An electronic auction is one of the ways to conduct a purchase, and the most popular one. It consists of several stages, each of which is drawn up by a special document - a protocol. It is about them that will be discussed in this article.
Applying for participation
Before the electronic auction procedure takes place, applications from its potential participants are accepted. This stage takes 7 days for the initial (maximum) price of the contract up to 3 million rubles, and 15 days - for the NMC of the contract more than 3 million rubles.
Each application consists of two parts. The first parts of the applications are considered by the commission of the customer before the auction procedure. This process is regulated by Article 67 of Law No. 44-FZ.
Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
In the course of studying the first part of the application, the commission must determine whether the supplier (contractor) can take part in the auction, that is, whether its documentation meets the procurement requirements. In case of a positive decision, he is allowed to participate in the auction, otherwise his application is rejected.
The decision made must be Protocol for consideration of applications for participation. It contains a message that the supplier is admitted to the auction, that is, becomes its participant, or that the application is rejected with a detailed disclosure of the reason for this. In addition, the protocol must contain the serial number of applications, as well as the decision of each member of the commission in relation to each application (to admit or refuse to participate in the auction).
The commission of the customer has 7 days to check the first parts of the applications, form a protocol and send it to the EIS and to the electronic platform.
There are cases when only one supplier passes the stage of consideration of the first parts of applications or no one passes at all. Then the procedure is declared invalid.
Holding an auction
The auction is held 2 days after all applications are considered and the list of participants is formed. Its essence lies in the fact that the participants make offers more favorable for the customer prices, that is, reduce the price of competitors. When the auction is announced, no more than 10 minutes are given for reflection - during this time you need to offer your price. After each new offer, there is another 10 minutes to beat the current price with a better one. If the next price offer is not "interrupted" within 10 minutes, then the auction ends. If no bids have been received within 10 minutes from the moment of start, the auction is declared invalid.
30 minutes after the end of the procedure, the ETP operator publishes Protocol of the electronic auction. This document must include the address of the electronic site, the date of the auction, the start and end time of the auction, as well as the price offers that the participants made during it. They are ranked by price, indicating the number of the application and the time at which this offer was received.
The protocol is also sent to the customer's contract service, and with it the second parts of the participants' applications. If there were many of them, then the customer will see only the first 10 price offers.
Summarizing
Article 69 of Law No. 44-FZ regulates the procedure for considering the second parts of participants' applications. This will take no more than 3 days.
The commission must check each application for compliance with the auction documentation and take a collegial decision on it. As a result, no more than 5 best applications will be selected that correspond to the documentation for the second parts. They will enter into Auction summary protocol. In it, bids must be placed at a price indicating the time of submission of the offer. The protocol is signed by all members of the auction commission and placed in the UIS and on the ETP no later than the next day.
The participant who offered the lowest price of the contract, whose application fully satisfies the procurement documentation, is recognized as the winner of the auction.
How to make a decision on consideration of applications
The legislator did not approve the template for the protocol for considering the first parts of applications for the electronic auction 44-FZ. Make it free. Be sure to fill in the information that is enshrined in Part 6 of Art. 67 44-FZ:
- an identification number;
- admission decision. If not, justify the refusal. Indicate what provision in the participant's proposal does not correspond to the documentation, what information he did not provide, or what information is unreliable;
- the decision of each member of the commission;
- are there any participants who offer to supply foreign goods if the documentation establishes prohibitions, restrictions or conditions for admission under Art. 14 44-FZ.
Publish the protocol on the electronic platform and in the EIS. Do this no later than the deadline for reviewing the first parts. This is enshrined in Part 7 of Art. 67 44-FZ.
In part 2 of Art. 67 states that the maximum period for consideration of the first parts of applications in purchases from the NMCC is more than 300 million rubles. - three working days from the date when the acceptance of proposals ended. If the NMCC is less than this indicator, then consider no longer than one business day from the deadline for submission of proposals.
In the procurement of construction works from paragraph 8 of part 1 of Art. 33 44-FZ, when the auction documentation contains design and estimate documentation, the protocol is not generated. This is spelled out in part 10 of Art. 67 44-FZ.
We collected forms for different situations in a table based on the results of consideration of the first parts.
