Application of Article 66 44 fz. Applications for participation in the electronic auction

15.03.2020

1. Submission of applications for participation in an electronic auction is carried out only by persons registered in a unified information system and accredited on the electronic platform. At the same time, filing applications for participation in procurement certain types goods, works, services, in respect of whose participants the Government Russian Federation in accordance with parts 2 and 2.1 article 31 present federal law installed Additional requirements, carried out only by procurement participants, electronic documents (or copies thereof) of which are placed in accordance with part 13 of article 24.2 of this Federal Law by an operator of an electronic site in the register of procurement participants accredited to an electronic site.

(as amended by Federal Laws of December 31, 2017 N 504-FZ, of May 1, 2019 N 71-FZ)

2. An application for participation in an electronic auction consists of two parts.

3. The first part of the application for participation in an electronic auction, with the exception of the case provided for part 3.1 of this article must contain:

1) the consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms provided for by the documentation on the electronic auction and not subject to change based on the results of the electronic auction (such consent is given using the software and hardware of the electronic site);

2) in the course of the procurement of goods, including those supplied to the customer in the course of the performance of the purchased works, the provision of the purchased services:

a) the name of the country of origin of the goods;

(as amended by Federal Law No. 449-FZ of December 27, 2019)

b) specific indicators of the goods corresponding to the values set in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph is included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

(Part 3 as amended by Federal Law No. 504-FZ of December 31, 2017)

3.1. The first part of the application for participation in an electronic auction, if included in the procurement documentation in accordance with point 8 of part 1 of article 33 of this Federal Law, project documentation must contain exclusively the consent of the procurement participant to perform work on the terms provided for in the documentation on the electronic auction (such consent is given using the software and hardware of the electronic platform).

(Part 3.1 was introduced by Federal Law No. 71-FZ of May 1, 2019)

4. The first part of the application for participation in an electronic auction, provided for part 3 of this article may contain a sketch, drawing, drawing, photograph, other image of the goods for the supply of which the contract is concluded.

5. The second part of the application for participation in the electronic auction must contain the following documents and information:

1) name, company name (if any), location (for legal entity), mailing address participant of such an auction, last name, first name, patronymic (if any), passport data, place of residence (for individual), contact phone number, an identification number the taxpayer of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), the taxpayer identification number (if any) of the founders, members of the collective executive body, the person performing the functions of the sole executive body of a participant in such an auction;

(as amended by Federal Laws of December 28, 2013 N 396-FZ, of June 4, 2014 N 140-FZ, of December 31, 2017 N 504-FZ)

2) documents confirming the compliance of the participant of such an auction with the requirements established paragraph 1 of part 1 of article 31 of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established paragraphs 3 - 9 parts 1 article 31 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic site);

(as amended by the Federal Laws of December 28, 2013 N 396-FZ, of June 4, 2014 N 140-FZ, of June 29, 2015 N 210-FZ, of December 31, 2017 N 504-FZ, of May 1, 2019 N 71-FZ )

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction. At the same time, it is not allowed to demand the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;

(as amended by Federal Law No. 140-FZ of June 4, 2014)

4) a decision to approve or commit big deal or a copy this decision in the event that the requirement for the need to have this decision to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) founding documents a legal entity and for a participant in such an auction, the contract being concluded or the provision of security for an application for participation in such an auction, security for the performance of a contract is a major transaction;

5) documents confirming the right of an electronic auction participant to receive benefits in accordance with this Federal Law (in the event that an electronic auction participant has declared that he has received these benefits), or copies of such documents;

6) documents provided for by regulatory legal acts adopted in accordance with article 14 of this Federal Law, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an electronic auction does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

(Clause 6 as amended by the Federal Law of December 31, 2017 N 504-FZ)

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for part 3 of article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic site).

(Clause 7 was introduced by Federal Law No. 140-FZ of 04.06.2014; as amended by Federal Law No. 504-FZ of 31.12.2017)

(as amended by Federal Law No. 71-FZ of May 1, 2019)

6.1. In the event that the information contained in the documents submitted by the participant of the electronic auction is found to be unreliable in accordance with parts 3 , , 8.2 of this article, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct.

(Part 6.1 was introduced by Federal Law No. 498-FZ of December 31, 2014; as amended by Federal Law No. 71-FZ of May 1, 2019)

7. A participant in an electronic auction has the right to submit an application for participation in such an auction at any time from the moment the notice of its holding is posted until the date and time specified in the documentation for such an auction, the deadline for submitting applications for participation in such an auction.

8. An application for participation in an electronic auction, except for the case provided for by paragraph 8.1 of this article, shall be sent by a participant in such an auction to an operator of an electronic site in the form of two electronic documents containing parts of the application provided for parts 3

(as amended by Federal Law No. 71-FZ of May 1, 2019)

8.1. An application for participation in an electronic auction, in the description of the procurement object of which, in accordance with point 8 of part 1 of article 33 of this Federal Law is included project documentation, is sent by the participant of such an auction to the operator of the electronic site in the form of two electronic documents containing parts of the application provided for parts 3.1 and this article. These electronic documents are submitted simultaneously.

(Part 8.1 was introduced by Federal Law No. 71-FZ of May 1, 2019)

8.2. Electronic documents (their copies) confirming the compliance of an electronic auction participant with additional requirements established in accordance with parts 2 and 2.1 article 31 of this Federal Law shall not be included by the participant of such an auction in the composition of the second part of the application. Such documents (their copies) are sent to the customer by the operator of the electronic site using the software and hardware of such site in accordance with part 19 of article 68 of this Federal Law simultaneously with the second parts of applications for participation in such an auction from among the documents (copies thereof) placed in accordance with part 13 of article 24.2 of this Federal Law in the register of procurement participants accredited on the electronic platform.

(Part 8.2 was introduced by Federal Law No. 71-FZ of May 1, 2019)

9. Within one hour from the receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign an identification number to it and confirm it in the form electronic document sent to the participant of such an auction who submitted the said application, its receipt with indication of the identification number assigned to it.

(Part 9 as amended by Federal Law No. 504-FZ of December 31, 2017)

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction.

