NP interregional organization of arbitration managers. Self-regulatory organizations of arbitration managers

After confirmation of accreditation, you must open a special bank account. Funds are transferred to it to secure the auction application.

The amount of security for each auction is set by the customer in the range from 0.5% to 5% of the initial contract price. In case of winning and cancellation of the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.

If you do not win, the security will be returned within 5 business days. If you win, the application security will also be returned, but after the contract security has been deposited and it has been signed.

Step 5. Submitting an application for the auction

An application for an auction can be submitted if funds to secure it have been credited to your personal account.

• An electronic auction on the site is searched by registration number
• Application forms are filled out in your personal account, documents are uploaded
• Each file and final application form is signed with an electronic signature

After submission, each application is assigned a serial number. On some sites it corresponds to the number of applications submitted, and you can use it to determine how many participants there are. If there are any doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.

Step 6. Review of the first parts of applications

The customer's auction commission reviews the first parts of applications within 7 days and makes a decision: to admit to electronic trading or to reject. The name of the company in the first part is kept secret until the second parts are considered.

Based on the results of consideration, a protocol with application numbers and a decision on admission is published on the site. The names of the companies remain hidden.

Step 7. Participation in the electronic auction

If you are admitted to the bidding procedure, it is important not to miss the time of the electronic auction. Usually this is the third working day after the publication of the admission protocol.

There may be confusion with time zones. The auction can take place early in the morning or at night and last for hours. You need reliable Internet and a backup channel, an uninterruptible power supply or laptop (and charger!), checking the functionality of the digital signature.

There are many more overlaps than you can imagine.

How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit a proposal – 10 minutes. After each new bet, 10 minutes are counted anew.

You always have 10 minutes to decide on a new bet.

You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed since the last bid, the main auction ends. The first place is taken by the offer with the minimum price. But that is not all.

The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.

You have 10 minutes for this. If the bid of the auction winner for the second parts is rejected, the contract will be signed with the next participant in line. Additional submission in an electronic auction is an important step that increases the likelihood of winning.

1. Only participants accredited in accordance with this paragraph and admitted to participate in such an auction may participate in an electronic auction.

2. An electronic auction is held on an electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an auction is set by the operator of the electronic platform in accordance with the time of the time zone in which the customer is located.

3. The day of an electronic auction is the working day following the expiration of two days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction.

4. An electronic auction is conducted by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner established by this article.

5. If the documentation for an electronic auction indicates the total initial (maximum) price of spare parts for machinery, equipment, or in the case provided for in paragraph 2 of Article 42 of this Federal Law, the initial (maximum) price of a unit of goods, work or service, such an auction is held by reduction of the specified total initial (maximum) price and initial (maximum) price in the manner established by this article.

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.

7. When conducting an electronic auction, its participants submit proposals for the contract price, providing for a reduction in the current minimum proposal for the contract price by an amount within the “auction step”.

8. When conducting an electronic auction, any participant also has the right to submit a proposal for the contract price regardless of the “auction step”, subject to compliance with the requirements provided for in Part 9 of this article.

9. When conducting an electronic auction, its participants submit proposals for the contract price, taking into account the following requirements:

1) a participant in such an auction does not have the right to submit a contract price proposal that is equal to or greater than the contract price proposal previously submitted by this participant, as well as a contract price proposal equal to zero;

2) a participant in such an auction does not have the right to submit a contract price proposal that is lower than the current minimum contract price proposal, reduced within the “auction step”;

3) a participant in such an auction does not have the right to submit a proposal for a contract price that is lower than the current minimum proposal for a contract price if it is submitted by such a participant in an electronic auction.

10. From the start of the electronic auction on the electronic platform until the expiration of the deadline for submitting proposals for the contract price, all proposals for the contract price and the time of their receipt, as well as the time remaining before the expiration of the deadline for submitting proposals for the contract price, must be indicated in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction is automatically completed with the help of software and hardware that ensures its conduct.

12. Within ten minutes from the moment of completion of the electronic auction in accordance with Part 11 of this article, any participant has the right to submit a proposal for the contract price, which is not lower than the last proposal for the minimum contract price, regardless of the “auction step”, taking into account the requirements, provided for in paragraphs 1 and 3 of part 9 of this article.

13. The operator of the electronic site is obliged to ensure the confidentiality of information about its participants when conducting an electronic auction.

14. During an electronic auction, the operator of the electronic site is obliged to reject proposals for the contract price that do not meet the requirements provided for in this article.

15. Rejection by the operator of the electronic platform of proposals for the contract price on grounds not provided for in Part 14 of this article is not allowed.

16. If a participant in an electronic auction offers a contract price equal to the price offered by another participant in such an auction, the proposal for the contract price received earlier is recognized as the best.

17. In the event of an electronic auction being held in accordance with Part 5 of this article, its participant who offered the lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) technical services maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such an auction. This protocol indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, the initial (maximum) contract price, all minimum proposals for the contract price made by participants in such an auction and ranked in descending order, indicating the serial numbers assigned to applications for participation in such auction, which are submitted by its participants who have made appropriate proposals for the contract price, and indicating the time of receipt of these proposals.

