An electronic auction is a rather complicated method of procurement, which provides for the customer to perform a number of successive actions within the period established by Law No. 44-FZ. In the article we will talk about each stage of the electronic auction and the timing.
At the School of Electronic Trading, this is a professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
An electronic auction in Law No. 44-FZ refers to a method for determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.
For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.
1. Placement in the Unified Information System (UIS) of a notice of an electronic auction and documentation.
In order to communicate information about the purchase to an unlimited circle of people, the customer places a notice of the auction in the EIS.
The minimum terms for posting a notice in the EIS are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMTsK). Thus, if the NMCC does not exceed 3 million rubles, a notice must be placed at least 7 days before the deadline for submitting applications for participation in the electronic auction, with the NMCC more than 3 million rubles. - not less than 15 days.
Law No. 44-FZ does not establish a special procedure for calculating terms. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period determined by the period begins on the next day after the calendar date or event that determined its beginning.
A notice of an electronic auction should be placed in such a way that the period between the day of placement of the notice and the day of the deadline for submitting bids is at least 7 (15) calendar days.
The Ministry of Economic Development of Russia adheres to a similar position (letter No. OG-D28-11486 dated August 28, 2015).
Customers should be very careful about the timing of posting a notice of procurement, since a fine of 30,000 rubles may be imposed on an official of the customer for shortening the deadline for submitting bids. (Part 8, Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction may be canceled by order of the control authority.
2. Placement in the EIS of explanations of the provisions of the documentation on the electronic auction.
Clarifications of the documentation must be placed in the EIS within 2 days from the date of receipt of the participant's request from the operator of the electronic platform.
However, if a request is received later than 3 days before the deadline for submission of applications, the customer does not have to respond to such a request. In the event that the last day of the deadline for the receipt of a request by the customer falls on a weekend, the end date of this period is the working day following it (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).
3. Making changes to the notice of an electronic auction or auction documentation.
The customer may decide to amend the notice of purchase, the auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. It is necessary to place the text of changes in the EIS within 1 day from the date of the said decision.
When making changes, you need to make sure that from the date the changes were posted until the deadline for applications, at least 7 days, and at the NMTsK more than 3 million rubles. - at least 15 days. If necessary, the application deadline is extended.
4. Refusal to conduct an electronic auction.
You can cancel the auction no later than 5 days before the closing date for applications. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only in the event of a force majeure event.
5. Consideration of the first parts of applications for participation in the electronic auction.
Not later 1 business day following the deadline for submitting bids for participation in the auction, the operator of the electronic site sends the first parts of the bids to the customer. The auction commission is obliged to check the received applications in order to identify persons admitted to participate in the auction.
The first parts of applications for participation in an electronic auction must be considered within the period specified in the notice and documentation of the auction, which cannot exceed 7 calendar days from the date of the application deadline.
The minutes of consideration of applications must be sent to the operator of the electronic site and posted in the EIS no later than the deadline for consideration of applications.
6. Determination of the winner of the electronic auction.
An electronic auction is held on an electronic platform on the day and time specified in the notice of an electronic auction. The start time of the auction is set by the operator of the electronic platform. The day of the electronic auction is the working day following the expiration of 2 days from the date of expiration of the term for consideration of the first parts of applications for participation in such an auction.
After the start of the auction to submit price offers assigned 10 minutes. This time is automatically extended after the next proposal of one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another bid (not lower than the last bid for the minimum price of the contract).
7. Consideration of the second parts of applications for participation in the electronic auction.
The second parts of the applications are sent by the operator of the electronic platform to the customer within 1 hour after the protocol of the electronic auction is posted on the electronic site.
It is necessary to consider the second parts of applications for participation in an electronic auction within 3 business days from the date of placement on the electronic site of the protocol of the electronic auction. The protocol of summing up the results of the auction is published in the EIS no later than 1 business day following the date of its signing.
8. Conclusion of a contract with the winner of the electronic auction.
The customer is obliged to place in the UIS a draft contract with the included conditions for its execution, proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the EIS of the protocol for summing up the results of the electronic auction.
If the winner of the electronic auction places a protocol of disagreements in the EIS, the customer is obliged to consider and take into account the comments of the winner (or refuse to take these comments into account) within 3 business days after posting in the EIS (on the electronic platform) the protocol of disagreements.
If the winner sends the protocol of disagreements after 13 days after the protocol of debriefing is posted in the EIS, it is not required to agree on disagreements. In this case, the winner of the electronic auction is recognized as having evaded the conclusion of the contract.
