Deadline for bidding. What protocols are drawn up at the electronic auction. Requirements for price proposals of bidders

According to part 5 of Art. 69 of Law N 44-FZ, the total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed 3 business days from the date of placement on the electronic site of the protocol of the electronic auction. Thus, the protocol for summing up the results of the electronic auction must be drawn up and signed within 3 working days from the date of posting on the electronic site of the protocol of the electronic auction and no later than the next business day after signing, it must be posted on the official website. rubles; for more than 2 working days - 30,000 rubles (parts 13, 14, article 7.30 of the Code of Administrative Offenses of the Russian Federation). The above is confirmed law enforcement practice, see, for example, p.

Deadlines for holding an electronic auction under 44-FZ

Consideration of 2 parts of the application must take place within a period of no more than 3 working days from the moment the protocol on the procurement is posted on the site. 10. After this stage, the customer must place a draft contract, he has five days to do this. 11. In another five days, the signing of the contract or the publication of the protocol of disagreements by the participant should take place.
12. If a disagreement was sent, then three days are given to the customer to study the protocol and publish the amended 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. Within the next 3 days, after the publication of the revised (or the same) version of the contract, the signing and enforcement of the contract by the participant of the electronic auction must take place.
14.

Terms of the electronic auction according to the law No. 44-fz

Attention

The contract is concluded on the terms specified in the notice of an electronic auction and documentation of such an auction, at the price offered by its winner. 11. The funds deposited as security for an application for participation in an electronic auction shall be returned to the winner of such an auction within the time limits established by Part 6 of Article 44 of this federal law. 12. In the case provided for by Part 23 of Article 68 of this Federal Law, the contract is concluded only after depositing to the account, on which, in accordance with the law Russian Federation transactions with funds received by the customer, participant of the electronic auction with which the contract is concluded are taken into account, Money in the amount of the price offered by such a participant for the right to conclude a contract, as well as providing security for the performance of the contract.

13.

44-FZ Support/Auction Time Calculator

An overview of the practice of conducting unscheduled inspections of actions (inaction) of a customer, an authorized body (institution), a specialized organization, a procurement commission, official contract service, contract manager, operator electronic platform when conducting procurement in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs”, prepared by the Department for Control of Placement of State Orders of the Federal Antimonopoly Service of Russia (April 2015). The answer was prepared by: Expert of the Legal Consulting Service GARANTChashina Tatyana Quality control of the answer: Reviewer of the Legal Consulting Service GARANTSerkov Arkady August 5, 2015

Article 70. Conclusion of a contract based on the results of an electronic auction

The publication contains the timing of the electronic auction in accordance with the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 05.04.2013 No. 44-FZ. Information provided as of 11/14/2016 Notice of an electronic auction (Customer) clause 2 of Art. 63 No. 44-FZ p. 3 Art. 63 No. 44-FZ Contract price not more than 3 million - 7 days before the deadline for submitting bids Contract price more than 3 million - 15 days before the deadline for submitting bids Amendments to the auction documentation (Customer) p. 63 No. 44-FZ Not later than 2 days before the deadline for submitting applications for participation in the auction Sending a request for clarification of the provisions of the auction documentation (Participant) p. 4 Art. 65 No. 44-FZ 3 days before the deadline for submitting bids Placement of explanations of the provisions of the auction documentation (Customer) p. 4 art.

Info

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 NMTsK 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 purchases in electronic form, then 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 bids.

Important

The answer must be provided to him 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 specified period, he will have to take part in the auction.

6. next step is the consideration of the first parts of the applications submitted by the participants.
If the winner of the electronic auction is found to have evaded the conclusion of the contract, the customer has the right to apply to the court with a claim for compensation for damages caused by the evasion of the conclusion of the contract in the part not covered by the amount of the security of the application for participation in the electronic auction, and conclude a contract with a participant in such an auction who offered the same as the winner of such an auction, whose contract price or contract price offer contains Better conditions at the price of the contract, following the conditions proposed by the winner of such an auction. If this participant agrees to conclude a contract, this participant is recognized as the winner of such an auction, and the draft contract attached to the auction documentation is drawn up by the customer by including in the draft contract the conditions for its execution proposed by this participant.

