Civil law of Russia determines the possibility of concluding contracts by carrying out trading. The essence of the auction comes down to predetermined the conditions for the implementation of obligations under which bidders on competitiveness and equality principles offer their conditions. The auction organizer identifies the winner among such participants and concludes a deal with him on the proposed and predetermined conditions. Part 4 of Article 447 of the Civil Code of the Russian Federation establishes the main types of trading and relates to them auction and competition that can be both open and closed. But it is also clarified that other types and forms of trading can be established. Given that the satisfaction of state and municipal needs is inevitably associated with the expenditure of budget funds, the law 44-FZ has established additional types of trading, which allow customers to make the most effectively implement state and municipal procurement. Naturally, not all purchases can be carried out by conducting trading, in such cases the purchase is produced at a single supplier directly. In all other cases, customers are applied various classifications and types of trading, which we will consider in detail in this article.

The law on the contract system provides for such types of trading as:

the competition, which, in turn, is divided into an open competition, a contest with limited participation, a two-stage competition, a closed competition, a closed contest with limited participation, a closed two-stage contest;
auctions that have two species: an electronic auction and a closed auction;
request quotations
request for proposals.

From the above, I would like to note that current views electronic trading Presented only by an electronic auction. In the near future it is planned to translate most types of trading in electronic form.

Such classification and types of trading are significantly expanding the possibilities of the customer for procurement, since depending on the procurement object, the customer chooses such a bidding form that will allow us to fully satisfy state or municipal needs. For example, the purchase of recreation organizations and their recovery is possible to implement in the form of an open competition, where the main criterion of the participant will not be the price of them proposed, but its qualifications. Thus, risks are reduced to determine the unscrupulous winner, which can bring more harm than good.

Competition

From the above, it is already possible to determine that the competition is such a form of procurement, which applies to complex and socially important procurement facilities. And no reason in this form of trading contains so much varieties. But their essence is about the same, the winner is detected in several criteria, varying degrees importance. There are two such criteria groups, these are the value and non-valuable criteria. And in turn, if only the price of the contract is included in the group of value criteria, then the Group does not include the cost of operation and repair, functional, high-quality, and environmental characteristics, as well as the qualifications of alleged procurement participants. The customer at its discretion establishes at least two criteria (more than) one of which must be the contract price. At the same time, for some types of procurement by the Government in Resolution No. 1085, the limit values \u200b\u200bof the significance of such criteria were established to assess the applications of participants. The same resolution also established the procedure for assessing applications of participants.

Auction

In contrast to the competition in auction, the definition of the winner is carried out only by the criterion of the price proposed by such a member. By general rule The winner is recognized by the participant who offered the smallest price if the auction was initially reduced. But there are exceptions. So if the participants were dirty to 0.5% of the NMCC, then in this case, according to the law 44-ФЗ, a change in the type of auction occurs, an increase in the right to conclude a contract. The winner in this case is the participant who opposite offered the greatest price. And the contract with such a member lies only after he pays this price. Also, if two participants offered the same price, the winner is the participant who made its proposal earlier. The advantage of the auction before the competition is that the definition of the winner is much easier, due to this, the procedure itself is more quickly. An important factor in the popularity of the auctions by law 44-ФЗ in modern Russia is the conduct of open auctions only in in electronic format. A distinctive feature This type of bidding is that a significant part of the functions for carrying out such purchases is translated from the Customer to the operator of the electronic platform, which collects applications of participants and the trading procedure itself. This, together with the above factors, makes the types of electronic trading in the most popular among customers.

Request quotes

This type of trading has collected elements in itself and from the competition and from the auction. So, the winner becomes the participant who suggested, as in the auction, the smallest price. But in contrast to the auction, the form and method of filing applications more like a contest. Applications by participants are submitted in envelopes and contain a price proposal. Unlike the auction, participants are not trading in real time, and do not assess their proposal for competitors. A feature of the request for quotations is also established by law 44-ФЗ restrictions. The customer cannot request quotes with NMCC above five hundred thousand rubles. Also, the total amount of such purchases should not exceed ten percent of the total procurement of the customer per year.

Request for proposals

Request for proposals This innovation of a law on a contract system, which differs from other types of trading in the fact that participants offer their proposals, which in the designated time disclosed by the Customer. After that, the participants have the right to submit their final proposal within one day. Thus, this procurement method is very similar to the quotation request, only participants see the proposals of their competitors and can change their final proposal, taking into account this information. At the same time, the request for proposals does not restrict the request for quotations, but this type of bidding can only be carried out in strictly defined cases.

Other types of trades

Not only the state and municipal customers carry out their procurement through trading. This method The conclusion of the contract is also very common among commercial organizations, since it allows you to identify the most successful business partners. Also, customers who carry out their purchases in accordance with the Law 223-FZ Wolnes independently determine the types and forms of trading, which gave rise to absolutely different types Trading, sometimes very exotic. But the general requirements for trading species are primarily identified by the Civil Code of the Russian Federation, where the bidding is enshrined and closed. This classification is determined by the degree of participants to them. And if anyone who meets the established requirements can take part in open auction, then participants defined by the customer are attracted to closed.

Having considered the concept and types of trading, I would like to additionally note that their diversity is not limited to those considered in this article, but the main and key types of trading in Russia we lit in detail.

The following types of biddts are implemented on the electronic trading platform "ZMS":

Competition;
Request for proposals;
Auction;
Request for prices (quotations);
Interest in procurement.

When implementing the E-trading platform "ZMS", as in its use, trade procedures with any names based on basic procedures, such as competition, auction, price request and interest in procurement can be implemented. For example, the auction can be called reduction, then it will not be subject to the Civil Code of the Russian Federation and you will not necessarily make an agreement with the winner of e-bidding, if he does not suit you something.

Competition (request for proposals)

Competition is a trading procedure, in which the assessment of the proposals of participants is made in several criteria. The competition is held in accordance with Articles 447 and 448 of the Civil Code of the Russian Federation.

The request for proposals is the same as the competition, but it does not fall under the Civil Code of the Russian Federation, therefore does not oblige the Customer to enter into an agreement with the winner, and can also have any time and can be canceled at any time.

Competition and proposal request may be:

Open or closed;
With a redfish or without it;

Criteria can be:

measured (for example, price, delivery time);
expert-measured (for example, experience and reputation of the supplier, functional characteristics).

