Government order electronic auction. New auction list: how to apply

Bidding held on an electronic platform is the most popular way to determine a supplier within the framework of relationships in the contract system. In 2016, out of 3 million orders, 58% came from an electronic auction with a total price of placed lots of just over 3.8 trillion rubles. Let's consider in what cases the customer is obliged and has the right to conduct electronic auctions, by what order the current auction list was approved and what goods, works, and services are included in it.

Normative base

Part 2 art. 48 44-FZ establishes the priority of holding an open tender in comparison with other methods of determining a supplier. In all cases, the customer makes purchases through an open tender, with the exception of cases provided, inter alia, by Art. 59, revealing the content of the electronic auction (EA) procedure.

The obligation to purchase certain goods and works only by EA is established by Part 2 of Art. 59. List approved By Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, and can also be additionally established by the subject of the Russian Federation.

In addition to the cases specified in the Order, Part 3 of Art. 59 of the Law contains provisions on the customer’s right to place an order electronically even if the required item is not on the list.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, inter alia, for the following objects:

agricultural goods and services;
mining products;
food and beverages;
cloth;
paper;
medicines;
computer equipment;
construction work, etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned Government order.

Exceptions to the rules

The customer has the right not to conduct an EA even if the subject of the order is in the above list in the following cases.

If possible, conduct a two-stage or limited participation competition.
For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Resolution dated 02/04/2015 No. 99, it is possible to hold a competition with limited participation in the supply of food products purchased for educational and other organizations, with an NMCC of more than 500,000 rubles.
When purchasing food products and drinks purchased for institutions providing educational process and recreation for children, medical organizations, social service institutions, children's recreation organizations.
When purchasing children's clothing.
When carrying out construction, reconstruction, and major repairs of particularly dangerous, technically complex and unique objects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance.
Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited participation competition, depending on the size of the NMCC for these specialized works.
When providing food services and servicing ritual events (weddings, banquets on the occasion of the birth of a child, anniversary).
When purchasing souvenir and gift ballots for voting in elections and referendums.
When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list in other ways in the following cases:

for an NMCC not exceeding 500,000 rubles - a request for quotation (or in accordance with Articles 75, 76, regardless of the size of the NMCC on the territory of a foreign state or for the provision of medical care);
when ordering from a single supplier, according to Art. 93. For example, with NMCC not exceeding 100,000 rubles;
when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a restriction for the open tender procedure, and not a condition for holding an auction.

Responsibility for choosing the procurement method

Art. 7.29 Code of Administrative Offenses establishes liability for incorrect decision-making in choosing a method for identifying a supplier in the form of an administrative fine of up to 50,000 rubles.

The customer is obliged to hold an auction when purchasing goods, works or services from the list, which the Government approved by Order No. 471-r dated March 21, 2016. If you make a mistake with the choice of procurement method, the contract service employee or contract manager will be fined up to 50,000 rubles.

What is an auction list under 44-FZ

The list includes 63 items. These are goods, works and services that need to be purchased only through an electronic auction. This obligation is established in Art. 59 of Law No. 44-FZ. It was approved by order of the Government of the Russian Federation dated March 21, 2016 No. 471-r. It is updated periodically. The latest changes were made in February 2018.

The list of goods, works and services for the procurement of which customers must conduct an electronic auction has changed three times. The latest amendments were made by order of the Government of the Russian Federation dated February 12, 2018 No. 213-r. These cannot be called significant innovations. The text of item 49 in the list has been corrected - “land and pipeline transport services”.

Which GWS are included in the auction list under 44-FZ

The list of resources included coal (05), crude oil and gas (06), metal ores (07), and mining products (08). The list also includes services in the field of mining (09). As for clothing (code 14), the list does not include children's clothing.

The list also includes tobacco products (12), textiles (13), paper and products made from it (17), medicinal products and materials used for medical purposes (21), and electrical equipment (27).

Catalog versus customer: how to plan purchases if KTRU is constantly being supplemented

To timely correct planning documents for new items in the GWS catalogue, use our proven fast catalog search methods and the algorithm for updating planned purchases. After all, dozens of new items appear in the TRU catalog every day, and in December alone there were two thousand of them. If you do not take into account the catalog update in your plan in time, purchases will stop until you correct the error.

The list of works and services includes, in particular:

machine repair, installation (33);
water treatment and supply (36);
waste collection, treatment and disposal, waste disposal (38);
specialized construction work (code 43, except code 43.13), etc.

Please note that the list excludes goods, works and services that the customer has the right to purchase through a tender with limited participation and a two-stage tender.

Auction list under 223-FZ in 2019

Technically, the list under 223-FZ cannot be called an auction list. Customers must purchase items from it electronically, but not necessarily by auction.

They are included in the list established by Decree of the Government of the Russian Federation dated June 21, 2012 No. 616. The list is quite extensive. Here are a few points:

wooden container (16.24.1);
pulp, paper and board (17.1);
services for copying sound and video recordings, as well as software (18.20);
surgical rubber gloves (22.19.60.111);
glass stationery supplies (23.13.13.130);
computer, electronic and optical equipment (26, except codes 26.20.14.000, 26.70.11, 26.70.2);
lifting machines for mechanization of warehouses, not included in other groups (28.22.18.260);
other equipment and installations for filtering or purifying air (28.25.14.119);
other weighing and dosing equipment (28.29.39.000);
passenger cars (29.10.2);
buses (29.10.30.110);
furniture for offices and trade enterprises (31.01.1);
wholesale and retail trade services and repair services for motor vehicles and motorcycles (45);
services for technical inspection of vehicles (71.20.14.000);
cleaning and cleaning services (81.2), etc.

