Federal Law 44 Article 66. Mandatory requirements for a procurement participant

15.03.2020

Home>New Laws Russian Federation 2017-2018>Federal Law of 04/05/2013 N 44-FZ (as amended on 12/31/2017)>Chapter 3. PROCUREMENT>§ 2. Determination of suppliers (contractors, performers)>Article 67. Procedure for consideration of the first parts of applications for participation in electronic auction

1. The auction commission checks the first parts of applications for participation in an electronic auction containing the information provided for by paragraph 3 of Article 66 of this federal law, for compliance with the requirements established by the documentation of such an auction in relation to the purchased goods, works, services.

2. The term for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the date of the deadline for submission of these applications.

3. Based on the results of consideration of the first parts of applications for participation in an electronic auction containing the information provided for by Part 3 of Article 66 of this Federal Law, the auction commission shall decide on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and recognize this of a procurement participant by a participant in such an auction or on refusal of admission to participation in such an auction in the manner and on the grounds provided for by Part 4 of this Article.

4. A participant in an electronic auction is not allowed to participate in it if:

1) failure to provide the information provided for by Part 3 of Article 66 of this Federal Law, or the provision of false information;

2) non-compliance of the information provided for by Part 3 of Article 66 of this Federal Law with the requirements of the documentation for such an auction.

5. Denial of admission to participation in an electronic auction on grounds not provided for by part 4 of this article is not allowed.

6. 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 consideration of applications for participation in such an auction, signed by all its members present at the meeting of the auction commission no later than the deadline for consideration of these applications.

Article 66 of the law 44-fz

The specified protocol must contain information:

1) on the serial numbers of applications for participation in such an auction;

2) 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 to admit to participation in such an auction with the rationale for this decision, in 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 for it;

3) on the decision of each member of the auction commission in relation to each participant in such an auction on admission to participation in it and on its recognition as a participant or on refusal to admit to participation in such an auction.

7. The protocol specified in part 6 of this article shall be sent by the customer to the operator of the electronic site no later than the deadline for consideration of applications for participation in an electronic auction and placed in a single information system.

8. If, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction shall be declared invalid. Information on the recognition of such an auction as invalid shall be entered into the minutes specified in Part 6 of this Article.

9. Within one hour from the moment the operator of the electronic site receives the protocol specified in Part 6 of this Article, the operator of the electronic site is obliged to send a notice about the decision taken in relation to the applications submitted by them. If the auction commission has made a decision to refuse admission to participation in such an auction of its participant, the notice of this decision must contain the rationale for its adoption, including an indication of the provisions of the documentation for such an auction that this application does not comply with, the proposals contained in this application that do not comply with the requirements of the documentation for such an auction, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, the violation of which served as the basis for making this decision to refuse.

Article 66
Procedure for submitting applications for participation in an electronic auction

1. Submission of applications for participation in an electronic auction is carried out only by persons who have received accreditation on the electronic site.

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 must contain the information specified in one of the following subparagraphs:

a) the consent of a participant in such an auction to supply goods in the event that this participant offers for delivery goods, in respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation), service mark, trade name, patents, utility models, industrial designs, name the place of origin of the goods or the name of the manufacturer of the goods, and (or) such a 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;

b) specific indicators corresponding to the values established by the documentation of such an auction, and an indication of the trademark (its verbal designation), service mark, trade name, patents, utility models, industrial designs, appellation of origin of the goods or the name of the manufacturer of the goods proposed for delivery, provided that there is no this documentation indicates a trademark, service mark, trade name, patents, utility models, industrial designs, appellation of origin or manufacturer's name;

2) the consent of a participant in such an auction to perform work or provide a service on the terms stipulated by the documentation for such an auction, when holding such an auction for the performance of work or the provision of a service;

3) when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the 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), service mark, trade name, patents, utility models, industrial designs, place name origin of the goods or the name of the manufacturer of the goods, or the consent provided for in clause 2 of this part, an indication of the trademark (its verbal designation), service mark, trade name, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods and, if the participant in 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 documentation, provided that it contains an indication of a trademark (its verbal designation), obs tinning, trade name, patents, utility models, industrial designs, appellation of origin or name of the manufacturer of the product, as well as the requirement to indicate in the application for participation in such an auction for a trademark (its verbal designation), service mark, trade name, patents, utility models , industrial designs, the name of the place of origin of the goods or the name of the manufacturer of the goods;

b) the consent provided for in clause 2 of this part, as well as the 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), service mark, trade name, patents, utility models, industrial designs, appellation of origin goods or the name of the manufacturer of the goods, provided that this documentation does not indicate a trademark, service mark, company name, patents, utility models, industrial designs, appellation of origin of the goods or the name of the manufacturer of the goods.

