). Electronic auction: issues of drawing up protocols (Pratura O.S.) Protocol of summing up the results of an electronic auction example

What is the time period for the publication of the minutes of summing up the results of the electronic auction under 44-FZ?

Answer

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ELECTRONIC AUCTION

Purchase stage	Term	Norm of the Law No. 44-FZ
Placing a notice in the EIS	Not later than 7 days before the deadline for accepting applications. If the NMCK exceeds 3 million rubles, then the notice must be published at least 15 days before the date of the deadline for accepting applications	Part 2, 3 Art. 63
Submitting a Request for Documentation Clarifications	3 days before the deadline for filing applications. The customer must respond to the request within 2 days (if the weekend, then the deadline is postponed)	Part 4 of Art. 65
Acceptance of applications for participation	From the moment of placing the notice until the end of the period for filing applications	Part 7 of Art. 66
Alteration	Not later than 2 days before the deadline for the application submission. In this case, the deadline for submitting applications must be extended so that from the date of posting changes to the deadline for submission of applications, at least 15 days remain or, if the NMCK (lot price) does not exceed 3 million rubles, at least 7 days	Part 6 of Art. 65
Ability to cancel the procedure	Not later than 5 days before the deadline for the application submission deadline	Part 1 of Art. 36
Consideration of the first parts of applications	Not more than 7 days from the date of the deadline for submission of applications	Part 2 of Art. 67
Placement of the minutes of consideration of the first parts of applications	Not later than the date of the end of the period for consideration of applications	Part 7 of Art. 67
Holding an auction	The working day following the expiration of 2 days from the date of the end of the period for consideration of the first parts of applications	Part 3 of Art. 68
Placement of the protocol of the electronic auction on the electronic platform by the operator	Within 30 minutes after the end of the auction	Part 18 of Art. 68
Consideration of the second parts of applications	Not more than 3 working days from the date of posting the minutes of the auction	Part 5 of Art. 69
Placement of the minutes of summing up (final minutes)	Not later than the business day following the date of signing	Part 8 of Art. 69
Placing a draft contract in the EIS without a signature	Within 5 days from the date of posting the final protocol in the EIS	Part 2 of Art. 70
Placement in the EIS by the winner of the electronic auction of a signed draft contract	Within 5 days from the date of placement by the customer in the EIS of the draft contract	Part 3 of Art. 70
Conclusion of a contract	Within 3 working days from the date of placement in the EIS of the contract signed by the winner	Part 7 of Art. 70

If, within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the price of the contract, the auction is considered invalid (part 3 of article 71 of Law No. 44-FZ). The auction commission considers the second parts of the bids, draws up a protocol for summing up the results of the electronic auction and sends it to the operator of the electronic site within 3 working days. As a result, the contract is concluded in accordance with clause 25 of part 1 of article 93 of Law No. 44-FZ with a participant whose application was submitted earlier than others. If only one participant is found to be eligible, the contract is concluded with the only participant.

The summarizing protocol must be posted on the electronic platform and in the EIS no later than the working day following the date of signing the summarizing protocol (part 8 of article 69 of Law No. 44-FZ).

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There are only 3 protocols, which are drawn up by both the Customer and the ETP operator. In this article, we will look at the order of their publication and content.

1. How to create a protocol of consideration of bids in the auction

Since the information about the contact details of the bidder is confidential, the auction commission must consider only 1 part of the bidder's proposal, which contains consent to the delivery of the goods, as well as certain data on the quality, functions and characteristics of the auction object. That is, the Customer, not knowing the information about the competitor, can determine the compliance of the positions with the declared requirements, which are prescribed in the terms of reference and regulated in part 3 of article 66 of article 44 of the Federal Law.

The documentation determines whether the bidder will receive admission to participate in the auction held in electronic format or not, which is regulated by Part 6 of Article 67. The documentation should contain:

Order number of the application;
decision indicating whether the participant is admitted or not with the decision of each of the members of the commission.

It must be drawn up on the ETP by writing data into the form fields. ETP functions allow you to use templates and save data in text documents.
The paper document must be signed by each of the members of the commission who was present at the meeting, moreover, no later than the date of the end of the period for considering the first part of the applications. Then scan a copy of the documentation and attach it to electronic form on the ETP, and then send it to the site operator, and he will publish it later.

No more than 7 days are given for consideration of the first part of applications from the date of termination of acceptance of applications for participation, and is prescribed in the documents for the auction and notification even when published in the EIS.

In the event that no applications were received or only one was submitted (admitted), as well as if all the others were rejected, the protocol is published, indicating that it did not take place. It is worth noting here that if one application nevertheless turned out to be appropriate, then the operator sends both parts of it, which are considered by the Customer's commission within three days and after the application has been considered, if it matches, the transaction is concluded with sole supplier.

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2. How the protocol of the electronic auction is formed

Based on the first protocol, admission to the electronic auction takes place in its part - direct participation in the auction. This procedure is also carried out with respect to the confidentiality of information about the contestants. Before the end of 30 minutes after the auction has been completed, the ETP operator shall post the following list of information:

ETP address.
date and time of the beginning and end of the auction.
NMCK.
price proposals of the contestants.

