Hello, dear colleague! In today’s article we will talk about participation in the most popular procurement procedure today - electronic auction within the framework of 44-FZ. IN present moment Electronic auctions account for more than 65% of all purchases carried out in the Russian Federation (information as of July 20, 2019). The popularity of this procedure is only gaining momentum every year, but despite this popularity, problems among auction participants are not decreasing. Therefore, in my article I tried to provide the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article was updated on July 20, 2019).
So, let's first look at 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 purchase is communicated by the Customer to an unlimited number of persons by placing in the (Unified Information System) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on procurement participants, the holding of such an auction is ensured on electronic platform its operator.
There is a simpler definition, which, in my opinion, is much easier to understand:
Electronic auction — auctions held in electronic form on electronic platforms, the winner of which is the person who offers the most low price state (municipal) contract.
The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 44-FZ.
As stated above in the definition, electronic auctions are carried out on electronic platforms.
Electronic platform — This is an Internet site where electronic trading is conducted.
According to Part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, and services are purchased, including:
The inclusion of goods, works, and services in the above lists is carried out if the following conditions are simultaneously met:
Important: The customer has the right to purchase goods, works, and services not included in the above lists through an electronic auction (Part 3 of Article 59 of 44-FZ).
As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the Unified Information System and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be in force on January 1, 2019. Now new procurement participants must register in the Unified Information System, after which they will be automatically accredited at 8 “state” sites. This is much more convenient and faster than separate accreditation at each site. But accreditation at the specialized site “AST GOZ” is carried out separately.
Participants who were accredited to “state” electronic trading platforms before 01/01/2019 will be able to participate in procurement in electronic form without registering in the UIS until 12/31/2019. Such participants can register in the UIS at any time during 2019 year.
ETP operators Notlater than working day , following the day of registration of the procurement participant in the Unified Information System, accreditation of such participant on the electronic platform.
This accreditation is carried out through information interaction ETP with UIS (Part 4, Article 24.2 44-FZ).
Important addition! On July 1, 2019, the provisions of the Federal Law of May 1, 2019 No. 71-FZ “On Amendments to Federal law"ABOUT 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 a new procedure that came into force on January 1, 2019, that is, after registration of the procurement participant in the Unified Information System. Moreover, 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 electronic signature operators for its further inclusion in the register. But only those participants who have registered in the Unified Information System can do this, i.e. received accreditation for electronic testing according to the new rules.
In this part of the article, I will describe step by step all the actions of the Customer and the procurement participant during an open auction in electronic form under 44-FZ. Let's first look at the Customer's actions with you.
Stage No. 1 - Preparing for an electronic auction
At this stage, the Customer is organizing and planning the upcoming purchase, forms an auction (single) commission, determines its composition and operating procedure, develops and approves the regulations on the commission, and attracts a specialized organization (if necessary).
Stage No. 2 - Preparation of documents for an electronic auction
At this stage, the Customer is developing and approving documentation about the electronic auction ( general provisions, information card, application form, instructions for filling out the application, justification for the NMCC, terms of reference, draft contract, etc.).
Stage #3 - Posting information about the electronic auction
At this stage, the Customer prepares and places in the Unified Information System (on the official website www.zakupki.gov.ru) a notice of the electronic auction and documentation.
Stage No. 4 - Identification of participants in an electronic auction
At this stage, the Customer reviews the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.
Stage #5 - Determining the winner of the electronic auction
At this stage, the Customer reviews the second parts of applications for participation in the EA received from the operator of the electronic platform and prepares a protocol for summing up the results. Over the course of a day, over 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.
Stage No. 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 the availability of the contract security or bank guarantee, and signs the 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.
Stage No. 1 - Receiving an electronic signature
To participate in electronic auctions, as well as register in the Unified Information System and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, you can order it on favorable terms.
Stage No. 2 - Registration in the Unified Information System 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 undergo this procedure. How to do this was written above.
Note: The first two stages are, in fact, preparatory stages, without which participation in electronic auctions is impossible.
Stage No. 2.1 - Opening a special account for depositing collateral for applications
In order to apply for participation in an electronic auction, you will also need a special account into which money is credited to secure applications. Also, the site operator will debit money from this account for winning the auction if you are recognized as the winner. What a special account is and why it is needed is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.
Stage #3 - Searching for information about an ongoing electronic auction
At this stage, the potential participant searches for information about the ongoing auction posted in the Unified Information System (on the official website www.zakupki.gov.ru) 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 of effective search for tenders, our online school “ABC of Tenders” has a separate training module, which covers both paid and free information search tools. You can find out more about our school.
