In this section you will find examples of correct filling the first part of the application- requirements for specific indicators of the proposed material or product to fulfill construction works, supply of equipment. For those professionals who are trying to fill out form 2 on their own, this will be very helpful information. Of course, each task must be considered in conjunction with the instructions for filling out, but for beginners it will help to avoid unnecessary mistakes, demonstrate how to correctly fill out the first part - specific indicators, increase the chance of obtaining a Permit and possibly lead to victory.

Notice No. 0173200001416000385 dated May 13, 2016. Performing maintenance work for the needs educational organizations subordinated to the Department of Education of the city of Moscow in 2016 (joint bidding). Organizer of the auction: Department of the city of Moscow for competition policy. Starting price: 27 072 851 ,29 R.

Notice No. 0173200001416000138 dated March 29, 2016. Services for complex service buildings of institutions subordinate to the Department of Education of the city of Moscow (joint purchase among SMP and SONO, budget 2016). Organizer of the auction: Department of the city of Moscow for competition policy. Starting price: 17,767,283.21 rubles.

Notice No. 0173200001416000073 dated March 10, 2016. Auction in electronic form for the provision of services for the comprehensive maintenance of buildings of educational organizations subordinate to the Department of Education of the city of Moscow in the SAO in 2016-2018. Organizer of the auction: Department of the city of Moscow for competition policy. Starting price: 52,482,099.83 rubles.

Notification No. 0373100019915000065 04.12.2015 .. Performance of work on the repair of a real estate object (dormitory No. 3) FSBEI HE MSTU STANKIN. FEDERAL STATE BUDGETARY EDUCATIONAL INSTITUTION OF HIGHER EDUCATION "MOSCOW STATE TECHNOLOGICAL UNIVERSITY "STANKIN".

Notice 0373200173916000330 dated 04/25/2016. Execution of works on carrying out current repair for the needs of educational organizations subordinate to the Department of Education of the city of Moscow (joint purchase) (2016 budget). Customer: STATE STATE INSTITUTION OF THE CITY OF MOSCOW DIRECTORATE FOR OPERATION, TRAFFIC AND ACCOUNTING OF FIXED ASSETS OF THE DEPARTMENT OF EDUCATION OF THE CITY OF MOSCOW. Starting price: 4 551 117.27 rubles.

Notice No. 0173200001416000153 dated 04/01/2016. Provision of services for comprehensive maintenance of engineering and technical support systems for buildings for the needs of educational organizations subordinate to the Department of Education of the City of Moscow (VAO) (budget 2016) (Joint auction). Organizer of the auction: Department of the city of Moscow for competition policy. Starting price: 34,400,592.25 rubles.

Notice No. 0373200041516000002 dated 02.02.2016. Performance of work on the repair of the facade, entrance groups and openings in the State Autonomous Institution "Center for Labor and Employment of Youth of the City of Moscow" at the address: Moscow, st. Shchepkina d. Starting price: 9,149,621.86 rubles.

Electronic Procurement Application Legislation

According to the provisions of the law "On contract system…” dated 05.04.2013 No. 44-FZ (Article 59), the procurement tender may also be held in the form of an electronic auction. In this case, a wide range of people are notified about the conditions of procurement through the Internet site. All bidders are subject to the same requirements.

The list of operators authorized to conduct such auctions is determined by the Decree of the Government of the Russian Federation “On approval of the list ...” dated 04.12.2015 No. 2488-r and includes 6 legal entities. The procedure for the operation of Internet sites is established by the order of the Ministry of Economic Development of Russia “On approval ...” dated July 23, 2015 No. 495. The process of conducting a tender in the form of an electronic auction is regulated by Art. 59-71 of Law No. 44-FZ.

According to these regulations, the parties accredited on the Internet site have the right to apply for participation in the auction. At the same time, the formation of an application is one of the most important stages of competitive procurement, but it is almost impossible to create a template application that would be used repeatedly in the future due to the variety of auctions.

What are the parts of an auction bid?

An application for participation in the auction is composed of 2 parts (Part 2, Article 66 of Law No. 44-FZ), which are sequentially sent to the Internet site. Moreover, the participation in the auction event, in principle, depends on the literacy of the first section of the application, the second - admission to the conclusion of the transaction.

Don't know your rights?