Deadline for placement of auction results 44 ap

Within three working days from the date of placement in a single information system draft contract signed by enhanced electronic signature the person entitled to act on behalf of the winner of the electronic auction, and the provision by such winner of the contract performance security, the customer is obliged to place the contract, signed with an enhanced electronic signature of the person entitled to act on behalf of the customer, in a single information system. 8. From the moment of placement in the unified information system of the contract provided for by paragraph 7 of this article and signed by the customer, it is considered concluded. 9. The contract may be concluded not earlier than ten days from the date of placement in the unified information system of the protocol for summing up the results of the electronic auction.

Deadlines for posting the minutes of summing up the results of the auction under 44 fz

How long should the protocol for summing up the results of the electronic auction held in accordance with the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" be signed, which should be posted in a single information system no later than the next business day following the date of signing? Having considered the issue, we came to the following conclusion: The protocol of summing up the results of the electronic auction must be signed by the members of the auction commission within 3 business days from the date of posting the protocol of the electronic auction on the electronic site and made publicly available within the next business day.

• Rustender
• Question answer
• 44-FZ
• Terms of the electronic auction under 44-FZ

The term of the electronic auction under 44-FZ means the period of time allotted for each stage of the purchase. Let us consider in more detail how many stages there are in total and in what terms, according to the law, they must pass. 1. The very first step in organizing an electronic auction is the placement of a notice of its holding and tender documentation.

Here, the auction period under 44-FZ varies depending on the amount of the NMTsK: if it exceeds 3 million rubles, then a notice must be posted 15 days (or more) before the deadline for accepting applications. If the amount is less than 3 million rubles. - then 7 days (or more). 2. There are times when it is necessary to make changes to the notice itself or the documentation.

The customer has time for this, but no later than 2 days before the deadline for accepting applications.

Protocols in an electronic auction are documents that first record the applications that have passed the bidding stage, and then the winner of the electronic auction - the participant with whom the state contract will be signed. The law on the contract system provides for three main protocols, which are drawn up not only by the customer, but also by the operator trading platform.

How to make an application review protocol

Since the information about the contact details of the participants is confidential, the auction commission considers only the first part of the proposal of the participant, which contains the consent to the supply or performance of works, services, as well as specific information about the quality, functional characteristics of the procurement object. That is, the customer, without having data on the names of the participants, determines whether their proposals meet the requirements established by the terms of reference and Part 3 of Art. 66 44-FZ.

The document determines the admission of participants and, in accordance with Part 6 of Art. 67, must contain:

• serial numbers of applications;
• decision on admission or refusal of admission to participation with justification and indication of the decision of each member of the commission;
• information about the presence among the applications of an offer to supply goods that are produced abroad or in a group of foreign countries. These data must be entered into the protocol if the conditions, prohibitions, restrictions on the admission of goods, works, services are established by the customer within the framework of the national regime under Art. 14 44-FZ.

It is compiled on the marketplace. You need to fill out a special form. The functionality of the sites allows you to use templates and save data to a text document. The paper version is signed by all members of the commission who are present at the meeting, no later than the deadline for consideration of the first parts. It is recommended to attach a scanned copy of the document to the electronic form on the site, and then send it to the operator who will publish it in the Unified Information System (EIS).

The term for consideration of the first parts is no more than seven days from the closing date for the submission of applications and is determined in the auction documentation and notice even when published in the EIS.

From 07/01/2018, the deadline for consideration of the first parts in procurement with an initial (maximum) contract price of up to 3 million rubles. is 1 business day.

If there are no bids, or only one bid has been submitted or accepted, or all have been rejected, the protocol for recognizing the auction as invalid is published. If only one application is submitted, the operator sends the customer two parts at once, which the auction commission must consider within three working days. In the document for consideration of a single proposal, it is necessary to reflect information about its compliance or non-compliance with the requirements of the documentation and the law, indicating the decision of each member of the commission (part 1 of article 71).

How the protocol for conducting an electronic auction is formed

Suppliers whose applications are approved by the customer can take part in the auction. The procedure is carried out in compliance with the confidentiality of information about its participants. Within thirty minutes after the end of the auction, the operator places a document on the site that contains information (Article 68):

• address of the trading platform;
• date, time of beginning and end of trading;
• the initial (maximum) price of the contract;
• all minimum offers on the price of the contract, indicating the serial numbers of participants.