After placing in the UIS (on the electronic platform) the draft contract signed by the winner of the electronic auction, the customer is obliged to sign it if the winner has provided adequate security for the performance of the contract.
It is advisable to check the provided security immediately after the provision of the security by the winner of the electronic auction. If a bank guarantee is presented as security, then the customer must consider it within a period of no more than 3 business days from the date of receipt.
The customer must sign the contract within 3 business days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the EIS (on the electronic site) the protocol for summing up the results of the electronic auction.
It is worth considering that if the last day of the deadline for signing the draft contract by the winner is non-working, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter No. D28i-1449 dated June 1, 2015).
If the winner of the electronic auction is recognized as evading the conclusion of the contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date of recognition of the winner of the auction as evaded, as well as no later than 3 business days from the date of conclusion of the contract with the second participant, send information about the winner who evaded the conclusion of the contract.
In order not to get confused in the main terms provided for by Law No. 44-FZ, we suggest that you use the table below:
| No. p / p | Auction stage | Deadlines | Article in the Law No. 44-FZ |
|---|---|---|---|
| Placement of notices and documentation in the EIS | At NMTsK, ≤ 3 million rubles, - not less than 7 days | Part 2 of Article 63 | |
| With NMTsK > 3 million rubles. - not less than 15 days | Part 3 of Article 63 | ||
| 2. | Placement in the EIS of explanations of the provisions of the documentation | During 2 days from the date of receipt of the participant's request | Part 4 of Article 65 |
| 3. | Changes to notice and documentation | Not later than 2 days before the deadline for applications | Part 6 of Article 65 |
| 4. | Cancellation of the auction | Not later than 5 days before the deadline for applications | Part 1 of Article 36 |
| 5. | Consideration of the first parts of applications | No more 7 days from the closing date for applications | Part 2 of Article 67 |
| 6. | Conducting an electronic auction | Business day following the expiration of 2 days from the date of the deadline for consideration of the first parts of applications to participate in the auction | Parts 2, 3 of Article 68 |
| Submission of quotations - 10 minutes(automatically extended after the next offer) | Part 11 of Article 68 | ||
| After regular time for another 10 minutes the participant can improve his price offer | Part 12 of Article 68 | ||
| 7. | Consideration of the second parts of applications | H e more than 3 working days from the date of posting the protocol of the electronic auction | Part 5 of article 69 |
| 8. | Conclusion of a contract with the winner | The draft contract is posted within 5 days from the date of posting the protocol of summing up the results of the electronic auction | Part 2 of article 70 |
| Consideration of the winner's comments - within 3 business days after the protocol of disagreements is posted in the EIS | Part 5 of Article 70 | ||
| Verification of collateral when providing a bank guarantee - no more than 3 business days from the date of admission | Part 5 of Article 45 | ||
| Signing of the contract by the Customer - within 3 business days from the date of placement in the EIS of the draft contract signed by the winner, but not earlier than 10 days from the date of placement in the UIS of the protocol for summing up the results of the electronic auction | Parts 7, 9 of Article 70 | ||
| The winner is recognized as evader - no later than 10 days the customer sends the draft contract to the second participant | Part 14 of Article 70 | ||
| Submission of information for inclusion in the RNP - no later than 3 business days from the date of conclusion of the contract with the second participant | Part 4 of Article 103 |
Participation in public procurement auctions still raises many questions, and therefore we have prepared a guide that includes five steps. Study it, and you will definitely win.
The auction is the most popular type of procedure: in 2015, 56% of purchases were made by state customers under the Law "On the contract system ..." with its help. Participation in the auction still raises quite a few questions, and therefore we have prepared a guide that includes 5 steps that will allow you to win.
Stage 1. Filing an application
You need to prepare in advance!
It is necessary to conduct a preliminary analysis of the customer, making the calculation of the minimum favorable price. Since it is possible to submit bids several times in an auction (unlike other procedures), it is better to calculate the lower limit in advance.
An individual entrepreneur from Samara, Oleg Vitalyevich P., participated in an electronic auction for the provision of laundry, ironing and disinfection services for a city hospital. The customer set the minimum price for the provision of laundry services for a unit of linen - 58.33 rubles. (the total price of the contract was just over 400 thousand rubles). And the entrepreneur calculated that washing 1 kg of linen in his laundry would cost an average of 20 rubles. per kg. (140.0 thousand rubles). Thus, Oleg Vitalyevich could trade no less than this amount, and the price of the contract won was 140.8 thousand rubles.
