grounds for its implementation is closed. How to check if the goods are included in the list In the new list, goods, works, services are indicated in accordance with their codes according to All-Russian classifier products by type economic activity OK 034–2014 (CPA 2008). Thus, the task of the customer to find the object of purchase in the list is simplified. Indeed, in the corresponding positions of the structured schedule, the codes are the same. EXAMPLE An institution plans to purchase clothing and footwear. The auction list includes codes 14 "Clothes" (excluding children's clothing) and 15.2 "Shoes". The customer is obliged to conduct an electronic auction or request for quotations (if the NMTsK is less than 500 thousand rubles). And only for the purchase of children's clothing, the institution has the right to hold an open tender. Attention! Penalties For the wrong choice of purchase of goods included in the lists approved by the Government of the Russian Federation or subjects of the Russian Federation, the FAS Russia may attract officials customer to administrative responsibility and fined 50 thousand rubles. Please note that for customers, according to Law No. 223-FZ, the list of purchases that must be carried out in electronic form- mine. It was approved by Decree of the Government of the Russian Federation of June 21, 2012 No. 616. At the end of 2015, it was edited taking into account the new OKPD2 codes.

Trades held on electronic platform, - the most popular way to determine the supplier within the framework of relations in the field of the contract system. In 2016, out of 3 million orders, 58% came from an electronic auction with a total price of placed lots of just over 3.8 trillion rubles. Consider in what cases the customer is obliged and entitled to carry out electronic trading what order approved the current auction list and what goods, works, services are included in it.

Normative base

Part 2 Art. 48 44-FZ establishes the priority of conducting open competition, compared to other methods of identifying a provider. In all cases, the customer carries out procurement through an open tender, with the exception of cases provided for, inter alia, by Art. 59, which reveals the content of the electronic auction (EA) procedure.

The obligation to purchase certain goods and works only by EA is established by Part 2 of Art. 59. List approved Order of the Government of the Russian Federation of March 21, 2016 No. 471-r, and can also be additionally established by the subject of the Russian Federation.

In addition to the cases specified in the Order, Part 3 of Art. 59 of the Law contains provisions on the right of the customer to place an order electronically and in the absence of a necessary item in the list.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, among other things, for the following objects:

• agricultural goods and services;
• mining products;
• foodstuffs and drinks;
• clothes;
• paper;
• medicines;
• computer equipment;
• construction works and etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned order of the Government.

Exceptions to the rules

The customer has the right not to conduct EA even if the subject of the order is in the above list in the following cases.

1. If possible, hold a two-stage or limited participation competition.
   For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Decree of 04.02.2015 No. 99, it is possible to hold a tender with limited participation in the delivery food products, purchased for educational and other organizations, at the NMTsK more than 500,000 rubles.
2. When purchasing food products, drinks purchased for institutions that carry out educational process and recreation for children, medical organizations, institutions social services, organizations of children's recreation.
3. When buying children's clothing.
4. When carrying out work on the construction, reconstruction, overhaul of especially dangerous, technically complex and unique facilities, as well as artificial road structures included in the composition of federal, regional or intermunicipal, local roads.
   Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited tender, depending on the size of the NMCC for these specialized works.
5. When providing services for providing food and servicing ritual and ritual events (weddings, banquets on the occasion of the birth of a child, an anniversary).
6. When purchasing souvenir and gift ballots for voting in elections and referendums.
7. When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list by other means in the following cases:

• with an NMTsK not exceeding 500,000 rubles - a request for quotations (either in accordance with Articles 75, 76, regardless of the size of the NMTsK on the territory of a foreign state or to provide medical care);
• when ordering from a single supplier, in accordance with Art. 93. For example, with NMTsK not exceeding 100,000 rubles;
• when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a limitation for the open tender procedure, and not a condition for the auction.

Responsibility for choosing a procurement method

Art. 7.29 Administrative Code establishes liability in case of an incorrect decision in choosing a method for determining a supplier in the form of an administrative fine in the amount of up to 50,000 rubles.