The first section of the application is filled out based on the characteristics of the subject of the auction and must include (part 3 of article 66 of law No. 44-FZ):

1. In a transaction for the supply of marketable products:
   • the applicant's consent to participate in the tender, if a product is offered for delivery, under the terms of the auction, marked with a trademark, service mark, trade name, having patents, utility models and / or industrial designs, as well as data on the country of production of the goods, or a similar one is offered for sale goods (according to the equivalent requirements declared by the organizers of the auction);
   • exact characteristics of the goods (according to requests made at a particular auction event).
2. In the case of a transaction for the performance of work or the provision of a service, consent to participate in accordance with the criteria that are stated in the auction documentation.
3. At an auction for the performance of works or the provision of services using marketable products:
   • consent, including consent to the use of a product having trademark, service mark, trade name, etc., or a similar product, based on the characteristics declared at the auction;
   • exact characteristics of the commercial products used.

The second section of the auction appeal should include (clause 5, article 66 of Law No. 44-FZ):

1. Setting data about the applicant (name or full name, address or place of residence, passport details, contact phone number, TIN, TIN of the founders of the legal entity, director).
2. Documentation confirming the applicant's compliance with the requirements of the legislation (clause 1, part 1, part 2, 2.1, article 31 of Law No. 44-FZ), and a declaration of the applicant's compliance with the provisions of paragraphs. 3-9 hours 1 tbsp. 31 of Law 44-FZ.
3. A copy of the supporting documentation on the compliance of the work, service or commercial product with the requirements of the auction.
4. Approval decision big deal, if such a document is required by the norms of the current legislation or internal documentation of legal entities. faces.
5. Documentary confirmation of priority over other applicants (Articles 28, 29 of Law No. 44-FZ).
6. Documentary confirmation of the compliance of the applicant and / or the considered commercial products, works and services with the auction conditions, prohibitions and limits (Article 14 of Law No. 44-FZ).
7. Declaration of the applicant's affiliation with small entrepreneurs or socially oriented non-profit institutions(if such a document is required under the terms of part 3 of article 30 of the Federal Law No. 44).

Nuances of preparing the first parts of applications in electronic form

When forming an auction bid, you need to carefully study the legislative requirements and auction documentation. In the process of preparing the first part of the application, it is necessary to pay attention to the following points:

It is not allowed to require other documents, except for those defined for the first (as well as the second) section of the application by law.

To reject the application at the stage of filing both the first and second parts can:

• due to incomplete transmission of information;
• transmission of false information;
• non-compliance of the proposed goods with the auction requirements.

Sample application for participation in the auction

The difficulty of drawing up auction bids lies in the fact that it is almost impossible to draw up a single form, since the document contains many variables related to competitive conditions and requirements. For example, in construction-related auctions, bids may contain requirements for product characteristics on a scale of several hundred pages. That is why many specialized companies offer their services in the formation of auction bids.

At the same time, in the bases of reference legal systems (including on our website) there are many samples of an application for participation in the auction. They can be used as auxiliary material and hints when drawing up an individual auction bid, if the auction conditions and requirements do not present problems for a potential participant. It is only important to remember that in the process of preparing an auction application, it is important not only to study in detail the legislative requirements and conditions of the auction, but also to adequately assess your capabilities in terms of drawing up a document.

One application has been submitted for the auction, which means that the procedure is recognized as invalid as a result of an insufficient number of requests from potential suppliers to participate in the procurement. We understand what actions the customer should take.

Recognize the procedure as invalid

If one application for participation in the auction 44 FZ is submitted, then on the basis of such a purchase is recognized as failed. The customer receives a notification from the operator of the electronic platform that, according to the norms of 44 FZ, a failed auction is recognized upon the fact of only one response from a potential supplier. The notification comes either on the established deadline for accepting applications for participation in electronic auction, or the next business day ().

We consider both parts of the submitted request

What actions should the customer take if the auction did not take place, one application was submitted.

First, the ES operator sends both parts of the documentation from the potential contractor to the customer. The purchasing commission considers them within 3 working days after receipt. If the application satisfies the requirements set by the customer in the auction documentation, then a contract is concluded with such a participant as with at the price that he also offered. The new government contract does not require.