Stage No. 4 - Analysis of auction documentation
At this stage, the procurement participant studies the documentation on the ongoing EA (technical specifications, instructions, draft contract, etc.) and makes a decision: to participate in the auction or not. If the participant makes a positive decision, then he moves on to the next stage.
Stage #5 - Application cash to a special bank account / provision of a bank guarantee
The next mandatory step is depositing funds into a special bank account, or providing a bank guarantee ( Important: The opportunity to provide a bank guarantee as security for an application became available to procurement participants from July 1, 2019). This is necessary in order to ensure your participation in the electronic auction.
Note:
Stage No. 6 - Preparing and sending an application
At this stage, the participant must prepare his application, consisting of 2 parts, attach all necessary documents on the electronic platform, sign them with a qualified electronic signature and send them to the operator of the electronic platform.
Within one hour from the moment of receiving information from the bank, the operator of the electronic platform sends to the bank information about the procurement participant and the amount of funds necessary to secure the application, except in the case of the presence in the registers of bank guarantees provided for in Article 45 of 44-FZ, information about the bank 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 funds in the special account of the procurement participant in the amount of the security for the corresponding 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 about 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 No. 7 -
Direct participation in the electronic auction
If, after the Customer has reviewed the first parts of the applications, the participant’s application is found to meet the Customer’s requirements, such participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the established day and time and takes part in the EA procedure (submits price proposals). We will talk in more detail about how this procedure takes place later in this article.
Stage No. 8 - Conclusion of a contract with the Customer based on the results of an electronic auction
If the EA participant is recognized as the winner, he prepares the contract security (or payment order), checks the draft contract prepared by the Customer, and sends to the Customer, through the operator of the electronic platform, a contract signed with a qualified electronic signature, as well as a document confirming the provision of the execution security contract. The process of concluding a contract with the Customer is described in more detail.
So we have looked at 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.
For ease of perception of information, all stages of the electronic auction, as well as the timing of these stages, are presented below in table form. This table also contains links to specific paragraphs of Law No. 44-FZ in which these deadlines are established.
According to the requirements of paragraph 4 of Art. 3 44-FZ, an EA participant can be any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of a legal entity registered in an offshore zone) or any individual, including one 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 44-FZ ( Note: These are requirements for the participant to have the necessary licenses, SRO approvals, requirements for the absence of information about the participant in the register of 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 find out more about the requirements for procurement participants.
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 44-FZ.
So, according to Part 3 of Article 66 of 44-FZ, the first part of the application for participation in the electronic auction must contain:
1) consent of the electronic auction participant for the supply of goods, performance of work or provision of services on the terms provided for in the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given using the software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent to the electronic platform);
2) when purchasing goods or purchasing work, services, for the performance or provision of which the goods are used:
A) name of the country of origin of the goods (if the Customer establishes in the notice of an electronic auction, documentation of an electronic auction conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 44-FZ);
Important: If the Customer does not establish prohibitions and restrictions on the admission of goods in the notice and documentation 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 established in the electronic auction documentation, and indication of the trademark (if available) . The information provided for in this subclause is 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 with a trademark different from the trademark specified in the documentation electronic auction.
Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to supply this particular product to the Customer, then in the first part of the application it will be enough to simply indicate your consent to supply this product. There is no need to indicate specific product indicators. If the trademark is not indicated or you plan to supply goods with a different trademark, then indicating specific indicators in this case is mandatory.
The biggest 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 “their” supplier (contractor).
In order to avoid mistakes when participants prepare the first part of the application, I have prepared a detailed practical guide called “Punch Application. Get admission to any auction.” You can find out more about this guide.
According to Part 3.1 of Article 66 of 44-FZ first part of the application to participate in an electronic auction if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ project documentation must contain only consent procurement participant to perform work on the terms provided for in the electronic auction documentation ( Note: such consent is given using the software and hardware of the electronic platform).