Please note the cases in which customers are not required to purchase goods, works and services listed in the regulatory legal acts in electronic form:

procurement information should not be placed in the Unified Information System;
the need for procurement is related to an emergency, the need for urgent medical intervention;
procurement is carried out from a single supplier.

Auction list according to 44-FZ 2019

OKPD2 code 1	Name
01 2	Agriculture and hunting products and services. Except codes 01.4, 01.7
	Forestry products, logging products and related services
03 2	Fish and other fishery and fish farming products; services related to fishing and fish farming

	Crude oil and natural gas
	Metal ores
	Other mining products
	Mining services
10 2	Food products
11 2
	Tobacco products
	Textiles and textile products
14 3
	Leather and leather goods

	Wood and wood products and cork (except furniture); products made from straw and weaving materials
	Paper and paper products
19.1	Coke oven products
19.2	Petroleum products
19.30.11	Coal and anthracite agglomerated
	Chemical substances and chemical products
	Medicinal products and materials used for medical purposes
	Rubber and plastic products
	Other non-metallic mineral products. In addition to codes 23.13.13.140, 23.13.13.142, 23.32.12, 23.41.11.110, 23.41.12
	Basic metals
	Finished metal products, except machinery and equipment. Except codes 25.30.2, 25.71.14.120, 25.71.14.130, 25.40.1
	Computer, electronic and optical equipment. In addition to codes 26.60.11.120, 26.60.11.114, 26.60.11.119, 26.60.12.129, 26.70.22.150
	Electrical equipment
	Machinery and equipment not included in other groups. In addition to codes 28.22.18.150, 28.99.39.150
	Motor vehicles, trailers and semi-trailers
	Transport means and equipment, other. Except codes 30.1, 30.3, 30.92.2
32.5 1	Medical instruments and equipment. Except codes 32.50.11, 32.50.12, 32.50.13.120, 32.50.13.190, 32.50.22.110–32.50.22.122, 32.50.22.190, 32.50.30.110
32.9	Finished products, not included in other groups
	Repair and installation services for machinery and equipment
35.30.2	Ice; chilled air and cold water supply services
	Natural water; water treatment and water supply services
	Drainage services; sewage sludge
	Waste collection, treatment and disposal services; waste disposal services
41.2 4	Buildings and building construction works
42 4	Structures and construction work in the field of civil engineering
43 4	Specialized construction works. Except code 43.13
	Wholesale and retail trade services and repair services for motor vehicles and motorcycles
	Wholesale trade services, except wholesale trade of motor vehicles and motorcycles
	Retail trade services, except retail trade of motor vehicles and motorcycles
	Land and pipeline transport services. Except codes 49.1, 49.31.21, 49.39.11, 49.5
	Water transport services
52.2	Transport auxiliary services. In addition to codes 52.21.19.114, 52.21.3
	Postal services and courier services. Except code 53.20.11.190
	Services for providing places for temporary residence. In addition to codes 55.30.12, 55.90.19 - regarding services for organizing recreation and health care for children
56 5	Catering services. Except codes 56.10, 56.21
58 6 1	Publishing services. Except codes 58.19.12, 58.19.15
	Telecommunication services
	Financial services, except insurance and pension services
	Ancillary services related to financial intermediation and insurance services. In addition to codes: – 66.11.12.140, 66.19.32 – regarding services for managing fund balances in a single budget account; – 12/66/11 – regarding services for organizing bond loans
68 7	Services for real estate transactions. Except code 68.31.16
79.11	Travel agency services
81.21.10	General building cleaning services
81.22.11	Window cleaning services
81.22.12	Specialized cleaning and cleaning services
81.22.13	Stove and chimney cleaning services
81.29.11	Disinfection, disinfestation and deratization services
82.92	Packaging services
	Repair services for computers, personal items and household goods
	Other personal services. In addition to codes 96.02.1, 96.03, 96.09.12, 96.09.19

1 In addition to goods, works, services, the purchase of which the customer has the right to conduct through a tender with limited participation and a two-stage tender under Part 2 of Article 56 and Clause 1 of Part 2 of Article 57 of Law No. 44-FZ.

2 In addition to food products purchased for:

preschool educational institutions;
general educational institutions;
educational institutions of primary vocational education;
educational institutions of secondary vocational and higher vocational education;
special (correctional) educational institutions for students and pupils with disabilities;
institutions for orphans and children without parental care;
special closed educational institutions for children and adolescents with socially dangerous behavior;
atypical educational institutions of the highest category for children, adolescents and young people who have demonstrated outstanding abilities;
educational institutions of additional education for children and other organizations;
medical organizations, social service institutions, organizations for children's recreation and their health improvement that carry out the educational process for children.

3 In addition to children's clothing.

4 With the exception of construction, reconstruction, and major repairs:

especially dangerous, technically complex and unique capital construction projects;
artificial road structures as part of highways of federal, regional or intermunicipal, local significance.

5 In addition to services for providing food and servicing ritual events - weddings, banquets on the occasion of the birth of a child, anniversary, etc.

6 With the exception of souvenir and gift sets - notepads and notebooks, ballots for voting in elections and referendums.

7 With the exception of services for the exchange of residential real estate.

Attached files

Auction list 2019.docx

Today the law does not have an unambiguous definition of what electronic procurement is under 223-FZ. FAS Russia and law enforcement agencies insist that the electronic form of procurement completely eliminates paper document flow. In practice, not all customers follow this definition. Let's discuss the problems and risks of customers when choosing an electronic form of procurement today.