Hello dear colleague! In today's article, we will talk about participation in the most popular procurement procedure to date - an electronic auction within the framework of 44-FZ. At the moment, the share of electronic auctions accounts for more than 65% of all purchases made in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum every year, however, despite such popularity, problems among auction participants are not getting smaller. Therefore, in my article, I tried to give the most detailed information on participation in electronic auctions under the current 44-FZ. ( Note: this article was updated on 20.07.2019).

1. The concept of an electronic auction

So, let's first consider the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Auction in electronic form (electronic auction) — an auction in which information about the procurement is communicated by the Customer to an unlimited number of persons by placing in (EIS) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on the participants in the procurement, such an auction is provided on the electronic platform by its operator.

There is also a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — auction held in in electronic format on electronic platforms, the winner of which is the person who offered the lowest price for the state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 of the 44-FZ.

2. Platforms for holding electronic auctions

As mentioned above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — This is a site on the Internet where electronic auctions are held.

3. In what cases is an electronic auction held?

According to part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, services are purchased, including:

• to the list established by the Government of the Russian Federation (Decree of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as amended on June 3, 2019) “On the list of goods, works, services, in the event of the procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction )”) Note: this List is a table that indicates the codes for OKPD2 and the names of goods, works, services purchased with the help of EA. In addition, a number of exceptions to this list are indicated;
• or in an additional list at the level of the subject of the Russian Federation (part 2 of article 59 44-FZ).

Inclusion of goods, works, services in the above 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.

Important: The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the above lists (part 3 of article 59 of 44-FZ).

4. Accreditation of participants in the electronic auction

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the EIS and accreditation on the electronic site. old order accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be valid on 01/01/2019. Now new procurement participants must register with the EIS, after which they will be automatically accredited at 8 "state" sites. This is much more convenient and faster than separate accreditation at each site taken. But accreditation at the specialized site "AST GOZ" is carried out separately.

Participants who were accredited to the “state” ETPs before 01/01/2019 will be able to participate in electronic procurement without registration in the EIS until 12/31/2019. Such participants can register in the EIS at any time during 2019 of the year.

ETP operators notlater than business day following the day of registration of the procurement participant in the EIS, such participant is accredited on the electronic site.

This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 of 44-FZ).

Important addition! On July 1, 2019, the provisions of the Federal Law of May 1, 2019 No. 71-FZ “On Amendments to the federal law"O contract system in the field of procurement of goods, works, services to meet state and municipal needs. According to these changes, operators of electronic platforms must maintain new registers of procurement participants accredited on the electronic platform in the new order, which entered into force on January 1, 2019, that is, after registration of the procurement participant in the EIS. At the same time, in order to participate in procurement with additional requirements in accordance with parts 2 and 2.1 of Article 31 of 44-FZ, participants must send such information to ES operators for its further inclusion in the register. But only those participants who have been registered in the EIS can do this, i.e. received accreditation for EP according to the new rules.

5. Algorithm for conducting an electronic auction under 44-FZ

In this part of the article, I will describe in stages all the actions of the Customer and the procurement participant during an open auction in electronic form in accordance with 44-FZ. Let's first consider with you the actions of the Customer.

5.1 Actions of the Customer during the electronic auction

Stage #1 - Preparation for the electronic auction

At this stage, the Customer organizes and plans the forthcoming purchase, forms an auction (single) commission, determines its composition and functioning, develops and approves the regulation on the commission, attracts a specialized organization (if necessary).

Stage #2 - Preparation of documents for holding an electronic auction

At this stage, the Customer is developing and approving the documentation for the electronic auction ( general provisions, information card, application form, instructions for filling out the application, justification of the NMCC, technical task, draft contract, etc.).

Stage 3 - Placing information about the electronic auction

At this stage, the Customer prepares and places in the EIS (on the official website www.zakupki.gov.ru) a notice of an electronic auction and documentation.

Stage 4 - Identification of participants in the electronic auction

At this stage, the Customer considers the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.

Stage number 5 - Determination of the winner of the electronic auction

At this stage, the Customer considers the second parts of applications for participation in the EA received from the operator of the electronic site and prepares a protocol for summing up. During the day, more than 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.