(Part 10 as amended by Federal Law No. 504-FZ of December 31, 2017)

11. Within one hour from the receipt of an application for participation in an electronic auction, the operator of an electronic site shall return this application to the participant of such an auction that submitted it in the following cases:

2) one participant in such an auction submits two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant;

3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions part 9 of article 24.2

(as amended by Federal Law No. 504-FZ of December 31, 2017)

5) the presence in the provisions of this Federal law register of unscrupulous suppliers (contractors, executors) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant - a legal entity, subject to the customer establishing the requirement provided for part 1.1 of Article 31 of this Federal Law;

(Clause 5 as amended by the Federal Law of December 31, 2017 N 504-FZ)

6) the absence in the register of procurement participants accredited on the electronic site of electronic documents (or copies thereof) of the procurement participant provided for by the list established by the Government of the Russian Federation in accordance with this article, the operator of the electronic site is obliged to notify in the form of an electronic document the participant of such an auction who submitted this application, on the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

(as amended by Federal Law No. 504-FZ of December 31, 2017)

13. Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends the customer the part 3 of this article, the first part of the application for participation in such an auction.

14. A participant in an electronic auction that has submitted an application for participation in such an auction has the right to withdraw this application no later than the deadline for submitting applications for participation in such an auction by sending a notification to the operator of the electronic site.

15. The operator of an electronic site is obliged to ensure the confidentiality of information about participants in an electronic auction that submitted applications for participation in such an auction, and information contained in the first and second parts of this application and provided for parts 3 - of this article, as well as information contained in electronic documents (their copies) provided for part 8.2 of this article, before posting on the electronic site the protocol of such an auction. For violation of this requirement, the operator of the electronic platform bears a responsibility in accordance with the legislation of the Russian Federation.

(as amended by Federal Law No. 71-FZ of May 1, 2019)

16. If at the end of the deadline for filing applications for participation in an electronic auction, only one application has been submitted or no applications have been submitted, such an auction shall be deemed invalid.

Article 66. Procedure for filing applications for participation in an electronic auction

1. Submission of applications for participation in an electronic auction is carried out only by persons registered in the unified information system and accredited on the electronic platform. At the same time, submission of applications for participation in the procurement of certain types of goods, works, services, in respect of the participants of which the Government of the Russian Federation, in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law, establishes additional requirements, is carried out only by procurement participants, electronic documents (or their copies ) which are placed in accordance with Part 13 of Article 24.2 of this Federal Law by the operator of the electronic site in the register of procurement participants accredited on the electronic site.

2. An application for participation in an electronic auction consists of two parts.

3. The first part of an application for participation in an electronic auction, except for the case provided for by paragraph 3.1 of this article, must contain:

2) in the course of the procurement of goods, including those supplied to the customer in the course of the performance of the purchased works, the provision of the purchased services:

A) the name of the country of origin of the goods;

B) specific indicators of the goods corresponding to the values set in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph is included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

3.1. The first part of the application for participation in an electronic auction, if included in the procurement documentation in accordance with paragraph 8 of part 1 of Article 33 of this Federal Law, of the design documentation must contain only the consent of the procurement participant to perform work on the terms provided for in the documentation for the electronic auction (such consent is given using software and hardware of the electronic platform).

4. The first part of the application for participation in an electronic auction, provided for by paragraph 3 of this article, may contain a sketch, drawing, drawing, photograph, other image of the goods for the supply of which the contract is concluded.

5. The second part of the application for participation in an electronic auction must contain the following documents and information:

1) name, company name (if any), location (for a legal entity), postal address of a participant in such an auction, last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number, taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), taxpayer identification number (if any) of the founders, members of a collegial executive body, a person acting as the sole executive body of a participant in such an auction auction;

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of part 1 of Article 31 of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established by paragraphs 3-9 of part 1 of Article 31 of this Federal Law ( the specified declaration is provided using the software and hardware of the electronic site);

4) a decision to approve or conclude a major transaction or a copy of this decision, if the requirement that this decision is necessary for the conclusion of a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) constituent documents of a legal entity and for a participant in such auction, the contract to be concluded or the provision of security for an application for participation in such an auction, security for the performance of a contract is a major transaction;

6) documents stipulated by regulatory legal acts adopted in accordance with Article 14 of this Federal Law, in the case of the procurement of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an electronic auction does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic platform).

6. It is not allowed to demand from the participant of the electronic auction to provide other documents and information, except for the documents and information provided for in parts 3 or 3.1 and 5 of this article.

6.1. If the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3, 5, 8.2 of this article is found to be unreliable, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct.

8. An application for participation in an electronic auction, except for the case provided for by Part 8.1 of this Article, shall be sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing parts of the application provided for by Parts 3 and 5 of this Article. These electronic documents are submitted simultaneously.

8.1. An application for participation in an electronic auction, the description of the object of procurement of which, in accordance with clause 8 of part 1 of Article 33 of this Federal Law, includes project documentation, is sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing parts of the application provided for in parts 3.1 and 5 of this article. These electronic documents are submitted simultaneously.

8.2. Electronic documents (their copies) confirming the compliance of an electronic auction participant with the additional requirements established in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law are not included by the participant in such an auction in the second part of the application. Such documents (their copies) are sent to the customer by the operator of the electronic site using the software and hardware of such a site in accordance with Part 19 of Article 68 of this Federal Law simultaneously with the second parts of the applications for participation in such an auction from among the documents (their copies) placed in accordance with with Part 13 of Article 24.2 of this Federal Law in the register of procurement participants accredited on the electronic site.

9. Within one hour from the moment of receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the participant of such an auction who submitted the specified application, its receipt, indicating the identification number assigned to it.

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction.

1) filing this application in violation of the requirements provided for in paragraph 6 of Article 24.1

3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 9 of Article 24.2 of this Federal Law;

5) the presence in the register of unscrupulous suppliers (contractors, executors) provided for by this Federal Law of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, subject to the establishment by the customer of the requirement provided for by Part 1.1 of Article 31 of this Federal Law.

6) the absence in the register of procurement participants accredited on the electronic platform of electronic documents (or copies thereof) of the procurement participant provided for by the list established by the Government of the Russian Federation in accordance with Part 3 of Article 31 of this Federal Law, or inconsistency of such documents (or their copies) the requirements established in the notice of holding an electronic auction in accordance with clause 6 of part 5 of Article 63 of this Federal Law (when making a purchase, in respect of participants in which the customer has established additional requirements in accordance with parts 2 and 2.1 of Article 31 of this Federal Law).

12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 20 of Article 44 of this Federal Law, Part 11 of this Article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction that submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

13. Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends to the customer the first part of the application for participation in such an auction as provided for by Part 3 of this Article.