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), postal address of the auction participant, contact details, INN of the auction participant or an analogue of the INN of the auction participant (for a foreign person), INN (if any) of the founders, members of the collegial executive body, person performing the functions of the sole executive body of the auction participant;
2) documents confirming the auction participant’s compliance with the requirements established by paragraph 1 of part 1 of Article 31 44-FZ, or copies of these documents, as well as ( 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 goods, work or services with the requirements established in accordance with the legislation of the Russian Federation, if, in accordance with the legislation of the Russian Federation, requirements for goods, work or services are established and the submission of these documents is provided for by the documentation on EA ( Note: at the same time, it is not allowed to require the presentation of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);
4) a decision on approval or execution of a major transaction or a copy of this decision;
5) documents confirming the right of an EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (if the EA participant has declared receipt of these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penal system, as well as organizations of disabled people);
6) documents provided for by regulatory legal acts adopted in accordance with Article 14 44-FZ, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents provided for in this paragraph, or copies of such documents, this application is equated to an application that contains a proposal for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed or provided by foreign persons);
7) a declaration that the participant in such an auction belongs to small businesses (SMB) or socially oriented non-profit organizations(SONKO) if 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 documents and information are not allowed;
- An EA participant has the right to submit an application to participate 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 submitting applications are indicated in the local time of the purchasing organization, please remember this when submitting your application);
- An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic platform in the form of 2 electronic documents simultaneously;
- Within one hour from the moment of receiving an 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 returns the application to the participant for reasons specified in paragraphs 1-6 of Part 11 of Article 66 44-FZ);
- An EA participant who submitted an application to participate in the auction has the right to withdraw this application no later than the deadline for filing applications for participation in the auction by sending a notice to the operator of the electronic site;
- Electronic documents (copies thereof) confirming the compliance of the EA participant with the additional requirements established in accordance with Part 2 and Part 2.1 of Art. 31 44-FZ, don't turn on participant of such an auction as part of the second part of the application. Such documents (their copies) are sent to the Customer by the electronic operator using the software and hardware of such a platform simultaneously with the second parts of applications for participation in such an auction from among the documents (their copies) posted in the register of procurement participants accredited on the electronic platform.
1) the application was submitted in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed electronically);
2) one participant in the auction has submitted two or more applications for participation in it, provided that the previously submitted applications 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) an application from an auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The registration period for a participant on the EIS website expires in less than 3 months);
5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer ;
6) the absence in the register of procurement participants accredited on the electronic platform of electronic documents (or copies thereof) of the procurement participant provided for in the list established by the Government Russian Federation(Resolution of the Government of the Russian Federation dated 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 clause 6, part 5 of Art. 63 44-FZ (when making a purchase, in relation to the participants of which the Customer has established additional requirements in accordance with Part 2 and Part 2.1 of Article 31 44-FZ).
In this part of the article, we will look at the procedure for participating in an electronic auction directly on the electronic platform itself.
So, participants registered in the Unified Information System, accredited on the site and admitted to participate in such an auction can participate in the EA (after consideration of the first parts of applications). I think this is clear.
The auction itself is held on an electronic platform on the day specified in the notice of its holding ( Note: The day of the EA is the working day following the deadline for consideration of the first parts of applications to participate in such an auction. In this case, the EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ project documentation carried out 4 hours after the deadline for submitting applications to participate in the specified EA.).
Important: The start time of the auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the Customer is located.
The auction is held by the auction participants reducing the NMCC specified in the notice. The amount of reduction in NMCC (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC. When conducting an EA, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.
1) an auction participant does not have the right to submit a proposal for the contract price:
2) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;
3) an auction participant does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal if it is submitted by such an electronic auction participant ( Note: this means that you cannot reduce your price if it is currently the best).
If a participant in the EA offers a contract price equal to the price proposed by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.
Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not be too alarmed, because it simply will not be accepted by the operator. Accordingly, you can 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 contract price is set at 10 minutes after the last offer on the contract price is received . If during the specified time no offer for a lower contract price has been received, such an auction will be carried out automatically, using software and technical means ensuring its implementation is completed.
Within 10 minutes from the moment of completion of the EA, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account requirements 1 and 3, which are specified above in the section “Requirements for price proposals of auction participants "
Within 30 minutes after completion of the EA, the operator places the protocol of the electronic auction on the electronic platform.
Within 1 hour after posting the protocol of the EA on the electronic platform, the operator of the electronic platform sends to the Customer the specified protocol and the second parts of the participants’ applications, and also sends appropriate notifications to the participants whose second parts of the applications were transferred to the Customer for consideration.
When conducting an EA, if included in the procurement documentation in accordance with clause 8, part 1, art. 33 44-FZ of the project documentation, the operator of the electronic platform also sends to the Customer the provisions provided for in Part 3.1 of Art. 66 44-FZ, the first parts of applications from such participants.
The operator of the electronic site is obliged to ensure the continuity of the auction, the reliability of the functioning of the software and hardware used for its conduct, equal access of its participants to participate in it, as well as the implementation of actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.
To better assimilate the information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:
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 specific auction, on the NMCC, on the number of participants allowed to participate in the auction, and on the auction steps that they use during participation.
The minimum period for conducting an EA is 10 minutes. This is the case when the participants have not submitted a single price proposal.
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 established, amounting to 10 minutes from the start of such an auction before the deadline for submitting proposals for the contract price, and 10 minutes after the last offer is received about the contract price.