Stage 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks for the presence of a security for the performance of the contract or a bank guarantee, and signs a contract with the winner.

So, we have dealt with the actions of the Customer, now let's look at the actions of the procurement participant.

5.2 Actions of the participant during the electronic auction

Stage #1 - Obtaining an electronic signature

To participate in electronic auctions, as well as to register in the EIS and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then order it on favorable conditions You can .

Stage #2 - Registration in the EIS and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, so he must go through this procedure without fail. How to do this was written above.

Note: The first two steps are essentially preparatory stages, without passing which participation in electronic auctions is impossible.

Stage 2.1 - Opening a special account for depositing bid security

In order to submit an application for participation in an electronic auction, you will also need a special account to which money is credited to secure applications. Also, the platform operator will debit money from this account for winning the auction if you are recognized as the winner. What is a special account and why is it needed, it is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.

Stage 3 - Search for information about an ongoing electronic auction

At this stage, a potential participant searches for information posted in the EIS (on the official website www.zakupki.gov.ru) about the ongoing auction and downloads the entire set of auction documentation to his computer. The search for information can also be carried out by the participant directly on the electronic platforms themselves. On the topic effective search tenders in our online school "ABC of tenders" there is a separate training module, where both paid and free information search tools are considered. You can learn more about our school.

Stage 4 - Auction documentation analysis

At this stage, the procurement participant studies the documentation on the ongoing EA (terms of reference, instructions, draft contract, etc.) and decides whether to participate in the auction or not. If the participant makes a positive decision, then he proceeds to next step.

Stage number 5 - Application Money to a special bank account / provision of a bank guarantee

The next mandatory step is to deposit funds into a special bank account, or provide a bank guarantee ( Important: The possibility of providing a bank guarantee as a security for the application appeared for the procurement participants from 07/01/2019). This is necessary in order to ensure your participation in the electronic auction.

Note:

• if the NMCC EA is up to 20 million rubles, then the amount is from 0.5% to 1% of the NMCC;
• if the NMCC EA is more than 20 million rubles, then the amount of the application security is from 0.5% to 5% of the NMCC;
• if the purchase is carried out among institutions or enterprises of the penitentiary system or organizations of the disabled and the NMCC is more than 20 million rubles, then the size of the application security is from 0.5% to 2% of the NMCC.

Stage 6 - Preparing and submitting an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all Required documents on the electronic platform, sign them with a qualified electronic signature and send to the operator of the electronic site.

Within one hour from the date of receipt of information from the bank, the operator of the electronic site sends to the bank information about the procurement participant and the amount of funds necessary to secure the application, except for the case that the registers of bank guarantees provided for in Article 45 of 44-FZ contain information about the bank a guarantee issued to the procurement participant to secure such an application.

The bank, within one hour from the moment of receiving the specified information from the operator, is obliged to block the funds on the special account of the procurement participant in the amount of security for the relevant application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.

If there are bank guarantees in the registers provided for in Art. 45 44-FZ, information on a bank guarantee issued to a procurement participant to secure an application for participation in an electronic auction, blocking funds in his special account in the amount of security for the corresponding application not implemented .

Stage number 7 - Direct participation in the electronic auction

If, after consideration by the Customer of the first parts of the applications, the application of the participant is recognized as meeting the requirements of the Customer, such a participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the set day and time and takes part in the EA procedure (submits price offers). In more detail about how this procedure goes, we will talk later in this article.

Stage 8 - Conclusion of a contract with the Customer following the results of an electronic auction

In the event that the EA participant is recognized as the winner, he prepares the contract performance security (or payment order), checks the draft contract prepared by the Customer, and sends to the Customer through the operator of the electronic platform the contract signed with a qualified electronic signature, as well as a document confirming the provision of the performance security contract. The process of concluding a contract with the Customer is described in more detail.

So we have considered the algorithm for conducting an electronic auction under 44-FZ. Each of the stages we have considered has strictly regulated deadlines, which we will discuss below.