We allocate the following evaluation criteria:

Criterion	Method of evaluation
Price of goods, services	Measured
Service cost	Measured
Terms of payment	Expert review
Cost of operation	Measured, expert assessment
Change price in the process of work	Expert review
Delivery time	Measured
Production capabilities Supplier	Measured, expert assessment
Delivery method	Expert review
Sanctions for the breakdown	Expert review
Storage term	Measured
Quality assurance term	Measured
Experience and reputation of the supplier	Expert review
Volume of quality assurance	Expert review
Functional, high-quality product characteristics (services)	Expert review
Product service life	Measured
The possibility of warranty repair	Expert review

When conducting a competition, the overall can be used. Especially often the overall is used on electronic trading areas of power engineers. Its implementation is provided for by the standards of procurement activities of the C - UES of the ZDO, which are currently applied by the majority of energy enterprises. The overall is carried out among the bidders whose suggestions meet the conditions of the competition and are defined by the competition commission as the best.

On the electronic trading platform "ZMS" there are two types of overclubs:

One-time feed supply;
Electronic auction for lower prices.

Auction

Auction is a way of electronic trading, in which the assessment of the proposals is made only at a price. This method is used when purchasing standard goods and services with predictable quality.

In order to avoid compulsory compliance with the standards of articles 447 and 448 of the Civil Code of the Russian Federation, when creating an electronic trading platform, this electronic trading procedure is not "auction", but for example, "reduction". Thus, you will avoid the obligatory conclusion of the contract with the winner, you can cancel the procedure at any time.

When creating an electronic trading platform on the basis of the ZMS software product, you can flexibly configure the rules for conducting electronic procurement auctions. Electronic auctions can be with a fixed step, having a relative value (percentage of initial cost), an absolute value (fixed amount), with free supply of price proposals, with a variable step.

The auction time can also be flexible. The electronic auction may end up after a specified time from the beginning of it, from submitting the last application, or when one of these conditions occurs.

Electronic auction can be:

Open or closed;
With pre-qualifying selection or without it;
With or without an application of electronically digital signature.

Request price (quotation request)

This procedure is usually used when it is necessary to quickly purchase an inexpensive standard product (service) with predictable quality. In this case, the method of procurement, the proposals of the participants are evaluated only at a price, and the price offer is submitted to the participants once.

Request for prices can be carried out using or without the use of electron-digital signature.

Interest in procurement

This procurement procedure does not imply evaluate the applications of participants and choosing the winner. In fact, it's just a collection commercial offers. However, it is possible to make an offer on the basis of this procedure to make an offer, that is, the winner will be obliged to conclude an agreement on the conditions specified in the Offer. Also, this procedure can be used to explore the market before declaring another procedure, such as a competition or auction.

All auctions conducted within the framework of public procurement legislation can be divided into three main categories encountered more often than others. These are just open, open in electronic form or oaf, and closed.

It should be immediately noted that in most cases the customer will require

Open auction - Bidding, Simply put, open to everyone who wants to take part in them. To become a winner enough to provide the most low price execution of state or municipal order.

UAEF (open auction in electronic form) - respectively, bidding in open form, Only conducted exclusively in electronic form at special sites, with access to them via the Internet. Thanks to new achievements in computer technologies, this method of placement of the order is the most popular today. Development in this direction, simplified the document flow between the participants.

A closed auction is a type of non-public trading, "closed" from the majority, with limitations. For example, participants cannot know about the proposals of the rest, and data on auction, changes and other things are not subject to publication.

Federal Law No. 94-FZ Chapter 3.1 regulates an open auction in electronic form. According to him, and other acts, there is also a list of products and services for which the UAEF is required. His not so long ago approved the Government of the Russian Federation. The UAEF allows everyone, in open and free form will familiarize themselves with the conditions for the provision of the state and municipal contract. In addition, this kind of auction allows you to most effectively choose the optimal performer, and also to deal with corruption.

At the moment, five special shopping platforms for the electronic auction are highlighted - this is:

OJSC "Unified Electronic Trading Platform",
LLC "Indian Agency RTS",
CJSC Sberbank - Automated system trading ",
FSUE "Agency for Public Orders, Investment Activities and Interregional Relations of the Republic of Tatarstan",
CJSC MICEX - Information Technologies.

Basically, these sites are created to accommodate only government orders, besides them there is a fairly large list of platforms for commercial procurementNo matter what not different.

It is worth noting that in turn the UAEF can be represented in 2 species.

Auction for a decline - The type of bidding when his winner is determined by the sentence of the smallest performance price. As a rule, only in such a format is carried out electronic auctions of state and municipal orders.

Auction for raising - Type of trading when his winner is determined by the suggestion of the highest price for the product / service. In such a format, auctions can be found in electronic auctions on private sites.

Hello, dear (Aya) colleague! In today's article, we will talk about participation in the most popular procurement procedure - an electronic auction within 44-FZ. At the moment, the share of electronic auctions accounts for more than 65% of all purchases conducted in the Russian Federation (information as of February 21, 2019). The popularity of this procedure is only gaining momentum, but in spite of the popularity of problems in the auction participants does not become less. Therefore, in my article I tried to give the most detailed information on participation in electronic auctions within the framework of the current 44-FZ. ( Note: This article is updated 21.02.2019).

1. The concept of an electronic auction

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

Auction in electronic form (electronic auction) - The auction, in which information about the purchase is communicated by the customer an unlimited circle of persons by placing in (EIS) notice to conduct such auction and documentation about him, uniform requirements and additional requirements are presented to the procurement participants, such an auction is provided on the electronic platform by its operator.

There is a simpler definition, which, in my opinion, is much easier for perception:

Electronic auction — Bidding carried out in electronic form on electronic sites, whose winner is recognized as a person who proposed the lowest price of the state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 61-69, 71, 83.2 44-FZ.

2. Places for electronic auctions

As mentioned above in the definition, the conduct of electronic auctions is carried out on electronic sites.

Electronic platform — This is a site on the Internet on which electronic trading is conducted.

3. In what cases is an electronic auction?

According to Part 2 of Art. 59 44-ФЗ Customer is obliged to conduct an electronic auction in case of procurement of goods, works, services included:

the list set by the Government of the Russian Federation (Order of the Government of the Russian Federation of 21.03.2016 No. 471-P (ed. from 12.02.2018) "On the list of goods, works, services, in the case of the purchase of which the Customer is obliged to conduct an auction in electronic form (electronic auction ) ") Note: This list is a table in which codes are indicated in OKPD2 and the name of goods, works, services purchased with EA. In addition, a number of exceptions are specified from this list;
either in an additional list at the subject of the subject of the Russian Federation (part 2 of Art. 59 44-FZ),

The inclusion of goods, works, services in the above lists is carried out in the case of simultaneously performing the following conditions:

it is possible to formulate a detailed and accurate description of the procurement object;
criteria for determining the winner of such auction have a quantitative and monetary assessment.