The maximum duration of EA can be up to several days. This can happen when the participants reach a contract price of 0.5% of the NMCC or lower. And then an auction is held for the right to conclude a contract by increasing the contract price (Part 23, Article 68 of 44-FZ). However, in practice such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.
I am often asked whether 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 platform, but this is illegal. Then the next question arises. Is there legal ways find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow us to predict which suppliers will take part in a particular auction. I wrote a separate detailed article on this topic, which you can read.
Below are cases in which an auction in electronic form under 44-FZ is declared invalid.
According to Part 9 of Art. 83.2 44-FZ contract can be concluded no earlier than 10 days from the date of placement in the Unified Information System of the protocol for summing up the results of the electronic auction.
Within 5 days from the date of posting the summary protocol in the Unified Information System, the Customer places the draft contract in the Unified Information System and on the electronic platform without his signature.
Within 5 days from the date the Customer places the draft contract in the Unified Information System, the winner places in the Unified Information System the draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.
If there are disagreements regarding the draft contract posted by the Customer in the Unified Information System, the winner places in the Unified Information System 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, the 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 the winner places the protocol of disagreements in the UIS, the Customer reviews the protocol of disagreements and, without his signature, places a revised draft contract in the UIS and on the electronic platform, or re-posts the draft contract in the UIS, indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, posting in the Unified Information System and on the electronic platform by the Customer a draft contract indicating in a separate document the reasons for the refusal to take into account, in whole or in part, the winner’s comments contained in the protocol of disagreements is allowed provided that such winner has posted the protocol of disagreements on the electronic platform within 5 days from the date the Customer posted the draft contract in the EIS).
Within 3 working days from the date the Customer places documents in the UIS and on the electronic platform (the finalized draft contract, or the initial draft contract + document on the reasons for refusal), the winner of the electronic auction places in the UIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the execution of the contract.
Within 3 working days from the date of posting in the Unified Information System the draft contract and contract enforcement, signed with an enhanced electronic signature of the winner, the Customer is obliged to place the contract signed with an enhanced electronic signature in the Unified Information System and on the electronic platform.
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.
If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:
You can learn more about anti-dumping measures in 44-FZ.
At the end of the article, I suggest you watch another very useful video, which tells you why you should not apply for participation in the EA at the very last moment.
This concludes my article on participation in electronic auctions under 44-FZ. Like and 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!
A participant in public procurement can be any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of its capital, or any individual, including individual entrepreneur(IP).
Before participating in government procurement, check whether you meet the requirements of 44-FZ, and, of course, prepare the necessary documents for participation in the auction. What else needs to be done before starting work on 44-FZ will be commented on by our lecturer Yu. Maisky, presenter of the webinar “”.
Want to know more? Take the online distance course ""
The procurement participant must comply with the requirements of public procurement legislation:
Watch the video commentary by Roman Chibisov, a tender expert, about the auction list:
Also, an electronic auction is held in relation to goods (works, services) included in the additional list, which is approved by the highest executive body state power of a constituent entity of the Russian Federation, if the purchase is carried out to meet the needs of the corresponding constituent entity of the Russian Federation (Part 2, Article 59).
The customer has the right to purchase goods, works, and services through an electronic auction that are not included in the auction list, if such GWS can also be described in detail and accurately (Part 3 of Article 59). The criteria for determining the auction winner are quantitative and monetary.
The customer conducts an open electronic auction if there is no need to evaluate participants’ proposals based on the special characteristics of goods, qualifications of participants, work experience, etc., and the law does not allow purchasing goods, works or services from a single supplier or by requesting quotations.
If the customer is obliged to use closed methods for determining the supplier, then an open electronic auction is not held (Part 2 of Article 84 No. 44-FZ).
Watch the video commentary by Yuri Maisky, the presenter of the webinar, about the cases in which an auction is considered invalid.
Used only in the following cases:
There are no other restrictions on determining a supplier through an electronic auction.
A participant in public procurement is usually interested in where to find an electronic auction that is suitable for him in order to offer a product produced by his company, a proposed work or service? You can search for the purchase you are interested in in the following ways:
Only after you analyze the information about ongoing and completed electronic auctions, you will be able to choose those that are right for you and prepare to participate in them.
The participant must carry out a preliminary analysis and calculation before deciding to participate in public procurement. After he has decided to participate in tenders under Law 44-FZ, he needs to find information about those procurements that interest him and prepare all the necessary documentation. Then you need to carefully check whether the information contained in the prepared documentation corresponds to the customer’s requests.