We publish the protocol

If only one application was submitted for an electronic auction, based on the results of consideration of such a request, a protocol is published, which is sent to the participant and published no later than two business days from the day when the site opened access to the tender for you (paragraph 3 of part 1 of Art. 71 of Law No. 44-FZ).

Download the protocol of consideration of a single application

We conclude a contract or announce a new procedure

If only one participant responded, and if the provided documentation does not meet the requirements established in AD, then the application is rejected. After that, as in the situation where no application has been submitted, the electronic auction is recognized as failed. The customer can carry out a repeated procedure or declare, in advance

Let us consider all possible cases that arise during the EA, as a result of which the customer organization has only one package of documents for processing.

If products are purchased at an electronic auction, then the first part of the application must indicate specifications products for those items for which there are requirements in the auction documentation.

The application form and instructions for filling out by the participant are in the auction documentation.

A sample of filling out the forms of the first part of the application.

If the subject of the procurement are services, then the first part of the application for the auction is an agreement to provide them in accordance with the specified conditions and in this volume. As a rule, this is a tick in front of the “consent” item and signing an EDS.

The first part of the application under 44-FZ for the supply of goods contains:

• Consent to supply a product or its equivalent
• Specific indicators of the goods, within the limits established by the documentation
• Indication of a trademark, service mark, trade name ( in the presence of)
• Indication of patents, utility models, industrial designs ( in the presence of)
• The name of the country of origin of the goods is required

It is not required to include product certificates in the first part. This will be required when delivering the goods after the conclusion of the contact.

The first part of the application under 44-FZ for the performance of work or the provision of services contains:

• Consent to perform work or provide a service

The first part of the application for the performance of work or the provision of services for which the goods are used must include both consent to the performance of work or the provision of services, as well as the above information and documents necessary for the supply of goods used in the course of the contract.

The first part of the application under 44-FZ may contain:

• Sketch, drawing, drawing
• Photo or other image of the product

Anonymity is provided in the first part of the application.

Submission of the first part of the application, drawn up on the letterhead of the enterprise, is not a reason for its rejection.

An example of the first part of an application under 44-FZ for the supply of goods.

Consideration of the first parts of applications under 44-FZ

After the deadline for submission, consideration of the first parts of applications under 44-FZ begins and the initial screening of participants in the placement of the order.

Despite the fact that applications are submitted by participants on the electronic site, they are considered by real representatives of the customer, who form the auction commission.

The customer gets access to the first parts after the deadline for submission, no later than the next day.

The term for consideration of the first part of the application does not exceed 7 calendar days. The end date for consideration of the first parts of bids is indicated in the notice of the auction.

The order placement participant learns about the decision of admission to the electronic auction from the ETP operator. In case of refusal of admission to participation in the electronic auction, the security of the application for participation will be unlocked within one business day.

The results of consideration of the first parts of applications in an electronic auction under 44-FZ are documented in the minutes of the commission. The minutes of consideration of the first parts of applications are signed by the chairman and members of the commission, it is published on the official website of public procurement and the electronic platform no later than the specified period.

Minutes of consideration of the first parts of applications

Contains information:

• About serial numbers of applications
• On admission or refusal of admission with justification of the decision
• About the decision of each member of the commission (opinions may differ)

Rejection of the first part of the application under 44-FZ

A participant in placing an order may not be allowed to participate in an electronic auction only in the following cases:

• the information provided for in the first part of the application is not provided in full;
• the information provided in the first part of the application is unreliable;
• the products supplied by the order placement participant do not meet the requirements specified in the tender documentation.

If only one application is admitted to the auction in electronic form, it is recognized as failed (the contract is concluded at the initial price).

An electronic auction under 44-FZ is scheduled for the third working day from the moment of expiration of the term for consideration of the first parts of applications.

As you know, the 44-FZ electronic auction is a method for determining a supplier, in which the participant who offers the lowest contract price is recognized as the winner.

Electronic auction 44-FZ (EA)— this is the most common way of conducting tenders (more than 50% of tenders in 2016 were held in the form of EA), so it is important for everyone who wants to become a government order executor to understand the peculiarities of preparing an application and participating in this form of tenders.