19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in in accordance with part 18 of this article, the first ten serial numbers were received, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as the documents of these participants provided for in paragraphs 2 - and 8 of Part 2 of Article 61 of this Federal Law and contained on the date and time of the deadline for filing applications for participation in such an auction in the register of its participants who have received accreditation on the electronic platform. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

20. If within ten minutes after the start of the electronic auction, none of its participants submitted a proposal for the contract price in accordance with Part 7 of this article, such an auction is considered invalid. Within thirty minutes after the end of the specified time, the operator of the electronic platform places on it a protocol declaring such an auction invalid, which indicates the address of the electronic platform, the date, time of the beginning and end of such an auction, and the initial (maximum) price of the contract.

21. Any participant in an electronic auction, after posting the protocol specified in Part 18 of this article on the electronic platform and in the unified information system, has the right to send to the operator of the electronic platform a request for clarification of the results of such an auction. The operator of the electronic platform is obliged to provide this participant with appropriate explanations within two working days from the date of receipt of this request.

22. The operator of the electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the functioning of the software and hardware used to conduct it, equal access of its participants to participate in it, as well as the implementation of the actions provided for in this article, regardless of the end time of such an auction.

23. If, during an electronic auction, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is held by increasing the contract price based on the provisions of this Federal Law on the procedure for conducting such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision on approval or on the completion of transactions on behalf of the procurement participant as a result of such an auction, which is contained in the register of participants in such an auction who have received accreditation on electronic site;

3) the amount of contract performance security is calculated based on the initial (maximum) contract price specified in the notice of such an auction.

Auction types

The customer needs to decide on the type of auction already at the stage of including the procedure in the regulations.

Let's consider two types of auctions.

First type of auction- simple or basic. This is an auction with bidding held after consideration of bids. In this situation, participants submit applications, the composition of which is determined by the customer in the documentation.

After the deadline for accepting applications, the customer reviews the applications of the participants. The customer has advance access to all the information that he requested from the participants: both a description of the subject of procurement (product, work, service) and information about the participant (constituent documents, etc.). Next comes the process of reviewing all applications by the customer. After consideration, the customer decides whether to admit all participants to the auction. The customer publishes a protocol based on the results of consideration of applications. How many protocols there will be and which protocols will be published by the customer are also specified in the procurement regulations. In the protocol based on the results of consideration of applications, the customer can indicate who was rejected and for what reason.

On the appointed day, admitted participants take part directly in the auction.

Bidding is the last stage of such an auction.

The winner is the participant who offered the lowest contract price (or the highest if the auction crossed zero and went up).

223-FZ has a definition of an auction, which states that the auction can decrease to zero and then go up again. This point should also be provided for in the procurement regulations.

An analogue of this auction can be the auction that was held under Article 41 of the 94th Law. If the customer is just starting to work under 223-FZ, then it probably makes sense to choose this particular auction due to its simplicity.

More complex auction, but more transparent and effective, another type of auction is considered, in which participants submit an application in 2 parts. Auction with bidding after consideration of the first parts of applications. This is an analogue of an auction, which is currently held in accordance with Law 94 (Chapter 3.1).

Participants submit applications in two parts, the composition of each of which is determined by the customer in the documentation. Participants submit applications simultaneously in two parts, but two parts of the application are opened to the customer sequentially - first the first part, then the second. Such an auction can only be conducted electronically, since it is the electronic platform that can guarantee the anonymity of the participants to the customer.

After the end of accepting applications, the customer reviews the first parts of the participants’ applications (usually they contain technical characteristics of the subject of purchase, and do not contain information about the participants). The customer has the opportunity to impersonally assess whether such an item of purchase is satisfactory. Based on the assessment of the subject of procurement in the proposed applications, the customer allows or rejects certain participants.

On the appointed day, admitted participants take part directly in the auction. Participants in the auction participate under numbers, their names are hidden. Based on the results of the auction, participants are lined up in order from the lowest price offered (winner), and await consideration of the second parts of applications.

After this, the customer considers second parts of applications(usually they contain information about the participants - constituent documents, certificates, licenses, etc.)

The customer also has the right to reject some participants in the second part of the application.

The winner is the participant admitted based on the results of consideration of the second parts of the applications and who offered the lowest contract price (or the highest if the auction went through zero and went up).

Auction step

The auction step is also specified in the procurement regulations and then indicated in the documentation:

1. Fixed. Examples: 1000 rubles, 5% of the NMC (initial minimum price).
2. Floating. Example: from 0.5% to 5% of NMC. The most popular and proven step. The customer limits the price range in which participants can make their offers by percentage or fixed amounts.
3. With a decrease in step in the absence of offers. Example: 5% step, if participants did not place a bet, the step is reduced by 0.5%. The most popular in paper auctions is non-electronic. The regulation should have a procedure that describes what actions are provided in the event of no bids.
4. An arbitrary number (not recommended; participants can reduce the price by 1 kopeck and delay the auction).

Auction time

The auction time is also specified by the customer in the procurement regulations and documentation.

1. Fixed start and end times of trading (for example, from 9:00 to 13:00) Not recommended.
2. Bidding with an extension from the last bid (for example, the start time of the auction is indicated at 9:00 and the auction time is extended by 30 minutes from the moment the last bid was submitted. Moreover, if no one makes a bid within 30 minutes, the auction is declared completed).

The Procurement Regulations must indicate the definition of an auction, in which cases the customer uses such a form of procurement as an auction, whether this form of procurement is a priority, with some exceptions, etc. It is also necessary to indicate in what form the auction can be held: regular/paper, electronic, or both, and indicate the conditions for the use of one or another form.