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, or 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, mailing address(for a legal entity), 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 faces);

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraphs 1 and 2 of Part 1 and Part 2 of Article 31 (if such requirements exist) 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 3-8 of Part 1 Article 31 of this Federal Law;

3) copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation, if in accordance with the legislation of the Russian Federation the requirements for the goods, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction;

4) a decision to approve or commit big deal either a copy this decision in the event that the requirement for the need for this solution 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 a participant in such an auction to receive an advantage in accordance with Articles 28-30 of this Federal Law, or copies of these documents;

6) documents confirming the compliance of the participant in such an auction and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents.

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

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 placed 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 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 the parts of the application provided for in parts 3 and 5 of this article.

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

Specified electronic documents served at the same time.

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 a serial 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 serial 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 in relation to each object of procurement.

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 who submitted it in the event of:

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;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 14 of Article 61 of this Federal Law;

5) the absence on the personal account opened for carrying out operations to ensure participation in such an auction of the procurement participant who submitted an application for participation in such an auction, of funds in the amount of security for this application, in respect of which blocking has not been carried out in accordance with this Federal Law.

12. 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, the rationale 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 in part 3 of this article.

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 the electronic site is obliged to ensure the confidentiality of information about the participants in the electronic auction who submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3-5 of this article, before posting the protocol of such an auction on the electronic site. For violation of this requirement, the operator of the electronic site is liable in accordance with the legislation of the Russian Federation.

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

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

3. The question of representatives of the Udmurt Republic on the procedure for applying paragraph 3 of part 3 of Article 66 of Law N 44-FZ when conducting an electronic auction for the right to conclude a contract for construction, reconstruction and overhaul in terms of filling out the first part of the application for participation in the electronic auction by the participant of the electronic auction electronic auction (hereinafter referred to as the auction bid). According to paragraph 3 of part 3 of article 66 of Law N 44-FZ, when concluding a contract for the performance of work or the provision of a service for the performance or provision of which goods are used, the first part of the auction bid must contain the consent of the participant in such an auction to perform the work or provide the service on the conditions provided for documentation of such an auction, as well as the information on the product provided for in paragraph 3 of part 3 of Article 66 of Law No. 44-FZ.

Thus, when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which goods are used, the customer is obliged to establish indicators in the auction documentation that allow determining the compliance of the goods used as part of the performance of work with the requirements established by the customer. At the same time, the maximum and (or) minimum values of such indicators are indicated, as well as the values \u200b\u200bof indicators that cannot be changed (Part 2 of Article 33 of Law N 44-FZ).

Established by the auction documentation for the performance of work for which the goods are used, the requirement for the procurement participant to provide only the consent of the participant in such an auction to perform work without information about the goods used does not comply with paragraph 3 of part 3 of Article 66 of Law N 44-FZ.

In doing so, the following should also be noted.

Firstly, the requirement established by clause 3 of part 3 of article 66 of Law N 44-FZ to indicate information about the product used to perform work during an electronic auction does not mean that the customer is obliged to set the values of indicators in relation to all used in the performance of work building materials and equipment. Such indicators can be established only in relation to the equipment that the customer considers necessary during this purchase, taking into account the requirements of the project documentation.

Secondly, work on the construction, reconstruction and overhaul of facilities capital construction if the initial (maximum) price of the contract when making purchases to meet state needs exceeds 150 million rubles, to meet municipal needs exceeds 50 million rubles, in accordance with the order of the Government of the Russian Federation dated October 31, 2013 N 2019-r "O the list of goods, works, services, in the event of the procurement of which the customer is obliged to hold an auction in electronic form(electronic auction)”, taking into account the letter of the Ministry of Economic Development of Russia dated February 21, 2014 N D28i-190, can be purchased not only through an electronic auction, but also through open competition. When holding an open tender, Law N 44-FZ allows the customer to independently establish requirements for the description of the procurement object by the participants in the tender, including not to establish requirements for the description of the goods used to perform the work, which avoids the situation with the deviation of the parameters of the capital construction object from the approved project documentation ( Article 52 of the Town Planning Code of the Russian Federation).