In the event that the bidding has begun, and within 10 minutes of its holding none of the bidders has submitted bids with a price, then such bidding will be declared invalid. This information to be specified in the documents for bidding in mandatory.

3. How to draw up a protocol of summing up the results of an electronic auction

After the auction has been held, the operator of the ETP sends a letter with the second parts of the received proposals and information on the accreditation of applicants to the Customer. The deadline for publishing the minutes with the results in the electronic auction is 3 calendar days - which is regulated in part 5, article 69 and parts two and three in article 71.

Based on part 8 in Article 69, the protocol with the results of the electronic auction within the framework of Federal Law 44 must contain the following data:
Serial number 5 of the Executors who turned out to be in compliance with the requirements of the documents and the legal framework.
The decision of each of the members of the commission on whether or not this applicant meets all the stated requirements.
This protocol must be published on the same day as signed or on the next day, publication takes place on the ETP and is similar to the procedure for consideration of 1 parts.

In the event that none of the applications is inappropriate or only one is recognized as appropriate, the electronic procedure is declared invalid.

4. Video instruction Formation of the review protocol

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According to Part 5 of Art. 69 of Law No. 44-FZ, the total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed 3 working days from the date of posting on the electronic site of the protocol of the electronic auction. Thus, the minutes of summing up the results of the electronic auction must be drawn up and signed within 3 working days from the date of posting on the electronic site the protocol of the electronic auction and no later than the next working day after signing must be posted on the official website. Violation of the terms for signing the protocols drawn up during the purchase by less than 2 working days shall entail the imposition of an administrative fine on officials in in the amount of 3000 rubles; more than 2 working days - 30,000 rubles (hours 13, 14, article 7.30 of the Administrative Code of the Russian Federation). This is confirmed by law enforcement practice, see, for example, p.

Terms of the electronic auction for 44-fz

Consideration of 2 parts of the application should take place within a period of no more than 3 working days, from the moment of posting the protocol on the procurement at the site. 10. After this stage, the customer must place the draft contract, for which he is given five days. 11. In another five days, the signing of the contract or the publication of the protocol of disagreements by the participant should take place.
12. If a disagreement was sent, then three days are given to the customer to study the protocol and publish the amended version of the contract. If the contract is to be placed without changes, then the customer must justify the refusal of the proposed changes by the participant. 13. Within the next 3 days, after the publication of the revised (or the same) version of the contract, the signing and enforcement of the contract by the participant of the electronic auction must take place.
14.

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

Attention

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

13.

44-fz support / auction timing calculator

Review of the practice of unscheduled inspections of actions (inaction) of the customer, authorized body(institution), specialized organization, procurement commission, official contract service, contract manager, operator of an electronic site when conducting purchases in accordance with the provisions of the Federal Law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs ", prepared by the Office of Control over the Placement of State Orders of the FAS Russia (April 2015). The answer was prepared by: Expert of the Legal Consulting Service GARANT Chashina Tatiana Response quality control: Reviewer of the Legal Consulting Service GARANTSerkov Arkady August 5, 2015

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

The publication contains the timing of the electronic auction in accordance with the Federal Law "On the contract system in the procurement of goods, works, services to meet state and municipal needs" dated 05.04.2013 No. 44-FZ. The information was provided as of 11/14/2016 Notice of an electronic auction (Customer), clause 2, Art. 63 No. 44-FZ clause 3 of Art. 63 No. 44-FZ Contract price no more than 3 million - 7 days before the deadline for submission of applications Contract price more than 3 million -15 days before the deadline for submission of applications Amendments to the auction documentation (Customer) clause 6 of Art. 63 No. 44-FZ Not later than 2 days before the deadline for filing applications for participation in the auction Sending a request for clarification of the provisions of the auction documentation (Participant) clause 4 of Art. 65 No. 44-FZ 3 days before the deadline for filing applications Placement of clarifications of the provisions of the auction documentation (Customer) clause 4 of Art.

Info

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in case of NMCK more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decided to refuse to carry out purchases in electronic form, then he can do this no later than 5 days before the end of the acceptance of applications. 4. The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications.

Important

The answer must be provided to him within 2 days from the date of receipt of this request. 5. The participant of the electronic auction can change or withdraw his application at any time before the end of the admission period. If he does not have time to do this within the specified period, he will have to take part in the auction.

6. The next step is to review the first parts of the applications submitted by the participants.
In the event that the winner of the electronic auction is recognized as evaded the conclusion of the contract, the customer has the right to apply to the court with a claim for compensation for losses caused by the evasion of the conclusion of the contract in the part not covered by the amount of security for the application for participation in the electronic auction, and conclude a contract with a participant in such an auction , which offered the same as the winner of such an auction, the price of the contract or the proposal for the price of the contract which contains the best conditions for the price of the contract, following the conditions proposed by the winner of such an auction. If this participant agrees to conclude a contract, this participant is recognized as the winner of such an auction and the draft contract attached to the auction documentation is drawn up by the customer by including in the draft contract the conditions for its execution proposed by this participant.