How the auction protocol is formed
Suppliers who have been admitted participate in bidding to lower the initial (maximum) contract price (IMCC). During the auction, information about the participants is not disclosed. Thirty minutes after the announcement of the minimum price, the electronic platform places a document on the progress of the electronic auction. It includes information that is spelled out in Art. 68 of the law on the contract system:
- website of the electronic platform;
- date, time of start and end of trading;
- NMCC;
- minimum contract price offers;
- serial numbers of potential suppliers.
If 10 minutes after the start of the auction there are no bids, it is recognized that it did not take place.
How to write a debriefing decision
The legislator did not approve the template for the protocol for the consideration of the second parts of the applications of the electronic auction 44-FZ. Make it free. It is important to fill in the information that is enshrined in Part 8 of Art. 69 44-FZ:
- identification numbers of 5 applications that were admitted;
- whether or not the proposals of the participants comply with the requirements of the documentation;
- if the application or the participant does not comply, indicate the section, paragraph of the documentation that does not comply;
- decision and signature of each member of the commission for each potential supplier (part 8 of article 69 44-FZ).
We collected forms in a table for different situations based on the results of consideration of the second parts.
Publish the decision on the electronic platform and in the EIS. Do this no later than the next business day after the members of the commission have signed. In order to consider the second parts of the applications, form a decision and endorse it with the commission, there are deadlines for the protocol for summing up the results of the electronic auction 44 FZ - a maximum of 3 working days from the date when the document on the auction progress appeared on the site. This is indicated in part 5 of Art. 69 44-FZ.
How to make a decision on consideration of a single application
In paragraph 1, part 1, art. 71 of the law on the contract system states that if one participant participates in the auction, then the electronic platform provides access to both the first and second parts of the offer at the same time. Evaluate them and draw up a protocol based on the results of the review. In it, indicate the information that is enshrined in paragraph 3 of part 1 of Art. 71 44-FZ:
- whether or not a single participant meets the requirements of the documentation. If it does not match, indicate the section, paragraph of the documentation that he or his proposal contradicts;
- decision and signature of the members of the commission.
After the committee members sign this document, publish it on the site no later than 3 working days from the day the site provided access to the first and second parts. This is indicated in paragraph 3 of part 1 of Art. 71 of the law on the contract system.
We have collected forms in a table for situations where one participant meets the requirements of the auction documentation and when it contradicts it.
| Corresponds | |
| Does not match |
How to make a decision on the absence of applications
If there are no participants in the auction procedure, then indicate the following wording in the protocol:
At the end of the period specified in the notice for filing applications for participation in the auction in electronic form, no applications were received. In accordance with Part 16 of Art. 66 of the Federal Law of April 05, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the auction in electronic form is declared invalid.
An electronic auction is a rather complicated method of procurement, which provides for the customer to perform a number of successive actions within the period established by Law No. 44-FZ. In the article we will talk about each stage of the electronic auction and the timing.
At the School of Electronic Trading, this is a professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
An electronic auction in Law No. 44-FZ refers to a method for determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.
For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.
1. Placement in the Unified Information System (UIS) of a notice of an electronic auction and documentation.
In order to communicate information about the purchase to an unlimited circle of people, the customer places a notice of the auction in the EIS.
The minimum terms for posting a notice in the EIS are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMTsK). Thus, if the NMCC does not exceed 3 million rubles, a notice must be placed at least 7 days before the deadline for submitting applications for participation in the electronic auction, with the NMCC more than 3 million rubles. - not less than 15 days.
Law No. 44-FZ does not establish a special procedure for calculating terms. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period determined by the period begins on the next day after the calendar date or event that determined its beginning.
A notice of an electronic auction should be placed in such a way that the period between the day of placement of the notice and the day of the deadline for submitting bids is at least 7 (15) calendar days.
The Ministry of Economic Development of Russia adheres to a similar position (letter No. OG-D28-11486 dated August 28, 2015).
Customers should be very careful about the timing of posting a notice of procurement, since a fine of 30,000 rubles may be imposed on an official of the customer for shortening the deadline for submitting bids. (Part 8, Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction may be canceled by order of the control authority.