If the company only shines in purchases, but does not win them, then this will be an additional confirmation of its good faith. However, after winning public procurement, Oleg Vitalyevich approached representatives of a large state corporation with a proposal to be their supplier in the procurement of similar services. He also received a lucrative offer from a large supermarket chain and a serious commercial customer. The entrepreneur provided services for the hospital, which played an important role in signing the contract, since medical institutions have rather high requirements for such services.
The classic auction in its traditional form with a hammer has given way to an electronic auction. At the same time, the concept of “auction step” has been preserved. The Federal Law on the contract system No. 44-FZ clearly attributes the definition of the above term: “The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) is from 0.5 percent to five percent of the initial (maximum) contract price” (part 6 of article 68 44-FZ).
In accordance with Federal Law No. 44-FZ, the maximum time interval between participants' proposals is 10 minutes. If during this time no offer has been received, the auction is considered completed.
There are several tactics for submitting an offer. For example, in the first 10-20 minutes you can watch competitors who have started trading. In the process of conducting an electronic auction, you can see how each of the participants behaves. Some participants prefer to make the minimum step of the auction (0.5% of the initial maximum contract price (IMCC)) and wait until the last seconds to make a step again. Others prefer more active actions - quickly submit their price proposals and (or) make an auction step with a significant price reduction (more than 0.5% of the NMTsK).
After observing the development of trading, we can draw a conclusion about the number of key participants in the electronic auction, as well as their behavior and tactics. Of course, there are "gray schemes" of trading. For example, two key participants and two dummy participants participate in the auction. Two dummy participants in the electronic auction reduce the price as much as possible, after which the auction ends. After submitting the last offer, each of the participants in the electronic auction has the right to submit their price offer within 10 minutes, which cannot be higher than the last bid. Thus, one of the key participants, who was in cahoots with two front players, submits his price offer with a slight drop. When considering the second parts of the applications of the first two dummy participants in the electronic auction, the commission is obliged to reject their applications for non-compliance with the requirements of Federal Law No. 44-FZ. Therefore, two key players remain. As a rule, an electronic auction participant who did not participate in the “gray scheme” does not submit a bid and exits before the end of the electronic auction, because. sees a big price cut. In most of these cases, the key participant in the electronic auction who was in collusion is declared the winner.
Experienced participants in electronic auctions always observe the beginning of an electronic auction without interference. And after 20-30 minutes of bidding, they can determine whether there are fake participants among the participants in a particular electronic auction. The auction step (its value) of each participant in the electronic auction can give a good hint for winning tactics.
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An electronic auction is one of the most common ways to identify suppliers, performers / contractors. In contrast to the so-called "paper procedures", electronic auctions are the least laborious and most convenient when organizing participation in them. And according to statistics, over 50% of the total number of tenders announced this year are electronic.
Until the Unified Information System has been put into effect, which will enable all participants in the order to conduct electronic document management, you will be able to participate in other procedures for determining suppliers only after submitting an application on paper. And this greatly complicates the possibilities of potential suppliers from remote regions of the country. Moreover, "paper procedures" have a number of disadvantages. For example, a high level of corruption, since in such purchases customers have the opportunity to falsify documents and perform illegal manipulations with participants' applications. Such procedures are quite difficult to control and have an extremely low level of openness, objectivity and competition.
That is why the Ministry of Economic Development plans to transfer all types of purchases to the electronic field. It is assumed that from January 1, 2015, federal Customers and Customers of the constituent entities of the Russian Federation will completely switch to electronic procurement, and from July 1, 2015, municipal Customers will also refuse from "paper procedures".
So, participating in electronic auctions is quite simple. The main thing is to follow the sequence of stages and deadlines established by Federal Law No. 44-FZ “On the contract system”.
The first stage is obtaining an electronic signature.
An electronic signature (ES) is required to gain access to electronic trading platforms (ETP) and participate in electronic auctions. Also, the presence of an electronic signature for trading will allow you to:
- Protect yourself from forgery and falsification of your documents
- Prove the authorship of your documents
- Submit quotations to the ETP
- And finally conclude a contract with the Customer.
Stage two - accreditation on the electronic trading platform
IMPORTANT!
Accreditation confirmation can take up to 5 working days.