If within ten minutes after the start of the procedure no one has submitted a price offer, the auction is considered invalid. This is required to be specified in the bidding document. At the same time, one should not confuse the timing of the publication of the protocol of the auction in electronic form and the timing of the protocol for summing up the results of the electronic auction 44-FZ. They will be discussed further.

How to draw up a protocol for summing up the results of an auction

After the bidding, the operator sends the customer the second parts of the proposals and the accreditation data of the participants. 3 working days are given for the execution of the document (part 5 of article 69, part 2, 3 of article 71).

The protocol for summing up the results of the auction 44-FZ must contain (part 8 of article 69):

• serial numbers of five suppliers that meet the requirements of the documentation and the law;
• a decision on the compliance or non-compliance of applications with the rationale and indication of the decision of each member of the commission.

Summing up the results of the electronic auction under 44-FZ is carried out on the day the protocol is posted. It is published in the same order as the procedure for reviewing the first parts. The deadline for publishing the protocol of summing up the results of the electronic auction is the next business day after signing by the members of the commission.

If none of the applications meet the requirements or only one is found to be compliant, the electronic procedure is declared invalid.

How to make a decision on consideration of applications

The legislator did not approve the template for the protocol for considering the first parts of applications for the electronic auction 44-FZ. Make it free. Be sure to fill in the information that is enshrined in Part 6 of Art. 67 44-FZ:

• an identification number;
• admission decision. If not, justify the refusal. Indicate what provision in the participant's proposal does not correspond to the documentation, what information he did not provide, or what information is unreliable;
• the decision of each member of the commission;
• are there any participants who offer to supply foreign goods if the documentation establishes prohibitions, restrictions or conditions for admission under Art. 14 44-FZ.

Publish the protocol on the electronic platform and in the EIS. Do this no later than the deadline for reviewing the first parts. This is enshrined in Part 7 of Art. 67 44-FZ.

In part 2 of Art. 67 states that maximum term to consider the first parts of applications in procurement with the NMCC more than 300 million rubles. - three working days from the date when the acceptance of proposals ended. If the NMCC is less than this indicator, then consider no longer than one business day from the deadline for submission of proposals.

In procurement construction works from paragraph 8 of part 1 of Art. 33 44-FZ, when the auction documentation contains design and estimate documentation, the protocol is not generated. This is spelled out in part 10 of Art. 67 44-FZ.

We collected forms for different situations in a table based on the results of consideration of the first parts.

How the auction protocol is formed

Suppliers who have been admitted participate in bidding to lower the initial (maximum) contract price (IMCC). During the auction, information about the participants is not disclosed. Thirty minutes after the announcement of the minimum price, the electronic platform places a document on the progress of the electronic auction. It includes information that is spelled out in Art. 68 of the law on the contract system:

• website of the electronic platform;
• date, time of start and end of trading;
• NMCC;
• minimum contract price offers;
• serial numbers of potential suppliers.

If 10 minutes after the start of the auction there are no bids, it is recognized that it did not take place.

How to write a debriefing decision

The legislator did not approve the template for the protocol for the consideration of the second parts of the applications of the electronic auction 44-FZ. Make it free. It is important to fill in the information that is enshrined in Part 8 of Art. 69 44-FZ:

• identification numbers of 5 applications that were admitted;
• whether or not the proposals of the participants comply with the requirements of the documentation;
• if the application or the participant does not comply, indicate the section, paragraph of the documentation that does not comply;
• decision and signature of each member of the commission for each potential supplier (part 8 of article 69 44-FZ).

We collected forms in a table for different situations based on the results of consideration of the second parts.

Publish the decision on the electronic platform and in the EIS. Do this no later than the next business day after the members of the commission have signed. In order to consider the second parts of the applications, form a decision and endorse it with the commission, there are deadlines for the protocol for summing up the results of the electronic auction 44 FZ - a maximum of 3 working days from the date when the document on the auction progress appeared on the site. This is indicated in part 5 of Art. 69 44-FZ.

How to make a decision on consideration of a single application

In paragraph 1, part 1, art. 71 of the law on the contract system states that if one participant participates in the auction, then the electronic platform provides access to both the first and second parts of the offer at the same time. Evaluate them and draw up a protocol based on the results of the review. In it, indicate the information that is enshrined in paragraph 3 of part 1 of Art. 71 44-FZ:

• matches or doesn't match sole member documentation requirements. If it does not match, indicate the section, paragraph of the documentation that he or his proposal contradicts;
• decision and signature of the members of the commission.