Determination of the method and form of procurement

Algorithm for choosing a procurement method:

1. Determine whether it is possible to purchase from a single supplier. If not, then:
2. Determine OKDP.
3. Check the presence of OKDP in 616 - PP (determine the form).
4. Determine the method according to the situation.

Open and closed auction

Information on the open procurement procedure is published on the official website, on the bidding platform (if it is electronic) and any companies that have seen it can apply for participation.

If the procurement information is not subject to publication on the official website 1 or may not be published on the official website 2, the customer has the right to hold a closed auction.

In this case, the auction is not included in the procurement plan, the documentation is not published on the Environmental Protection Agency, and the participants are specially invited persons.

In all other cases, the auction must be open.

1 Procurement information is not subject to publication on the Environmental Protection Agency:

• constituting a state secret, provided that such information is contained in the procurement notice, documentation or draft contract;
• information about procurements for which a decision was made by the Government of the Russian Federation in accordance with Part 16 of Art. 4 223-FZ.

2 The customer has the right not to publish information about purchases, the cost of which does not exceed 100/500 thousand rubles. (depending on the customer’s revenue volume: over 5 billion rubles - price threshold - 500 thousand rubles, less than 5 billion rubles - 100 thousand rubles).

Inclusion in the procurement plan

Even if the customer starts working under 223-FZ next year, the procurement plan must be published before December 31, 2013. This norm is contained in Government Decree No. 908

We include the auction in the plan for the year in which the notice of the auction will be published. Example, the notice will be published in December. Moreover, the procedure itself will begin in December, end in January, the contract will be concluded in February, and the execution of the contract is scheduled for April. In this case, the date of publication of the notice is December, so we include the auction in the plan for December. Subsequently, based on the results of the auction, the report is published according to the date of conclusion of the contract, for example in February. The customer reports on the date of conclusion of the contract, and not on the date of execution of the contract.

The form of the procurement plan can be found in Government Decree No. 932 dated September 17, 2012 “On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan.” Excerpt from this resolution:

“Clause 8. The procurement plan can be adjusted, including in the case of:

1. changes in the need for goods (works, services), including the timing of their acquisition, the method of procurement and the deadline for the execution of the contract;
2. a change of more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to carry out the purchase in accordance with the planned amount of funds provided for in the purchase plan;
3. in other cases established by the procurement regulations and other customer documents.

9. If the procurement of goods (works, services) is carried out through a competition or auction, changes to the procurement plan are made on time no later than placement on the official website of the Russian Federation on the Internet information and telecommunications network to post information about placing orders for the supply of goods, performance of work, provision of services, procurement notices, procurement documentation or changes made to them.”

Other cases of plan adjustments must be established in the documents:

• planning order,
• planning regulations,
• other document.

The following cases need to be considered:

• cancellation of purchase,
• savings based on procurement results,
• the occurrence of unforeseen circumstances,
• the emergence of production needs,
• issuance of an order to the customer by a body authorized to exercise control,
• other cases.

If the plan is adjusted, 2 documents must be posted:

• Procurement plan in the new edition (clause 6 of PP No. 908).
• A document containing a list of changes to the plan (clause 5 of PP No. 908).

Be sure to include in the following position:

• if competitive procurement does not take place and the contract is concluded with a single supplier, then the procurement plan is not adjusted.

Documentation development

Based on clause 10. Part 10. Article 4 of Law 223-FZ in the documentation defines the procedure for providing explanations of the provisions of the documentation.

Typically the documentation consists of several parts:

• General part (same for all purchases).
• Information card.
• Technical specifications (TS).
• Draft contracts for each lot.
• Forms to be completed by the participant.

Providing documentation

• According to clause 6, part 9, article 4, the procedure for providing auction documentation is determined in the notice of the auction.
• The customer has the right to establish that a fee is charged for providing paper documentation.
• In this case, it is necessary to determine in the documentation the amount, timing and procedure for making such a fee.
• It is necessary to indicate that the documentation is provided in Russian.

Requirements for the procurement notice in accordance with Part 9 of Article 4 of Law No. 223-FZ

Advantages of electronic procurement

• Compliance with the general policy of the state.
• Compliance with the requirements of Government Decree No. 616.
• Fulfillment of the requirements of the Roadmap for the NSR.
• Save time.
• Qualified contractors.
• A convenient tool for purchasing - everything is in the hands of the CUSTOMER.
• Budget savings.

ETP according to Law No. 223-FZ

Site tariffs

• One-time license: 5,000 rubles.
• Three months: 14,000 rubles.
• Six months: 28,000 rubles.
• Twelve months : 55,500 rubles.

Conducting online negotiations and web conferences via ETP

• Planning and agreeing on the time of a virtual meeting.
• Invitation of participants.
• Video and audio conferences, chat.
• Possibility of exchanging documents.
• "Virtual board".
• Desktop division.
• Video recording, logging of completed contracts.

Acceptance of applications in electronic form

When conducting an auction in electronic form using an ETP, the customer does not need to independently receive and register bids from participants - these actions are carried out by the ETP operator.

Part 2 of Article 3 of Law No. 223-FZ defines the minimum period for accepting applications for the auction

A notice of a competition or auction is placed in accordance with Part 5, Article 4 of Law No. 223-FZ no less than twenty days before the deadline for submitting applications for participation in the competition or auction.