6. Deadlines for holding an electronic auction under 44-FZ

For the convenience of information perception, all stages of the electronic auction, as well as the timing of these stages, are presented below in the form of a table. This table also contains links to specific paragraphs of Law No. 44-FZ, in which these terms are established.

7. Calculator for holding an electronic auction under 44-FZ

11. Requirements for participants of the electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, any legal entity can be an EA participant, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of legal entity registered in an offshore zone) or any individual, including those registered as individual entrepreneur.

Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if there are such requirements) of Article 31 of the 44-FZ ( Note: these are requirements for the participant to have the necessary licenses, SRO permits, requirements for the absence of information about the participant in the register unscrupulous suppliers(RNP), as well as additional requirements established by the Government of the Russian Federation).

General requirements to all procurement participants are established in Art. 31 44-FZ.

You can learn more about the requirements for procurement participants.

12. Application for participation in an electronic auction

According to part 2 of Art. 66 44-FZ, an application for participation in an electronic auction consists of 2 parts: the first and second parts of the application.

The requirements for the content of the first part of the application are established by the norms of parts 3, 3.1, 4 of Article 66 of the 44-FZ.

So, according to part 3 of article 66 of 44-FZ, the first part of the application for participation in an electronic auction must contain:

1) consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms stipulated by the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given with the use of software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent on the electronic site);

2) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:

a) name of the country of origin of goods (in the event that the Customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation of an electronic auction, in accordance with Article 14 of 44-FZ);

Important: If the Customer in the notice and documentation does not establish prohibitions and restrictions on the admission of goods in accordance with Article 14 of the 44-FZ, the procurement participant may not indicate in his application the name of the country of origin of the goods.

b) specific product indicators , corresponding to the values ​​set in the electronic auction documentation, and indication of the trademark (if any) . The information provided for by this subparagraph shall be included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked trademark, other than the trademark indicated in the electronic auction documentation.

Important: If the Customer specifies a trademark in the electronic auction documentation, and you are ready to supply the Customer with this particular product, then in the first part of the application it will be enough to simply indicate your consent to the supply of this product. You do not need to specify specific indicators of the goods. If the trademark is not specified or you plan to deliver the goods with a different trademark, then the indication of specific indicators in this case is mandatory.

most big problem for 90% of procurement participants is the rejection of their applications at the stage of consideration by the Customer of the 1st part of the application. In fact, the first part of the application for the Customer is the main tool for lobbying "its" supplier (contractor).

In order to avoid mistakes when participants prepare the first part of the application, I have prepared a detailed practical guide called “Breaking Application. Get access to any auction.” Learn more about this manual can .

According to part 3.1 of article 66 of 44-FZ first part of the application for participation in an electronic auction in case of inclusion in the procurement documentation in accordance with paragraph 8 of part 1 of Art. 33 44-FZ design documentation must contain only the consent participant in the procurement for the performance of work on the terms stipulated by the documentation on the electronic auction ( Note: such consent is given using the software and hardware of the electronic platform).

The second part of the application to participate in the EA must contain the following documents and information:

1) name (full name), location (place of residence), mailing address of the auction participant, contact details, TIN of the auction participant or an analogue of the TIN of the auction participant (for a foreign person), TIN (if any) of the founders, members of the collegiate executive body, the person acting as the sole executive body of the auction participant;

2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of part 1 of article 31 of 44-FZ, or copies of these documents, and also ( Note: the specified declaration is provided using the software and hardware of the electronic platform. However, I also recommend attaching this declaration as a separate file as part of the second part of the application);

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the EA ( Note: at the same time, it is not allowed to require the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);

4) a decision to approve or commit big deal or a copy of this decision;

5) documents confirming the right of the EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (in the event that the EA participant has declared that he has received these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penitentiary system, as well as organizations of the disabled);

6) documents provided for by the NLA adopted in accordance with Article 14 of 44-FZ, in the case of the purchase of goods, works, services that are subject to the said NLA, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons);