Important: The customer is entitled to carry out the electronic auction of purchases of goods, works, services not included in the above lists (part 3 of Article 59 44-FZ).

4. Accreditation of electronic auction participants

As I have already said earlier, in order to take part in EA, a participant must be a qualified electronic signature, registration in EIS and accreditation on the electronic platform. Below I will give the key points associated with the accreditation of the participant on the site. With the more detailed information on accreditation and reacmbelation, you can read.

So, in order to take accreditation on the electronic platform, the EA participant must provide the operator of the electronic platform documents and information specified in P.P. 1-8 h. 2 tbsp. 61 44-FZ ( Important moment! Article 61 44-FZ has lost its strength from 01/01/2019. That is, until December 31, 2018, the Old Procedure for accreditation acted on the courts, and from January 1, procurement participants are registered on the EIS website in accordance with Article 24.2 44-FZ).

On time no more than 5 business days From the date of receipt of documents and information from the EA participant, the electronic platform operator is obliged to accredit the participant or refuse to this participant in accreditation, as well as send him a notice of decision taken.

Causes of refusal to participate in accreditation at the site:

if the participant of Ea did not provide required documents and information operator electronic platform;
if the participant has provided documents that do not meet the requirements established by the legislation of the Russian Federation;
if the participant is an offshore company.

Accreditation of the EA participant on the electronic platform is carried out for a period of 3 years from the date of direction by the electronic platform operator, this participant notification of the decision on its accreditation on the electronic platform.

The EA participant who received accreditation at the electronic platform and providing an application for participation in such auction, has the right to participate in all such auctions on this electronic platform.

For three months Until the date of the expiration date of the account of the EA, the electronic platform operator is obliged to send the corresponding notification to this participant. If this member received accreditation at the electronic platform, he is entitled to accredit for a new term in the manner prescribed by Article 61 44-FZ, not earlier than 6 months Before the expiration date of the previously obtained accreditation.

Important: Since the customer has the right to conduct electronic auctions on any of the 8 "basic" sites that we talked above, I strongly recommend that you accredit accreditation on all these sites in order to miss participation in the right auction.

5. Algorithm for electronic auction for 44-ФЗ

In this part of the article, I gradually describe all the actions of the customer and the procurement participant when conducting an open auction in electronic form of 44-ФЗ. Let's first consider with you the actions of the customer.

5.1 Customer's actions when conducting an electronic auction

Step number 1 - Preparation for electronic auction

At this stage, the Customer is engaged in the organization and planning of the upcoming procurement, forms auction (unified) commission, determines its composition and procedure for functioning, develops and approves the Regulations on the Commission, attracts a specialized organization (if necessary).

Step number 2 - Preparation of documents for electronic auction

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

Step number 3 - Placing information about the electronic auction

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

Step number 4 - Identification of electronic auction participants

At this stage, the Customer considers the first part of applications for participation in the electronic auction and is preparing a protocol for consideration of applications.

Step number 5 - Definition of the winner of the electronic auction

At this stage, the Customer considers who received from the electronic platform operator, the second parts of applications for participation in EA and is preparing a protocol of summing up. During the day, over 10,000 protocols may appear in all regions of the Russian Federation. They usually aggregate such services as CRMBG.SU.

Step number 6 - Conclusion of a contract with the winner of an electronic auction

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

So, with the actions of the customer, we figured out, now let's consider the actions of the procurement participant.

5.2 Member's actions when conducting an electronic auction

Step number 1 - Getting an electronic signature

To participate in electronic auctions, as well as the passage of registration in EIS and accreditation on electronic sites, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then you can order it.

Step number 2 - Accreditation on electronic sites (from 01/01/2019 Registration in EIS)

Without accreditation on electronic sites (and from 01.01.2019, without registering with EIS), the participant will not be able to participate in EA, so it is necessarily necessary to go through this procedure. How to do it was written above.

Note: The first two stages are essentially the preparatory stages, without the passage of which it is impossible to participate in electronic auctions.

Stage №2.1 - Opening a special account for making applications

In order to apply for participation in an electronic auction, you will also need a special account to which money is credited to provide applications. Also from this account, the platform operator will be charged with funds for winning auction if you are recognized as the winner. What is special and what is needed for which it is written in detail.

Step number 3 - Search for information about the electronic auction

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

Step number 4 - Analysis of the auction documentation

At this stage, the procurement participant studies the documentation on the EA (technical task, instruction, draft contract, etc.) and decides: to participate in auction or not. If the participant takes a positive decision, then it proceeds to the next stage.

Step number 5 - Money making on a special account in the Bank

The next mandatory stage is the deposit on a special account in the bank. This is necessary in order to ensure its participation in the electronic auction.

Note:

if the NMCC EA is up to 1 million rubles, the requirement to the customer is not established (see Decree of the Government of the Russian Federation No. 439 dated 12.04.2018). Important! There is also a letter of the Ministry of Finance of Russia of 10/30/2018 No. 24-01-07 / 77857 "On providing applications for participation in contests and auctions with NMCC to 1 million rubles; The establishment of the amount of penalties in the procurement documentation ", in which the Ministry of Finance suggests that PP of the Russian Federation No. 439 does not contain restrictions on the establishment of the requirement for providing applications for participation in competitions and auctions when the initial (maximum) contract price is valued to 1 million. rubles. Based on this letter of the Ministry of Finance, many customers establish the requirements for providing applications (from 0.5% to 1%) in procurement to 1 million rubles.;
if NMCC EA from 1 million rubles. up to 20 million rubles, then the size of the application is from 0.5% to 1% NMCC;
if NMCC EA is more than 20 million rubles, then the amount of the provision of the application is from 0.5% to 5% NMCC;
if the purchase is carried out among institutions or enterprises of a criminal executive system or organizations of persons with disabilities and NMSCC is more than 20 million rubles, then the amount of the application is from 0.5% to 2% NMCC.

Step number 6 - Preparation and sending an application

At this stage, the participant must prepare his application consisting of 2 parts, attach all the necessary documents on the electronic platform, to sign them qualified electronic signature and send an electronic platform to the operator. Within one hour from the date and time of the deadline for submitting applications for participation in EA, the electronic platform operator sends information about the procurement participant and the amount of money required to ensure the application. In turn, the Bank within one hour from the date of receipt of this information from the electronic platform operator carries out a blockage of funds in a special procurement participant in the amount of ensuring the relevant application. If the participant's account does not have a necessary amount for blocking, the application is returned by the participant.