Calculation of deadlines

Article 191 of the Civil Code of the Russian FederationThe beginning of a period defined by a period of time.

The course of a period defined by a period of time begins the day after the calendar date or occurrence of the event that determines its beginning.

Article 193 of the Civil Code of the Russian Federation The deadline ends on a non-working day.

If the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it.

Article 194 of the Civil Code of the Russian Federation The procedure for performing actions on the last day of the term.

1. If a deadline is set for the performance of any action, it can be performed until twenty-four hours of the last day of the deadline.
   However, if this action must be performed in an organization, then the period expires at the hour when the corresponding operations in this organization, according to established rules, cease.
2. Written statements and notices submitted to the communications organization before twenty-four hours of the last day of the deadline are considered made on time.

FOR EXAMPLE:

The deadline for posting a notice of the competition (auction) is April 1, 2013. (Monday).

The notice is posted at least 20 days before the closing date for applications.

Thus, the 1st day of a 20-day period is April 2, the 20th day is April 21 (Sunday).

But, if the expiration of the period falls on a non-working day, the expiration date of the period is considered to be the next working day following it.

Therefore, the application deadline cannot be earlier than April 22nd.

Amendments to the notice and documentation (Part 11, Article 4 of Law No. 223-FZ)

Changes are posted on the OOS within 3 days from the date of their adoption.

If, during bidding, changes are made by the customer later than 15 days before the deadline for submitting applications, the deadline for submitting applications must be extended so that from the date the changes are posted on the environmental assessment system until the deadline for submitting applications for participation in the procurement, such period is at least 15 days .

Auction participants in accordance with Part 5.Article 3 of Law No. 223-FZ:

Any procurement participant can be entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant who meet the requirements established by the customer in accordance with the procurement regulations.

Opening access to applications

When conducting a competition not in electronic form, this procedure is usually called “Opening envelopes with participants’ applications.” Details of this stage should be specified in the Procurement Regulations.

In an electronic competition, the correct name for this stage is “Opening access to applications.”

After opening access, it is recommended to draw up and publish on the official website a protocol for opening access, which indicates the number of applications received, the names of participants, the proposed price and other indicators that are evaluation criteria.

Review of applications

At the application review stage, the customer may send a request for additional documents to participants who provided illegible or incomplete information as part of the application. Requests for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

Winner selection steps

Selection criteria

Auction winner

According to paragraph 4 of Art. 447 Civil Code of the Russian Federation:

The winner of the auction is the person who offers the highest price.

According to Part 2 of Art. 3 of Law No. 223-FZ:

The winning bidder at the competition is the person who offered the best terms for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications that are established in the tender documentation on the basis of the procurement regulations; at the auction - the person who offered the lowest contract price or, if during the auction, the price of the contract is reduced to zero and the auction is held for the right to conclude a contract, the highest price of the contract.

Refusal to hold an auction

According to Art. 448 of the Civil Code of the Russian Federation if otherwise not provided for by law or in the notice of trading, the organizer of an open auction has the right to refuse to hold a tender no later than 30 days (3 days from the auction) before the date of its holding.

Law No. 223-FZ does not provide for such a provision; the customer can provide this in the notice.

If the organizer of an open auction refuses to hold it in violation of the specified deadlines, he is obliged to compensate the participants for the actual damage they suffered.

It is recommended to include the following wording in the Procurement Regulations and the notice: “The customer has the right to refuse to hold the auction at any time before choosing the auction winner. A notice of refusal to hold an auction is posted by the customer on the official website no later than the day following the day the decision to refuse to hold an auction is made.”

Rebidding

Rebidding can only be carried out if such a possibility is specified in the Procurement Regulations and the procedure for its implementation is prescribed. It is also necessary to indicate in the documentation the possibility of rebidding.

Rebidding can be a fight for first or second place. In government procurement, it completes the electronic auction.

Participation in the auction is voluntary.

There can be two forms of rebidding: full-time - online bidding, absentee - submission of proposals.

What should the final protocol contain?

Part 5 Article 4 of Law No. 223-FZ:

...In the event that during the conclusion and execution of a contract the volume, price of purchased goods, works, services or terms of contract execution compared to those indicated in the protocol drawn up based on the results of the purchase...

Conclusion of an agreement

Based on the results of the auction procedure, the customer is obliged to conclude an agreement with the winner.

According to Art. 448 Civil Code of the Russian Federation If the customer evades signing the contract, the supplier has the right to go to court with a claim to compel him to conclude the contract, as well as compensation for losses caused by evasion from concluding it.

According to Art. 448 Civil Code of the Russian Federation If the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than 20 days or other specified in the notice period after completion of the auction and execution of the protocol.

Agreement

Who signs the contract first? The procedure for signing the contract must be defined in the procurement regulations.

The agreement can be concluded either electronically or in paper form.

Is it possible to conclude an agreement with the person who takes “second place”? This is possible if the winner avoided concluding a contract, and the procurement regulations provide for the possibility of concluding a contract with the participant who took second place.

Is it possible to change the contract upon conclusion? During execution? You can change which direction - it must be provided in the position.

Monthly report

All purchases from one penny are included in the report.

Part 19 Art. 4 of Law 223-FZ

If the auction procedure has taken place and more than two applications have been accepted, then the customer includes information about the auction in the first line of the monthly report. The first line includes both the second and third lines + competitive procurement.