To date, government customers announcing purchases under Federal Law No. 44-FZ conduct electronic auctions at 5 federal sites: sberbank-ast.ru, etp. roseltorg.ru, etc. zakazrf.ru, rts-tender.ru, etp-micex.ru. Having passed accreditation on these trading platforms, you will have the opportunity to participate in all government tenders. By the way, accreditation is carried out using the same electronic signature key.
Stage three - securing the application
In accordance with Law No. 44-FZ "On the contract system", the customer can establish such a requirement as bid security, the amount of which should not exceed 5% of the initial maximum contract price. And one of the main conditions for participation in the auction is the availability of funds in your electronic account in the amount of the application security, which will be blocked immediately after you submit an application for participation.
The application security will be returned to you within 1 business day in the following cases:
- You won and signed a contract
- You placed second or later and the contract with the winner has been signed
- You yourself withdrew the application before the end of their submission
- Or your application was still rejected due to non-compliance with its documentation requirements.
- The bid security is automatically returned even if you failed to submit any bids during the auction.
IMPORTANT!
In the same case, you will be included in the register of unscrupulous suppliers, and within 2 years you will not be able to take part in tenders!
It is also worth knowing when the application security is not returned to you:
- If during one quarter and at one ETP the 2nd parts of your applications were found three times to be inconsistent with the requirements stipulated by the auction documentation
- If you avoided signing the contract.
The fourth stage is the selection of a suitable tender
Where and how can this be done? Everything is very simple.
Today in Russia there is an all-Russian site for placing purchases zakupki.gov.ru. However, due to the workload of the site, as well as ongoing maintenance work, it is often unavailable.
Site system:
- Round-the-clock and free access to all tenders of the Russian Federation and the CIS from any mobile device and from anywhere in the world
- Intelligent search by various criteria and filters
- Multifunctional Personal Account
- Formation and receipt of mailings of tenders
- Every second information update
- Regular notification of new tenders
- Export and save search results
- Assistance and training in working with the system
An excellent solution for searching, selecting and working with tenders is the first and most complete search engine for purchases announced in Russia and the CIS countries - the site. The site system collects tenders from all existing electronic resources: both federal and commercial, and you can find a tender in the system in no time - you just need to set the necessary search parameters.
So, you have found a suitable tender, studied the documentation in detail, got acquainted with the requirements, agreed with the terms and conditions of the contract and are ready to take part in it. How to do it? You need to prepare and submit an application.
Stage five - submitting an application for participation in an electronic auction
The application for participation in the electronic auction consists of two parts. The participant must prepare and fill them out immediately. The first part of the application contains information about the goods, works or services that you are ready to supply, perform or provide. You need to provide the following information:
- Give consent to the supply of goods, works or services in full and within the time specified in the auction documentation
- Provide information about the technical and quality characteristics of the goods offered for delivery or used in the course of work.
The second part of the application contains information about the participant in the order. In it, you confirm your compliance with the requirements of the legislation of the Russian Federation, as well as the requirements established by the electronic auction documentation.
The sixth stage is admission to participation in the electronic auction
At this stage, the Operator of the electronic trading platform sends the first parts of applications to the Customer. The customer, within a period not exceeding 7 days, forms and places on the ETP a protocol for their consideration. In accordance with this protocol, you are admitted to the bidding stage or, conversely, rejected by the Customer.
You may be denied admission to the auction in the following cases:
- You provided false information or did not provide information at all about the product, work or service required by the auction documentation
- You have provided information that does not meet the requirements of the auction documentation.
Were you allowed to participate? Congratulations! Now you are a full member of the electronic auction and have every chance to get a profitable contract!
Stage seven - electronic trading
On the appointed day and hour, you enter the Personal Account of the electronic platform and start submitting your price offers. During the auction, you and other participants in the auction will see only the serial numbers of applications that are assigned to all participants, and price offers. You must submit bids strictly in accordance with the established auction step and range. As a rule, the auction step is from 0.5% to 5% of the initial maximum contract price.
You will have 10 minutes to submit your bid, which must be lower than the previous bidder's bid within the auction step. If within 10 minutes after the last offer none of the participants makes a new price offer, then the auction ends and the second phase of the auction begins - the so-called "bid submission stage", the duration of which is also exactly 10 minutes.
Stage eight - summing up the results of the electronic auction
After the auction, the ETP Operator, within 30 minutes, generates a protocol for the course of the auction, which contains all the minimum offers for the price of the contract made by the participants.