After the committee members sign this document, publish it on the site no later than 3 working days from the day the site provided access to the first and second parts. This is indicated in paragraph 3 of part 1 of Art. 71 of the law on the contract system.

We have collected forms in a table for situations where one participant meets the requirements of the auction documentation and when it contradicts it.

Corresponds
Does not match

How to make a decision on the absence of applications

If there are no participants in the auction procedure, then indicate the following wording in the protocol:

At the end of the period specified in the notice for filing applications for participation in the auction in electronic form, no applications were received. In accordance with Part 16 of Art. 66 of the Federal Law of April 05, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the auction in electronic form is declared invalid.

1. Only participants registered in the unified information system, accredited on the electronic site and admitted to participate in such an auction can participate in an electronic auction.

2. Electronic auction is held on the electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an auction is set by the operator of the electronic site in accordance with the time zone in which the customer is located.

3. The day of the electronic auction is the working day following the date of the expiration of the period for consideration of the first parts of applications for participation in such an auction. In this case, an electronic auction, if included in the procurement documentation in accordance with clause 8 of part 1 of Article 33 of this Federal Law, of project documentation is held four hours after the deadline for filing applications for participation in the specified electronic auction.

(see text in previous edition)

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

5. If, in accordance with this Federal Law, the quantity of goods supplied, the volume of work to be performed, the provision of services cannot be determined, an electronic auction shall be conducted by reducing the initial sum of prices for units of goods, work, services in the manner established by this article.

(see text in previous edition)

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 percent to 5 percent of the initial (maximum) contract price.

(see text in previous edition)

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

8. When conducting an electronic auction, any of its participants is also entitled to submit a proposal for the price of the contract, regardless of the "auction step", subject to the requirements provided for by part 9 of this article.

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

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

2) a participant in such an auction 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) a participant in such an auction 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.

10. From the beginning of the electronic auction on the electronic site until the deadline for submitting proposals for the price of the contract must be indicated in without fail all bids for the contract price and the time of their receipt, as well as the time remaining until the deadline for submitting bids for the contract price in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is ten minutes from the beginning of such an auction until the deadline for submitting proposals for the price of the contract, as well as ten minutes after the receipt of the last proposal for the price of the contract. The time remaining until the deadline for submission of contract price bids is updated automatically, using software and technical means, ensuring the holding of such an auction, after the reduction of the initial (maximum) price of the contract or the receipt of the last offer on the price of the contract. If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.

12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any of its participants has the right to submit an offer for the contract price, which is not lower than the last offer for the minimum contract price, regardless of the "auction step", subject to the requirements provided for paragraphs 1 and 3 of part 9 of this article.

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

14. During the conduct of an electronic auction, the operator of an electronic site shall be obliged to reject proposals for the price of a contract that do not meet the requirements provided for by this article.

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

16. If a participant in an electronic auction 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.

17. If an electronic auction is held in accordance with paragraph 5 of this article, the participant who offered the lowest price of the contract is recognized as the person who offered the lowest amount of prices for units of goods, work, services.

(see text in previous edition)

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

(see text in previous edition)

19. Within one hour after the protocol specified in paragraph 18 of this article is posted on the electronic site, the operator of the electronic site is obliged to send to the customer the specified protocol and the second parts of the applications for participation in such an auction, submitted by its participants, whose contract price proposals, when ranked in in accordance with part 18 of this article, received the first ten serial numbers, or, if less than ten of its participants took part in such an auction, the second parts of the applications for participation in such an auction submitted by its participants, as well as information and electronic documents these participants, provided for by Part 11 of Article 24.1 of this Federal Law. At the same time, when conducting an electronic auction, if project documentation is included in the procurement documentation in accordance with clause 8 of part 1 of Article 33 of this Federal Law, the operator of the electronic site also sends to the customer the first parts of the applications of such participants provided for by Part 3.1 of Article 66 of this Federal Law. Within the specified period, the operator of the electronic site is obliged to send appropriate notifications to the participants.

(see text in previous edition)

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 in total 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 works on construction, reconstruction, overhaul of capital construction facilities is 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 the placement of 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 starting price 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 of the 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 working 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 working 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 submission of 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 deadline for submitting bids.

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 recent changes follow the rules 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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