15. The operator of an electronic site is obliged to ensure the confidentiality of information about participants in an electronic auction that submitted applications for participation in such an auction, and information contained in the first and second parts of this application and provided for in parts 3-5 of this article, as well as information contained in electronic documents (their copies) provided for in paragraph 8.2 of this article, before posting on the electronic site the protocol of such an auction. For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 11 of this article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction who submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed. 13. Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends to the customer the first part of the application for participation in such an auction as provided for by Part 3 of this Article. fourteen.

An error occurred.

See text in a future edition. 5) documents confirming the right of a participant in such an auction to receive an advantage in accordance with Articles 28 and 29 of this Federal Law, or copies of these documents; (as amended by Federal Law No. 140-FZ of 04.06.2014) (see the text in the previous edition) ConsultantPlus: note. Since July 1, 2018, Federal Law No. 504-FZ of December 31, 2017, paragraph 6 of part 5 of article 66 is set out in new edition.
See text in a future edition. 6) documents confirming the compliance of a participant in such an auction and (or) the goods, works or services offered by him to the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents; ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 7 of part 5 of article 66. Cm.

Article 66. Procedure for filing applications for participation in an electronic auction

In particular, this is stated in paragraph 9: For the purposes of implementing this order, it is recommended to establish in the procurement documentation: - the requirement for the participant to indicate (declaration) the tender, auction, request for quotations or request for proposals in the application for participation in the tender, auction, request for quotations or request for proposals, the final offer of the country of origin of the supplied goods; - the requirement to indicate in the application for participation in the tender, request for quotations, request for proposals, the final offer of the price per unit of goods for each position offered by the procurement participant; — a provision that the procurement participant is responsible for the accuracy of information about the country of origin of the goods specified in the application for participation in the tender, auction, request for quotations, request for proposals, final offer.

How to fill in the information of the auction participant, clause 1, part 5, article 66 of 44-FZ for individual entrepreneurs and LLC

It is this document that PP No. 102 directly speaks of, since goods from countries that are members of the Eurasian Economic Union are given advantages (applications with foreign goods are rejected if there are at least 2 applications with goods from different manufacturers from the countries of the Eurasian Economic Union). Therefore, it makes sense to confirm the origin of the goods with the ST-1 document - from the EEC country. It is not necessary to confirm the origin of the goods from a country outside the EEC, since this does not entail preferences.

You can attach the RC if the Customer requires a copy of the RC. If the Customer does not expressly require any documents for confirmation, for foreign goods it is not necessary to attach any document.

Article 66 of Law No. 44-FZ: how to put it into practice

Form a document (declaration) in free form. Below is a sample. On company letterhead Declaration In pursuance of the requirements of Article 14 of the 44-FZ, Romashka LLC, represented by General Director Sidor Mikhailovich Ivanov, acting on the basis of the Charter, informs that Romashka LLC is registered in the Russian Federation, operates exclusively in Russia, does not have representative offices or branches outside the Russian Federation, the owner of a 100% share of the authorized capital is sole member society (founder). The founder of Romashka LLC is a Russian citizen Ivanov Sidor Mikhailovich.

All the specified information is confirmed by an extract from the Unified State Register of Legal Entities. Director of Romashka LLC Ivanov S.M. Compliance requirements of the participant or the goods offered by him are rarely found in the documentation. If they are present, it is quite enough to attach a letter in free form.

Article 66 of Federal Law No. 44-FZ

Claim work under 44-FZ Moscow from 7000 rubles. Similar questions

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The second parts of applications for participation in the electronic auction 44-FZ (clause 3, part 5, article 66) can we require certificates and declarations in 2 parts May 23, 2014, 13:36, question No. 457791 1 answer
Can the failure to submit documents, paragraph 7, part 2, Art. 62 of Federal Law No. 44-FZ serve as a basis for rejection? 30 December 2015, 15:52, question #1087872 2 answers
Can I apply again performance list into production, if it was completed under clause 3, part 1, article 46 of the Federal Law? 10 February 2016, 10:34, question #1137340 1 answer
They rejected the application for participation under 44-FZ.

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends paragraph 1 of part 11 of Article 66. See text in a future edition. 1) filing this application in violation of the requirements provided for by Part 2 of Article 60 of this Federal Law; 2) one participant in such an auction submits two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant; 3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction; ConsultantPlus: note.
From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends clause 4 of part 11 of article 66. See text in a future edition.

G3 x5 st66 44 ap what documents to attach

Cancellation of an application for participation in an electronic auction - Recognition of an electronic auction as failed if no bids were submitted by the end of the bid submission period (all bids were rejected) to the auction) Guide to Procurement Disputes: Is it legal to refuse admission to the auction due to the fact that the application contains non-specific characteristics (including in the form of a range) of the goods? — Is it legal to require a SRO certificate of admission to specific types of work that affect the safety of facilities capital construction? — Is it legal to require a license for work related to software fire safety if they are included in one lot with construction work? ConsultantPlus: note.

P3 ch5 st66 44 fz what documents to attach

See text in a future edition. 3. The first part of an application for participation in an electronic auction must contain the information specified in one of the following subparagraphs: 1) when concluding a contract for the supply of goods: a) the consent of a participant in such an auction to supply goods if this participant offers goods for delivery, in relation to which the documentation of such an auction contains an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial samples (if any), the name of the country of origin of the goods, and (or) such participant offers for delivery goods that are equivalent to the goods specified in this documentation, specific indicators of the goods corresponding to the equivalence values established by this documentation; (in ed.

In accordance with Part 5 of Art. 66 44-FZ establishes requirements for the composition of the second part of the application. One of the innovations of the law is that procurement participants must declare their compliance with the requirements established by paragraphs 3-9 of part 1 of Article 31. Below is an example of this declaration of conformity with the listed paragraphs of Art. 31.

In accordance with Part.1,2 Article. 37 44-FZ, anti-dumping measures are established, which apply to participation in tenders and auctions. If a procurement participant has proposed a price reduction of 25% or more, anti-dumping measures are established, which depend on the initial maximum contract price (IMCC), the limit of which is set at 15 million rubles. If the NMTsK is less than or equal to 15 million rubles, the contract will be concluded only after the winner provides a contract performance security that is 1.5 times the size of the contract performance security specified in the documentation, or information confirming the good faith of such a participant as of the date of application.

In accordance with Part 27 of Art. 34 44-FZ, the contract must include a mandatory condition for the return period of the security for the performance of the contract if the winner of the purchase transferred funds as security to the customer's settlement account. We offer you a sample letter for the return of the performance security, which must be sent to the customer after the fulfillment of all obligations under the contract.