Conventionally, the process of participation in an electronic auction can be divided into the following stages:

1. Acquaintance with customer documentation.
   When preparing to participate in the 44-FZ electronic auction, it is very important to familiarize yourself with the customer’s documentation, pay attention to the established requirements and determine their legitimacy, because customers often make violations in the preparation of documentation, which many of you have experienced, these violations are the reason for filing a complaint in FAS.
2. Applying for an auction

   Preparation of the first part of the application.
   When preparing it, the contractor must carefully read the requirements set by the customer in the Description of the procurement object and correctly fill in the data in accordance with the Instructions and regulatory documents specified by the customer in the documentation.

   Preparation of documents submitted in the second part of the application.
   When preparing the second part, the participant must attach the documents and information specified by the customer in the documentation. Please note that all information must be true, otherwise the customer has every right to reject the second part of the application.

3. Holding trading procedure.
   Here you can encounter technical difficulties that cannot be insured against, but it is important to know how to act in such situations.
4. Conclusion of a contract: important point at this stage is the provision of security for the performance of the contract, with which the main risks are associated with its conclusion.

We will analyze the key points and nuances for each of these stages, which will help you insure yourself against common mistakes and avoid the complexities associated with participating in electronic auctions.

Electronic auction documents 44-FZ

To begin with, we will consider the procedure and terms for placing the documentation, as well as what the description of the procurement object should contain.

The notice and documentation on the EA is placed by the customer in a single information system:

• If the initial (maximum) contract price does not exceed 3 million rubles, the customer places a notice of the EA in the unified information system at least 7 days before the deadline for filing applications for participation in such an auction.
• If the initial (maximum) contract price (lot price) exceeds 3 million rubles: such a period is at least 15 days before the deadline for submitting applications for participation in the auction.

Requirements for the type of auction documentation

Now we will analyze in what form the documentation should be placed by the customer.

The customer, the Authorized body or a specialized organization must place the auction documentation without any restrictions that would prevent the procurement participant from getting acquainted with its content, i.e. both in visual and actual perception.

Advice: note that the documentation format must be searchable and copyable. You may have come across the fact that the customer places documentation in the .doc format, and inside there are pictures describing the object of the purchase. Or the description is provided in pdf format, which does not allow copying the text, because the file is protected by the customer.

This makes it difficult or impossible to participate in the auction, because:

you can not find the information you are interested in by keywords. For example, when the name of the purchase is very general, and the requirements for specific indicators are inside the documentation;

it is impossible to copy the text to be used in the preparation of the application;

it is impossible to search for information on the document;

due to the poor quality of the images, it is difficult to parse the requirements of the customer.

Not all document formats can be recognized using special programs: pictures are not recognized, tables fall apart.

If the document is small, you can reprint it manually. But if it's bulky technical task with material requirements of, for example, 50 pages, it will be very difficult to prepare an EA application. Often this customer approach is just a way to conclude a contract with your supplier and prevent other participants from participating in the 44-FZ auction.

The above actions of the customer are a violation.

Advice: in this case, you can file a complaint against the customer's auction documentation with the Federal Antimonopoly Service. In practice, the FAS recognizes unreasonable a large number of complaints about the format of documents, but still you need to complain about the procurement documentation.

The more precedents there are, the more likely it is that in the future customers will be prohibited from publishing documents in which it is impossible to search or copy data.

The Letter of the Ministry of Economic Development of June 30, 2014 No. АЦ/26237/14 states that the description of the procurement object must be copyable. Many FAS adhere to the same position. As an example, consider:

— Decision of the Federal Antimonopoly Service for St. Petersburg in case No. 44-827/15 dated March 24, 2014 on violation of procurement laws.

An electronic auction is the most popular way to determine a supplier within the framework of 44-FZ and is equal to 58% of the total volume of purchases

The average contract price in 2017 was RUB 1.85 million., which is 21.54% more than last year. The number of Placed notices in 2017 is almost equal to the number of the previous period.

Description of the object of purchase in the electronic auction 44-FZ

In accordance with Art. 33 44-FZ, the description of a product, work or service must be objective.

The customer specifies the functional, technical and quality characteristics, performance characteristics purchase object.

The customer shall not establish requirements with respect to:

trademarks;

service marks;

brand names;

patents;

useful models;

industrial designs;

name of the place of origin of the goods;

manufacturer's name;

Also, the customer, when conducting an electronic auction under 44-FZ, should not establish requirements for goods, works, services, provided that such requirements entail a restriction on the number of procurement participants, except for cases provided for by law.