Methods of procurement in electronic form under 44-FZ and 223-FZ

Currently, government customers have responsibilities for conducting electronic procurement (Federal Law No. 44-FZ dated April 5, 2013). They are required to conduct an electronic auction for the purchase of products included in the list determined by the Government. Auction list The auction list was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-R. That is, not only the form of procurement is fixed here: electronic, but also the only possible way to determine the supplier is proposed.

There are also customers who work under Law No. 223-FZ. They have a list of products that they purchase electronically, but they decide for themselves in what way. This could be a competition, it could be an auction, or it could be a request for quotations, a request for proposals, or something else independently invented by the customer and enshrined in the Procurement Regulations. That is, the electronic form is mandatory for them, and they choose the method independently. Regional authorities and local governments may establish additional restrictions for certain categories of customers regarding the choice of electronic procurement method.

All categories of customers under 223-FZ can voluntarily conduct electronic procurement.

223-FZ: list of purchases in electronic form:

The list of goods, works, and services that customers are required to purchase in electronic form under 223-FZ is exhaustive, approved by Decree of the Government of the Russian Federation dated June 21, 2012 No. 616. It includes:

paper yarn;
cords, rope and rope products, not included in other groups;
clothing for maintaining physical fitness (anti-overload, prophylactic-stress, prophylactic suits) special;
wooden container;
pulp, paper and cardboard;
a complete list of goods, works and services, the purchase of which is carried out in electronic form in accordance with 223-FZ.

Every time a customer needs a product, work or service from this list, he is obliged to conduct a purchase in accordance with 223-FZ electronically.

What to do if the customer is making a purchase that includes both items included in the List and goods (works, services), the purchase of which is not additionally regulated? It is recommended to separate purchases that must be carried out electronically into a separate lot. If this cannot be done, it is better to focus on the 5% threshold.

According to the general practice of regulatory authorities, it is allowed to include in a lot that contains mixed products no more than 5% of those goods, works and services that must be purchased electronically. We are talking about value terms in relation to the initial maximum price.

Procurement under 223-FZ - distance training course at the School of Electronic Trading. Training is carried out taking into account all legislative changes. The customer will learn to draft documents correctly, and the supplier will learn to read and understand them correctly. An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”. Certificate of advanced training 72 hours.

Exceptions to the rules

Are there exceptions when the purchase of products from List No. 616 is allowed to be carried out in non-electronic form? It turns out there is:

the transaction amount does not exceed 100,000 rubles;
the transaction or product (group of goods) is included in the approved list, information about which is not subject to posting on the official website;
the information contained in the notice, procurement documentation or draft contract contains information related to state secrets;
the need for procurement arose as a result of an emergency, force majeure, the need for urgent medical intervention, natural or man-made emergencies, as well as in order to prevent the threat of their occurrence. In this part, customers are recommended to have documentary evidence that unforeseen circumstances actually occurred that were impossible to predict. If an accident occurs, it is better to draw up a confirming report. Ideally, such an act should be signed not only by the customer’s employees, but also by third disinterested parties. But if the customer has too many emergency and unforeseen situations, this is a reason for controllers to think about whether these acts correspond to reality. Perhaps the acts are fake;
the purchase is subject to the terms of purchase from a single supplier in accordance with the Procurement Regulations approved by the customer. This rule means that, in fact, the customer may not purchase from List No. 616 electronically at all, but can make do with purchasing from a single supplier. If it states such a right in its Procurement Regulations, of course. But such resourcefulness of the customer is actually an abuse, because... “in its pure form” does not correspond to the goals and principles of the legislation on the contract system. Most likely, as amendments to 223-FZ come into force, this practice will become impossible. Therefore, customers are recommended to adapt to electronic forms of procurement procedures and learn to work on electronic trading platforms.

The customer, by his Regulations, can expand the list of goods, work, services that he will purchase in electronic form. By voluntarily accepting such an obligation, the customer also bears responsibility for the fulfillment of these obligations.

How can a customer organize an electronic procurement form under 223-FZ?

Once the customer has decided that goods, works, and services are to be purchased electronically, he must understand how to organize this form of procurement. Today there is no clear definition of what electronic procurement is and how to carry it out. The customer is obliged to establish the rules and procedure for such procurement in its Regulations.

You can focus on intergovernmental agreements and be guided by similar norms of the Contract System:

“Electronic procurement form (format)” is a procurement procedure carried out using Internet networks, web portal and (or) electronic trading platform(electronic platform), as well as software and hardware (Agreement on state (municipal) procurement, concluded on December 9, 2010).

There is a similar definition in 44-FZ:

Within the framework of relations aimed at meeting state and municipal needs, exchange of electronic documents is allowed, provided for by the legislation of the Russian Federation and other regulations on the contract system in the field of procurement, between participants in the contract system in the field of procurement, including filing applications for participation in determining the supplier (contractor, performer), final proposals (Part 1 of Article 5
An auction in electronic form (electronic auction) means an auction, the holding of which is ensured by on the electronic platform by its operator(Part 1 of Article 59 of the Law on the Contract System).

But these approaches are not enshrined in the framework of 223-FZ. This means they cannot be the ultimate truth. The only regulator that provided clarification on the electronic procurement form under 223-FZ is the antimonopoly service.

The letter of the FAS Russia dated July 2, 2014 No. ATs/26473/14 states: “... can be considered as procurement in electronic form exchange of electronic documents between the customer and the procurement participant in accordance with the requirements for a specific procurement method, established in the procurement regulations". Some customers interpreted this clarification subjectively and broadly: they did not hesitate to request documents on paper in parallel with electronic form, and obliged the procurement participant to appear at one or another stage of the procurement procedure. There were cases when customers collected applications electronically, but participants had to appear in person to submit price proposals.