Sample applications and documents for procurement under 44-FZ

Sample of filling in the "consent" of the first part of the application for participation in an electronic auction

In part 3 of Art. 66 44-FZ establishes a requirement for the content of the first part of the application. Below is a sample consent form for the performance of all obligations under the contract in accordance with the electronic auction documentation.

The second part of the application. A sample of filling out a declaration of compliance of the participant with the requirements of the auction documentation

In accordance with Part 5 of Art. 66 44-FZ establishes requirements for the composition of the second part of the application.
One of the innovations of the law is that procurement participants must declare their compliance with the requirements established by clauses 3-9 of part 1 of article 31.
Below is an example of this declaration of conformity with the listed paragraphs of Art. 31.

In accordance with Part.1,2 Article. 37 44-FZ, anti-dumping measures are established, which apply to participation in tenders and auctions.
If a procurement participant has proposed a price reduction of 25% or more, anti-dumping measures are established, which depend on the initial maximum contract price (IMCC), the limit of which is set at 15 million rubles.
If the NMTsK is less than or equal to 15 million rubles, the contract will be concluded only after the winner provides a contract performance security that is 1.5 times the size of the contract performance security specified in the documentation, or information confirming the good faith of such a participant as of the date of application.

Sample Supplier Integrity Letter
ON THE FORM

Romashka Limited Liability Company (hereinafter referred to as the Company), represented by CEO Ivanov Ivan Ivanovich, acting on the basis of the Charter, confirms the good faith of the Company in accordance with the requirements of Parts 1, 2, 3 of Art. 37 of the Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", and provides information on executed contracts:

Registry number of the contract entry

Customer (name, TIN)

Application of fines, penalties, forfeits

All information is provided from unified registry state and municipal contracts on the website www.zakupki.gov.ru. I confirm the accuracy of the information.

Sincerely,
(based on the Charter)

Download Sample Supplier Integrity Letter

Related materials

In accordance with Part 27 of Art. 34 44-FZ, the contract must include a mandatory condition for the return period of the security for the performance of the contract if the winner of the purchase transferred funds as security to the customer's settlement account.
We offer you a sample letter for the return of the performance security, which must be sent to the customer after the fulfillment of all obligations under the contract.

Sample letter for return of contract security

ON THE FORM

ISH. . from no.

Customer name

Romashka Limited Liability Company (hereinafter referred to as the Company), represented by General Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, requests a refund of funds transferred to (indicate payment details), payment order No. _____ dated _____ as security for the execution of the contract in the amount (amount in figures and words) by (subject of the contract, contract number) due to (indicate the reason for the return, as it is indicated in the text of the contract).

General Director ________________ Ivanov I.I.
(based on the Charter)

LLC SB "Aspect" does not guarantee full compliance of the materials with legal norms at the time of their viewing by the user. The materials are presented for informational purposes only.

Related materials

SMP declaration form

If the procurement documentation establishes preferences for small businesses (SMEs), then such a procurement participant must provide the following document as part of part 2 of the application.

DECLARATION
on the compliance of small and medium-sized businesses with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"
(sample to fill out)

№
p/p

Condition name

Unit rev.

Data
(numerical values \u200b\u200bare indicated with one decimal place)

The total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations(associations), charitable
and other funds in the authorized (share) capital (share fund)

The share held by one
or several legal entities,
non-small and medium-sized businesses

Average number of employees
for the previous calendar year (for _______ year) or other period (for the period _______)

Revenue from the sale of goods (works, services)
excluding VAT for the previous calendar year
(for ______ year) or other period (for ______ period)

1. TIN/KPP ____________________________________________________________________________
2. OGRN / OGRNIP ____________________________________________________________________________
3. Location (legal address) __________________________________________________
4. Actual address _________________________________________________________________
5. The main type of economic activity in accordance with All-Russian classifier types of economic activity specified in the extract from the Unified state register legal entities or an extract from the Unified State Register individual entrepreneurs ____________________________________________________________________________________
6. Contact person _________________________________________________________________
7. Contact phone, fax _______________________________________________________________

LLC SB "Aspect" does not guarantee full compliance of the materials with legal norms at the time of their viewing by the user. The materials are presented for informational purposes only.

www.gos-express.ru

Article 66 of Federal Law-44 "Procedure for filing applications for participation in an electronic auction"

To participate in an electronic auction, a corresponding application is made to the customer. Article 66 of the Federal Law-44 describes the procedure for filing such appeals. What regulates this article and what changes it has been affected by this article.

Article 66. Procedure for filing applications for participation in an electronic auction

Article 66 describes the requirements and conditions for the content and procedure for filing an application required to participate in an electronic auction. The document is required in order to place your final offer on the ETP and enter into transactions with customers. The article consists of 16 parts that should be analyzed:

AT part 1 of article 66 it is stipulated that an application for an electronic auction is submitted by persons who have received accreditation on an electronic site.

A well-written application to participate in an electronic auction consists of 2 parts described in h.2 article 66.

AT part 3 of article 66 already described in detail what should be described in these two parts. The 1st part of the application for participation in the electronic auction contains the following data:

consent to the supply of products, or the performance of work, or the provision of services;
if we are talking about the supply of goods, then specific indicators, a trademark, a service mark, a brand name, patents, utility models, industrial designs, and the country of manufacture of the goods are required. All this information is indicated if it is available.

Art.66 part 4 allows content in the first part of the product image. It can be, for example, a drawing, a photo, etc.

The information that must be present in the second part is described in part 5 of article 66. Application for an electronic auction must contain the following information in the second part:

about the bidders. For individuals - full name, passport details, place of residence, etc. For legal entities - company name, postal address, location, etc. Also contact number, TIN, including for foreign citizens;
documentary evidence (original or copies) and a declaration that the participant meets the requirements (if any) prescribed in Article 31 of the Federal Law-44;
copies of papers on the conformity of the product / service / work with the requirements of the standard. It is forbidden to demand the specified documentation if it was transferred along with the goods;
a decision to approve or conclude a major transaction;
an indication of the documents in the original or a copy of these papers, which confirms the right to receive benefits to participate in the electronic auction sale, in accordance with Art. 28-29 FZ-44;
copies or originals of documents on the compliance of the goods / services / works provided with the prohibitions and restrictions under Article 14 of the Federal Law-44;
a declaration of the participant's belonging to a small business / non-profit organization, if the customer has established a restriction under part 3 of article 30 of FZ-44.

AT part 6 article 66 it is stipulated that it is forbidden to demand other documents from the participant of the electronic auction, except for those specified in parts 3 and 5 of article 66.