1. Submission of applications for participation in an electronic auction is carried out only by persons who have received accreditation on an electronic site.

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 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 respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation) (if any), a service mark (if any), brand name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods, and (or) such participant offers for delivery a product that is equivalent to the product specified in this documentation, specific indicators of the goods corresponding to the equivalence values established by this documentation;

b) specific indicators corresponding to the values established by the documentation of such an auction, and 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 designs (if any), name of the country of origin of goods;

2) the consent of a participant in such an auction to perform work or provide a service on the terms provided for by the documentation of such an auction, when such an auction is held for the performance of work or the provision of a service;

3) when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the 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 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.

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.

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

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, postal address (for a legal entity), last name, first name, patronymic (if any), passport details, place of residence (for an 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;

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of Part 1, Parts 2 and 2.1 of Article 31 (if such requirements exist) 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;

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;

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) the 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;

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;

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;

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 the restriction provided for by Part 3 of Article 30 of this Federal Law.

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 and 5 of this article.

6.1. In the event that the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3 and 5 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.

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.

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 it a serial number and confirm in the form of an electronic document sent to the participant in such an auction who submitted the specified application, its receipt, indicating the serial number assigned to it.

A participant in an electronic auction has the right to submit only one application for participation in such an auction in respect of each object of procurement.

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

1) filing this application in violation of the requirements provided for by Part 2 of Article 60 of this Federal Law;

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 14 of Article 61 of this Federal Law;

5) the absence on the personal account opened for carrying out transactions to ensure participation in such an auction of the procurement participant who submitted an application for participation in such an auction, of funds in the amount of the security for this application, in respect of which blocking has not been carried out in accordance with this Federal Law.

12. 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.

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 the participants in an electronic auction that submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3-5 of this article, until the protocol of such an auction is posted on the electronic site. auction. For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

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 application has been submitted, such an auction shall be recognized as failed.

(as amended by Federal Laws No. 504-FZ of December 31, 2017, No. 71-FZ of May 1, 2019)

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:

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 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).

(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 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;

(as amended by Federal Laws No. 396-FZ of 28.12.2013, No. 140-FZ of 04.06.2014, No. 504-FZ of 31.12.2017)

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);

(As amended by Federal Laws No. 396-FZ dated December 28, 2013, No. 140-FZ dated June 4, 2014, No. 210-FZ dated June 29, 2015, No. 504-FZ dated December 31, 2017, No. 71-FZ dated May 1, 2019 )

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

5) documents confirming the right of an electronic auction participant to receive benefits in accordance with Articles 28 and 29 of 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 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 to supply 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 by Part 3 of Article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic platform).

(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. 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.

(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)

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.

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

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.

(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 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.

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

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.

(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)

1) filing this application in violation of the requirements provided for by Part 6 of Article 24.1 of this Federal Law;

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;

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

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;

(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 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) requirements established in the notice of 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).

(Clause 6 was introduced by Federal Law No. 71-FZ of May 1, 2019)

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.

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

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 who 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.

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

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. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017, paragraph 6 of Part 5 of Article 66 is set out in a 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

What documents are provided in accordance with clause 3, part 5, article 66 of FZ-44? October 20, 2015, 18:29, question #1012949 3 answers
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 invalid if no applications have been submitted by the end of the application period (all applications have been 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 capital construction projects? — 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.

An electronic auction is one of the basic forms of procurement according to the norms of the legislation on the contract system. In addition to direct participation in the auctions, which take place on the electronic trading platform, participants need to fill out and submit an application for participation in the purchase. Such an application is made in accordance with the requirements of 44-FZ.

What regulates Art. 66 44-FZ

The procedure for filing applications for participation in an electronic auction is regulated in Art. 66 44-FZ. The article consists of 16 paragraphs.