7) a declaration on the affiliation of a participant in such an auction to small businesses (SMEs) or socially oriented non-profit organizations(SONKO) in the event that the customer establishes the restriction provided for in Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic platform. Also, additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

• Require the EA participant to provide other documents and information, with the exception of those provided for in Part 3 or Part 3.1 and Part 5 of Art. 66 44-FZ of documents and information is not allowed;
• The EA participant has the right to submit an application for participation in the auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for bids are local time of the procuring entity, please keep this in mind when submitting your bid);
• An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic site in the form of 2 electronic documents simultaneously;
• Within one hour from the moment of receipt of the application for participation in the EA, the operator of the electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or return the application to the participant for reasons specified in paragraphs 1-6, part 11 of article 66 44-FZ);
• An EA participant who submitted an application for participation in the auction has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction by sending a notification to the operator of the electronic site;
• Electronic documents (their copies) confirming the compliance of the EA participant with additional requirements established in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ, not included a participant in such an auction as part of the second part of the application. Such documents (their copies) are sent to the Customer by the ES operator using the software and hardware of such a site simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) placed in the register of procurement participants accredited on the electronic site.

Cases of return of the application to the participant by the operator of the electronic platform:

1) the application was filed in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed with an electronic signature);

2) one auction participant has submitted two or more applications for participation in it, provided that the applications submitted earlier by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant's application was received after the date or time of the deadline for submitting applications for participation in the auction;

4) the application from the auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: the term of registration of a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, executors) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant - a legal entity, provided that this requirement established by the Customer;

6) the absence in the register of procurement participants accredited on the electronic site, electronic documents (or copies thereof) of the procurement participant, provided for by the list established by the Government Russian Federation(Decree of the Government of the Russian Federation of February 4, 2015 No. 99) in accordance with Part 3 of Art. 31 44-FZ, or non-compliance of such documents (or their copies) with the requirements established in the notice of the EA in accordance with paragraph 6 of part 5 of Art. 63 44-FZ (during the procurement, in respect of the participants of which the Customer has established additional requirements in accordance with Part 2 and Part 2.1 of Article 31 44-FZ).

13. The procedure for an electronic auction under 44-FZ

In this part of the article, we will consider the procedure for participating in an electronic auction directly on the electronic site itself.

So, participants registered in the EIS, accredited on the site and admitted to participate in such an auction, can participate in the EA (after considering the first parts of the applications). I think it's understandable.

The auction itself is held on the electronic platform on the day specified in the notice of its holding ( Note: The day of the EA is business day following the deadline for consideration of the first parts of applications to participate in such an auction. At the same time, the EA, if included in the procurement documentation in accordance with clause 8 of part 1 of Art. 33 44-FZ design documentation held 4 hours after the deadline for submission of applications to participate in the specified EA.).

Important: The start time of the auction is set by the operator of the electronic site in accordance with the time zone in which the Customer is located.

The auction is held by auction participants reducing the NMTsK specified in the notice. The amount of the decrease in the NMTsK (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC. During the EA, its participants submit proposals for the price of the contract, providing for a reduction in the current minimum offer for the price of the contract by an amount within the "auction step".

Requirements for bids of bidders:

1) the auction participant is not entitled to submit an offer on the contract price:

• equal to the proposal previously submitted by him;
• greater than the previously submitted offer;
• equal to zero;

2) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the “auction step”;

3) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer if it is submitted by such an electronic auction participant ( Note: this means that you can not reduce your price if it is currently the best).

If an EA participant proposes a contract price that is equal to the price offered by another participant in such an auction, the contract price offer received earlier is recognized as the best one.

Note: If during the EA you inadvertently submit a proposal that does not comply with the above established requirements, then don’t be too scared, because. it simply will not be accepted by the operator. Accordingly, you will be able to adjust your proposal and submit it again.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.

When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is 10 minutes after the receipt of the last contract price offer . If during the specified time no offer for a lower contract price has been received, such an auction is automatically, with the help of software and technical means, ensuring its implementation, is completed.

within 10 minutes from the moment the EA is completed, any of its participants has the right to submit a contract price offer that is not lower than the last contract minimum price offer, regardless of the “auction step”, taking into account requirements 1 and 3, which are specified above in the “Requirements for Price Offers of Auction Participants” section ".

within 30 minutes after the completion of the EA, the operator places the protocol of the electronic auction on the electronic site.