If the commission finds that the information in the documents is unreliable, then the participant's application is withdrawn from the electronic auction, regardless of the stage of part 6.1 of article 66.

According to part 7 of article 66 , the participant of the electronic auction has the opportunity to submit an application at any time, after the announcement of its start - before the deadline for submission.

By part 8 of article 66 an application consisting of 2 parts is submitted by an electronic auction participant to the ETP operator.

The operator assigns a serial number to the application for participation in the electronic auction within 1 hour and notifies the participant of this procedure, according to part 9 of article 66 .

Participant by part 10 article 66 can only submit 1 application.

AT part 11 article 66 situations are described in which the document is returned back to the participant. Within 1 hour, the operator can return the application to the participant of the electronic auction if:

the appeal was filed in violation of the requirements of part 2 of article 60;
more than 1 appeal was submitted;
the deadline for accepting applications has expired;
part 14 of article 61 was violated;
lack of money in the account to pay for the collateral.

According to part 12 article 66 , apply other grounds for the return of the application is not allowed. The operator notifies the participant of the electronic auction about the return and indicates the reason.

The first part of the appeal is sent by the operator to the customer no later than the deadline for filing applications, according to part 13 article 66 .

wishing, by part 14 article 66 , may withdraw an application for participation in an electronic auction while the deadline for submission is valid. The operator must be notified.

When submitting an application for participation in an electronic auction, the operator maintains the secrecy of the data of the document and information about the participants until the protocol is posted ( part 15 article 66 ).

According to part 16 article 66 If only one application was submitted or none at all for participation, then such an auction is recognized as failed.

Recent amendments to Art. 66

Art. 66 of the current 44-FZ underwent the last changes at the beginning of July 2015. The changes affected only the clause on the content of the 2nd part of the application for participation in an electronic auction - part 5, clause 2 of Article 66.

It refers to the requirements applicable to the participants, in accordance with the provisions of Article 31 of the Federal Law-44 - clause 1, part 1 and part 2 and 2.1. In the previous version, part 2.1 of Article 31 was missing. Briefly, it refers to the application to participants in the competition / auctions. The introduction of additional conditions is carried out for participants engaged in audit or consulting services.

The organization of filing an application for participation in an electronic auction has an important role for participation in procurement. Errors are a common reason for rejecting a request.

FZ-44 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", containing information from Article 66, can be downloaded here.

What copies of documents should be attached in accordance with paragraph 3 of part 5 of Art. 66 of Federal Law No. 44-FZ?

hello, please tell me what documents should be attached in such a paragraph of the MMVB site-Copies of documents confirming the compliance of the goods, work or service with the requirements in accordance with paragraph 3 of part 5 of article 66 of Federal law No. 44-FZ?

Lawyers Answers (1)

Good afternoon. it all depends on each specific purchase.

these documents, in accordance with the norms of the Civil Code, are transferred with the goods as accessories (these are certificates of conformity, etc.). they do not need to be requested.

however, there are cases, such as with the supply of medicines, when such documents include registration certificates for medicines, which are not transferable at the same time as the goods (by virtue of the law), therefore, they are required as part of the second part.

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Article 66 of Law No. 44-FZ: how to apply in practice

We will tell you how to put into practice Article 66 of Law 44-FZ on the contract system.

To begin with, we recall that the rules for submitting applications for participation in an electronic auction are described in Article 66 of the Law on the contract system. Such an application includes two parts: in the first part, the participant gives information about the subject of the procurement, in the second, he talks about himself, attaches Required documents. The customer sees the first part on the day of consideration of applications, then he will be able to familiarize himself with the documents from the second part of applications. Such a mechanism prevents the possibility of collusion or agreements between the supplier and the customer and makes the procurement procedure as unbiased as possible.

The first part of the application: information about the product is required, sketch, photo - optional

Sample first parts of auction bids

In the first part of the application, if we are talking about an auction for the supply of goods, it is necessary to prescribe a number of points (part 3 of article 66 of law No. 44-FZ).

Firstly, the participant needs to give his consent to fulfill the terms of the contract - to supply the goods, the description of which is given in the procurement documentation (trademark, patents, country of origin, model, etc.) or goods similar in characteristics.

Secondly, it is necessary to indicate all the characteristics of the proposed product that meet the requirements of the customer (trademark and service mark, name, patents, models, samples, if any). Another important information is the country of origin of the goods, which is confirmed by a declaration or certificate of origin. All these indicators are registered in the so-called Form 2.

If the subject of the procurement is the performance of work or the provision of services for which a certain product is required, then in the first part of the application, the auction participant must also give his consent to the performance of work or the provision of a service, as well as consent to the use of this specific product and on the conditions that require customer. And here it is also necessary to register the features of the product (name, trademark, etc.). If the procurement participant proposes to use a similar product for work, all its characteristics must be indicated.

In the first part of the application for participation in the auction in electronic form the supplier can add a drawing, sketch, photograph, drawing or any other image of the product.

We emphasize that the first part of the application is submitted anonymously. In no case should you indicate information about the supplier company itself.

The second part of the application: tells everything about the potential supplier

Sample of the second parts of the auction bids

In the second part of the application for participation in an electronic auction, the participant must provide full information to himself and documents (part 5 of article 66 of 44-FZ).

First, you must specify the name of the company (for legal entities) or full name. (for individuals), address, contacts, TIN, attach an extract from the USRN.

Second, attach documents or copies of documents confirming that the company or individual meets the requirements for the procurement participant. As well as documents on the compliance of the goods (works, services) with the requirements established by the customer.

If in a particular case the law requires a decision to approve or complete a major transaction, this document must also be attached. If the procurement participant has some advantages in the bidding (for example, is an organization for the disabled or an institution of the penitentiary system, represents the SMP or SONCO), then he needs to attach documents confirming the status of the organization in the second part of the application.

The list of documents required from the electronic participant in the second part of the application is prescribed in Part 5 of Art. 66 of Federal Law No. 44-FZ and is exhaustive. The law prohibits requiring any additional documents from the participant. Ready-made forms, according to which participants can submit information that they meet the requirements of the customer, can be downloaded from the link. And the customer will need a list of resources by which information about the participant can be checked.