Stage number 7 - Direct participation in the electronic auction

If, after consideration by the customer of the first parts of the applications, the participant's application is recognized as appropriate customer requirements, such a participant is allowed to participate in the electronic auction. At this stage, the participant within the prescribed day and time comes to the electronic platform and takes part in the EA procedure (submits price proposals). In more detail about how this procedure passes, we will talk below in this article.

Step number 8 - Conclusion of a contract with the customer according to the electronic auction

In the event that the EA participant is recognized as the winner, he is preparing to ensure the execution of the contract (or payment order), checks the draft contract prepared by the Customer, and sends the Customer through the electronic platform operator, signed by a qualified electronic signature contract, as well as a document confirming the provision of execution contract. In more detail, the conclusion of the contract with the customer is described.

So we looked at the algorithm for the electronic auction of 44-ФЗ. Each of the stages considered by us have strictly regulated deadlines for which we will talk below.

6. Dates of the electronic auction of 44-ФЗ

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

7. Calculator of electronic auction for 44-ФЗ

One of the best calculators of the timing of the electronic auction at one time was the calculator from the National Association of Procurement Institutions (NAZ). Below I brought the screenshot from the site Naz.

This calculator made it possible to calculate the timing of EA within 44-FZ. To calculate the timing, it was necessary to specify all the source parameters and click on the "Calculate" button, after which the system displays information in tabular form on the timing of this procedure. The results could be printed on the printer. However, currently this calculator from the site was removed.

8. Notification of the electronic auction

The notice of the electronic auction is placed by the Customer in Eis. not less than 7 days Before the deadline for submitting applications for participation in such auction (if NMCC< 3 млн. рублей) и not less than 15 days Before the date of the deadline for submitting applications for participation in such auction (if NMCC\u003e 3 million rubles). In addition to posting notifications to EIS, the customer has the right to publish a notice of EA in any media, both printed and electronic.

In the notice of the electronic auction, the following information is indicated:

1) information provided for in Article 42 44-FZ, namely:

information about the customer responsible for the official person of the customer, a specialized organization;
summary contract conditions;
purchase Identification Code;
restriction of participation in the definition of the supplier (contractor, contractor);
used method for determining the supplier (contractor, artist);
term, place and procedure for submitting applications of procurement participants;
the size and procedure for making money as providing applications for participation in procurement, as well as the terms of the bank guarantee;
the size of ensuring the execution of the contract, the procedure for providing such collateral, the requirements for such a security, as well as information on the bank maintenance of the contract in accordance with Article 35 44-FZ.

2) the address of the electronic platform in the Internet network;

3) the deadline for consideration of applications for participation in such auction;

4) the date of such auction ( Note: In case the date of this auction accounts for non-working day, the day of this auction is postponed to the next working day);

5) the size of providing applications for participation in such auction;

6) the requirements for the participants of such auction, and an exhaustive list of documents that must be represented by participants of such auction in accordance with paragraph 1 of Part 1 ( Note: This is the presence of the participant necessary tolerances, licenses, etc.), parts 2 and 2.1 (if there are such requirements) of Article 31 44-FZ, as well as the requirement for the participants of such auction in accordance with Part 1.1 (with such a requirement ) Articles 31 44-FZ ( Note: This requirement about the absence of a register of unscrupulous suppliers (contractors, performers) of information on the procurement participant) in the area of \u200b\u200b44-FZ);

Amendments to the notice of an electronic auction

The customer has the right to decide on making changes to the notice of EA no later than 2 days Before the date of the deadline for submitting applications for participation in such auction.

For one day From the date of acceptance of this decision, the Customer places the indicated changes in EIS. At the same time, the deadline for applying for participation in such auction should be extended in such a way that from the date of placement of changes made to the notice of such auction, to the date of the deadline for submitting applications for participation in such auction, this term was at least 15 days (if NMCC\u003e 3 million rubles) or not less than 7 days (if NMCC< 3 млн. руб.).

Important: In the case of making changes to the notice, the change in the procurement object during this auction is not allowed.

Cancellation of the electronic auction procedure

According to Part 1 of Art. 36 44-ФЗ Customer has the right to cancel the procedure of EA no later than 5 days before the date of the deadline for filing applications for participation in the auction.

Customer no later than the next working day After the decision of the decision on the cancellation of the procedure for the implementation of the EA is obliged to make appropriate changes to the schedule.

The decision to cancel the electronic auction procedure is located in Eis on the day of making this decision And also immediately communicates to the procurement participants who submitted applications. The procedure for carrying out EA is considered canceled from the moment of placing a decision on its abolition in EIS.

9. Electronic auction documentation

The electronic auction documentation should contain the following information:

1) the name and description of the procurement facility and the terms of the contract in accordance with Article 34 44-FZ, including the rationale of the NMCC;

2) the requirements for the content, the composition of the application for participation in such auction and the instructions for completing it ( Note: The requirements of the requirements entailing the number of participants in such auction or restriction of access to participate in such auction) are not allowed;

3) the date and time of the deadline for submitting applications for participation in such auction;

4) the date of the deadline for consideration of applications for participation in such auction;

5) the date of this auction;

6) information on the currency used to form a contract price and settlements with suppliers (contractors, performers);

7) the procedure for applying the official exchange rate of foreign currency to the ruble of the Russian Federation established by the Central Bank of the Russian Federation and used when paying the contract;

8) the size of ensuring the execution of the contract, the term and procedure for granting the specified security, the requirements for ensuring the execution of the contract;

9) Customer's ability to change the terms of the contract in accordance with the provisions of 44-FZ;

10) information on contract service, contract manager responsible for the conclusion of the contract;

11) the period during which the winner of the auction or other participant with whom a contract is concluded when evading the winner of such auction from the conclusion of the contract must sign a contract;

12) the conditions for the recognition of the winner of the auction or other participant in such auction declared from the conclusion of the contract;

13) order, dates of the beginning and end of the term of providing participants to such auction of explanation of the provisions of the documentation on such auction;

14) information on the possibility of one-way refusal to execute a contract in accordance with the provisions of parts 8 - 25 of Article 95 44-FZ;

15) Requirements for participants of such auction established in accordance with part 1, parts 1.1, 2 and 2.1 (with such requirements) of Article 31 44-FZ ( Note: These are the requirements for the participant of the necessary licenses, the tolerances of the SRO, the requirements for the absence of information about the participant in (RNP), as well as the additional requirements established by the Government of the Russian Federation);

16) a draft contract that is an integral part of this documentation.