If the auction did not take place, 0 applications were submitted and the customer, based on its results, enters into an agreement with a single supplier, then information about this is entered in the second line of the monthly report.

If there is only one accepted bid in the auction and the customer enters into an agreement with this supplier, then we still enter it in the second line of the report, since the competitive procedure did not take place and this is a purchase from a single supplier.

RNP (Register of Unscrupulous Suppliers)

If the winner of the competition or another person obligated to conclude an agreement avoids concluding the agreement, the customer is obliged to send information about such participant to the authorized body for inclusion in the register of unscrupulous suppliers in accordance with Decree of the Government of the Russian Federation dated November 22, 2012 No. 1211 “On maintaining a register of unscrupulous suppliers provided for by the Federal Law “On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities.”

Questions from listeners

Question: How many days before auction details should I make changes to the plan?

Answer: Deadlines are not regulated. The customer may indicate the deadlines in the regulations, may publish the plan and at the same time publish a notice.

Question: What document should be used to approve changes to the plan?
Answer: Protocol, order or other documents containing a list of changes to the plan. The customer installs this independently.

Question: What to do if the customer included a purchase in the auction plan, and then changed his mind about carrying out it?
Answer: Changes need to be made to the plan.

Question: Does the customer place a procurement plan for audit on the Environmental Protection Agency in accordance with 223-FZ? 400,000 rubles are planned, is the plan for this purchase placed as part of the general plan or separately on another OOS tab?

Answer: If this is a mandatory audit purchased by open competition under Law No. 94-FZ, then it is not included in the procurement plan (exception from the scope of Law No. 223-FZ). Carrying out an initiative audit procurement in the manner prescribed by Law No. 223-FZ is included in the plan, in the report, a notice is published, everything is in the general order.

Question: For the purchase of medicines, the customer places a plan for three years, and for what period for the rest (gas, electricity, office supplies)?

Answer: For everything except medicines and innovative high-tech products, the procurement plan is published for a period of one year.

Question: If the regulations provide for prequalification of a supplier, can the customer, based on the selection results, hold a closed auction among selected suppliers for the right to conclude a contract?

Answer: If the customer makes a prequalification selection, then it must be open and information about it must be published on the OOS. Based on its results, only selected participants can be invited, but the auction cannot be made completely closed. Information about the auction is published on the OOS, but it is possible to indicate in the documentation that applications are accepted only from participants who have passed pre-qualification.

Question: Who can help with standard documentation?

Answer: Standard documentation forms are not provided anywhere. Its examples can be viewed at the environmental protection system, or developed independently, or purchased from specialized organizations.

Question: If medicines are purchased monthly for an amount of up to 15,000 rubles, is it necessary to make a plan?

Answer: Government Decree No. 932 states that the customer may not include in the procurement plan the cost of which does not exceed 100,000/500,000 rubles.

Question: At the beginning of the year, the customer enters into a contract with the printing house (to print a weekly newspaper) for a year for a total amount of approximately 1,500,000 rubles. And during the year he pays the printing house bills for about 30,000 rubles 4 times a month upon completion of work. What is the best way to purchase this service in accordance with 223-FZ and should it be included in the procurement plan?

Answer: When concluding an agreement for 1,500,000 rubles at the beginning of the year, it is necessary to include it in the plan. The customer independently regulates how to purchase printing services in its procurement regulations.

Question: From what amount does the “one purchase - one contract” scheme apply?

Answer: One purchase - one contract, if the customer does not have a contract, then this is one transaction by check, by waybill, by invoice.

Question: We purchased paper for 50,000 rubles - should we also purchase it electronically?

Answer: If the regulation says that the customer can purchase goods from a single supplier whose cost does not exceed 100,000 rubles, then in accordance with PP No. 616, paper can be purchased in non-electronic form. But at the same time, it is also necessary to take into account the total volume of procurement and how many competitive procedures are carried out.

Question: If the share of state property is less than 50%, is Law No. 223-FZ valid?

Answer: Law No. 223-FZ is valid if the customer carries out a regulated type of activity or is a natural monopoly.

Question: Why should a refusal to hold a tender be included in the notice and not in the documentation?

Answer: This is a requirement of the Civil Code of the Russian Federation.

Question: Can the customer not specify rebidding in the regulations, but indicate it in the documentation?

Answer: Documentation should not be extensive, i.e. there is no need to include in the documentation those norms that are not specified in the Regulations. It is not enough to indicate rebidding only in the documentation.

Question: Law No. 223-FZ defines a list of points for notification and there is no term of imprisonment or procedure for refusal. It turns out that the customer must additionally place another part of the notice and write everything down there?

Answer: Law No. 223-FZ does not indicate that this is an exhaustive list that the notice must contain. The customer can supplement it at his own discretion. You can also supplement it with a disclaimer and publish it on the website.

Question: What documentation should be placed on the OOS if the purchase was made using a sales receipt, for example, for the amount of 50 rubles, or a plumbing spare part was purchased?

Answer: Documentation for purchases up to 100,000/500,000 rubles does not have to be posted on the Environmental Protection Agency. There is no need to publish a notice, it does not need to be included in the plan. Included in the report only once.

Question: Are reports generated automatically on OTS?

Answer: On OTS, reports are generated automatically for those purchases that are indicated on the site.