The customer does not have the right to establish a specific trademark in the requirements without the word “equivalent”, however, there is an exception in 44-FZ, namely “if there is no other way that provides a more accurate and clear description of the characteristics of the procurement object”.

Also, by default, the delivered product must be a new product (goods that were not in use, in repair, including those that were not restored, which were not replaced constituent parts, consumer properties have not been restored) unless otherwise provided by the documentation. An exception may be only those goods (materials), the release of which has been discontinued.

In the event that in the documentation of the electronic auction the customer has established the requirements for the simultaneous compliance of the indicators of the goods proposed by the procurement participant with the values ​​provided for by regulatory documents, i.e. GOSTs, as well as the requirements specified in the documentation, the latter should not contradict regulatory documents, and should not mislead suppliers.

For example: in the documentation, the customer established the requirement for the indicator of the material "Sand for construction work": "The true grain density should be 2.9 to 3.2 g/cm3". And in GOST 8736-2014, which regulates this material, it is indicated that: "The true grain density should be 2.0 to 2.8 g / cm3."

As we can see, the requirements set by the customer contradict the requirements set in the regulatory document. In this case, the participant needs to submit a request for clarification of the documentation to the customer, but if his answer is incomplete or does not contain clear instructions on how to proceed in this case, then the supplier may file a complaint with the Federal Antimonopoly Service about the documentation, otherwise it is highly likely that the first part of the application will be rejected.

The FAS also draws attention to the fact that the participant of the electronic auction 44-FZ is not required to have the goods in stock at the time of filing the application, and therefore, describe the requirements of the customer in detail chemical composition or components of the goods, and (or) indicators of production technology, testing of goods and (or) indicators, the values ​​of which become known when testing a certain batch of goods after its production, have signs of restricting access to participation in the purchase. This position is reflected in the letter of the FAS Russia dated July 1, 2016 No. IA/44536/16. Those. such requirements are set unreasonably, and you can file a complaint about the documentation.

Also, the customer does not have the right to establish a description of the procurement object in the documentation of the electronic auction:

characteristics of which indicate the product of only one manufacturer (for example, specifications, THAT);

which establishes the requirements for consumables;

where the indicator values ​​are calculated using formulas;

which establishes the requirements for the materials of which this product consists;

which sets out excessive requirements for packaging.

Application for participation in the auction under 44-FZ

Now let's talk about what is included in the application for an electronic auction. It should consist of two parts: the first and second. Let's analyze each of them in more detail.

First part of the application

In accordance with Art. 66 - 1 part should contain:

the consent of the auction participant under 44-FZ for the supply of goods / provision of services / performance of work;

specific indicators of the offered goods (materials), the name of the country of origin of the goods.

Please note that the first part of the application must be strictly anonymized. You do not have to indicate any information about your organization in it, and you do not need to draw it up on the letterhead of the organization!

The law prohibits the customer from establishing in the documentation mandatory requirements for the execution and form of the application.

Does this mean that the participant can come up with his own application form?

The customer may include in the documentation an exemplary application form for participation in an electronic auction or recommendations on its execution. Tip: stick to these recommendations, and do not invent special ways of design. This will simplify both your work and the work of the commission of the customer to consider the submitted proposals, and will allow you to avoid annoying misunderstandings. Thus, the form can be arbitrary.

Advice: pay special attention to the description of the characteristics of the goods, if you offer an equivalent. You must take into account all the equivalence parameters that the customer has specified. And your product must fully comply with them. The excuse “it differs only slightly” does not work in purchases under 44-FZ.

The auction documentation must contain Instructions for filling out the first part of the application, which regulates the use of certain signs in the requirements for goods or materials. If you have requirements for materials (goods) in your documentation, and the instructions do not contain any instructions, or are absent at all, then you can write a request for clarification to the customer. Please note that an auction participant under 44-FZ can submit only 3 requests for clarification.

Documents of the second part of the electronic auction application

Let us consider in more detail what information and documents the procurement participant needs to attach in the second part of the application.