Important: Documentation on EA CAN NOT Contain the requirements for the design and form of an application for participation in such auction. What does this mean? The customer has the right to attach the recommended application form, however, if the auction participant will present an application for a different form, this will not be the basis for rejecting the participant's application.

10. Electronic auction information card

Information card EA – The "heart of auction documentation" is, as a rule, a consolidated table with basic data (excerpts) on procurement. If the information contained in the information card has a discrepancy with the data specified in the total part of the auction documentation, then it is necessary to follow the information that is indicated in the information card.

Figure below shows a fragment of an electronic auction information card.

You can learn more about other parts of the auction documentation in more detail.

11. Requirements for electronic auction participants

According to the requirements of paragraph 4 of Art. 34-ФЗ Participant EA can be any legal entity regardless of its organizational and legal form, form of ownership, location and places of origin of capital (with the exception of a legal entity registered in the offshore zone) or any individual, including registered as individual entrepreneur.

Requirements for the participants of the electronic auction are established in accordance with part 1, parts 1.1, 2 and 2.1 (with such requirements) of Article 31 44-FZ ( Note: These are the requirements for the presence of the necessary licenses, the admission of SRO, the requirements for the absence of information about the participant in the register of unscrupulous suppliers (RNP), as well as the additional requirements established by the Government of the Russian Federation).

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

You can learn more about the requirements for procurement participants.

12. Application for participation in the electronic auction

According to Part 2 of Art. 66 44-ФЗ Application for participation in the electronic auction consists of 2 parts: the first and second parts of the application.

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

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

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

2) when purchasing a product or purchase of work, services, to perform the provision of which the goods are used:

but) name of the country of origin of goods (in case of establishing the Customer in the notice of the electronic auction, documentation on the electronic auction of conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign countries, in accordance with Article 14,44-ФЗ);

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

b) specific indicators of goods corresponding to the values \u200b\u200bset in the electronic auction documentation and specifying trademark (if available) . The information provided for in this subparagraph is included in the application for participation in the electronic auction in the absence of an electronic auction in the documentation for a trademark or in case the procurement participant offers a product that is marked by a trademark other than the trademark specified in the documentation on electronic auction.

Important: If a trademark is specified by the customer in the electronic auction documentation, and you are ready to put this product to the customer, then in the first part of the application will simply indicate the delivery of this product. Specify specific indicators of goods do not need. If the trademark is not specified or you plan to deliver goods with a different trademark, then the specification of specific indicators in this case is necessary.

The biggest problem for 90% of the procurement participants is to reject their applications at the Customer's consideration stage of the 1st part of the application. In fact, the first part of the application for the customer is the main tool for lobbying the "its" supplier (contractor).

In order to avoid mistakes in preparing participants in the first part of the application, I prepared a detailed practical guide called "Punching Application. Get tolerance to any auction. " You can learn more about this manual.

Second part of the application To participate in EA should contain the following documents and information:

1) Name (FI), location (place of residence), postal address of the auction member, contact details, INN Member of the auction or an analogue of the Inn auction member (for a foreign person), INN (with) founders, members of collegial executive organ, persons acting on the sole executive body of the auction member;

2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of Part 1, parts 2 and 2.1 of Article 31 (with such requirements) 44-FZ, or copies of these documents, and also ( Note: This declaration is provided with the use of software and hardware of the electronic platform. However, I also recommend putting this declaration in the form of a separate file as part of the second part of the application.);

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

4) a decision on approval or a major transaction or a copy of this decision;

5) Documents confirming the right of EA participant to receive advantages in accordance with Articles 28 and 29 44-FZ (if EA participated in obtaining these advantages), or copies of such documents ( Note: Advantages for institutions and enterprises of the penitentiary system, as well as organizations of persons with disabilities);

6) Documents provided for by the NPA adopted in accordance with Article 14 44-ФЗ, in the event of the purchase of goods, works, services to which the action of the specified NPA, or copies of such documents are applied. ( Note: In the absence in the application for participation in the documents provided for in this clause, or copies of such documents, this application is equal to the application, which contains a proposal to supply goods derived from a foreign state or a group of foreign countries, works, services, respectively, carried out by foreign persons);

7) Declaration on the belonging of a participant in such auction to small business entities (SMP) or socially oriented non-commercial organizations (Sonko) In the case of the Customer establishing the restrictions provided for by Part 3 of Article 30 44-FZ ( Note: This declaration is provided with the use of 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 other documents and information from the EA participant, with the exception of Part 3 and 5 Article. 66 44-FZ documents and information is not allowed;

The EA participant has the right to apply for participation in the auction at any time since placing the notice of its holding to the date and time of the end of the deadline for participation in the auction of applications ( Note: The date and time of the end of the submission of applications are local time for the organization engaged in procurement, remember this, submitting your application);

An application for participation in the electronic auction is submitted by a member of the auction to the electronic platform operator in the form of 2 electronic documents at the same time;

Within one hour from the date of receipt of the application for participation in EA, the electronic platform operator must assign an identification number to it and confirm in the form of an electronic document sent to the auction member who submitted the specified application, obtaining it, with an indication of the identification number assigned to it (or returns the application to the participant for reasons specified in PP 1-5 h. 11 of Art. 66 44-FZ);

The participant of EA, who submitted an application for participation in the auction, has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction by sending a notice to the electronic platform to the operator.

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

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

2) one participant of the auction filed two or more applications for participation in it, provided that the applications filed before this participant were not withdrawn ( Note: In this case, this participant returns all applications for participation in auction);

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

4) Application from the auction participant was obtained in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: The participant's registration period on the EIS website expires less than 3-month);

5) availability in the register of unscrupulous suppliers (contractors, performers) information about the procurement participant, including information about the founders, about the 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 .

13. The procedure for electronic auction for 44-ФЗ

In this part of the article, we will consider the procedure for participation in the electronic auction directly on the electronic platform itself.

So, only accredited (registered in EIS from 01.01.2019) can participate in EA and participants admitted to participate in such auction (after considering the first parts of applications). I think it is understandable.

The same auction is carried out on the electronic platform into the day indicated in the notice of his holding ( Note: The day of EA is a working day, next after the expiration of 2 days from the date of the deadline for considering the first parts of applications for participation in such auction).