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The practice of applying article 66 of federal law 44-FZ

Despite the rather detailed presentation, the application of Art. 66 44-FZ in practice raises many questions. Moreover, both when filling out the first part of the application, and the second

An incorrectly completed first part of the application often becomes the reason for its rejection. Often inaccuracies are associated with an incomplete or incorrect description of the characteristics of the goods that are offered for delivery. In order to avoid difficulties, it is important when drawing up the first part of the application to focus not only on the provisions of the federal law, but also on the conditions of the auction itself. Before filling out the application and submitting it, it is recommended to carefully study the procurement documentation and terms of reference.

Sometimes in the documentation there are requirements that are incomprehensible to the customer. An example that has become a textbook is that the law requires the name of the country of origin of the goods to be written in the first part of the application. However, the very concept of "country of origin of goods" is not interpreted. To avoid ambiguity, the Ministry economic development in his letter No. D28I-1889 dated April 30, 2014, already recommended using the definition of this concept from Customs Code The Russian Federation - the country of origin of the goods - is the state or several states on the territory of which (which) the goods were completely produced or finally processed.

For some of these requirements, as in this example, there are already recommendations from the Ministry of Economic Development or FAS decisions that will help to avoid mistakes.

Reasons for rejection of the first parts of applications

There are only two reasons why the customer can reject the first parts of applications, and they are spelled out in Part 4 of Article 67 of Federal Law No. 44-FZ:

the participant of the electronic auction did not provide information, which is provided for by Part 3 of Art. 66, or provide false information;
the procurement participant provided data that does not meet the requirements of the documentation.

Denial of admission to participation in the electronic auction for any other reason is not allowed. For example: the customer can reject the application if the clause of its first part does not contain a participant’s agreement for the supply of goods (performance of work, provision of services) in accordance with the requirements prescribed by the customer, which is required exactly by Part 3 No. 66 of Law No. 44-FZ.

Another possible reason for the rejection of the first part of the application is if the specific characteristics of the goods do not match those specified in the tender documentation. That is, when a participant made mistakes when filling out Form 2. The reason for this is often banal inattention.

So, when making the first parts in accordance with Article 66 (Part 3) of applications, it is necessary to specifically prescribe all the characteristics of the goods. So, if the customer prescribes a requirement for a product with a value of “at least” (for example, doors with a thickness of at least 10 millimeters), the procurement participant must indicate the exact value in his application (doors with a thickness of 7.3 millimeters).

If the customer indicated in the requirements “country of origin - Russia”, and the participant offered goods made in China for delivery, such an application will also be rejected.

Reasons for rejection of the second parts of applications

To begin with, let's designate a situation where the customer does not know how to reject the second part of the application: if the participant did not provide documents (even if the customer required them), not provided for by law. In part 5 of Art. 66 of Law No. 44-FZ contains the entire list of documents from the participant, and the customer does not have the right to demand any papers in excess of it.

On the other hand, the customer may reject the second part of the application if the procurement participant has not provided any of the documents required by law or if the data indicated by the participant are unreliable. Another possible reason is the non-compliance of the bidder with the requirements of federal legislation in the field of public procurement.

✔ Related materials:

How to find out the reason for the rejection of an application for participation in an electronic auction

Clarification of the provisions of the auction documentation in electronic form

According to federal law, at the end of the period for consideration of the first parts of applications, the customer must publish the relevant protocol, where he is obliged to prescribe: which applications are allowed to participate in the auction, and which are rejected. On the basis of this document, a participant in an electronic auction may appeal against the actions of the customer to the Federal Antimonopoly Service (FAS).

In addition, according to paragraph 3 of part 6 of Art. 67 of the federal law, in case of rejection of the first part of the application, the customer is obliged to justify this decision, including specifying the provisions of the documentation that the application does not comply with and the points of the application that do not meet the requirements prescribed in the documentation.

Experts advise: before you start filling out an application for participation in an electronic auction, prescribing product characteristics and other information, you need to carefully read the auction documentation and customer requirements. In case of non-compliance with some criteria, the customer has every reason to reject it. But it is one thing when the product does not meet the requirements of the customer, and quite another when the product is reasonably suitable, but the application is rejected due to incorrect filling of the application in accordance with the requirements of Article 66 of the Federal Law on Procurement.

If a participant in an electronic auction has any questions, he can always place a request for clarification of the documentation (part 3 of article 65 of Law No. 44-FZ). But you need to be prepared for the fact that the customer is not always ready to “chew” all the incomprehensible moments. In response to the clarification, the procurement participant may also receive a reply.

Appealing the results of consideration of applications and liability

If you consider the rejection of your application to be unreasonable (and it does not matter which part of it is involved), you can draw up and file a complaint with the Federal Antimonopoly Service against the actions of the customer. Employees of the antimonopoly service will consider the situation and assess the legitimacy of the customer's actions.

However, the customer bears administrative responsibility not only for the unreasonable rejection of the application, but also for the admission of an unsuitable application to participate in the auction according to Federal Law No. 44.

It should be taken into account that not only unreasonable refusal of admission to participate in the auction entails the imposition of administrative liability in accordance with the articles of the Administrative Code. So, according to paragraph 2 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, unreasonable admission of the application, if it must be rejected, threatens with a fine of 1% of the initial (maximum) contract price, but not less than 5 thousand rubles. and no more than 30 thousand rubles.

The most up-to-date news and explanations of experts on sensitive topics in the field of public procurement in the Goszakupki.ru magazine Flip through the magazine

www.pro-goszakaz.ru

5 articles 66 of the law 44-fz

in case No. EA - 4115/2017 on violation

legislation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Commission of the Office of the Federal Antimonopoly Service for the Krasnodar Territory for control in the field of procurement of goods, works, services to meet state and municipal needs

having considered the complaint of Zolotoy Vek LLC (hereinafter referred to as the Applicant) against the actions of the Novokuban branch of the Russian Research Institute of Information and Feasibility Studies on the Engineering and Technical Support of the Agro-Industrial Complex during an electronic auction: “Overhaul of the roof of the warehouse” (notice No. 0318100065917000002) regarding the violation of Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the contract system),

The Office of the Federal Antimonopoly Service for the Krasnodar Territory received a complaint from the Applicant about the violation by the Customer of the Law on the contract system.

The applicant believes that the application was wrongfully rejected.

The representatives of the Customer submitted a notice of an electronic auction, documentation of an electronic auction, applications from procurement participants, written explanations on the merits of the complaint, with the arguments of which the representatives did not agree, the documentation complies with the requirements of the Law on the contract system.

After reviewing the submitted materials, after listening to the explanations, the Commission came to the following conclusions.