To eliminate such incorrect interpretations, the FAS Russia clarifies: “... a procurement procedure in which excluded exchange of paper documents between the customer and procurement participants in accordance with the requirements for a specific procurement method, as well as obligation of the procurement participant to be present at certain stages of the procurement procedure.” Customers are advised to follow this clarification from the FAS until amendments to 223-FZ come into force and an unambiguous formulation of the concept of “electronic procurement” appears.

The FAS position is reflected in practice

Let's look at a few examples.

Decision No. 223ФЗ-119/15 based on the results of consideration of the complaint of the Federal State Unitary Enterprise “Spetsstroyservis under Spetsstroy of Russia” against the actions (inaction) of the customer JSC “CIUS UES”. The customer required envelopes to be presented on paper at the address and location of the customer. Considering the complaint, the FAS Russia commission recognized the customer’s actions as unfounded, unlawful, and inconsistent with the provisions of the Procurement Regulations and revealed a violation of Part 1 of Article 2 of the Procurement Law.

The situation in the Moscow metro. The customer purchased a video surveillance system for the Moscow metro. A competition was held. In terms of price parameters and other characteristics, the competition was really appropriate. But a contradiction was discovered in the Procurement Regulations: the customer prescribed the conditions for holding an electronic auction, compiling an electronic list that included goods, work, and services included in the lot in respect of which the complaint was filed. On the one hand, it is more expedient and efficient for the customer to hold a competition, on the other hand, the direct norm of the Procurement Regulation obliges him to hold an electronic auction. The procurement procedure was cancelled. The customer changed the Procurement Regulations and nevertheless carried out a competitive procedure that reflected its objective needs.

Based on these two decisions, one cannot conclude that controllers always stand on the side of the participant in the procurement procedure. No. If the customer has correctly prescribed the procedure for conducting the electronic procurement form and strictly complies with it, any regulatory authority will be on the customer’s side. Here's an example.

Decision No. 223FZ-137/14 based on the results of consideration of the complaint of UVZ-Service LLC, GTR LLC, BT (Rus) LLC. The customer carried out the purchase electronically. The participant was lazy or did not want to undergo accreditation on the electronic platform and brought the application on paper. The application was completed in full accordance with the documentation and contained all the necessary documents, but the participant violated the procedure for submitting the application. The customer did not receive the application in electronic form before the deadline for submitting applications. The application in paper form was returned to the participant without consideration. The participant filed a complaint, which was found to be unfounded. The customer was reasonably guided by the Regulations and complied with the principles of the electronic procurement form. He was not obliged to accept the application in paper form.

Some courts support this position. In general, judicial practice is contradictory, but is gradually approaching the understanding formed by the antimonopoly service. In particular, the Federal Antimonopoly Service of the Moscow District in its resolution dated December 2, 2013 No. F05-14297/2013 in case No. A40-4091/13-152-41 noted: “... specified in the Procurement Law and Decree of the Government of the Russian Federation of June 21, 2012 N 616 “On approval of the list of goods, works and services, the procurement of which is carried out in electronic form”, the electronic form implies the implementation by persons participating in the procurement, including the customer, of all actions using electronic means and thus eliminates the possibility of using paper documents" Interestingly, Moscow courts also made opposite decisions, allowing part of the application to be submitted on paper. But you should not focus on such a position. It will not be supported by the antimonopoly service or the prosecutor's office. FAS Russia and law enforcement agencies insist that the electronic form of procurement completely eliminates paper document flow.

Electronic procurement under 223-FZ in the Procurement Regulations

Let's consider two possible options for the customer. Both are risky, but it is currently impossible to organize the process any other way.

Option 1: accept applications by email

Let's say the customer has established in the Procurement Regulations that for him the electronic form of procurement is the exchange of letters via an electronic mailbox. Equality and fairness will have to be ensured, starting from the application stage. The customer assumes obligations, the fulfillment of which, in fact, does not depend on him. It must ensure uninterrupted operation of the electronic mailbox, which may stop working due to technical reasons of the provider.

It is possible that a participant submitted an application from a person who does not have the right to submit an application. In this case, the customer bears the risk of failure to fulfill obligations under the contract.

Let's say everything went smoothly and all applications arrived in the required form. The question remains open: how does the customer guarantee immediate access to applications? There is a high probability that the customer will open applications before the date indicated in the documentation, creating preferential conditions for participation by certain persons.

At the stage of filing applications and opening them, there are the greatest corruption risks. There is a high probability of violation of Part 1 of Article 17 of the Law on Protection of Competition when the customer can coordinate the actions of participants in the procedure and provide information about the content of participants’ applications to other persons, including competitors.

Another problem is in the procurement procedure. How can a customer organize an auction or rebidding using an electronic mailbox? Possible, but not transparent.

Conclusion: It is too risky for the customer to purchase electronically by exchanging emails via an email account. This is possible, but it will create more difficulties than it will make the job easier.

Option 2: organize an electronic procurement form through an electronic platform operator

If the Procurement Regulations stipulate that the electronic form of procurement involves the use of the services of an operator of an electronic trading platform, the customer bears full responsibility for the actions of this operator. After all, while there are no amendments to 223-FZ, there is no such entity as an “Electronic Platform Operator”: neither an entity as a participant in the procurement cycle, nor a subject of responsibility within the framework of 223-FZ.

Unfortunately, not all sites guarantee proper and uninterrupted operation. Possible failures and disruptions in the operator’s work will be attributed to the customer’s fault. In the event of a complaint, it is the customer, and not the site operator, who will receive the appropriate order. And if the site operator does not meet the customer halfway and does not allow the actions prescribed by the antimonopoly authority to be performed, the customer may be fined for failure to comply with the order of the regulatory authority. The amount of such a fine is up to 500,000 rubles!