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

The auction is carried out by reducing the participants of the Auction of the NMCC, indicated in the notice. The value of the decrease in the NMCC (hereinafter - the "auction step") is from 0.5% to 5% NMSC, but not less than 100 rubles . When conducting the EA, its participants are submitted proposals for the price of the contract, providing for a decrease in the current minimum proposal to the price of the contract for the amount within the "auction step".

Requirements for the price proposals of the auction participants:

1) Auction member is not entitled to submit a proposal for the price of the contract:

equal to the previous proposal to them;
more than previously submitted proposal;
equal to zero;

2) the auction member is not entitled to submit a proposal to the price of the contract, which is lower than the current minimum proposal for the price of the contract, reduced within the "Auction Step";

3) a member of the auction is not entitled to submit a proposal for the price of the contract, which is lower than the current minimum proposal for the price of the contract in the event that it is submitted by such a member of the electronic auction ( Note: This means that it is impossible to reduce its price if it is currently the best).

In the event that the participant of EA proposed the price of a contract equal to the price proposed by another participant of such auction, the suggestion of the price of the contract received earlier.

Note: If during Ea you accidentally give a proposal that is not appropriate for the established requirements, then do not be scared, because It simply will not be accepted by the operator. Accordingly, you can adjust your offer and submit it again.

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

When conducting an electronic auction, the time of receiving proposals of participants of such auction about the price of the contract, which is 10 minutes after the receipt of the last sentence of the price of the contract . If, during the specified time, not a single proposal on the lower price of the contract was received, such auction automatically, using software and technical means that ensure its conduct is completed.

For 10 minutes From the moment of completion of EA, any participant has the right to submit a proposal to the price of a contract, which is not lower than the last proposal for the minimum contract price, regardless of the "auction step", taking into account the requirements 1 and 3, which are indicated above in the section "Requirements for the price proposals of the auction participants ".

For 30 minutes After completion of the EA, the operator places an electronic auction protocol on the electronic platform.

The protocol of EA indicates:

address of the electronic platform;
date, start time and end of such auction;
NMCC;
all the minimum proposals for the price of the contract made by the participants of such auction and ranked as descending, indicating the identification numbers assigned to applications for participation in such auction, which were filed by its participants who made the appropriate proposals for the price of the contract, and indicating the time of receipt of these proposals.

For 1 hour After placing an electronic platform on the electronic platform on the electronic platform, the state operator sends the specified protocol and the second parts of the applications of participants, and also sends the relevant notifications to the participants whose second part of the applications were transferred to the Customer for consideration.

The electronic platform operator is obliged to ensure the continuity of the implementation of the EA, the reliability of the functioning of the program and technical means used to conduct it, equal access to its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end of such auction.

For better assimilation of information, I suggest you to see a small video by participation in EA on the Sberbank-Ast electronic platform:

14. How many e-auction lasts?

Many procurement participants are interested in how much the electronic auction procedure can last. This question is difficult to give an unequivocal answer, since it all depends on the specific auction, from the NMCC, on the number of participants admitted to participation in the auction, and from those auction steps that they are used during participation.

The minimum period of EA is 10 minutes. This is when the participants are not submitted by any price proposal.

According to Part 11 of Art. 68 44-ФЗ When conducting an electronic auction, the time of receiving proposals of participants of such auction is established about the price of the contract, which is 10 minutes from the beginning of such auction before the expiration of the suggestion of the contract price, as well as 10 minutes after the receipt of the last sentence about the price of the contract.

The maximum deadline for EA can be up to several days. This can occur when the participants achieved the contract price of 0.5% NMCC or lower. And then the auction is carried out on the right to conclude a contract by increasing the contract price (Part 2 of Article 68 44-FZ). However, in practice, such auctions are rare. On the average, the electronic auction lasts 1-1.5 hours.

15. How to find out the e-auction participants?

I am often asked whether it is possible to find out information about the e-auction participants before trading. I will answer that you can only bribing the electronic platform operator, but it is illegal. Then the next question arises. Whether there is a legal ways Find out information about the e-auction participants? Yes there is. They are not fairly accurate, but with a lot of probability, it allows you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate deployed article, you can familiarize yourself with.

16. Recognition of the electronic auction of 44-ФЗ inconsistent

Below are cases in which an auction in electronic form by 44-ФЗ is recognized as invalid.

In case, at the end of the deadline for submission of applications for participation in Ea, only one application was submitted or a single application was submitted, such auction is recognized as invalid (part 16 of Art. 66).
In the event that, according to the results of consideration of the first parts of applications for participation in EA, auction commission decided to refuse to admit to participate in such auction of all procurement participants who submitted applications for participation in it, or recognizing only one procurement participant who submitted an application for participation In such auction, his participant, such auction is recognized as invalid (Part 8 of Art. 67).
In the event that within 10 minutes after the start of Ea, none of its participants submitted a proposal to the price of the contract, such auction is recognized as invalid (part 20 of Art. 68).
In the event that the Auction Commission decided on the discrepancy between the requirements established by the documentation on EA, all the second parts of the applications for participation in it or on the compliance of the specified requirements of only one second part of the application for participation in it, such auction is recognized as invalid (part 13 of Art. 69).
If the second participant (when evasion of the Winner of the EA from the conclusion of the contract with the customer) did not provide the Customer within the established period of the signed contract of the contract and ensure the execution of the contract, the electronic auction is recognized as invalid (Part 15 of Art. 83.2).

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

According to Part 9 of Art. 83.2 44-FZ Contract may be concluded no earlier than 10 days From the date of placement in the EIS protocol for summing up the electronic auction.

For 5 days From the date of placement in the EIS protocol, the Customer places in the EIS and on the electronic platform without its signature a draft contract.

For 5 days From the date of placement by the Customer in the EIS Project of the Contract Project, the winner places a draft contract in the Eis-signed electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.

If there are disagreements on the draft contract posted by the Customer in the EIS, the winner posts in the EIS protocol of disagreements signed by an enhanced electronic signature. In the Protocol of Disagreements, the winner indicates the comments to the provisions of the Contract Project, which is not complying with the notice of this auction, documentation about him and its application for participation in such auction, indicating the relevant provisions of these documents.

Within 3 business days From the date of placement by the winner in the EIS protocol of disagreements, the Customer considers the disagreement protocol and without its signature places in the EIS and on the electronic platform, the refined draft contract, or re-places the draft contract with an indication of the reasons for refusing to take into account fully or partially contained in the disagreement protocol The winner of such auction. ( Note:At the same time, accommodation in the EIS and on the electronic platform by the Customer of the Contract Project, indicating in a separate document, the reasons for refusing to take into account fully or partially contained in the Protocol of the Disagreement of the Winner is allowed, provided that such a winner posted a disagreement protocol on the electronic platform for 5 days From the date of placement by the customer in the EIS project of the contract).