The term for placing the results of the auction is 44 ap

Within three working days from the date of placement in a single information system a draft contract signed by a strengthened electronic signature of the person who has the right to act on behalf of the winner of the electronic auction, and the provision by such a winner of the security for the execution of the contract, the customer is obliged to place the contract signed with an enhanced electronic signature of the person who has the right to act on behalf of the customer in the unified information system. 8. From the moment of placement in the unified information system provided for in part 7 of this article and the contract signed by the customer, it is considered concluded. 9. The contract may be concluded no earlier than ten days from the date of placement in the unified information system of the protocol for summing up the results of the electronic auction.

Terms of posting the minutes of summing up the auction results for 44 FZ

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

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

The term of the electronic auction under 44-FZ means the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and in what terms, according to the law, they must take place. 1. The very first step in organizing an electronic auction is to post a notice of its holding and tender documents.

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

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

An electronic auction is one of the most popular purchasing methods. It consists of several stages, each of which is drawn up with a special document - a protocol. It is about them that will be discussed in this article.

Submission of applications for participation

Before the electronic auction procedure takes place, applications from its potential participants are accepted. This stage is given 7 days with the initial (maximum) contract price of up to 3 million rubles, and 15 days - with the NMC contract of more than 3 million rubles.

Each application consists of two parts. The first parts of the applications are considered by the commission of the customer prior to the auction procedure. This process is regulated by Article 67 of Law No. 44-FZ.

Registration in ERUZ UIS
From January 1 2020 years to participate in trades under 44-ФЗ, 223-ФЗ and 615-ПП registration is required in the register of URUZ (Unified Register of Procurement Participants) on the UIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

In the course of studying the first part of the application, the commission must establish whether the supplier (contractor) can take part in the auction, that is, whether its documentation complies with the procurement requirements. In case of a positive decision, he is allowed to participate in the auction, otherwise his application is rejected.

The decision taken must be formalized Protocol of consideration of applications for participation... It contains a message stating that the supplier is admitted to the auction, that is, becoming its participant, or the rejection of the application with a detailed disclosure of the reason for this. In addition, the protocol must include the serial number of applications, as well as the decision of each member of the commission in relation to each application (admit to participate in the auction or refuse).

The customer's commission has 7 days to check the first parts of the applications, form a protocol and send it to the EIS and to the electronic platform.

There are cases when only one supplier passes the stage of consideration of the first parts of applications, or no one passes at all. Then the procedure is declared invalid.

Holding an auction

The auction is held 2 days after all applications are considered and the list of participants is formed. Its essence lies in the fact that the participants make offers more favorable prices for the customer, that is, they reduce the price of competitors. When the auction is announced, no more than 10 minutes is given for thought - during this time you need to offer your price. After each new offer there is another 10 minutes to "outbid" the current price with a more favorable one. If the next price offer is not "interrupted" within 10 minutes, the auction ends. If no offers have been received within 10 minutes since the start, the auction is declared invalid.

30 minutes after the end of the procedure, the operator of the ETP publishes Electronic auction protocol... This document must include the address of the electronic site, the date of the auction, the start and end times of the auction, as well as the price offers that were made by the participants. They are ranked by price, indicating the order number and the time at which the offer was received.

The protocol is also sent to contract service the customer, and with him - the second parts of the participants' applications. If there were many of them, then the customer will see only the first 10 price proposals.

Summarizing

Article 69 of Law No. 44-FZ regulates the procedure for considering the second parts of participants' applications. This takes no more than 3 days.

The commission must check each application for compliance with the auction documentation and make a collegial decision on it. As a result, no more than 5 best applications will be selected that correspond to the documentation for the second parts. They will enter The minutes of summing up the results of the auction... In it, applications must be placed at a price indicating the time of submission of the proposal. The protocol is signed by all members of the auction commission and placed in the EIS and on the ETP no later than the next day.

The participant who offered the lowest contract price, whose application fully satisfies the procurement documentation, is recognized as the winner of the auction.

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

How to make an application review protocol

Since the information about the contact details of the participants is confidential, the auction commission considers only the first part of the participant's proposal, which contains consent to the supply or performance of works, services, as well as specific information about the quality, functional characteristics of the procurement object. That is, the customer, not having data on the names of the participants, determines whether their proposals meet the requirements that are established terms of reference and part 3 of Art. 66 44-FZ.

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

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

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

The term for consideration of the first parts is no more than seven days from the deadline for filing applications and is determined in the auction documentation and notification even when published in the EIS.

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

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

How the protocol of the electronic auction is formed

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

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

If no one has submitted a price offer within ten minutes after the start of the procedure, the auction is declared invalid. This is required to be stated in the bidding document. At the same time, one should not confuse the timing of the publication of the minutes of the auction in electronic form and the timing of the minutes of summing up the results of the electronic auction 44-ФЗ. We will talk about them further.

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

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

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

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

Summing up the results of the electronic auction under 44-FZ is carried out on the day the minutes are posted. It is published in a manner similar to the procedure for reviewing the first parts. The deadline for publishing the minutes of summing up the results of the electronic auction is the next working day after signing by the members of the commission.

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