Question: Bidding is ongoing. The auction did not take place. In the 1st case, 1 application was submitted, an agreement was concluded with this participant. In the 2nd case, there were no applications; an agreement was concluded with a single supplier. What procurement method to choose? When the customer will reflect the purchase in a monthly report for each case, is it necessary to make changes to the procurement plan?

Answer: If the Regulations stipulate that based on the results of a failed competitive procurement of any method, an agreement is concluded with a single supplier, then no changes are made to the plan.

Question: Is the auction held for any amount?

Answer: The customer has the right to hold an auction for any amount and when it is held is determined in the Procurement Regulations.

Question: Why do representatives of antimonopoly services require the placement of a separate “Notice” file?

Answer: In clause 21, part 4 of Government Decree No. 908 of September 10, 2012. It is indicated that the customer’s representative, using the functionality of the official website, generates a procurement notice, which includes the information provided for in clause 9, part 1.

Question: If the contract for the supply of goods was concluded on December 30, 2013, is it necessary to include it in the procurement plan (since Law No. 223-FZ comes into force on January 1, 2014)

Answer: No, it is not necessary if all essential terms are agreed upon in the contract.

Question: Is the PDF format in the documentation legal?

Answer: If a PDF is not copy-protected, but allows you to search it and copy fragments, then it is legal for use in documentation.

Question: If the purchase has been completed, but the contract has not yet been concluded, is it possible to change the commission’s decision to conclude a contract, since the commission incorrectly reviewed the applications?

Answer: If the commission made a mistake in the protocol, the customer can publish another protocol, in which it will cancel the previous protocol and publish the correct decisions.

Question: An LLC organization (there is no share of the Russian Federation in the authorized capital of the company) won an auction for trust management or lease of boiler house networks and other infrastructure from the local administration, i.e. own and use municipal property. Should such an organization be guided by Law No. 223-FZ?

Answer: If the organization is an LLC and it does not have a share in the authorized capital of the Russian Federation, it is not engaged in a regulated type of activity and is not a natural monopoly, then it should not be guided by Law No. 223-FZ.

Question: The customer begins to work according to Law No. 223-FZ in 2014. For some purchases it is necessary to carry out competitive procedures (for example, for fuels and lubricants). What to do if there is no time to carry out the procedures, the supply of fuel and lubricants is needed in early January. Tell me which method to choose?

Answer: The contract for the beginning of January 2014 can be concluded now without any procedures. The contract specifies delivery for January, specifies the volume and cost, and such a contract will no longer exist for Law No. 223-FZ. And from January 2014, the customer can begin to conduct competitive procurement.

Question: If the delivered products do not correspond to the description and technical specifications, does the customer have the right to terminate the contract and purchase from a single supplier?

Answer: In this case, the customer is guided by the Civil Code of the Russian Federation, more precisely by the articles on acceptance of goods. You can subsequently terminate the contract for non-conforming deliveries, and the right to purchase from a single supplier must be indicated in the description of the purchase from a single supplier, among other cases of the Procurement Regulations.

Question: Is it possible to change the terms of the contract in an additional agreement, if so, how to do this?

Answer: If it is necessary to change the term of the contract, an additional agreement is concluded with the participant. “Information on changes to the contract” is published on the Environmental Protection Agency in the procurement card.

Question: How many quotes can be made per month, quarter. What law regulates this?

Answer: The law does not regulate the number of quotes per month. This can be determined independently in the Procurement Regulations.

Question: Should the report include purchases under contracts of 2013, concluded not under Law No. 223-FZ, but paid for and received in 2014?

Answer: The report includes purchases by the date of conclusion of the contract or completion of the transaction. If the contracts were concluded in 2013, and the customer plans to work under Law No. 223-FZ from 2014, then these contracts are not included in the report.

Question: If a long-term service agreement was concluded with a supplier before Law No. 223-FZ came into force, does it need to be renegotiated under the new Law?

Answer: If in an agreement concluded before the entry into force of Law No. 223-FZ, all essential conditions were agreed upon, i.e. the total volume, price, quantity, subject of the contract are indicated, then the contract does not need to be re-concluded.

Question: How to report amounts under a contract that is paid monthly?

Answer: Such an agreement is reflected in the report once at the date of conclusion for the entire amount.

Question: What does statutory audit mean, for which institutions is it mandatory and for what period is it carried out?

Answer: Mandatory audit is regulated by Article 5 of Law No. 307-FZ of December 30, 2008.

An agreement to conduct a mandatory audit of the accounting (financial) statements of an organization in the authorized (share) capital of which the share of state ownership is at least 25 percent, as well as to conduct an audit of the accounting (financial) statements of a state corporation, state company, state unitary enterprise or municipal unitary enterprise The enterprise is concluded based on the results of placing an order through bidding in the form of an open competition in the manner prescribed by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

Question: Does Law No. 223-FZ apply to the rental of real estate? Should such agreements be included in the monthly report?

Answer: Rent is subject to Law No. 223-FZ. Rent is included in the monthly report based on the contract date for the entire amount.

Question: In which line of the report should monopolists be entered?

Answer: Include a single supplier in the line if the Regulations provide for monopolists in the case of a single supplier.

Question: Contracts for utility services for 2014 were concluded in December 2013. Which year's plan and which month's report should they be included in?

Answer: The contract is included in the plan according to the date of notification of the purchase. The contract is included in the report according to the date of conclusion of the contract.