The EA protocol specifies:

• address of the electronic site;
• date, time of beginning and end of such auction;
• NMCC;
• all minimum contract price bids made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to bids for participation in such an auction, which are submitted by its participants who made the corresponding contract price bids, and indicating the time of receipt of these proposals.

Within 1 hour after the protocol of the EA is posted on the electronic site, the operator of the electronic site sends the said protocol and the second parts of the participants' applications to the Customer, and also sends appropriate notifications to the participants whose second parts of the applications were submitted to the Customer for consideration.

When conducting an EA in case of inclusion in the procurement documentation in accordance with paragraph 8 of part 1 of Art. 33 44-FZ of the project documentation, the operator of the electronic site also sends to the Customer the provisions of Part 3.1 of Art. 66 44-FZ the first parts of the applications of such participants.

The operator of the electronic site is obliged to ensure the continuity of the EA, the reliability of the operation of the software and hardware used for its conduct, equal access of its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.

For a better assimilation of information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:

14. How long does the electronic auction last?

Many procurement participants are interested in how long the electronic auction procedure can last. It is difficult to give an unambiguous answer to this question, since everything depends on the particular auction taken, on the NMCC, on the number of participants admitted to participate in the auction, and on the steps of the auction that they use during participation.

Minimum term EA is 10 minutes. This is in the case when the participants did not submit a single price offer.

According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set, which is 10 minutes from the start of such an auction before the deadline for submitting contract price bids, and 10 minutes after the last offer about the price of the contract.

The maximum duration of EA can be up to several days. This can happen when the participants reached the contract price of 0.5% of the NMTsK or lower. And then the auction is held for the right to conclude a contract by raising the price of the contract (part 23 of article 68 of 44-FZ). In practice, however, such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

15. How to find out the participants of the electronic auction?

I am often asked if it is possible to find out information about participants in an electronic auction before bidding. I will answer that it is possible only by bribing the operator of the electronic site, but this is illegal. Then the next question arises. Are there legitimate ways to find out information about participants in an electronic auction? Yes there is. They are not accurate enough, but with a high degree of probability they allow you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate detailed article, which you can read.

16. Recognition of an electronic auction under 44-FZ as invalid

Below are the cases in which an auction in electronic form according to 44-FZ is recognized as failed.

1. In the event that at the end of the deadline for submitting applications for participation in the EA, only one application has been submitted or not a single application has been submitted, such an auction is recognized as failed (part 16 of article 66).
2. If, based on the results of consideration of the first parts of applications for participation in the EA, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction is recognized as failed (part 8 of article 67).
3. If, within 10 minutes after the start of the EA, none of its participants submitted an offer on the price of the contract, such an auction is recognized as failed (part 20 of article 68).
4. If the auction commission decides that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the EA or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as failed (part 13 of Art. 69).
5. If the second participant (if the winner of the EA evades concluding a contract with the Customer) did not provide the Customer with the signed draft contract and contract performance security within the established period, the electronic auction is declared invalid (part 15 of article 83.2).

17. Conclusion of a contract based on the results of an electronic auction

According to part 9 of Art. 83.2 44-FZ a contract can be concluded 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.

within 5 days from the date of placement in the EIS of the protocol of summarizing the results, the Customer places in the EIS and on the electronic platform without his signature a draft contract.

within 5 days from the date of placement by the Customer in the EIS of the draft contract, the winner places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

In the event of disagreements on the draft contract posted by the Customer in the EIS, the winner places in the EIS a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date of placement by the winner in the EIS of the protocol of disagreements, the Customer considers the protocol of disagreements and, without his signature, places the finalized draft contract in the EIS and on the electronic site, or re-posts the draft contract in the EIS indicating in a separate document the reasons for refusing to take into account all or part of the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, the placement in the EIS and on the electronic site by the Customer of the draft contract indicating in a separate document the reasons for refusing to take into account the comments of the winner in full or in part contained in the protocol of disagreements is allowed provided that such a winner posted the protocol of disagreements on the electronic site within 5 days from the date of placement by the Customer in the EIS of the draft contract).