The article regulates the following aspects of participation in an electronic auction:

Who is eligible to participate in.
What should the first part of the application for participation contain?.
What information is included in the second part of the application for participation.
What can be requested from the participant.
How is an application submitted?.
How to confirm or return an application.

Applications for participation in the electronic auction

Based on paragraph 1 of Art. 66 44-FZ, only persons who were on the electronic site and in the EIS can apply for participation in the auction. Submission of applications for participation in purchases certain types goods, works and services for which the Government has established additional requirements, is carried out only by those participants who have submitted electronic documents for placement in procurement.

The application for participation in the electronic auction includes two parts. The first part of the application does not indicate the personal and contact details of the participant. Based on the assessment of the first part for participation, the customer decides on the admission of the participant to the auction. The first anonymized part of the application is transferred to the customer at the end of the acceptance of applications, the second, with the personal data of the participants - only after the auction.

This way of considering applications for participation by the customer is aimed at increasing the openness and transparency of the procurement system. It allows you to exclude collusion and agreements between the individual and the customer.

Based on part 3 of Art. 66 44-FZ, the first part of the application for participation in an electronic auction includes the following information:

The consent of the auction participant to deliver goods, perform work or provide services in accordance with the terms of the procurement documentation. Such consent does not need to be issued in the form of a separate document; for this, it is used software ETP (a tick is placed in the corresponding column on the ETP). The remaining items of the first part of the application are drawn up only after the participant has expressed his consent to take part in the procurement.
Name of product. Previously, the specified item of the application was required to be indicated to all participants in the electronic auction. Now it is filled out only by participants in the procurement, in which the customer has established restrictions on the requirements of the national regime under Art. 14 44-FZ. Ministry economic development in explanatory letter No. D28I-1889 of 2014 recommended using the name of the country of origin from Customs Code RF.
Specific characteristics of the goods that correspond to the values in the documentation for the electronic auction, indicating the trademark (if necessary). Based on part 3 of Art. 66 44-FZ, the information from the specified paragraph is included in the application if there is no information about a specific trademark in the procurement documentation, or if the participant offers a trademark that differs from the one indicated in the electronic auction documents.

If the purchase information contains project documentation, then the application for participation includes only the consent of the participant to perform the work on the conditions specified by the customer (according to clause 3.1, part 3, article 66 44-FZ).

If necessary, the first part of the application for participation in the auction shall include:

sketch;
picture;
drawing;
photo etc.

The first part of the application for participation in the auction is also referred to as form 2.

Please note that not all of the above fields are required. If the subject of the procurement is either certain works, then in the first part of the application, the participant only needs to express his consent to participate in the implementation of the contract on the terms of the customer. In some cases, the participant indicates his agreement to use certain goods in the work or to prescribe the characteristics of the goods used.

Since the customer is prohibited from indicating in the auction documentation the requirement to supply goods of a certain brand without the ability to supply an analogue (with rare exceptions), the participant has the right to offer his goods for delivery. In this case, he prescribes in detail all the characteristics of a similar product.

In the first part of the application, it is strictly forbidden to indicate contact information and fill it out on the letterhead of the organization. Typically, the auction documentation contains a recommended form of application for participation in the procurement, which should be followed by the participant, as well as instructions for filling it out. However, the use of this form is only a recommendation and is not mandatory.

The participant must carefully approach the completion of the first part of the application for participation in the procurement. Incorrectly completed first part may result in rejection of the application. If there are difficulties in interpreting the requirements, the participant has the right to contact the customer to clarify the documentation.

The reasons for the rejection of the first parts of applications for participation in an electronic auction are presented in a separate article 67 of the 44-FZ. It indicates two possible reasons: incorrect information in form 2 or information that does not meet the requirements of the documentation. It is prohibited to refuse admission to participate in an electronic auction for other reasons.

Based on the Federal Law, at the end of the period for consideration of the first part of the application, the customer must publish a protocol indicating the applications admitted to participate in the auction and those rejected. If the application is rejected, the customer must justify his decision and list the specific items of the auction documentation that the participant violated. If the participant disagrees with the decision made by the customer, the participant has the right to complain to.

The Administrative Code provides for the responsibility of the customer both for the unreasonable refusal to participate in the auction of the supplier, and for the unreasonable admission to participate in the purchase, which does not meet the requirements of the auction. Based on paragraph 2 of Art. 7.30 of the Code of Administrative Offenses for this, the customer faces a fine in the amount of 5-30 thousand rubles.