Question: If the request for prices is planned to be done electronically, and suppliers send proposals on paper, what to do?

Answer: If the customer has published a request for prices, an auction and indicated in the documentation that applications from participants are accepted in electronic form, through an electronic platform, then in this case the customer has the right to ignore proposals on paper.

Question: The kindergarten customer purchases medicines only for emergency care, should the purchase plan be drawn up quarterly or annually?

Answer: All customers are required to draw up a procurement plan for at least one year. For medicines, the procurement plan is drawn up for three years.

Question: Is there a list of goods for which it is necessary to conduct only auctions under Law No. 223-FZ?

Answer: There is a list of purchases in electronic form, where the customer can conduct an auction, a tender, and a request for prices.

Participation in public procurement auctions still raises many questions, and therefore we have prepared instructions that include five steps. Study it and you will definitely win.

An auction is the most popular type of procedure: with its help, in 2015, government customers carried out 56% of procurements under the Law “On the Contract System...”. Participation in the auction still raises quite a lot of questions, and therefore we have prepared instructions, including 5 steps, which will allow you to win.

Stage 1. Filing an application

You need to prepare in advance!

It is necessary to conduct a preliminary analysis of the customer, calculating the minimum favorable price. Since in an auction you can submit price bids several times (unlike other procedures), it is better to calculate the lower limit in advance.

Individual entrepreneur from Samara Oleg Vitalievich P. participated in an electronic auction for the provision of services for washing, ironing and disinfection of linen for a city hospital. The customer set a minimum price for the provision of services for washing a unit of linen - 58.33 rubles. (the total contract price was just over 400 thousand rubles). And the entrepreneur calculated that washing 1 kg of linen in his laundry would cost an average of 20 rubles. per kg. (140.0 thousand rubles). Thus, Oleg Vitalievich could negotiate no lower than this amount, and the price of the won contract was 140.8 thousand rubles.

If a company only appears in procurements, but does not win them, then this will become additional confirmation of its integrity. However, after winning the government procurement, Oleg Vitalievich contacted representatives of a large state corporation with an offer to be their supplier in the procurement of similar services. He also received a lucrative offer from a large supermarket chain and a serious commercial customer. The entrepreneur provided services for the hospital, which played an important role in signing the contract, since medical institutions have fairly high requirements for such services.

Receive a certificate of electronic digital signature, and also undergo accreditation on the ETP (electronic trading platform) on which the purchase is carried out. Obtaining an EDS certificate is possible in just 24 hours. Accreditation for any of the five ETP of public procurement will take up to five working days:

If you have questions about procurement, requirements for goods and participants, you should definitely contact the customer with your queries. This is done within the electronic trading platform three days before the application deadline.

Application: where and when to submit?

You should study the procurement documentation and notice, then prepare an application for participation in the auction. The application is submitted to the ETP specified in the purchase in electronic form. The deadline for submitting applications is determined by the purchase price:

• with an initial contract price of more than 3 million rubles. you are given at least 20 days (calendar);
• with an initial contract price of no more than 3 million rubles. At least 7 days (calendar) are allotted for submitting applications.

The closing date for accepting applications is indicated in the procurement notice.

It is better to submit an application for participation in the auction during the last two days of accepting applications (during this period of time the customer will not have time to change the documentation). To ensure you don't miss anything important, you need to set up the change tracking feature. For example, this can be done on our service in selected purchases. If the requirements for an already submitted application change, the customer will need to withdraw it and then submit a new one.

Application: form and composition

The auction application form is electronic and consists of two parts. The first part contains the bidder’s agreement to supply the goods on the customer’s terms, specific technical characteristics and specifications. All items should be filled out very carefully, because even a minor mistake often leads to rejection of the application. The first part of the application should not contain information about the price of the product and the supplier. However, if the documents are prepared on company letterhead, then there is no reason for rejection.

As for the second part of the application, it must contain information about the participant, including the name of the company, its postal address, TIN, as well as other documents that are provided for by Law No. 44 “On the Contract System...” (licenses, declarations of conformity, TIN of the founders , SRO certificates, confirmation of the authority of the person submitting the application). The customer has the right to demand all documents established by law.

Both parts are submitted simultaneously from the personal account of the ETP participant, and they are also certified by an electronic signature.

Application: example

Remember to secure your application! Before submitting it for auction, the amount of the application security must be transferred to the ETP account. The customer indicates its specific size in the documentation. The amount will be credited to the account that was opened for the bidder upon his accreditation on the electronic platform within two days (banking and business). The application may be withdrawn before the submission deadline. To do this, you need to send a notification to the ETP operator.

Stage 2. First parts of electronic auction applications: consideration

After collecting applications, their first parts undergo a review procedure by the customer’s commission, based on the results of which a decision is made on the admission or non-admission of bidders to the auction. No more than seven days (calendar) are allotted for consideration of the first parts. The procurement notice contains the exact date for completion of consideration of the first parts of the auction applications.

The supplier will not be allowed to participate in the auction in the following cases:

• failure to provide the information required by the first part of the application;
• when providing false information;
• if the submitted information does not comply with the documentation requirements.

After the first parts of the applications have been reviewed, the customer must draw up a protocol, which is posted in the Unified Information System and on the site. The protocol contains only the participant number. Each participant learns the decision made by the customer from the notification sent by the ETP operator to their personal account.