2. Placement in the EIS of explanations of the provisions of the documentation on the electronic auction.
Clarifications of the documentation must be placed in the EIS within 2 days from the date of receipt of the participant's request from the operator of the electronic platform.
However, if a request is received later than 3 days before the deadline for submission of applications, the customer does not have to respond to such a request. In the event that the last day of the deadline for the receipt of a request by the customer falls on a weekend, the end date of this period is the working day following it (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).
3. Making changes to the notice of an electronic auction or auction documentation.
The customer may decide to amend the notice of purchase, the auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. It is necessary to place the text of changes in the EIS within 1 day from the date of the said decision.
When making changes, you need to make sure that from the date the changes were posted until the deadline for applications, at least 7 days, and at the NMTsK more than 3 million rubles. - at least 15 days. If necessary, the application deadline is extended.
4. Refusal to conduct an electronic auction.
You can cancel the auction no later than 5 days before the closing date for applications. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only in the event of a force majeure event.
5. Consideration of the first parts of applications for participation in the electronic auction.
Not later 1 business day following the deadline for submitting bids for participation in the auction, the operator of the electronic site sends the first parts of the bids to the customer. The auction commission is obliged to check the received applications in order to identify persons admitted to participate in the auction.
The first parts of applications for participation in an electronic auction must be considered within the period specified in the notice and documentation of the auction, which cannot exceed 7 calendar days from the date of the application deadline.
The minutes of consideration of applications must be sent to the operator of the electronic site and posted in the EIS no later than the deadline for consideration of applications.
6. Determination of the winner of the electronic auction.
An electronic auction is held on an electronic platform on the day and time specified in the notice of an electronic auction. The start time of the auction is set by the operator of the electronic site. The day of the electronic auction is the working day following the expiration of 2 days from the date of expiration of the term for consideration of the first parts of applications for participation in such an auction.
After the start of the auction, bids will be submitted 10 minutes. This time is automatically extended after the next proposal of one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another bid (not lower than the last bid for the minimum price of the contract).
7. Consideration of the second parts of applications for participation in the electronic auction.
The second parts of the applications are sent by the operator of the electronic platform to the customer within 1 hour after the protocol of the electronic auction is posted on the electronic site.
It is necessary to consider the second parts of applications for participation in an electronic auction within 3 working days from the date of placement on the electronic site of the protocol of the electronic auction. The protocol of summing up the results of the auction is published in the EIS no later than 1 business day following the date of its signing.
8. Conclusion of a contract with the winner of the electronic auction.
The customer is obliged to place in the UIS a draft contract with the included conditions for its execution, proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the EIS of the protocol for summing up the results of the electronic auction.
If the winner of the electronic auction places a protocol of disagreements in the EIS, the customer is obliged to consider and take into account the comments of the winner (or refuse to take these comments into account) within 3 working days after posting in the EIS (on the electronic platform) the protocol of disagreements.
If the winner sends the protocol of disagreements after 13 days after the protocol of debriefing is posted in the EIS, it is not required to agree on disagreements. In this case, the winner of the electronic auction is recognized as having evaded the conclusion of the contract.
After placing in the UIS (on the electronic platform) the draft contract signed by the winner of the electronic auction, the customer is obliged to sign it if the winner has provided adequate security for the performance of the contract.
It is advisable to check the provided security immediately after the provision of the security by the winner of the electronic auction. If a bank guarantee is presented as security, then the customer must consider it within a period of no more than 3 working days from the date of receipt.
The customer must sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the EIS (on the electronic site) the protocol for summing up the results of the electronic auction.
It is worth considering that if the last day of the deadline for signing the draft contract by the winner is non-working, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter No. D28i-1449 dated June 1, 2015).
If the winner of the electronic auction is recognized as evading the conclusion of the contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date of recognition of the winner of the auction as evaded, as well as no later than 3 working days from the date of conclusion of the contract with the second participant, send information about the winner who evaded the conclusion of the contract.