The second part of the application for participation in the electronic auction must contain information about the participant in accordance with Part 5 of Art. 66 44-FZ. This contains information about the following type of participant:

Company name or full name individual entrepreneur or .
Company location(for a legal entity) or postal address of the participant (for an individual entrepreneur or individual).
Passport data(for individuals).
TIN or its equivalent for a foreign person, TIN of the founders for a legal entity.
contact number.

In paragraphs 2-5 of Art. 66 44-FZ provides a list of documents that must be attached to the second part of the application for participation in an electronic auction. The list of requested documents includes:

Documents that confirm the compliance of the auction participant with the requirements according to paragraph 1, part 1, art. 31 44-FZ. To do this, ETP tools are used. The unified procurement requirements include, in particular, the non-liquidation of the company and the absence of a decision to declare it bankrupt, the non-suspension of activities under the Code of Administrative Offenses, the absence of tax debts, the absence of convictions for economic crimes among managers, the absence of a conflict of interest between participants, etc.
Participant's Declaration of Conformity according to paragraph 3-9, part 1 of Art. 31 44-FZ (a separate document is not drawn up, it is drawn up using the ETP tools).
Copies of documents that confirm the compliance of the goods, work and services with the requirements of the auction documentation. If such documents are transferred together with the goods, then it is not allowed to request them additionally.
or a major transaction(or a copy of such decision). It is submitted if the contract price or the security amount is a major transaction.
Documents that confirm the right of participants to provide them with, according to Art. 28, 29 44-FZ. Such documents are presented by organizations of persons with disabilities or institutions of the penal system, if the participants have expressed their desire to receive these benefits.
Documents to be submitted by bidders in accordance with Art. 14 44-FZ. Such documents are requested by the customer when purchasing under the national regime. If the participant does not attach documents indicating the Russian origin of the goods or their production in the EAEU countries (for this, an examination certificate, ST-1 certificate, extract from the register, etc. is used), then such an application is equated to an application with an offer of goods from foreign countries.
Declaration of company affiliation with or socially oriented NPO. In this case, a separate document is also not required - the declaration is provided using the ETP software and hardware (an extract from the SMP register is not needed). A declaration is needed if the customer conducts a purchase in accordance with the norms of Part 3 of Art. 30 44-FZ exclusively among small businesses.

Request for additional documents from the participant

In part 5 of Art. 66 44-FZ contains the entire list of documents that can be requested from the participant, but the customer has the right to reject the application if the participant has not provided all Required documents, or they contain invalid data.

According to part 6 of Art. 66 44-FZ, the customer is prohibited from requesting additional documents and information from the participant.

The participant is responsible for the accuracy of the information that he indicated in the declarations and documents. If the fact of falsification is revealed by the customer, then the application for participation may be rejected from further participation in the electronic auction at any stage.

The procedure for submitting an application by a participant

A procurement participant in the form of an electronic auction can submit an application for participation at any time from the time the notice of its holding was posted until the stipulated date and time for the deadline for submitting an application (according to paragraph 7 of article 66 of 44-FZ).

Although the application for participation in the electronic auction consists of two parts, which are considered by the customer at different stages of the procurement, the participant submits to electronic format two parts at once. According to paragraph 10 of Art. 66 44-FZ, a procurement participant can submit only one application for participation in an electronic auction.

The deadline for submitting applications for participation in the procurement depends on. If it does not exceed 3 million rubles, then participants have 7 days to submit applications. If the purchase amount exceeds 3 million rubles, then the participant has 15 days to prepare and submit an application.

Applications for participation are signed using a qualified electronic signature.

Confirmation or return procedure

Within an hour after receipt of the application, it is assigned an identification number, which the operator must inform the participant. The ETP operator also has the right to return the application for participation to the participant and reject it in the cases listed in Part 11 of Art. 66 44-FZ. Reasons for returning an application for participation include the following:

The application violated the law according to part 6 of Art. 24.1, part 9 of Art. 24.2 44-FZ.
One participant submitted two or more applications for participation in the auction previously submitted applications were not withdrawn by him.
The application was submitted in violation of the established deadlines for the submission of applications for participation.
The application was submitted by the participant, information about which is contained in the RNP if the customer has set a restriction on participation in the procurement for participants from the register of unscrupulous suppliers.
If there is no information about the participant in the register of procurement participants if the auction documentation contains this requirement.