Within 3 working days from the date of placement by the Customer in the EIS and on the electronic site of documents (a revised draft contract, or an initial draft contract + a document on the reasons for refusal), the winner of the electronic auction places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

Within 3 working days from the date of placement in the EIS of the draft contract and ensuring the execution of the contract, signed by the winner's enhanced electronic signature, the Customer is obliged to place the contract signed with the enhanced electronic signature in the EIS and on the electronic site.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For ease of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.

Cases of recognizing the winner of an electronic auction as having evaded the conclusion of a contract:

1. if the winner in the established Art. 83.2 44-FZ did not send the signed draft contract to the Customer;
2. if the winner did not send the Customer a protocol of disagreements within 5 days from the date of placement by the Customer in the EIS of the draft contract;
3. if the winner has not complied with the anti-dumping requirements under Art. 37 44-FZ (in the event of a contract price reduction of 25% or more from the NMCC).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:

• enforcement of the contract in accordance with Part. 1 Article. 37 44-FZ (if NMTsK > 15 million rubles); enforcement of the contract in accordance with Part. 1 Article. 37 44FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of a contract performance security in the amount of the contract performance security specified in the procurement documentation (if the NMCC< 15 млн. руб.);
• justification of the price of the contract in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, means for ambulance, including emergency specialized, medical care provided in an emergency or urgent form, medicines, fuel).

Learn more about anti-dumping measures in 44-FZ you can.

At the end of the article, I suggest you watch another very useful video, which tells why you should not apply for participation in EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like, share information with friends and colleagues. If after studying the material you still have questions, then ask them below in the comments.

See you in new articles!

The obligation of the customer to conduct auctions in the form is established if goods, works or services are purchased that are included in a special list - the auction list under 44-FZ 2019.

Normative base

So, what order approved the current auction list? He's fixed. You can check it out below.

It should also be emphasized that the list of purchased products can be additionally set by each region of Russia separately.

Before that, another document was in force in this area, but it became invalid due to the fact that the codes for the All-Russian Classifier of Products by Type of Economic Activity (OKDP2) OK 034-2014 (KPES 2008) were replaced.

How the list was made

Products, as well as works and services, are included in the list of purchases by auction according to 44-FZ in accordance with the following features:

• determination of the person who won the auction has a cost and quantity assessment;
• it is possible to formulate an exact description of the object of the auction.

The list of services under 44-FZ, as well as goods and works, is compiled in accordance with their codes under OKPD2. This makes it easier to find what you need.

Is it always necessary to conduct purchases in the form of an auction? No not always. You can carry out procedures in both the form and in the form, as well as conclude a contract (unless, of course, this does not contradict).

You should pay attention to the fact that, for example, a request for quotations is carried out only if it is no more than 500,000 rubles, and - no more than 10% and does not exceed 100 million rubles.

It is also important to recall that the request for proposals is carried out in the cases regulated by the Law on the contract system:

• tender procedures are declared invalid;
• the electronic auction did not take place;
• there is a need to purchase products that constitute the unfulfilled part of the terminated contract;
• the need to purchase goods and services that are specified in.

Changes in 2019

On February 12, 2018, changes were made to the auction list under 44-FZ by Government Decree No. 213-r. In the position, which is determined by OKPD2 49, in the exceptions, instead of codes 49.1, 49.31.21.140, 49.5, codes 49.1, 49.31.21, 49.39.11, 49.5 became. We wrote more about this in the article. And you can download the list of auction goods under 44-FZ of the current edition at the link below.

Customer responsibility

It should be borne in mind that for the wrong choice of purchasing products included in this list, it is possible to bring the responsible persons of the customer to liability in accordance with the Code of Administrative Offenses of the Russian Federation, namely, a fine of 50,000 rubles.