Advice to customers: Choose your carrier carefully. Write down how you will share responsibility.

We recommend that customers make the following reservation in the Procurement Regulations. Please indicate that the procedure for conducting a specific procurement method, which is prescribed in your Regulations, and the procedure for conducting it on the ETP may differ, taking into account the functionality of the ETP operator.

Otherwise, if the site operator does not guarantee 100% compliance with your Procurement Regulations, then any actions within the framework of this procurement procedure may be considered unreasonable, inconsistent with the Procurement Regulations, and the customer’s actions will be qualified as a violation of Part 1 of Article 2 of the Procurement Law . This violation does not entail administrative consequences, but based on such a decision, the customer may receive an order forcing him to make changes to the procurement procedure or replay one or another stage of the procurement.

How should it be?

Amendments have been prepared to 223-FZ, which will finally give an understanding of what an electronic form of procurement is and how to carry it out. The site operator must become a full-fledged subject of the procurement process, his actions can be appealed, and liability will be provided for him in the Code of Administrative Offenses of the Russian Federation.

Legislators have put forward a number of initiatives that regulate electronic procurement. First of all, this will allow you to track every action of any participant in the procurement process.

Today, it can be difficult for participants to understand how to submit an application, in what place, and it is also difficult to subsequently prove that the customer created obstacles when submitting an application. If the amendments are adopted, all stages of the procurement procedure will be clear, identical for everyone and easy to control.

On 04/15/2018
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223-FZ, 44-FZ, EIS, Purchase of medicines, medical equipment, Purchases from a single supplier, Request for quotations, Request for proposals, NMCC, SMP, Electronic signature, Electronic auction, ETP

In this material we have collected all the information about electronic auction, which is contained in 44-FZ. It is no secret that this law is sometimes difficult to understand, so we have tried to present its provisions as accessible and simple as possible.

What is an electronic auction and when is it held?

An electronic auction is understood as a procurement that:

carried out in electronic form and carried out on the electronic trading platform ( ETP);
passes in open tender format in real time, that is, participants see each other’s bids and can improve their price offers.

In this case, “improvement” means submitting an application with a price lower than that of competitors, since an electronic auction under 44-FZ is held to reduce the contract price.

Registration in ERUZ EIS
From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

An electronic auction is considered the most transparent procedure of all methods for determining a supplier. Its disadvantage is that the selection criterion at the bidding stage is only the price. Therefore, you can purchase through an auction not just any goods, works or services, but only those for which you can:

accurately describe the procurement object;
evaluate the application solely on price.

Such procurement items are included in the list approved by the Government of the Russian Federation. The goods, services and works included in it must be purchased strictly through an electronic auction. But there is an exception: if the conditions for purchasing an object from the auction list “fit” into a request for quotations or proposals or concluding a contract with a single supplier, then the appropriate procedure can be carried out. So, if the price of a contract for the purchase of goods from the auction list does not exceed 100 thousand rubles, instead of an auction, you can purchase from a single supplier.

In addition, the customer can purchase other goods, works or services through an auction if they can be clearly described and assessed only by price.

The essence of the electronic procedure

The parties to the electronic auction are:

customer;
suppliers;

ETP is an Internet resource that provides other parties with the technical capabilities to interact for the purpose of bidding and concluding contracts. Each site is managed operator, that is, the legal entity that owns it. Not any ETP is allowed for trading under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are allowed to conduct procedures within the framework of government procurement. However, soon.

To become a trading participant on the ETP, you need to go through accreditation. For now, this procedure is carried out at each site separately, but after all purchases are transferred to electronic form, instead, it will only be enough to register in the Unified Information System.

Exchange of documents

The name of the procedure implies electronic document management. This means that all documents signed by the parties are in electronic format and signed electronic signature. To obtain an EDS certificate, customers must contact the Treasury. Suppliers can obtain a signature from any certification authority.

Note! From July 1, 2018, suppliers must use a qualified electronic signature. For now it is allowed to use unqualified.

The exchange of electronic documents occurs through the platform. The exception is the process of concluding a government contract - it takes place in the Unified Information System. ETPs are obliged to ensure the confidentiality of information about auction participants until the results are summed up. In addition, information and documents on all previously held procedures are stored on the site.

The responsibilities of the ETP operator include publishing documents. This applies not only to the protocols that are drawn up during the auction, but also to the documents that customers upload to the site, namely notices and other procurement documents, their changes, clarification of the provisions of the documentation and notices of refusal to hold the auction. The operator also sends all these documents (with the exception of the notice of an electronic auction and auction documentation, which is placed in the Unified Information System) to the participants’ mail.

Accreditation for ETP

To obtain accreditation at the site, you must submit a set of documents to the operator. For now, this needs to be done at each site. However, the accreditation process will be reduced to registration in the Unified Information System. For now, the old accreditation rules are in effect, so let’s pay attention to them.

IN set of documents submitted to the trading operator, includes:

Statement.
A copy of an extract from the relevant register (Unified State Register of Legal Entities, Unified State Register of Individual Entrepreneurs), received no earlier than 6 months ago. If the application is submitted by an individual, instead of an extract, you must submit a copy of your passport.
Copies of constituent documents for a legal entity.
TIN or equivalent (for foreigners).
If a foreign person undergoes accreditation, notarized documents on registration of a legal entity or individual entrepreneur are attached, for an individual - a copy of an identity document.
A document on the basis of which a representative of a legal entity acts on behalf of his company. It could be:
- decision on appointment or election as a director;
- a copy of the order of appointment to the position.
If another person acts as a representative, then a document confirming his authority is attached. If this is an individual, it is necessary to submit a notarized power of attorney. If legal - the original power of attorney issued by the company.
Decision to approve a major transaction.
Email address.