The list of grounds for the return of an application for participation in the auction under paragraph 11 of Art. 66 44-FZ is exhaustive. It is not allowed to return the application for other reasons. When returning an application for participation, the operator must refer to a specific paragraph of the law that was violated by the supplier.

The first part of the applications is transferred to the customer no later than the next working day after the day of the deadline for filing applications for participation in an electronic auction (part 13 of article 66 of 44-FZ). At the same time, it is the responsibility of the operator to ensure the confidentiality of information from the application for participation. Failure to comply with this requirement will result in liability.

Recognition of the auction as invalid

Ch. 16 Art. 66 44-FZ contains a list of grounds for declaring an auction invalid. It's possible if only one application for participation in the auction was submitted or no applications were received. In this case, we are talking only about those applications that were recognized by the customer as meeting the procurement requirements.

Thus, Article 66 44-FZ describes the rules for filing applications for participation in an electronic auction. According to the rules of the legislation on the contract system, such an application consists of two parts. The first part contains information about the subject of the procurement, the second part contains personal information about the participant and a set of necessary documents.

So, from July 1, 2018, amendments to Law 44-FZ came into force. All customers paused and slowed down with the competitive procedures. Nobody wanted to be a pioneer. From July 1 to July 10, the number of newly announced competitive procedures in the EIS fell sharply. But as practice shows, few people can sit out for a long time.

In order to hold an electronic auction scheduled for July 2018, we recommend customers to bring the electronic auction documentation in line with the new requirements.

Let's start with the information card. In connection with the appearance in Art. 31 of the new mandatory requirement (the absence of restrictions for the procurement participant to participate in procurement established by the legislation of the Russian Federation), we are reworking clause information card Requirements for procurement participants.

The new version should look like this:

Requirements for procurement participants established in accordance with Art. 31 of the Federal Law of 04/05/2013 No. 44-FZ:

Mandatory requirements to the bidder:

1) compliance with the requirements established in accordance with the legislation of the Russian Federation for persons performing work, rendering services that are the object of procurement - has not been established;

2) non-liquidation of the procurement participant - a legal entity and the absence of a decision arbitration court on the recognition of a procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings;

3) non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, as of the date of filing an application for participation in the procurement;

4) the procurement participant has no arrears on taxes, fees, debts on other obligatory payments to the budgets budget system of the Russian Federation (with the exception of amounts for which a deferment, installment plan, investment tax credit is granted in accordance with the legislation of the Russian Federation on taxes and fees, which are restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into force on recognizing the applicant's obligation on payment of these amounts executed or which are recognized as uncollectible in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the balance sheet value of the procurement participant's assets, according to the financial statements for the last reporting period. The procurement participant is considered to comply with the established requirement if, in accordance with the established procedure, he has filed an application for appealing against the specified arrears, debts and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer);

5) the procurement participant - an individual or the head, members of the collegial executive body, the person performing the functions of the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a criminal record for crimes in the field of economics and (or) crimes provided for by 291.1 of the Criminal Code of the Russian Federation (with the exception of persons whose convictions have been canceled or expunged), as well as the non-application of punishment against these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities that are related to the supply of goods, performance of work, provision services that are the object of the ongoing procurement, and an administrative penalty in the form of disqualification;

5.1) procurement participant - a legal entity that, within two years prior to the filing of an application for participation in the procurement, was not held administratively liable for an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation;

6) the possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, except for the cases of concluding contracts for the creation of works of literature or art, performance, for financing the rental or showing of a national film - is not provided;

7) the absence of a conflict of interest between the procurement participant and the customer, which means cases in which the head of the customer, a member of the procurement commission, the head of the contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body of a business company ( director, CEO, manager, president and others), members of the collegial executive body of the economic company, the head ( director, general manager) institutions or unitary enterprise or other management bodies of legal entities - participants in the procurement, with individuals, including those registered as an individual entrepreneur - participants in the procurement or are close relatives ( relatives in the direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full-blooded and half-blooded (having a common father or mother) brothers and sisters), adoptive parents or adoptees of the said individuals. Beneficiaries are individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business entity or a stake exceeding ten percent in the authorized capital of a business entity;

8) the procurement participant is not an offshore company;

9) the procurement participant has no restrictions on participation in procurement established by the legislation of the Russian Federation.