In order not to get confused in the main terms provided for by Law No. 44-FZ, we suggest that you use the table below:
| No. p / p | Auction stage | Deadlines | Article in the Law No. 44-FZ |
|---|---|---|---|
| Placement of notices and documentation in the EIS | At NMTsK, ≤ 3 million rubles, - not less than 7 days | Part 2 of Article 63 | |
| With NMTsK > 3 million rubles. - not less than 15 days | Part 3 of Article 63 | ||
| 2. | Placement in the EIS of explanations of the provisions of the documentation | During 2 days from the date of receipt of the participant's request | Part 4 of Article 65 |
| 3. | Changes to notice and documentation | Not later than 2 days before the deadline for applications | Part 6 of Article 65 |
| 4. | Cancellation of the auction | Not later than 5 days before the deadline for applications | Part 1 of Article 36 |
| 5. | Consideration of the first parts of applications | No more 7 days from the closing date for applications | Part 2 of Article 67 |
| 6. | Conducting an electronic auction | Business day following the expiration of 2 days from the date of the deadline for consideration of the first parts of applications to participate in the auction | Parts 2, 3 of Article 68 |
| Submission of quotations - 10 minutes(automatically extended after the next offer) | Part 11 of Article 68 | ||
| After regular time for another 10 minutes the participant can improve his price offer | Part 12 of Article 68 | ||
| 7. | Consideration of the second parts of applications | H e more than 3 business days from the date of posting the protocol of the electronic auction | Part 5 of Article 69 |
| 8. | Conclusion of a contract with the winner | The draft contract is posted within 5 days from the date of posting the protocol of summing up the results of the electronic auction | Part 2 of article 70 |
| Consideration of the winner's comments - within 3 working days after the protocol of disagreements is posted in the EIS | Part 5 of article 70 | ||
| Verification of collateral when providing a bank guarantee - no more than 3 business days from the date of receipt | Part 5 of Article 45 | ||
| Signing of the contract by the Customer - within 3 working days from the date of placement in the EIS of the draft contract signed by the winner, but not earlier than 10 days from the date of placement in the UIS of the protocol for summing up the results of the electronic auction | Parts 7, 9 of Article 70 | ||
| The winner is recognized as evader - no later than 10 days the customer sends the draft contract to the second participant | Part 14 of article 70 | ||
| Submission of information for inclusion in the RNP - no later than 3 working days from the date of conclusion of the contract with the second participant | Part 4 of Article 103 |
If, during such an auction, the price of the contract is reduced by twenty-five percent or more of the initial (maximum) price of the contract, the winner of such an auction provides a security for the performance of the contract in accordance with Part 1 of Article 37 of this Federal Law, a security for the performance of the contract or information provided for Part 2 of Article 37 of this Federal Law, as well as the justification of the price of the contract in accordance with Part 9 of Article 37 of this Federal Law when concluding a contract for the supply of goods necessary for normal life support (food, emergency supplies, including emergency specialized medical care, provided in an emergency or urgent form, medicines, fuel). 4.
Deadlines for holding an electronic auction under 44-FZ
Its beginning is the direction of the draft contract. This must be done by the customer, within 5 calendar days from the date of publication of the final protocol. The law does not prohibit sending the project earlier. Read more 7.
Attention
Signing of the contract by the winner of the auction After the draft contract is published, the winner of the auction reviews it. If there are no comments on the content, then it is signed within 5 calendar days from the date of publication.
Info
Otherwise, the winner draws up a protocol of disagreements. The final contract is considered concluded after it is signed by the customer.
However, he cannot do this earlier than 10 days after the publication of the final protocol. Read more All information about the timeframes that are allotted for the implementation of a particular stage and the articles of Federal Law No. 44 that regulate them are presented in the table.
Terms of the electronic auction according to the law No. 44-fz
An electronic auction is one of the most common types of auctions held in accordance with Federal Law No. 44. In order not to miss a profitable contract, it is important to know the time frame for certain actions.
All of them are regulated by various articles of Federal Law No. 44, however, sometimes it is not so easy to find the necessary information. 1. Submission of an application for participation in an auction The period during which an application for participation in an auction is submitted is established by the customer or the authorized body.
However, at the same time, the rights of potential participants should not be infringed, because in order to assess their capabilities and prepare an application in a quality manner, time is needed. The law establishes the minimum period during which the documentation and notice must "hang" on the site. For auctions with an initial price not exceeding 3 million rubles, this is 7 calendar days.