The customer, forming the auction documentation, sets the requirements for potential contractors, and must necessarily list these requirements in the documentation. And also, he must disclose which document the procurement participant must attach in support of these requirements. If the documents are not listed, then this is a violation on the part of the customer. Thus, uniform requirements should not be simply listed in the documentation, but should be disclosed with indication of the documents that the contractor must attach in support of these requirements.

Uniform requirements apply to all participants in the auction under 44-FZ.

First single requirement:

compliance with the requirements established in accordance with the law Russian Federation to persons engaged in the supply of goods, performance of work, provision of services that are the object of procurement.

That is, if goods, works and services purchased by the customer are subject to mandatory licensing, then he is obliged to establish this requirement for participants. And the supplier, in turn, is obliged to provide a document confirming its compliance with this requirement. This may be a license, SRO or other document. Valid documents must be attached, as All information is verified by the customer. And if the commission finds that the contractor has provided invalid information, then it is obliged to remove him from participation in the electronic auction at any stage of its conduct.

The second single requirement is:

The procurement participant is not under the jurisdiction of the Republic of Turkey, and is also not an organization controlled by citizens of the Republic of Turkey and (or) an organization under the jurisdiction of the Republic of Turkey in accordance with paragraph 5 of the List approved by Decree of the Government of the Russian Federation dated December 29, 2015 No. 1457 "On the list certain types works (services), the performance (rendering) of which in the territory of the Russian Federation by organizations under the jurisdiction of the Republic of Turkey, as well as organizations controlled by citizens of the Republic of Turkey and (or) organizations under the jurisdiction of the Republic of Turkey, is prohibited.

A participant in an electronic auction under 44-FZ as part of the application must not attach an additional document that confirms its compliance with this requirement. Because this compliance is confirmed by the Extract from the Unified State Register of Legal Entities, which the operator trading platform automatically sends to the customer with the application.

The following uniform requirements for participants will be considered in aggregate, these are:

non-liquidation;

non-suspension of activities;

absence of arrears on taxes, fees, debts;

no conviction for crimes in the field of economics;

participant of the electronic auction — entity which, within two years prior to the date of filing an application for participation in the auction, was not brought to administrative responsibility for committing an administrative offense under Article 19.28 of the Code of Administrative Offenses of the Russian Federation;

no conflict of interest between;

possession by the procurement participant of exclusive rights to the results of intellectual activity;

is not an offshore company;

absence in the prescribed federal law 44-FZ register of unscrupulous suppliers (contractors, performers) of information about the auction participant.

The above requirements are confirmed by the declaration, the customer does not have the right to require additional documents confirming compliance with these requirements.

Advice: Please note that some customers form in the documentation the recommended forms for filling out a “declaration of conformity with uniform requirements”. You have probably come across this. Here, be more careful, not all customers list all the points of the uniform requirements established in accordance with 44 Federal Law. Those. if you do not list them, the customer has every right to reject you.

Additional requirements for participants in an electronic auction under 44-FZ

We will also talk about additional requirements for contractors. They are listed in Decree of the Government of the Russian Federation of February 4, 2015 No. 99 "On establishing additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, only suppliers (contractors, performers) who have the required level of qualification, as well as documents confirming the compliance of auction participants with the specified additional requirements, can supply, perform, provide.

That is, if this decision indicates some grounds for applying additional requirements, then the customer establishes them in the documentation and the supplier must attach a document confirming its compliance with these requirements.

That. as confirmation of compliance with the uniform and additional requirements, the procurement participant in the second part of the application must:

1. indicate information about your organization, provided for by the Federal Law;
2. attach a declaration of compliance of a participant in such an auction with the requirements established by Article 31 of 44-FZ;
3. attach copies of documents confirming the compliance of the product, work or service with the requirements, established by law of the Russian Federation, in the event that, in accordance with the legislation of the Russian Federation, requirements for a product, work or service are established and the submission of these documents is provided for by the documentation on an electronic auction. At the same time, it is not allowed to demand the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;
4. a decision on approval or on a major transaction - no need to attach additionally, because. You applied it during accreditation;
5. also, if your organization is an institution of the penitentiary system or an organization of people with disabilities and the documentation establishes benefits for participants, then you must attach documents confirming your right to receive benefits;
6. the supplier will need to attach a declaration of affiliation with small businesses or socially oriented non-profit organizations, in the event that the customer establishes a restriction.