The customer — the Novokuban branch of the Federal State Budgetary Scientific Institution “Russian Research Institute of Information and Technical and Economic Research for Engineering and Technical Support of the Agro-Industrial Complex” held an electronic auction: “Major repairs of the warehouse roof” (notice No. 0318100065917000002).

The initial (maximum) price of the contract is 2,506,606.74 rubles.

In accordance with paragraph 2) of part 6 of article 67 of the Law on the contract system, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission draws up a protocol for considering applications for participation in such an auction, signed by all its members present at the meeting of the auction commission later than the deadline for consideration of these applications. The specified protocol must contain information: on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial number, to participate in such an auction and the recognition of this procurement participant as a participant in such an auction, or on refusal of admission to participation in such an auction with the rationale for this decision, including an indication of the provisions of the documentation for such an auction that the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation on German.

In the complaint, the applicant refers to the protocol No. 0318100065917000002-1 of consideration of the first parts of applications for participation in an open auction in electronic form dated 01.12.2017, according to which the application of OOO Zolotoy Vek ( Application No. 7) denied admission on the basis of clause 1) part 4 of article 67 - failure to provide information provided for in part 3 of article 66 of 44-FZ, or the provision / establishment of false information provided for in part 3 of article 66 of 44-FZ; Clause 2) Part 4 of Article 67 - discrepancy between the information provided for in Part 3 of Article 66 of 44-FZ and the requirements of the documentation for such an auction: The procurement participant is not allowed to participate in the electronic auction on the basis of paragraphs 1, 2 of Part 4 of Article 67 Federal Law No. 44-FZ of 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” due to the failure to provide and non-compliance of information provided in accordance with part 3 of article 66 of the law with the requirements established by the Appendix 1 to Section 4 Description of the procurement object "Information on goods (materials) used in the performance of work", namely: Pos.15 "Lumber"- a value is indicated that does not meet the requirements of the documentation: the participant indicated in the application "Type of lumber edged boards", "Nominal thickness: 44 mm", "Nominal thickness: 50 mm", "Nominal thickness: 60 mm", "Nominal thickness: 75 mm ”, and the requirements were established “The type of sawn timber must be edged boards”, “Nominal width 44 mm or more”, and “Position number fifteen must comply with GOST 24454-80, GOST 8486-86, GOST 18288-87, GOST 2695- 83". According to GOST 18288-87, “21. Board lumber thickness up to 100 mm and a width of more than double the thickness", and according to the instructions for filling out applications, "If the description of the characteristics of the goods uses the construction of the type "X or less", " X or more ”, then these indicators will be the maximum and minimum indicators, respectively. They are subject to specification as follows: the unchanged value "X" is indicated, and then the entire range of intermediate values of the indicators provided by GOST for the proposed product is listed in the direction of increase (if there is a design "X or more") or in the direction of decrease (if there is a design "X and less") values. In this case, the indicated values should not contradict GOST. For these indicators, it is not allowed to indicate an incomplete range of intermediate values that meet the requirements of the Customer in accordance with GOST. “If the auction documentation contains a requirement for the supply of goods (material) with several values of the same indicator, then it is necessary to describe all the required characteristics for each type of product ". In accordance with the requirements of GOST 24454-80 "Nominal thickness dimensions, mm, 44, 45, 50, 60, 75, 100. Those. the participant also had to indicate the thickness of the lumber 100 mm. Pos. 27. "Gutter" - a value is indicated that does not meet the requirements of the documentation: the participant indicated in the application "l 1, ± 1 mm 85 mm". Customer's requirement l 1 , ±1mm maximum 85 mm". According to the instructions for filling out the application, "the terms "from", "more", "minimum value", "less than", "above", "above", "below", " maximum " means that the characteristic indicated by the participant, should be more (less) specified by the Customer”, i.e. the value "85" was not in the range of valid values.

According to paragraph 3) of part 3 of article 66 of the Law on the contract system, the first part of the application for participation in an electronic auction must contain the information specified in one of the following subparagraphs: when concluding a contract for the performance of work or the provision of services, for the performance or provision of which goods are used :

a) the consent provided for in paragraph 2 of this part, including consent to the use of goods in respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), the name of the country of origin of the goods, or the consent provided for in paragraph 2 of this part, an indication of the trademark (its verbal designation) (if available), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods and, if the participant of such an auction offers for use a product that is equivalent to the product specified in this documentation, specific indicators of the product corresponding to the equivalence values established by this oh documentation, provided it contains an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial samples (if any), the name of the country of origin of the goods, as well as the requirement to indicate in the application for participation in such an auction for the trademark (its verbal designation) (if any), service mark (if any), company name (if any) , patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

b) the consent provided for in paragraph 2 of this part, as well as specific indicators of the goods used, corresponding to the values established by the documentation for such an auction, and an indication of the trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods.

The electronic auction documentation contains Appendix No. 1 "Information on the goods (materials) used in the performance of work" to Section 4 "Description of the procurement object", where the Customer establishes the requirements for the goods.

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Provides for the conditions for public procurement on a contract basis. One of the ways to select a supplier is to conduct an electronic auction, the winner of which concludes a state supply contract.

Article 66 of the federal law on public procurement on a contractual basis provides for the procedure for filing applications for participation in an electronic auction for the right to conclude a supply agreement.

The article consists of 16 parts of the following content:

Part 1 Art. 16 establishes that applications can only be submitted by persons who have accreditation on the electronic platform.

An application for an electronic auction consists of two parts:

The first part should contain the following information:
- In the clause on the conclusion of a contract for the supply of goods, it is required to indicate:
  - the consent of a potential supplier for the delivery of goods that has a trademark, service mark, trade name, as well as patents, industrial designs or a specialized country of origin. Otherwise, the bidder must offer an equivalent product that meets all descriptions in the product documentation;
  - an accurate description of the offered product that meets all the parameters specified in the auction, including the trademark and service mark, trade name, patent, specialized model, industrial design, country of origin, if these conditions are provided;
  - when providing certain services or performing work, it is required to indicate the consent of the auction participant with all the stipulated conditions;
- With regard to the conclusion of a contract for the performance of work or the provision of services for which the supply of goods is required, it is required to confirm the consent of the potential contractor with a description of all the features of the delivered products;
- In the first part of the application, in addition to a verbal description of the goods, it is allowed to use sketches, drawings, drawings, photographs, or other images of products that give a visual representation of the object of the contract.