44-FZ Support/Auction Time Calculator
Justification for the conclusion: The results of the electronic auction are summed up based on the results of consideration of the second parts of applications for participation in the electronic auction in accordance with the procedure set forth in Art. 69 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ). Part 8 of this article provides that the results of consideration of applications for participation in an electronic auction are recorded in the protocol of summing up the results of such an auction, which is signed by all members of the auction commission participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, they are placed by the customer on the electronic platform and in the unified information system (hereinafter - UIS), and before its commissioning - on the official website of the Russian Federation www.zakupki.gov.ru (part
Article 70. Conclusion of a contract based on the results of an electronic auction
And for "large" auctions with an initial price of more than 3 million - 15 calendar days. The maximum period is not established by law and is determined solely by the customer at his discretion.
By the way, the minimum set time for a potential participant is enough not only to draw up and submit an application, but also, if necessary, to pass accreditation at a particular site. Read more 2. Submission of a request for clarification of the auction documentation Potential auction participants often have questions about certain items of the documentation. In this case, do not rush with the application - it is better to send a request and get clarifications from the customer. This can be done no later than 3 calendar days before the deadline for accepting applications.
The answer must be published by the customer no later than 2 calendar days after receiving the question. Read more 3.
Stage of the procurement procedure Scheduled terms Reason Publication of documentation, as well as notices for study by participants When the NMTsK is less than 3 million rubles, a notice must be posted no later than a week before the deadline for submitting proposals. If the NMCC is more than 3 million, then this period is increased to 15 days. Article 63 parts 2 and 3 Submission by potential suppliers of requests for clarification of certain points of documentation At least three days before the deadline for accepting applications Article 65 part 4 Providing clarifications to suppliers in accordance with their requests The answer must be posted within two days from the receipt of the request Article 65 part 4 Correction auction documentation Maximum 2 days before the deadline for submission of proposals.
It is no more than 7 days after the deadline for submission. During this period, applications that do not meet the requirements specified in the documentation are screened out.
During the same period, the protocol for the consideration of the first parts of the application is sent to the ETP operator, where the purchases take place, and the data is posted in the EIS. 7. Then comes the deadline for holding an auction under 44-FZ, this is the third business day after the end date for consideration of the first parts of applications.
The exact time of the event is set by the ETP operator. 8. Then it is necessary to announce the minutes of the auction. This information is posted on the electronic procurement site within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP. 9.
Deadline for placement of auction results 44 ap
Federal Law No. 396-FZ of December 28, 2013) (see the text in the previous edition) 15. A participant in an electronic auction, recognized as the winner of such an auction in accordance with part 14 of this article, has the right to sign a contract and transfer it to the customer in the manner and within the time limits which are provided for in paragraph 3 of this article, or refuse to conclude a contract.
Simultaneously with the signed copy of the contract, the winner of such an auction is obliged to provide security for the performance of the contract, and in the case provided for by Part 23 of Article 68 of this Federal Law, he is also obliged to deposit cash funds in the amount of the price offered by this winner for the right to conclude a contract.
Deadlines for posting the minutes of summing up the results of the auction under 44 fz
If this winner evaded the conclusion of the contract, such an auction is declared invalid. 16. If there are judicial acts adopted by a court or an arbitration court, or if force majeure circumstances arise that prevent one of the parties from signing the contract within the time limits established by this article, this party is obliged to notify the other party of the existence of these judicial acts or these circumstances within one day.
At the same time, the period established by this article shall be suspended for the period of execution of these judicial acts or the period of validity of these circumstances, but not more than thirty days.
The winner of an electronic auction is recognized as evading the conclusion of a contract if, within the time limits provided for in this article, he did not send to the customer a draft contract signed by a person entitled to act on behalf of the winner of such an auction, or sent a protocol of disagreements provided for in part 4 of this article, expiration of thirteen days from the date of posting in the unified information system of the protocol specified in Part 8 of Article 69 of this Federal Law, or failed to comply with the requirements provided for in Article 37 of this Federal Law (in the event of a decrease in the price of the contract during such an auction by twenty-five percent or more from initial (maximum) contract price). 14.