Further, within one hour after the formation of the specified protocol, the site operator sends to the Customer this protocol and the 2nd parts of the applications of the participants who received the first ten serial numbers.
The customer, within a period not exceeding 3 working days, is obliged to form a protocol for summing up the results of the electronic auction and publish it on the trading floor. It is this protocol that will contain information about the winner of the electronic auction.
Are you the winner? Congratulations! Now you just have to conclude a contract with the Customer!
The final stage is the conclusion of the contract and ensuring its execution
At this stage, the Customer, within 5 days from the date of publication of the final protocol of the electronic auction on the official website zakupki.gov.ru, sends the draft contract to the ETP Operator, and the Operator sends the contract to the winner, that is, to you. In turn, you have a few days to sign a draft contract and provide its security or form a protocol of disagreements.
The amount of the contract security is established by the Customer in strict accordance with the provisions of Federal Law No. 44-FZ. As a rule, it ranges from 5% to 30% of the initial maximum contract price. As a protection against dumping, the size of the security can be increased. By the way, you can independently choose one of two ways to enforce the contract:
- Transfer to the account of the Customer of the corresponding amount of the contract security;
- Providing a bank guarantee.
Law No. 44-FZ also does not allow delaying the process of signing a contract. If you do not send the signed draft contract to the customer after 13 days after the placement of the final protocol, then you run the risk of being included in the register of unscrupulous suppliers, as well as losing money in the amount of securing an application for participation in such an auction.
Only after the Customer receives the draft contract with security signed by you, he will sign the contract for his part. From this moment, the contract is considered concluded, and you can begin to execute it.
So, all stages of participation have been completed, and you are a full-fledged executor of the state order!
You can learn more about participation in tenders at the workshops of the Biko Training Center. Choose dates and register for training events.
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Those suppliers who are just about to take part in the auction are concerned about many issues. How to find out the number of competitors? How is the price step determined? Is it possible to start by following the procedure from the outside, without taking part in it? Let's try to answer these and other questions.
My application has been assigned number 10. Does this mean that 9 participants have already registered besides me?
Not at all necessary. After all, applications can be withdrawn and resubmitted. In this case, the numbering will continue. The exact number of participants in the auction before the auction is known to the customer.
Is it possible to watch the course of the auction if you do not take part in it?
Yes, it is possible in the open section of the electronic trading platform. For example, if it is "Sberbank-AST", then you need to select "Auction room" in the "Auctions" menu. A list of all active procedures will appear. You can enter the one of interest and watch the course of the auction.
Registration in ERUZ EIS
From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ (Unified Register of Procurement Participants) register on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
Interested in the history of the auctions of a particular customer. Where can you watch it?
It is available on the official website of the EIS. Here are the results of all electronic auctions. For procedures of interest, you can see the protocols of bidding and summing up, as well as information about the contract.
How is the first quotation submitted? Can it be equal to NMCC?
The first offer must be submitted within 10 minutes after the start of the auction. If this is not followed, it will be declared invalid. The offer must be less than the initial price of the contract - it cannot match it. At the same time, it should differ from the NMTsK by a price step.
How is the price step determined?
The price step range is set by law - it is 0.5-5% of the NMTsK. To improve the current auction price, the bidder must submit a bid in increments within this range.
Can I submit an offer outside the price step?
The first offer must be in any case in the price step. Next, participants can bid outside the step. True, it must be taken into account that such an offer will not improve the price of the auction.
Since the proposal outside the step is not taken into account, why then submit it?
The participant who made such an offer may have his own reasons. For example, he is fighting for second place. There is such a tactic. After all, after the auction, the second parts of the applications are evaluated, and if at this stage the winner is rejected, then the contract will be concluded with participant No. 2.
Does the price of the second and subsequent offers decrease by one step from the price of the leader or from the NMTsK?
The price step, that is, the percentage of its decrease, is calculated from the NMCC. The resulting value is subtracted from the price of the leader.
The participant submits an offer that reduces the price of the leader by a value less than the price increment. Who will be declared the winner in this situation?
The participant who submitted the best offer in the price step will win. An offer outside the step will not be taken into account and will not reduce the price of the leader. This offer can only improve the participant's current offer and will not affect the bid leader in any way.
Can I submit an offer equal to the price of the leader?
Yes, it is appropriate at the end of the auction. The participant who will be the first to submit offers at the same price as the leader will become the second in the Auction Protocol.
