Law 44 fz part 13 article 69. Term for consideration of the second parts of applications for participation in an electronic auction

Article 69. Procedure for consideration of the second parts of applications for participation in an electronic auction

1. The auction commission considers the second parts of applications for participation in an electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

2. The auction commission, based on the results of consideration of the second parts of applications for participation in an electronic auction, makes a decision on the compliance or non-compliance of an application for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for by this article. In order to make this decision, the auction commission considers the information about the participant of such an auction that submitted this application, which is contained in the register of participants in such an auction who have received accreditation on the electronic site.

3. The auction commission considers the second parts of applications for participation in an electronic auction sent in accordance with Part 19 of Article 68 of this Federal Law until a decision is made on the compliance of five such applications with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission shall consider the second parts of applications for participation in such an auction submitted by all of its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction, filed by its participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with part 18 of article 68

4. If, in accordance with Part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction are not identified, out of ten applications for participation in it sent earlier to the customer based on the ranking results, within one hours from the date of receipt of the relevant notice from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these bids, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five bids for participation in such an auction that meet the requirements established by the documentation about it.

5. The total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed three working days from the date of posting the protocol of the electronic auction on the electronic site.

6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction if:

1) non-submission of documents and information, which are provided for by Part 11 of Article 24.1, Parts 3 and 5 of Article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation of such an auction, the presence in these documents of unreliable information about a participant in such an auction as of the date and the deadline for filing applications for participation in such an auction;

2) non-compliance of a participant in such an auction with the requirements established in accordance with Part 1, Parts 1.1, and 2.1 (if such requirements exist) of Article 31 of this Federal Law;

3) provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law.

7. Making a decision on the non-compliance of an application for participation in an electronic auction with the requirements established by the documentation for such an auction, on the grounds not provided for by part 6 of this article, is not allowed. An application for participation in an electronic auction cannot be recognized as not meeting the requirements established by the documentation for such an auction, due to the lack of information and electronic documents in it, provided for in clause 5 of part 5 of Article 66 of this Federal Law, as well as in clause 6 of part 5 of Article 66 of this Federal Law, except for the case of the purchase of goods, works, services, in respect of which a prohibition is established, provided for in Article 14 of this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes 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, are placed by the customer on the electronic site and in unified information system. The specified protocol must contain information on the identification numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts based on consideration of the second parts of bids for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements by more than one hare applications for participation in such an auction, but less than five of these bids, as well as information on their identification numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal law, which the participant of such an auction does not comply with, the provisions of the documentation for such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation about it, information about the decision of each member of the auction commission in respect of each bid for such auction.

9. Any participant in an electronic auction, with the exception of its participants, whose applications for participation in such an auction received the first three serial numbers in accordance with the protocol for summarizing the results of such an auction, has the right to withdraw the application for participation in such an auction by sending a notification to the operator of the electronic site, from the moment of placement of the specified protocol in a single information system.

10. A participant in an electronic auction that has offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about it, is recognized as the winner of such an auction.

11. In the case provided for by Part 23 of Article 68 of this Federal Law, the winner of an electronic auction is its participant who offered the highest price for the right to conclude a contract and whose application for participation in such an auction meets the requirements established by the documentation for such an auction.

12. Within one hour from the moment of posting on the electronic site and in the unified information system of the protocol for summing up the results of the electronic auction, the operator of the electronic site sends to the participants of such an auction, the second parts of whose applications for participation in it were considered and in respect of whose applications for participation in such an auction were accepted a decision on compliance or non-compliance with the requirements established by the documentation of such an auction, notifications of the decisions taken.

13. If the auction commission decides that all the second parts of the applications for participation in it do not comply with the requirements established by the documentation for the electronic auction or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as failed.