Within 3 business days from the date of placement by the Customer in EIS and on the electronic platform of documents (the finalized draft contract, or the initial draft contract + document of the reasons for refusal), the winner of the electronic auction places the draft contract in Eis-inflated electronic signature, as well as a document confirming the provision of ensuring the execution of the contract.

Within 3 business days From the date of placement in the EIS project of the contract and ensuring the execution of a contract signed by an increased electronic signature of the winner, the Customer is obliged to accommodate the contract in Eis and on the electronic platform.

From the moment of placement in the Eis, the contract signed by the customer is considered to be concluded.

For the convenience of the perception of information and a better understanding of the contract signing procedure below, I placed a visual scheme.

Cases of recognition of the winner of an electronic auction applied from the conclusion of the contract:

if the winner is installed by Art. 83.2 44-ФЗ Tavern did not send the Customer signed draft contract;
if the winner did not send the Customer of the Difference Protocol within 5 days from the date of placement by the Customer in the EIS project of the Contract;
if the winner did not fulfill the anti-dumping requirements provided for by Art. 37 44-FZ (in case of a decline in the contract price by 25% or more of the NMCC).

Anti-dumping requirements

In case, when conducting an electronic auction, the contract price is reduced by 25% or more of the NMCC, the winner of such auction provides:

ensuring the execution of the contract in accordance with Part 1 of Art. 37 44-FZ (if NMCC\u003e 15 million rubles); Ensuring the execution of the contract in accordance with Part 1 of Art. 374 FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision to ensure the execution of the contract in the amount of ensuring the execution of the contract specified in the procurement documentation (if NMCC< 15 млн. руб.);
justification of the contract price in accordance with Part 9 of Art. 37 44-ФЗ When concluding a contract for the supply of goods necessary for normal life support (food, funds for the ambulance, including emergency specialized, medical careexerted in emergency or urgent form, drugs, fuel).

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

At the end of the article I suggest you to see another very useful video, in which it is described why not apply for an application for participation in EA at the very last moment.

At this, my article on the participation in electronic auctions by 44-ФЗ approached an end. Put husky, share information with friends and colleagues. If after studying the material you have any questions, then ask them below in the comments.

See you in new articles!

Tender (Bidding)

Tender (Tender - offer) - Competitive form of selection of proposals for the supply of goods, the provision of services or work on the conditions announced in the documentation in accordance with the dates on the principles of competition, justice and efficiency. The contract is concluded with the winner of the tender - the participant who submitted the proposal corresponding to the requirements of the documentation in which the best conditions are proposed.

The term "tender" used in casual speechIt may be both an analogue of Russian terms competition or auction and other competitive procedures, such as request quotations, request for proposals. Bidding B. Russian Federation They are divided into open and closed, can be carried out in one or two stages, in the form of a competition or auction. Bidding carried out for state needs within the framework of the state order are carried out only in one stage.

Legislation on the placement of state and municipal orders (federal law of July 21, 2005 No. 94-FZ "On the placement of orders for the supply of goods, performance of work, the provision of services for state and municipal needs") provides for other methods of procurement that are not trading - This is a request for price quotations - which can be used with small volumes of procurement (less than 500,000 rubles), as well as procurement at a single source used in cases of emphasized in Russian legislation.

Russian legislation

On July 21, 2005, Federal Law No. 94-FZ was published "On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs", which came into effect on January 1, 2006. This law regulates all state and municipal procurement in the Russian Federation, and also introduces a number of mandatory requirements for publishing information on procurement on the Internet.

In the law 94-ФЗ, there is no term "tender", since it is borrowed from English by calciting (borrowing the structure of an element of someone else's language) without its transfer and reflection of the true meaning of the word. Instead, it uses a more correct term present in the legislation of the Russian Federation - an open contest. The law also defines such procurement types as a request for quotations, an open auction, an open auction in electronic form, preliminary selection, stock trading.

On July 24, 2007, Federal Law No. 218-FZ was adopted "On Amendments to the Federal Law" On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs ". This law has made significant changes in the procedure for posting state orders, The list of grounds for procurement according to the method "at a single supplier" was changed, the procedure for calculating the deadlines (from calendar days on workers), etc. In the future, federal laws No. 257-FZ were adopted on 08.11.2007, No. 160-FZ of 23.07. 2008, No. 225-FZ dated December 1, 2008, No. 308-FZ dated December 30, 2008, No. 323-FZ dated December 30, 2008, No. 68-FZ dated April 28, 2009, No. 93-FZ dated 08.05.2009 and No. 144- FZ dated July 01, 2009, No. 147-FZ dated July 17, 2009, No. 155-FZ dated July 17, 2009 and No. 164-ФЗ dated July 17, 2009, bringing numerous clarifications and amendments to the law. Actual edition contains amendments that have entered into force on July 17 2009 with the release of Law No. 164-FZ (Article 7). According to RU.Wikipedia.org

Types of state procurement

With trading
- Competitions
  - Open Competition
  - Closed contest
- Auctions
  - Open auction
  - Closed auction
  - Electronic auction

Open Competition

The most common way of competitive procurement is an open contest in which any supplier can take part. The notice of the open competition is published in specialized publications, on the customer's website, in the media. The open competition procedure lasts at least a month and requires large resources (preparation of competitive documentation, assessment of applications, etc.).

The competition holds the customer or its authorized. All requirements for the subject of purchase and suppliers, as well as the criteria for choosing the winner and the contest procedure are set out in the competition documentation. Competition participants are submitted for applications, decorated in accordance with the requirements. If only one application is filed for the competition, it is considered to be failed.

In the public procedure for opening proposals, the participants of the competition and their price proposals are announced. The Competition Commission estimates all applications and defines the winner of the participant who submitted the most advantageous offer. He is held negotiations on the conclusion of the contract.

If negotiations come to a dead end, the organizer of the competition holds them with the supplier who have done the proposal on the profitability.

Closed contest

Rules of the closed contest are the same as in the open competition. The difference is to choose participants. If any eligible supplier can take part in an open competition, the invitation to participate in the closed competition is not published. Only those suppliers who invited the customer can participate in it. Information about the results of a closed competition is also not published.

The closed competition is carried out in the following cases:

products are only at a limited number of suppliers or a limited number of suppliers has a qualification that suits the customer;
products are purchased for security needs or purchased is confidential;
remeses and expenses that will be required for consideration and evaluation large number Competitive applications are incommensurable with the cost of purchased products.