We change the requirements for the content and composition of the application in accordance with new edition Art. 66 of the Federal Law of April 5, 2013 No. 44-FZ:

For example, if the subject of the auction are works.

The first part of the application for participation in an electronic auction must contain the following information: the consent of the participant of the electronic auction to perform work on the terms stipulated by the documentation for the electronic auction and not subject to change based on the results of the electronic auction (such consent is given with the use of software and hardware of the electronic platform).

In the second part of the application for participation in the electronic auction, there are also links to the use of software and hardware of the electronic trading platform:

Declaration of conformity of the auction participant to the requirements established by paragraphs 3-9 of Part 1 of Art. 31 of the Federal Law of April 5, 2013 No. 44-FZ (the said declaration is provided using the software and hardware of the electronic platform).

Declaration of belonging of the auction participant to small businesses or socially oriented non-profit organizations (subject to the establishment of an appropriate restriction), (the specified declaration is provided using the software and hardware of the electronic site).

In a new way, it is necessary to formulate the availability of documents in accordance with Art. 14 of the Federal Law of April 5, 2013 No. 44-FZ:

Documents provided for by regulatory legal acts adopted in accordance with Article 14 of Federal Law No. 44-FZ dated April 5, 2013, 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 (subject to the establishment of appropriate conditions, prohibitions and restrictions).

We add a new paragraph in cases where an application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction: provided for by regulatory legal acts adopted in accordance with Art. 14 of the Federal Law of April 5, 2013 No. 44-FZ.

The clause of the Information Card, the procedure, start and end dates for providing participants in such an auction with explanations of the provisions of the documentation for such an auction, are also being revised in accordance with the new edition of Art. 65 of the Federal Law of April 5, 2013 No. 44-FZ.

Any participant of the electronic auction, registered in the unified information system and accredited on the electronic platform, has the right to send using the software and hardware of the electronic platform to the address of the electronic platform where such an auction is planned, a request for clarification of the provisions of the documentation for such an auction. At the same time, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the moment of receipt of the specified request, it is sent by the operator of the electronic site to the customer.

Please note that in connection with the new rules for establishing the amount of security for applications for participation in an electronic auction, if the price of the contract does not exceed 1,000,000.00 rubles, then no bid security is required.

Be sure to correct the paragraph of the Information Card about the term of signing the contract. Now the signing of the contract is regulated by the new art. 83.2 of the Federal Law of April 5, 2013 No. 44-FZ.

In addition to the Information Card, each Customer must make a number of changes to the Draft Contract. This applies to the Contract price section. In connection with the amendments to Art. 34. Federal Law No. 44-FZ of 05.04.2013 is added to the text of the contract “The amount payable by the customer legal entity or to an individual, including those registered as an individual entrepreneur, is reduced by the amount of taxes, fees and other mandatory payments to the budgets of the budget system of the Russian Federation related to the payment of the contract, if, in accordance with the legislation of the Russian Federation on taxes and fees, such taxes, fees and other mandatory payments are payable to the budgets of the budgetary system of the Russian Federation by the customer”.

In addition, in the section on the responsibility of the parties, we replace the “refinancing rate” with "key".

In this article, we have tried to consider the main points that require changes to the electronic auction documentation. Bring your documentation in line with the new version of the law on the contract system, following our recommendations, and feel free to purchase in July.

Federal Law 44 Article 66. Mandatory requirements for a procurement participant

Article 66 of the law 44-fz

Article 66 Procedure for submitting applications for participation in an electronic auction

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

Other articles of the law

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

Article 66. Procedure for filing applications for participation in an 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

What regulates Art. 66 44-FZ

Applications for participation in the electronic auction

Request for additional documents from the participant

The procedure for submitting an application by a participant

Confirmation or return procedure

Recognition of the auction as invalid

Article 66
Procedure for submitting applications for participation in an electronic auction