Article 69. Procedure for consideration of the second parts of applications for participation in an electronic auction

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law dated 03/28/2019
entered into force on 01.01.2014

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 07/01/2015 06/04/2014 01/01/2014

The auction commission considers the second parts of applications for participation in an electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

The auction commission, based on the results of consideration of the second parts of applications for participation in an electronic auction, makes a decision on the compliance or non-compliance of an application for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for by this article. In order to make this decision, the auction commission considers the information about the participant of such an auction that submitted this application, which is contained in the register of participants in such an auction who have received accreditation on the electronic site.

The auction commission considers the second parts of applications for participation in an electronic auction sent in accordance with Part 19 of Article 68 of this Federal Law, before making a decision on the compliance of five such applications with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission shall consider the second parts of applications for participation in such an auction submitted by all of its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction, filed by its participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with part 18 of article 68

If, in accordance with part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction are not identified, out of ten applications for participation in it sent earlier to the customer based on the ranking results, within one hour from from the moment the relevant notice is received from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these bids, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five bids for participation in such an auction that meet the requirements established by the documentation about it.

The total period for consideration of the second parts of applications for participation in an electronic auction may not exceed three working days from the date of placement on the electronic site of the protocol of the electronic auction.

An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction if:

Making a decision on non-compliance of an application for participation in an electronic auction with the requirements established by the documentation for such an auction, on the grounds not provided for by part 6 of this article, is not allowed. An application for participation in an electronic auction cannot be recognized as not meeting the requirements established by the documentation for such an auction, due to the lack of information and electronic documents in it, provided for in clause 5 of part 5 of Article 66 of this Federal Law, as well as in clause 6 of part 5 of Article 66 of this Federal Law, except for the case of the purchase of goods, works, services, in respect of which a prohibition is established, provided for in Article 14 of this Federal Law.

The results of consideration of applications for participation in an electronic auction are recorded in the minutes 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 site and in a single information system. The specified protocol must contain information on the identification numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts based on consideration of the second parts of bids for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements by more than one hare applications for participation in such an auction, but less than five of these bids, as well as information on their identification numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal law, which the participant of such an auction does not comply with, the provisions of the documentation for such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation about it, information about the decision of each member of the auction commission in respect of each bid for such auction.

Any participant in an electronic auction, with the exception of its participants, whose applications for participation in such an auction received the first three serial numbers in accordance with the protocol for summing up the results of such an auction, has the right to withdraw the application for participation in such an auction by sending a notification about this to the operator of the electronic site, from the moment placement of the specified protocol in a single information system.

The participant of the electronic auction, who offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about him, is recognized as the winner of such an auction.

In the case provided for by Part 23 of Article 68 of this Federal Law, the winner of an electronic auction is its participant who offered the highest price for the right to conclude a contract and whose application for participation in such an auction meets the requirements established by the documentation for such an auction.

Within one hour from the moment of posting on the electronic site and in the unified information system of the protocol for summing up the results of the electronic auction, the operator of the electronic site sends to the participants of such an auction, the second parts of whose applications for participation in it were considered and in respect of whose applications for participation in such an auction a decision was made to compliance or non-compliance with the requirements established by the documentation of such an auction, notification of the decisions made.

If the auction commission decides that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the electronic auction or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as failed.

A Guide to Procurement Disputes:

6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction if:

(see text in previous edition)

3) provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law.

(see text in previous edition)

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes 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, are placed by the customer on the electronic site and in unified information system. The specified protocol must contain information on the identification numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts based on consideration of the second parts of bids for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements by more than one hare applications for participation in such an auction, but less than five of these bids, as well as information on their identification numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this of the federal law, which the participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation about it, information on the decision of each member of the auction commission in respect of each bid for such auction.