Read about the main provisions of the Federal Transportation Safety Act

In the second part of the application for participation in the electronic auction, you must specify the following information:
- participant's contact details: name or company name, location and postal address - for a legal entity; Full name, passport details and place of residence - for an individual; and all require a contact phone number and tax identification number. For representatives of foreign countries, you must specify similar information or relevant information;
- participant compliance documents necessary requirements auction, as well as the corresponding declaration, if necessary;
- documents or their copies, which confirm the conformity of the subject of the contract with the stipulated requirements;
- approval for a major transaction;
- documents on the receipt by the participant of the benefits provided for in Articles 28 and 29 of this Law;
- documents on the participant's compliance with the restrictions established by the customer in accordance with the provisions of Article 14 of Federal Law-44;
- confirmation of the participant about his belonging to small businesses or socially oriented non-profit organizations, provided that the customer has established these requirements in accordance with article 30 of part 3 of this legislation.

It is forbidden to require the participant to provide other documents, except for those provided for in this article. If there is a discrepancy between the data in the submitted documents, the auction commission shall remove the participant at any stage of the electronic auction.

Also read about the main provisions of the Federal Law No. 161. Details

Both parts of the application for participation in the auction are submitted to the operator of the electronic site simultaneously. The operator, in turn, is obliged to assign a serial number to the documents within an hour, which gives the applicant the right to participate in the auction, and confirms the assignment of the number to the application by sending an electronic notification to the participant.

Part 10 Art. 66 FZ-44 establishes that a participant has the right to submit only one application for participation in an electronic auction.

The operator returns the submitted application to the participant within an hour from the moment of its submission under the following conditions:

Electronic documents are not signed enhanced electronic signature a person who has the right to act on behalf of the auction participant;
When submitting several applications, provided that the participant has not withdrawn the previous ones. In this case, all previously submitted documents are returned, which thus does not allow any more participation in the current auction;
Submission of an application after the end of the time allotted for their collection;
If the application was submitted less than three months before the expiration of accreditation at the site of the electronic auction;
Insufficient amount of funds on the personal account intended for participation in the auction to fulfill the required delivery.

When returning the application, the operator of the electronic site must notify the participant about this email with a written explanation of the reasons for the return with the necessary references to this law. Returns of applications for other reasons are not allowed.

The submitted application can be withdrawn by the auction participant only before the deadline for accepting applications, by sending a corresponding notice to the operator.

What changes have been made?

In the course of the latest amendments to Federal Law-44 dated December 31, 2017, Article 66 has undergone a number of amendments that will come into force on July 1, 2018.

The following parts of the article have been edited:

In part 1 of Art. 66, the condition for participation in the electronic auction was changed. In addition to the appropriate accreditation, it will be necessary to register in a single information system.
The terms of part 3, which provides for the content of the first part of the application for participation in an electronic auction, have been rewritten and shortened. The new edition must include the following information:
- The consent of the participant to the delivery of goods in accordance with all the conditions that are provided for in the auction documentation;
- When performing work or services that require delivery special item, is indicated:
  - the country of origin of the goods, taking into account all restrictive conditions;
  - an accurate description of the goods, corresponding to the indicators specified in the auction documentation;
Paragraph 5, part 11, article 66 of Federal Law-44, which provides for the return of the application due to the lack of sufficient funds on the participant’s personal account for delivery, was changed to the condition according to which the application is returned if the name of the participant, as well as its founders and performers, in the register of unscrupulous suppliers.

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For a detailed acquaintance with the terms of Article 66 “Procedure for submitting applications for participation in an electronic auction” of Federal Law No. 44-FZ of 04/05/2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, it is recommended to download the document in current edition

Application of Article 66 44 fz. Applications for participation in the electronic auction

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Article 66. Procedure for filing applications for participation in an electronic auction

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Sample applications and documents for procurement under 44-FZ

Sample of filling in the "consent" of the first part of the application for participation in an electronic auction

In part 3 of Art. 66 44-FZ establishes a requirement for the content of the first part of the application. Below is a sample consent form for the performance of all obligations under the contract in accordance with the electronic auction documentation.

The second part of the application. A sample of filling out a declaration of compliance of the participant with the requirements of the auction documentation

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Article 66 of Federal Law-44 "Procedure for filing applications for participation in an electronic auction"

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What copies of documents should be attached in accordance with paragraph 3 of part 5 of Art. 66 of Federal Law No. 44-FZ?

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Article 66 of Law No. 44-FZ: how to apply in practice

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What changes have been made?

Download 44 Federal Laws in the latest edition

Application of Article 66 44 fz. Applications for participation in the electronic auction

An error occurred.

Article 66. Procedure for filing applications for participation in an electronic auction

How to fill in the information of the auction participant, clause 1, part 5, article 66 of 44-FZ for individual entrepreneurs and LLC

Article 66 of Law No. 44-FZ: how to put it into practice

Article 66 of Federal Law No. 44-FZ

G3 x5 st66 44 ap what documents to attach

P3 ch5 st66 44 fz what documents to attach

Sample applications and documents for procurement under 44-FZ

Sample of filling in the "consent" of the first part of the application for participation in an electronic auction

In part 3 of Art. 66 44-FZ establishes a requirement for the content of the first part of the application. Below is a sample consent form for the performance of all obligations under the contract in accordance with the electronic auction documentation.

The second part of the application. A sample of filling out a declaration of compliance of the participant with the requirements of the auction documentation

Related materials

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SMP declaration form

If the procurement documentation establishes preferences for small businesses (SMEs), then such a procurement participant must provide the following document as part of part 2 of the application.

Article 66 of Federal Law-44 "Procedure for filing applications for participation in an electronic auction"

Article 66. Procedure for filing applications for participation in an electronic auction

Recent amendments to Art. 66

What copies of documents should be attached in accordance with paragraph 3 of part 5 of Art. 66 of Federal Law No. 44-FZ?

Lawyers Answers (1)

Looking for an answer? It's easier to ask a lawyer!

Article 66 of Law No. 44-FZ: how to apply in practice

Related Articles

The first part of the application: information about the product is required, sketch, photo - optional

Sample first parts of auction bids

The second part of the application: tells everything about the potential supplier

Sample of the second parts of the auction bids

The practice of applying article 66 of federal law 44-FZ

Reasons for rejection of the first parts of applications

Reasons for rejection of the second parts of applications

How to find out the reason for the rejection of an application for participation in an electronic auction

Clarification of the provisions of the auction documentation in electronic form

Appealing the results of consideration of applications and liability

5 articles 66 of the law 44-fz

Popular:

What changes have been made?

Download 44 Federal Laws in the latest edition

Looking for an answer?
It's easier to ask a lawyer!