Under term of the electronic auction according to 44-FZ, they imply a period of time allotted for each stage of the procurement. Let us consider in more detail how many stages there are in total and in what terms, according to the law, they must pass.
Terms of the auction for 44 fz in the table
If NMCC less than and equal to 300 million rubles(and in the case of works on construction, reconstruction, overhaul of capital construction facilities is less than or equal to 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 19 days.
If NMCC more than 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction projects more than 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 26 days.
Deadlines for filing applications for an electronic auction under 44-FZ
1. The very first step in organizing an electronic auction is the placement of a notice of its holding and tender documentation. The deadline for submitting applications for an electronic auction varies depending on the amount of the NMTsK: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, overhaul of capital construction projects exceeds 2 billion rubles), then the notice must be posted in 15 days(or more) before the closing date for applications. If the amount of the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days(or more).
2. There are times when it is necessary to make changes to the notice itself or the documentation. To do this, the following deadlines are provided for in electronic auctions under 44-FZ: no later than 2 days before the deadline for applications.
And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days and up to 7 days respectively.
3. If the customer decides to refuse to hold the auction, he can do so no later than 5 days before the end of applications.
4. The participant can send a request for clarification of the auction documentation, but not later than 3 days before the end of applications. The customer is obliged to publish the answer within 2 days from the date of receipt of this request.
5. A participant in an electronic auction may change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, in case of its compliance, the participant will be admitted to the auction, but he has the right not to submit price proposals.
6. The next stage is the consideration of the first parts of the applications submitted by the participants. He makes up 1 business day after the deadline for submission, if the contract price is less than or equal to 300,000,000 rubles. (in the case of construction work, 2 billion rubles or less).
In all other cases, the term for consideration of the first parts of applications is 3 business days. During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are screened out.
At the same time, the protocol for the consideration of the first parts of the application is sent to the ETP operator, on which the purchases take place, and the data is posted in the EIS.
However, if the documentation contains project documentation, then the deadline for filing applications is also the deadline for considering the first parts of applications. In other words, if a participant has submitted an application for participation in such an auction, it is automatically considered accepted.
7. Then comes the deadline for the auction under 44-FZ, is the business day following the expiration date of the first installments.
For example, if applications were considered on Friday, then the electronic auction will be on Monday, because after Friday, the next business day is Monday.
If project documentation is attached as part of the documentation, then the auction takes place 4 hours after the end of the submission of applications.
8. After that, it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the completion of the last phase of the auction, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP.
9. Consideration of 2 parts of the application must take place on time no more than 3 working days, from the moment of posting the protocol on holding an electronic auction on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.
10. Within 5 calendar days, from the date of placement of the final protocol, in which the winner is determined, the customer in the personal account of the winner sends him a draft contract.
Deadlines for signing a contract under 44-FZ in an electronic auction
11. Within 5 calendar days after receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document on the enforcement of the contract, or send the protocol of disagreements to the customer.
12. If a protocol of disagreements was sent, then the customer is given 3 days for its study and publication of a modified version of the contract. If the contract will be placed without changes, then the customer must justify the refusal of the proposed changes by the participant.
13. Over the next 3 working days, after the publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document confirming the performance of the contract.
14. The customer must sign the contract within 3 working days after the winner does. From this moment the contract is considered concluded.
Please note that the contract cannot be concluded earlier than 10 days from the date of determining the winner, those. placement of the final protocol.
15. In the event that the participant’s application was rejected under the first / second part or violations were detected on the part of the customer or the operator of the electronic site during the auction, the participant has 5 days from the date of the final protocol(i.e. from the moment the winner is determined) to file a complaint with the FAS.
You can learn about all the terms of the electronic auction and its features in our training course "Government Order". RusTender employees have specially collected all the necessary information, supported by their own participation experience, thanks to which you will be able to successfully participate in public procurement and receive contracts.
These are the main stages and terms of the auction under 44-FZ, which is held in electronic form on the ETP of federal operators. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the norms of the legislation of the Russian Federation.
These are the main stages and terms of the electronic auction under 44-FZ, reflected in a tabular schematic form. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the articles on our website and subscribe to our news!
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