Note! The customer has no right to require participants who have been accredited to the ETP to provide any other documents.

After submitting a set of documents to the ETP, the operator must accept accreditation decision. This is what he has to do 5 working days. As a result, the supplier should be notified of what decision has been made. If it is positive, along with it the participant will receive access to auctions and an account number for transferring bid security. If negative, the message will indicate the reasons for this.

Refusal can occur in several cases:

no documents for accreditation have been submitted;
documents have been submitted but do not meet the requirements;
the company is registered offshore.

There cannot be any other grounds for refusal of accreditation. If the deficiencies are corrected, the supplier may reapply for accreditation.

If accepted positive decision The participant is given accreditation for a period of 3 years. It is important to remember that it is mandatory to notify the ETP of changes. This is necessary if:

The supplier's details have changed or changes have been made to the documents.
The electronic signature has changed or its validity period has expired.
new powers of attorney were issued to work on behalf of the bidder.

The participant sends a notification about this to the ETP, and the operator makes changes to his data. If necessary, documents are also placed on the site.

Important! The trading operator does not verify the accuracy of the information and documents provided to it by participants. All responsibility for this falls on themselves.

Having received accreditation, the participant can see all auctions held on the site. To take part in them, he needs transfer funds to ETP. At the time of sending and applying for a particular auction, an amount equal to the amount of its security will be blocked from these funds.

The opportunity to take part in auctions is blocked 3 months before the end of the accreditation period. ETP notifies the participant that accreditation needs to be renewed. You can start the process without waiting for this notification, but not earlier than 6 months before the expiration of the current accreditation.

The operator, in turn, leads Register of accredited participants. It contains the following data:

information from the application for accreditation;
documents of the participant, with the exception of constituent documents and extracts from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs;
last day of accreditation validity.

Information is sent to this Register on the same day when the decision is made to accredit the applicant. If changes are made to the information, they are reflected in the register within 1 hour. If the accreditation period expires, the participant is removed from the register within one working day. The same will follow if the operator decides to exclude the supplier from the register. The site must notify the supplier that it has been removed from the register of accredited participants.

Documentation

Auction Notice

Notice of the auction is published in the Unified Information System and in any media within the following time frames:

if the contract price is less than 3 million rubles - no less than 7 days before the deadline for accepting applications;
if the contract price is more than 3 million rubles - no less than 15 days.

The notice includes information required for all purchases:

Customer details - name, address, contact details, full name of the person responsible for the purchase.
Conditions of the contract - a description of the purchase in accordance with Article 33, information about the quantity of goods purchased or the volume of work, services, as well as the place of their implementation.
Duration of the contract.
NMCC and source of funding.
Identification code.
Restrictions or preferences for certain groups of participants. For example, providing information that the procurement is carried out for small businesses.
Method for determining the supplier.
Application information.
Information on the amount and procedure for providing application security.
Information about the security of the contract - size, order of presentation, information about banking or treasury support.

In addition, the notice includes information about a specific procedure: ETP address, closing dates for accepting applications and holding the auction, amount of application security, requirements for the participant - general and additional, conditions and prohibitions for the implementation of the national regime (if established).

Auction documentation

The auction documents generally repeat all the information contained in the notice. In addition, the auction documentation contains such information:

A complete description of the procurement object, the terms of the government contract, as well as justification for the price.
Requirements for the content of the application, including instructions for filling out.
Payment procedures, including issues regarding the application of foreign currency exchange rates.
Information about the customer's contract service, contract manager or person who is responsible for this auction.
Information about changes to the terms of the contract.
Contract signing period.
Conditions under which the winner will be recognized as having evaded.
The period in which participants can send a request for clarification of the provisions of the documentation.
Information about unilateral termination of the contract.
Draft contract.

Request for clarification

If the supplier has questions about certain provisions of the documentation, he can request clarification. This feature works for any accredited participant. Each of them can submit 3 requests within one procedure. The following deadlines have been established for this:

The request is sent no later than 3 days before the deadline for accepting applications.
ETP transfers it to the customer within 1 hour.
The customer posts his explanations within 2 days. However, information about the participant who submitted the request is not published.

Documentation changes

As a result of the clarification, the procurement documentation may be changed. In addition, the customer can do this at his own discretion. The rules are:

You can change the documentation no later than 2 days until the end of applications.
The change is published within 1 day after making such a decision.
The deadline for accepting applications is extended so that there are 7 or 15 days depending on the contract price.
The clarification should clarify or make additions to the documentation, but not change its essence.
It is prohibited to change the procurement object or increase the contract security.

Filing an application

An application for an electronic auction consists of two parts. We wrote in detail in a separate article.

The second part of the application consists of information about the supplier and the procurement object. The supplier provides:

Information about yourself - name, location, contacts, and so on.
Documents that confirm that it meets the uniform requirements for procurement participants.
Documents (copies) confirming compliance of the procurement object with legal requirements.
Note! If such documents are transferred along with the goods, the supplier does not have to submit them as part of the application.
A decision to approve a major transaction, if applicable to a given purchase for that supplier.
Documents that confirm the supplier’s right to receive preferences (for example, for organizations of people with disabilities).
Documents confirming that the product complies with the conditions of the national regime, if such requirements are established for it.
If the purchase is for SMP and SONO - a declaration of affiliation with such entities.