If a participant is not admitted to the auction, the ETP specialist will release the money that was used to secure the application. The unblocking period is one day (working day) from the moment the protocol was published. If you are accepted, please wait for the auction date.

Stage 3. Participation in an electronic auction

According to Law No. 44 “On the Contract System...”, the customer’s responsibilities include carrying out procedures two days after the deadline for reviewing the first parts has expired. The site operator sets the time from 9 a.m. to 12 p.m. (until 2 p.m. at Sberbank-AST). Information about the start date and time of the auction is indicated in the notice, and it is also contained in the procurement documentation. For this reason, to avoid skipping a procedure, it is worth setting yourself a reminder. The notice on the ETP contains Moscow time, and the notice on the EIS contains the time of the customer’s time zone. Entrance to the auction hall, as well as the submission of price proposals, is permitted only to admitted participants.

The auction is carried out in two stages.

• At the first stage, the winner is determined (duration is 10 minutes or more).
• At the second stage, participants, excluding the winner, can make their price offers more attractive or compete for second place (duration is 10 minutes).

When a price proposal is submitted that improves the contract price, the time for bidding in the first stage is extended. If in the first 10 minutes none of the participants put forward a price offer, then the auction is completed and declared invalid. In such a case, customers review the second parts of applications, and then they determine the winner.

Submitting price proposals: rules

Price proposals can be submitted at any stage. The auction step (or reduction amount) of the initial or minimum current price is 0.5 - 5% of the NMC.
Each participant can submit several price proposals. If the price offer is worse than the current price, the auction step may not be taken into account. The participant does not have the right to submit a price proposal that is equal to or changes his last proposal in a direction that is worse for the customer. The participant does not have the right to bargain with himself (the participant from whom the last best price was received does not have the right to reduce it until the best offers are received from other participants). The participant is not allowed to submit a price proposal that is equal to the NMC or zero. There is a system for checking price offers on the ETP, so if the last three points are violated, you will receive a message that such a price offer is unacceptable. When the price falls below 0.5% of the NMC, participants begin to fight for the right to conclude a contract: it is not the customer who pays for the contract, but the supplier. Each new price offer increases the contract price.

If, during bidding at the first stage, the last best price offer “lasted” 10 minutes, auction trading moves to the second stage, in which participants improve their prices. Then, within half an hour, the protocol of the auction is published, and the information is sent to the EIS. This protocol does not yet contain information about the participants; there is information only about their price offers and numbers.

Stage 4. Second parts of applications: consideration

The lowest price submitted by a participant during an electronic auction does not always guarantee the conclusion of a contract. The final stage in the electronic auction is the consideration of the second part of applications, as well as summing up the results. According to the customer, the second part of the application does not meet the requirements of the auction documentation, so at this stage the winner can be rejected. This happens in the following cases:

• the supplier did not provide documents for the second part of the application, including permits to perform work, licenses, acts of commissioning of facilities;
• there are no documents submitted by suppliers during accreditation in the register, including extracts from the Unified State Register of Individual Entrepreneurs/Unified State Register of Legal Entities, orders, copies of constituent documents, powers of attorney, decisions on approval or execution of a major transaction and other information and documents;
• the participant provided false information;
• the participant does not meet the requirements of Law No. 44 “On the Contract System...” (included in the register of unscrupulous suppliers, is not a representative of a small business if procurement was carried out exclusively for this category of participants).

The classic auction in the traditional form with a hammer has given way to an electronic auction. At the same time, the concept of “auction step” was preserved. The Federal Law on the Contract System No. 44-FZ clearly defines the above term: “The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.” (Part 6 of Article 68 44-FZ).

In accordance with Federal Law No. 44-FZ, the maximum time interval between participants' proposals is 10 minutes. If during this time no offers are received, then the auction is considered completed.

There are several tactics for submitting an offer. For example, you can spend the first 10-20 minutes watching competitors who have started trading. During the electronic auction, you can see how each participant behaves. Some participants prefer to take the minimum auction step (0.5% of the initial maximum contract price (IMCP)) and wait until the last seconds to take a step again. Others prefer more active actions - quickly submit their price proposals and (or) take the auction step with a significant price reduction (more than 0.5% of the NMCC).

After observing the development of trading, we can draw a conclusion about the number of key participants in the electronic auction, as well as their behavior and tactics. Of course, there are “gray schemes” of trading. For example, an auction involves two key participants and two dummies. Two dummy participants in the electronic auction reduce the price as much as possible, after which the auction ends. After submitting the last offer, each participant in the electronic auction has the right to submit his own price offer within 10 minutes, which cannot be higher than the last bid. Thus, one of the key participants, who was in cahoots with two fake players, submits his price proposal with a slight drop. When considering the second parts of the applications of the first two dummy participants in the electronic auction, the commission is obliged to reject their applications for non-compliance with the requirements of Federal Law No. 44-FZ. That leaves two key players. As a rule, a participant in an electronic auction who did not participate in the “gray scheme” does not submit a price proposal and leaves before the end of the electronic auction, because sees a big price drop. In most such cases, the key participant in the electronic auction, who was in collusion, is declared the winner.

Experienced e-auction participants always observe the start of the e-auction without interfering. And after 20-30 minutes of trading, they can determine that there are fake participants among the participants in a particular electronic auction. The auction step (its size) of each participant in an electronic auction can provide a good hint for winning tactics.