Open auction

An open auction allows you to implement the Gospaz by submitting an application via the Internet. A state order contract providing for the provision of goods, works or services is called a lot. The main criterion for determining the winner of any auction is the price. Therefore, the winner of the auction recognizes the person who proposed the lowest price of the state or municipal contract.

The notice of the open auction is published in the official print edition And placed on the official website at least twenty days before the date of completion of submission of applications for participation in the auction. In certain laws, the notice of an open auction can be reduced to seven working days before the deadline for submission of applications.

Rates at auction can be discrete (with a certain step) and continuous. The auction may consist of several rounds, each of which participants have the opportunity to make a new bet. If, at the end of the round, new rates are not made, the auction is completed.

To confirm the seriousness of the intentions of the auction participants, it is usually a non-return money contribution, a pledge or other application of applications.

Closed auction

Like contests, auctions are open and closed. However, if B. closed contests The rules are exactly the same as in the open, but a limited circle of suppliers is allowed to participate, then there are no such restrictions in closed auctions. The difference between closed auctions consists only that the auctioners do not know the applications of other participants, as they are served in sealed envelopes, whereas in open auctions each application becomes known to all participants.

Notice of a closed auction, documentation on auction, changes made to it, as well as explanation of the documentation on the auction, are not subject to publication in the media and placement on the Internet. The Customer, the authorized body no later than twenty days before the deadline for submitting applications for participation in the auction, send an invitation in writing to take part in a closed auction to persons who satisfy the requirements of the law, have access to information constituting the state secret, and are able to deliver goods , performance of work, the provision of services that are the subject of the auction.

Closed auctions are most often used to reduce the risks of the customer, primarily associated with the possible collusion of participants. However, the fee for this is to reduce efficiency.

Electronic auction

An open auction in electronic form (UAEF) is an auction in electronic form on the website of electronic trading platforms accredited by the Ministry of Economic Development of the Russian Federation. Its procedure is regulated by Chapter 3.1. Federal Law No. 94-FZ and government regulations.

Notification of the auction, as well as other information on the progress and results of the auction is placed directly on electronic sites.

From July 1, 2010, federal state customers, and from January 1, 2011 - customers of the constituent entities of the Russian Federation and municipal customers are required to conduct open auctions in electronic form. In such conditions, until the completion of the auction is unknown, who participates in the auction, which ensures competition and reduces the possibility of corruption.

Accredited electronic trading platforms (ETP) for state promenes

According to the decision of the Ministry of Economic Development of Russia, by January 1, 2010 five electronic trading floors were chosen:

CJSC Sberbank-AST;
OJSC "Unified Electronic Trading Platform";
GUP "Agency for State Orders of the Republic of Tatarstan";
CJSC "Moscow Interbank Currency Exchange";
RTS-Tender LLC.

Differences of electronic auctions from other types of trading

Characteristics	Electronic auction	Request quotes
Submission of proposals	Multiple / electronic form		Single / on paper carriers
Customer's obligations and bidding winner	Legally fixed (based on electronic digital signature)	Absent	Legally enshrined
Relative amount of document flow	Minimal, served one-time	Small

Advantages of electronic auctions

In addition to saving budget funds and reducing the risk of corruption, the UAEF provides wide access to public order for small and medium-sized enterprises, expanding sales markets for their goods and services provided. Among the advantages of electronic auctions, compared with ordinary auctions and contests, you can call the following:

Short time;
Savings of budget funds on the organization and conduct of trading;
Transparency and open procurement process;
Fair competition that excludes non-counseling methods of fighting;
Equal rights of all suppliers of goods, works and services;
Participation in the auction is possible from anywhere in the world without leaving their office;
High level of safety and protection, application of electronic digital signature;
Availability for representatives of secondary and small businesses, which previously could not enter the field of public procurement.

Regulations for open auctions in electronic form:

To participate in the auction, you need to register on the electronic trading platform and on the day of the auction to enter the auction site using identification or EDS.
The auction passes to lower prices. If the price goes to zero - then on the increase.
At the time of the beginning of the auction, the participant can make a price proposal within the current auction step, not exceeding the initial (maximum) contract price, using a special form on the site.
The participant can repeatedly submit price offers.
Bidding is considered complete, if after 10 minutes from the start of the bidding or the last price proposal from the participant did not receive proposals providing for a lower price.
The winner is recognized as a participant who has proposed the lowest price of the contract.
The participant who has made the following after the winner is also detected. best offer by price.
The system will automatically generate a protocol with the results of trading within a few minutes.
Without trading
- Request price quotes
  - distribution in the amount: up to 500 thousand rubles. Quanttern for the same name / work / services
  - product Restrictions: There must be an existing market for goods / work / services, customer requirements must be sufficiently common
- - distribution in the amount: up to 100 thousand rubles. Quanttern for the same name / work / services

Request quotes

The request for quotations is a way to place an order in which information about the needs in products, works, services for state or municipal needs is reported to an unlimited range of persons by posting on the official website of the request for quotations. The order of the quotation request is regulated by Chapter 4 federal Law No. 94-FZ dated July 21, 2005.

This method is commonly used in cases when it comes to serial, standard products, such as computers, stationery, fuel and lubricants, some types of construction work, rental of premises, etc. The winner is recognized as a participant who proposed the lowest price. contract.

The order placement border by requesting quotes at the maximum contract price should not exceed 500,000 rubles.

The method of request for quotations is the easiest and most fast of competitive procedures. In this case, it is not necessary to develop a competitive documentation and the criteria for assessing applications, and since the massive products are most often bought, the assessment of quotation requests, taking into account all the approvals, occurs in about 1-7 days.

The disadvantage of the method of requesting quotes is the possibility of interested persons to influence the outcome of procurement, because All suited offended prices are known to the organizers until the deadline for accepting applications.

Placing an order at the only supplier

When purchasing from a single source, the Customer sends a proposal to conclude a contract and negotiate only with one supplier.

Purchase from one supplier is used in the following cases:

when products are provided with only one supplier or equipment patented and can be purchased only from a single source, and there is no equivalent replacement;
upon renewing the contract, if he envisaged such an opportunity;
if the Contractor needs to be purchased key positions from a particular supplier as a guarantee of the contract;
under emergency circumstances (elimination of disaster consequences);
if there was no appropriate proposal when purchasing a competitive method.

One supplier is advisable to buy products with minor procurement amounts when the customer's expenses for searching and selection of suppliers are much larger than the price of purchased products.