Pay attention! The customer cannot require the supplier to provide other documents or information.

You can submit your application at any time, including the last day of admission. Both parts of the application are sent simultaneously. An application for an ETP is submitted, then the operator confirms within an hour that it has been received and assigns a number to it. Submitting more than one application for participation in the auction is prohibited.

At the first stage, the application is verified by the platform itself. The operator cannot reject the application for other reasons, except:

violation by the participant of the rules for signing digital signature documents;
the participant submits a second application if the first is not withdrawn;
violation by the participant of the deadline for submitting an application;
lack of funds to secure the application;
expiration of the supplier's accreditation period for the ETP (applications are no longer accepted 3 months in advance).

When sending a refusal to accept an application to a participant, the operator must explain the reason. The participant himself can withdraw the application before the end of the admission period - there are no restrictions for this.

When the deadline for accepting applications is over, ETP sends their first parts to the customer. He must do this no later than the next working day.

It happens that not a single application is submitted. In this case, the auction is recognized failed.

Review of the first parts of applications

No more 7 days from the closing date for accepting applications, the customer’s commission reviews their first parts. There are only two reasons for refusal:

The participant incorrectly completed the consent to supply goods, provide services or perform work, or indicated incorrect parameters of the procurement object.
The participant provided inaccurate or incomplete information in the application.
Having considered all applications, the commission draws up a protocol in which all participants are listed with the serial numbers assigned to them and indicates for each of them information about admission or inadmissibility to participate in the auction. If a participant is refused, this decision must be justified. The documentation or law that the participant violated should be identified.
The protocol is sent to the ETP and placed in the Unified Information System before the end of the application review period. The trading operator must send all participants a notification of the customer’s decision within an hour after receiving the protocol.
It happens that not a single application, as a result of consideration of their first parts, is launched for the auction. In this case, it is considered that the auction did not take place.

Bidding procedure

The auction date is indicated in the documentation. It is held in 2 days after consideration of the first parts of applications. If this day falls on a weekend, then the next day is the first working day. The time is assigned by the operator and depends on the time zone.

All participants admitted to the procedure gather in the “auction hall” at the ETP on the appointed day and time. When the auction begins, they submit their price bids. The price step cannot be less than half a percent of the NMCC or the current minimum bid of the participant. You can only improve your own application, that is, submit another one with a lower price. However, if the best entry is yours, you cannot improve it further until another participant does so. It is also prohibited to submit an application with a price equal to zero. More details, price offers and price increments can be read in a separate material.

If within 10 minutes after the last bid no one has “outbid” it, the auction is considered completed.

It happens that two participants receive the same requests. In this case, the winner will be the one whose application is recorded first.

For the next 10 minutes, participants can submit offers with a price not lower than that of the winner. It can be anything between the NMCC and the leader price. In this case, the calculation is made that at the stage of consideration of the second parts of applications, some of them may be rejected.

Auction protocol

Based on the results of the auction, the operator generates a protocol in which he indicates information about the initial contract price and all the latest bids from participants, distributed in ascending order of price. That is the participant who submitted the best application will be assigned the number “1”. For each application, the time at which it was received is recorded. In addition, the protocol indicates the address of the ETP, as well as the start and end time of trading. The protocol is posted on the site within 30 minutes after the end of the auction.

Within the next hour, the operator must send to the customer:

auction protocol;
the second parts of the applications of all participants, which are ranked in the protocol under numbers 1-10;
documents from the register of accredited participants.

In addition, notification of the auction results is sent to its participants.

It happens that in the first 10 minutes of trading no one submitted a single offer. Then it is considered that the auction did not take place. The operator publishes a protocol in which he indicates the ETP address, the start and end time of the auction and the initial price of the contract.

If an auction participant does not understand something in the auction results, he can send a request for clarification. The response to the operator is given 2 working days.

If the price “crosses zero”

During bidding, the contract price may be reduced to zero. By submitting the following proposals after this, the participants will compete among themselves for the right to conclude a contract with the customer. The final price will be paid by the winning bidder to the customer for the conclusion of the contract. Such an auction can be held for up to 100 million rubles. A participant cannot submit an application for an amount exceeding the value of a major transaction, which is published in the Register on the ETP. The contract security in this case is calculated not from the price offered by the winner, but from the initial price.

Consideration of the second parts of applications

The customer commission reviews the second parts of applications from participants who took first to fifth place at the end of the auction. The review process lasts no more than 3 working days. The only basis for rejecting the second part of the application is lack of necessary information or presence of inaccurate information.

When all applications have been considered, the customer draws up a protocol for summing up the results of the auction. It indicates serial numbers 5 best applications and a note is made about their compliance with the requirements. If the application is found to not meet the requirements, it is necessary to indicate what exactly was violated. For each application, the decision of each member of the commission is indicated.

Participants who take the first 3 places cannot withdraw their applications. All other participants can do this by sending a notification to the ETP operator.

The winner of the auction is the participant who offered minimum price- provided that the second part of his application meets the requirements. If the auction “passes 0”, then the participant who offers the highest price wins.

The protocol is published in the Unified Information System no later than the next working day. In addition, within an hour the ETP operator must notify all participants about the results of consideration of applications.

If no second part of the application meets the requirements, the auction is recognized failed.

If a participant does not agree with the actions of the customer or ETP operator, he may.

Conclusion of a contract based on the results of an electronic auction

The customer enters into a government contract with the participant who is declared the winner. During 5 days After posting the final protocol, the customer publishes a draft contract in the Unified Information System. It must contain data from the winner’s application and the price offered by him. First, the contract is signed by the performer. He has 5 days from the date of placement of the project in the Unified Information System in order to provide security and sign. As a result, he must post a signed contract and a document confirming the payment of security.