The participant may need legal assistance, therefore, it is worth involving your legal service in the work, and if the participant’s company does not have one, then contact a third-party lawyer to study the provisions of the customer’s draft contract and identify possible risks. The bidder must also plan in advance its financial resources to secure the bid and, if successful, to enforce the contract. And only after that you can submit an application. This, in fact, is the starting point from which the long journey of participation in government procurement begins.
Management of state and municipal procurement (ac. hours) - additional professional program advanced training for contract managers, contract service specialists and purchasing commissions.
According to current legislation, the main way to satisfy government needs in the field of supply of required goods, works, and services is government procurement. An order for government procurement is placed in two ways: competitive (through bidding) and non-competitive (without bidding).
The competitive form of ordering comes down to the selection of suppliers according to pre-selected criteria. The main principle of public procurement in this case is equal competitive participation. The government contract is concluded with the winner who meets the requirements of the customer’s documentation and offers the most favorable terms of the contract.
Law No. identifies the following forms of bidding:
Competition, as a method of public procurement, is used to determine the supplier for complex, expensive supplies. The winner of the competition is determined based on several criteria, including quality, price, and successful experience in similar deliveries.
An auction differs from a competition in that the main criterion for choosing a supplier is price. The government contract is concluded with the participant who put forward the lowest cost of supplies.
Both in the case of a competition and in the case of an auction, the customer places an application for a government order in the relevant trading systems describing the requirements for the supplied goods, works, and services, and within a specified period accepts applications from participants. Applications sent within the deadlines and drawn up taking into account the stated requirements are allowed to bid. After the agreed date, the acceptance of proposals ceases and consideration of the received proposals begins.
These types of auctions can also be conducted electronically through specialized trading platforms. This method is gaining increasing popularity, as it significantly simplifies the government procurement procedure and is accessible to a wide range of participants and other interested parties. To participate in electronic trading, the supplier must be accredited on the relevant site and have an electronic digital signature.
A special feature of this trading method, such as a request for quotation, is that the customer, through a single information system and electronic communication channels sends an application for concluding a government contract to an unlimited number of persons. The contract is concluded with the supplier who offers the lowest price.
Request for proposals is a competitive method of public procurement, in which the customer informs potential suppliers about existing needs and invites them to submit appropriate applications.
It should be noted that the last two methods of bidding are carried out only in certain cases, subject to established restrictions on the contract amount, types of purchased goods, works, services, and taking into account other conditions.
In business practice, other methods of classifying trades are also accepted. Thus, depending on the methods of attracting participants, open, closed and limited participation tenders are distinguished. Open tenders are usually held electronically, and anyone can take part in them. An open procedure is necessary to attract the maximum number of participants.
In some cases, the customer may set certain requirements for the supplier’s qualifications - the presence of the necessary experience, licenses, approvals, membership in specialized self-regulatory organizations. This form of identifying a supplier is a tender with limited participation and is intended to exclude participants who do not meet the stated criteria.
Closed form of bidding is carried out mainly in relation to government procurement that constitutes a state secret. A limited number of companies that have received an invitation from the customer are allowed to participate in the procedure.
After confirmation of accreditation, you must open a special bank account. Funds are transferred to it to secure the auction application.
The amount of security for each auction is set by the customer in the range from 0.5% to 5% of the initial contract price. In case of winning and cancellation of the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.
If you do not win, the security will be returned within 5 business days. If you win, the application security will also be returned, but after the contract security has been deposited and it has been signed.
An application for an auction can be submitted if funds to secure it have been credited to your personal account.
After submission, each application is assigned a serial number. On some sites it corresponds to the number of applications submitted, and you can use it to determine how many participants there are. If there are any doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.
The customer’s auction commission reviews the first parts of applications within 7 days and makes a decision: to allow electronic trading or reject. The name of the company in the first part is kept secret until the second parts are reviewed.
Based on the results of consideration, a protocol with application numbers and a decision on admission is published on the site. The names of the companies remain hidden.
If you are admitted to the bidding procedure, it is important not to miss the time of the electronic auction. Usually this is the third working day after the publication of the admission protocol.
There may be confusion with time zones. The auction can take place early in the morning or at night and last for hours. Needed reliable internet and a backup channel, an uninterruptible power supply or laptop (and charger!), checking the functionality of the digital signature.
There are many more overlaps than you can imagine.
How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit a proposal – 10 minutes. After each new bet, 10 minutes are counted anew.
You always have 10 minutes to decide on a new bet.
You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed since the last bid, the main auction ends. The first place is taken by the offer with the minimum price. But that's not all.
The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.
You have 10 minutes for this. If the bid of the auction winner for the second parts is rejected, the contract will be signed with the next participant in line. Additional submission in an electronic auction is important stage, increasing the probability of winning.