If the second part of the application is drawn up incorrectly, the funds deposited by the supplier as security may not be returned to him.

If during the quarter on one electronic site the second part of the participant was rejected twice, then the funds deposited as security for each third application are transferred to the customer.

According to the position of the Ministry of Economic Development of Russia, set out in the Letter of December 10, 2014 N D28i-2803,

the beginning of the quarter in this case should be considered the date when the commission decided that the first application did not meet the requirements of the documentation. Note that such a conclusion contradicts the rules for calculating terms established by civil law. According to paragraph 2 of Art. 192 of the Civil Code of the Russian Federation, quarters are counted from the beginning of the year.

You need to submit an application for participation in the electronic auction under 44-FZ before the deadline for submission. At any time before the end of this period, the procurement participant may withdraw his proposal, make the necessary changes and resubmit it.

The Commission verifies the first parts within seven days from the date of the deadline for submission of said applications.

An EA participant is not allowed to participate in it if:

1. failure to provide information or provision of false information;
2. inconsistency of information with documentation requirements.

Participation in the electronic auction under 44-FZ

Based on the results of consideration of 1 parts of applications, the commission draws up a protocol of consideration. If your application is accepted, then the next stage is participation in the electronic auction.

The day of the tender is the working day following the expiration of two days from the date of the deadline for consideration of the first parts. "Auction step" ranges from 0.5 percent to five percent of the initial (maximum) contract price.

There are two ways to submit quotations:

1. within a step — when the contract price offer is less than the current minimum offer by the step size;
2. regardless of the step - when any price offer is submitted, taking into account the established requirements.

The participant is not entitled to submit an offer:

1. about the contract price equal to zero;
2. equal to the previously submitted proposal of the participant himself;
3. greater than the previously submitted proposal of the participant himself;
4. less than the current minimum offer, if submitted by the participant himself.

We would like to note that on electronic platforms, where 44-FZ auctions are held, failures are possible and the procedure itself may freeze. If you find yourself in a similar situation, the first thing to do is to take a screenshot of the page, and not one, but rather several, so that when writing a complaint to the FAS you can attach evidence of the incorrect operation of the site. In this case, it will be much easier to convince the commission that you did not have time to submit a price offer due to the site’s fault, and not your own.

You can watch a recording of our webinar on this topic:

Consideration of the second parts of applications

The next stage of the auction in electronic form is the consideration of the second parts of the participants' applications.

The total period for consideration of the second parts cannot exceed three working days from the date of placement on the ETP of the procurement protocol.

Conclusion of a contract

The contract can be concluded no earlier than 10 days and no later than 20 days from the date of placement in the unified information system of the protocol for summing up the results of the electronic auction.

Now let's look at how you can reduce the risks of getting a participant into the RNP.

Often, in practice, there are cases when a participant in an auction 44-FZ is recognized as the Winner of the trading procedure, and all that remains for him to do is to submit a security for the performance of the contract, sign the contract and proceed with its execution.

On the this stage very important:

1. Respect deadlines.
2. Provide security for the performance of the contract. It is entered in two ways: in cash or bank guarantee. Those. if the participant does not have the necessary amount to deposit security, he turns to banking institutions. And the Banks do not always approve the Guarantee. It follows that the supplier cannot provide security for the performance of the contract, evades the conclusion of the contract, and the customer sends information about this participant and all Required documents in FAS.

Within ten working days from the date of receipt of documents and information, the FAS checks the documents contained in these documents and factual information. If these facts are confirmed, the FAS includes the information in the register of dishonest suppliers within three working days from the date of confirmation of these facts.

Advice: To avoid such a situation, we strongly recommend that you obtain the approval of a bank guarantee in advance. It is competent planning and a responsible approach to participation in procurement procedures that will allow you to receive profitable state and municipal contracts.

Thus, the process of participation in an electronic auction under 44-FZ has its own difficulties and nuances. When preparing for it, pay attention to the points that we have described, and you will be able to avoid many mistakes and insure against the risks associated with participation in EA.

If the preparation of the application causes you any difficulties, then you can always contact our company. We will help you prepare the first part according to the customer's requirements and requirements normative documents, prepare and submit it within the time period established by the auction documentation.

OOO IWC"RusTender"

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