The customer is the last to sign the contract. He can do it no earlier than 10 days from the date of publication of the final protocol.

Anti-dumping and additional enforcement measures

If during bidding the contract price falls by more than a quarter of the initial price, anti-dumping measures come into force. They are as follows:

If the NMCC is more than 15 million rubles, the amount security increases by one and a half times.
If the NMCC is less than 15 million rubles, you can either provide increased security (clause 1) or provide contracts executed without penalties.

For some procurement items that fall into the category of vital goods, additional requirements have been established. These are food products, medicines, emergency supplies, and fuel. To confirm the seriousness of its intentions, the participant must provide the customer with one of the documents:

A letter of guarantee from the manufacturer, which indicates the price and quantity of goods shipped to the supplier.
A document that confirms that the supplier has the goods needed for delivery.
Other documents confirming that the supplier is able to fulfill its obligations and deliver the purchased item at the price offered.

Drawing up a protocol of disagreements

Law 44-FZ does not allow changing the essential terms of the contract. However, the supplier may notice some inaccuracies in the project proposed by the customer for signature: discrepancy between the data and what is indicated in the notice, auction documentation or participant’s application. In this case, a protocol of disagreements is drawn up. It indicates what exactly does and does not correspond.

Next 3 days are given to the customer for a response. And it could be like this:

a new version of the contract with corrected inaccuracies pointed out by the supplier (without the customer’s signature);
the contract in the old version plus a document justifying why changes cannot be made.

Now already 3 days the supplier has the opportunity to sign a contract or send a new protocol of disagreements. An unlimited number of such protocols can be submitted. However, the following rule must be followed: the latest protocol can be sent to the customer no later than 13 calendar days from the date of publication of the final protocol of the auction.

When all disagreements are resolved and the contractor has signed the contract, the customer has 3 days to sign.

Avoidance of signing a contract

The auction winner will be recognized as having evaded concluding a contract if he violates the following rules:

fails to sign the contract within the prescribed period and send it to the customer;
will send a protocol of disagreements after 13 days from the date of publication of the final protocol of the auction;
fails to provide security or provides security that does not meet the requirements.

The customer has the right to go to court to claim damages from the auction winner that resulted from his refusal to conclude the contract. As for purchasing, then the contract can be concluded with participant No. 2. If he gives his consent, then within 10 days the customer sends him a draft contract. If participant No. 2 refuses, then a decision is made to declare the auction invalid.

The auction did not take place

So, the electronic auction was declared invalid. What's next? The course of action depends on whether there are bidders for the contract or not.

There is only one contender

Only one application can be submitted to the auction. Or several applications were submitted, but based on the results of consideration of the first parts, it was decided that only one of them meets the requirements. That is, only one participant is allowed to participate in the auction. It is clear that in such a situation it cannot be carried out, however, a contract can be concluded with the participant, as with a single supplier.

The site operator must send the participant’s documents to the customer no later than one business day after the deadline for accepting applications. Next, the auction commission will review his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up in which the customer will indicate his decision. If the customer is found to meet all requirements, a contract will be awarded to him.

There are participants, but there are no price offers

Another possible option is when the auction is declared invalid - the participants admitted to it did not submit price proposals during the auction. In this case, the customer reviews all second parts of the applications and determines which of the auction participants fully meets the requirements. The contract will be concluded with those of them who are recognized as eligible and submitted an application earlier than others.

There are no contenders

This is possible in a situation where no bids were received for the auction or, based on the results of consideration of the first parts, none of them were found to meet the requirements. In this case, the customer must change his planning documents and carry out. If the provisions of Law 44-FZ allow, the purchase can be carried out in another way.

Normative base

The obligation to purchase certain goods and works only by EA is established by Part 2 of Art. 59. The list was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, and can also be additionally established by a subject of the Russian Federation.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, inter alia, for the following objects:

agricultural goods and services;
mining products;
food and beverages;
cloth;
paper;
medicines;
computer equipment;
construction work, etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned Government order.

Exceptions to the rules

The customer has the right not to conduct an EA even if the subject of the order is in the above list in the following cases.

1. If possible, conduct a two-stage or limited participation competition.

For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Resolution No. 99 dated 02/04/2015, it is possible to hold a competition with limited participation in the supply of food products purchased for educational and other organizations, with NMCC more than 500,000 rubles.

2. When purchasing food products and drinks purchased for institutions providing educational process and recreation for children, medical organizations, social service institutions, children’s recreation organizations.

3. When purchasing children's clothing.

4. When carrying out work on the construction, reconstruction, overhaul of particularly dangerous, technically complex and unique objects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance. Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited participation competition, depending on the size of the NMCC for these specialized works.

5. When providing services for providing food and servicing ritual events (weddings, banquets on the occasion of the birth of a child, anniversary).

6. When purchasing souvenir and gift ballots for voting in elections and referendums.

7. When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list in other ways in the following cases:

for an NMCC not exceeding 500,000 rubles - a request for quotation (or in accordance with Articles 75, 76, regardless of the size of the NMCC on the territory of a foreign state or for the provision of medical care);
when ordering from a single supplier, according to Art. 93. For example, with NMCC not exceeding 100,000 rubles;
when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a restriction for the open tender procedure, and not a condition for holding an auction.

Responsibility for choosing the procurement method

Art. 7.29 of the Code of Administrative Offenses establishes liability for making an incorrect decision in choosing the method for determining the supplier in the form of imposing an administrative fine in the amount of up to 50,000 rubles.

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