Article 69. Procedure for consideration of the second parts of applications for participation in an electronic auction

1. The auction commission considers the second parts of applications for participation in an electronic auction and documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction if:

1) non-submission of documents and information, which are provided for by paragraphs 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation of such an auction, the presence in the indicated documents of false information about the participant of such an auction as of the date and time of the deadline for filing applications for participation in such an auction;

2) non-compliance of the participant of such an auction with the requirements established in accordance with Part 1, Parts 1.1 and 2 (if such requirements exist) of Article 31 of this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes 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, are placed by the customer on the electronic site and in unified information system. The specified protocol must contain information on the serial numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts based on consideration of the second parts of bids for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements for more than one application for participation in such an auction, but less than five of these bids, as well as information on their serial numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal Law with which the participant of such an auction does not comply, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation about it, information on the decision of each member of the auction commission regarding each bid for such auction.

9. Any participant in an electronic auction, with the exception of its participants, whose applications for participation in such an auction received the first three serial numbers in accordance with the protocol for summing up the results of such an auction, has the right to withdraw the application for participation in such an auction by sending a notification to the operator of the electronic site, from the date of publication of the said protocol.

Regulates relations arising in the process of public procurement. To implement this control, a unified information system is organized.

General provisions and changes

The latest amendments to Federal Law No. 44 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" were made on December 31, 2017. The new version of the Federal Law entered into force on January 11, 2018.

When making the latest changes to the legislative draft, no amendments were made to Article 69. Let's take a closer look at the provisions outlined in it:

Paragraph 1

Paragraph 1 of Article 69 states that it is the auction commission that considers the second part of the applications and the documentation attached to them. Verification of securities takes place on the basis of the declared auction requirements.

Point 2

After receiving the second parts of the applications, the auction commission examines the data on the applicant and decides on the compliance of his application or non-compliance with the requirements stated by the auction management. Information about the applicant is contained in a special register of participants. Information about them is entered into the register only on condition that accreditation has been passed.

Read more about article No. 66 F)-44 read

Part 3 Article 69

The provisions of paragraph 3 deal with the procedure for considering the second parts of applications. The Commission begins their study before deciding on the compliance of the first five applications for compliance with the established requirements. If less than 5 participants participate in the auction and less than 5 applications have been submitted, then the second parts of the applications of candidates who have declared the lowest contract price are considered. The selection takes place in accordance with the ranking criteria.

Item 4

Clause 4 describes the actions of the applicants in the event that their appeal was considered. After receiving a notification from the customer, the operator of the electronic auction must send him the second parts within an hour.

Part 6 of article 69 44 FZ

Clause 6 lists the criteria by which an application may not meet the stated requirements:

non-compliance of the auction participant with the requirements specified in Federal Law 44;
errors and inconsistencies with the conditions of the auction were found in the information provided;
the applicant did not provide the necessary papers and information.

Item 7

Paragraph 7 of Article 69 states that an application may be rejected only on the grounds listed in Part 6 of this Article.

Part 8 of Article 69 44 of the Federal Law

This paragraph describes the procedure for announcing the results:

All decisions are recorded in the summary protocol.
The written result is signed by each participant of the auction verification not later than one day from the moment of its announcement.
The results are publicly posted by the customer on the electronic platform.

P 10 article 69 44 FZ

According to the provisions of paragraph 10, the winner of the auction is the applicant who will provide the lowest contract price and his application will meet the stated requirements.

Deadline for consideration of the second parts of applications by law

According to the provisions of Federal Law 44, and in particular Article 69, the second parts of applications are considered within three working days from the date of placement of the auction conditions. Requirements for the event must be published on official sources.

Download 44 Federal Laws in the latest edition

Federal Law No. 44 "On the contact system in the field of procurement of goods, works, services to meet state and municipal needs" was adopted by the State Duma of the Russian Federation on March 22, 2013, and the legislative draft was approved 5 days later of the same year.

Federal Law 44 regulates relations arising in the process of the need to meet state and municipal needs in the field of procurement. Also, the action of the law is aimed at preventing illegal actions in the following areas:

planning of public procurement in the field of goods and services;
fulfillment of the terms of contracts;
verification of purchased products and services;
audit of actions of state bodies in the field of procurement.

To learn more about the provisions of Federal Law 44 in the latest edition, download it from.