Deadline for consideration of an application for an electronic auction. Consideration of applications for participation in the electronic auction. Contract performance report

The first parts of applications for participation in electronic auction contain the country of origin Russia, one application China. At what stage does country variation occur?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and receive electronic signature, by what rules to conclude contracts during the transition period and after.

According to the provisions of Law No. 44-FZ, a participant in an electronic auction is not allowed to participate in it if he fails to provide the information provided for in Part 3 of Article 66 of Law No. 44-FZ or provides false information; as well as in the event of a discrepancy between the information provided for in Part 3 of Article 66 of Law No. 44-FZ and the requirements of the documentation about such an auction.

Thus, if in the first part of the application for supply a product is offered that does not meet the documentation requirements (in this case, a product originating from a foreign country, from China), then such an application is subject to rejection.

In accordance with clause 6 of part 5 of Article 66 of Law No. 44-FZ, documents confirming the compliance of the proposed goods with the conditions, prohibitions and restrictions established on the basis of Article 14 of Law No. 44-FZ, or copies of these documents, are provided in the second part of the application.

Based on the above, if in the first part of the application the participant indicates that a product is offered for delivery, for example, of Russian origin, but supporting documents (certificate of form No. ST-1, copies of such a certificate) are not presented in the second part of the application, then such an application is subject to rejection based on the results of consideration of the second parts of applications.

Resolution No. 791 does not contain the condition that applications that do not contain a certificate of form No. ST-1 are subject to rejection only if at least 2 procurement participants have such a certificate.

Consideration of the first parts of applications for participation in the electronic auction under 44-FZ

The customer reviews the first parts of applications and decides whether to admit the applicant to the auction. An application can be rejected only in cases specified in Law 44-FZ. If you break the rule, the responsible employee will pay a fine of up to 30,000 rubles. In what cases should a participant be allowed to participate in the auction, and when should an application be rejected, read the recommendations below.

What participants indicate in the first part of the application

You purchase goods.

In the application, the participant states his agreement to supply the goods under the conditions established by the customer:

trademark;
service mark;
trade name;
patents;
utility models;
industrial designs.

Mandatory information - country of origin of the product. It is confirmed by the participant with a declaration or certificate of origin of the goods (Part 2 of Article 59 of the Customs Code).

If the participant supplies an equivalent product, he or she shall indicate in the application the equivalence indicators from the documentation.

The participant must write down specific indicators that meet the conditions from the documentation and indicate the characteristics of the product.

When reviewing the first parts of applications, be guided by the procurement documentation. For example, if the documents do not indicate either a trademark or the name of the country of origin of the product, then the participant must indicate specific indicators and the country of origin. In other cases, the participant has the right to simply express consent to supply goods for which the trademark and name of the country of origin are indicated in the documentation.

How to review the first parts of applications

The auction commission checks within seven days whether the first parts of the applications meet the documentation. The deadline is counted from the date after the day when you finished accepting applications (Article 191 of the Civil Code of the Russian Federation).

The commission decides whether to admit the applicant to the auction and recognize it as a procurement participant or refuse.

Do not admit a participant who has not provided necessary information, provided false information or whose information does not correspond to the procurement documentation. You cannot refuse for other reasons.

The rules are described in parts 1-5 of Article 67 of Law No. 44-FZ.

If the information in the first part of the application is unreliable, remove the participant at any stage of the auction (Part 6.1, Article 66 of Law No. 44-FZ).

Document the decision in a protocol. The document is signed by all members of the commission who were present at the meeting. This must be done no later than the date you finish reviewing applications. At the same time, send the protocol to the operator electronic platform and place it in the EIS.

Please indicate in the protocol:

Serial numbers of applications.
Admission of the applicant to the auction and recognition as a procurement participant.
Refusal to admit a participant to the auction. Justify the refusal by indicating the provisions of the application that do not correspond to the procurement documents and which points of the documentation are violated.
The decision of the members of the auction commission for each participant.

If you allow only one participant to the auction or reject all bids, the auction will not take place. Write this down in the protocol.

The requirements for the protocol are listed in parts 6-8 of Article 67 of Law No. 44-FZ.

Consideration of the second parts of applications for participation in the electronic auction

An application for participation in an electronic auction consists of two parts, which the applicant submits simultaneously. Consider the first parts. In two days, the operator of the electronic platform will hold an auction and draw up a protocol that will be posted on the site. Within an hour, the operator will send the protocol to the customer, and along with it the second parts of the applications of the 10 participants who offered the best prices. If less than 10 applicants participate in the procurement, the operator will transfer all applications. Also obtain documents from the register of participants. This procedure is established in Part 19 of Article 68 of Law No. 44-FZ.

For information on how to review the second parts of applications and how to draw up a final protocol, read the recommendations below.

How to check the second parts of auction bids

The auction commission checks the second parts of the applications and decides whether the application complies with the procurement documents. This must be done within three working days from the date when the operator of the electronic platform published the protocol of the auction.

Make a decision on five applications. If there are fewer than 10 bidders in the auction and fewer than five bids meet the documentation requirements, consider all bids. First, consider the application of the participant with the lowest contract price, then - according to the numbers assigned to the applications by the operator of the electronic platform (Part 18, Article 68 of Law No. 44-FZ).

If fewer than five participants meet the documentation requirements, send a notice to the operator of the electronic platform. The operator will provide all second parts of applications within an hour.

Each member of the commission makes a decision on each application. Then a majority vote makes a general decision - whether the application meets the procurement documentation or not. A protocol is drawn up.

This is stated in parts 1-5 and 8 of Article 69 of Law No. 44-FZ.

In what cases does the application not meet the documentation requirements?

Law No. 44-FZ lists cases when an application does not meet the procurement documentation.

Reject the application if the participant:

1. Did not provide the following documents and information:

name - for a legal entity, full name - for an individual;
a copy of an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs. He must receive the document no earlier than six months before applying for accreditation;
a copy of the passport - for an individual;
certified translation into Russian of documents about state registration a legal entity or individual as an individual entrepreneur under the laws of another state - for foreign participants;
copies constituent documents participant - for legal entities;
copies of documents with which the applicant will confirm his authority: decision on election, power of attorney (clause 5, part 2, article 61 of Law No. 44-FZ);
approval decision major deal on behalf of a legal entity. The document must contain the maximum amount of one transaction.

2. Did not indicate information and documents for the first and second parts of the application, which are provided for by parts 3 and 5 of Article 66 of Law No. 44-FZ.

3. Submitted documents and information, but they do not meet the requirements of the documentation or are unreliable.

4. Does not meet the requirements for a procurement participant.

Such rules are established in Part 6 of Article 69 of Law No. 44-FZ. For other reasons, an application cannot be rejected (Part 7, Article 69 of Law No. 44-FZ).

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

2. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for filing these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, such period cannot exceed one working day from the deadline for filing these applications.

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

4. A participant in an electronic auction is not allowed to participate in it in the following cases:

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

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

5. Refusal of admission to participate in an electronic auction on grounds not provided for in Part 4 of this article is not permitted.

6. Based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission draws up a protocol for considering applications for participation in such an auction, signed by all its members present at the meeting of the auction commission no later than the expiration date for consideration of these applications. The specified protocol must contain the following information:

1) about the identification numbers of applications for participation in such an auction;

2) on the admission of a procurement participant who has submitted an application to participate in such an auction, which has been assigned the appropriate identification number, to participate in such an auction and recognition of this procurement participant as a participant in such an auction or on refusal of admission to participate in such an auction with justification for this decision, in including indicating the provisions of the documentation about such an auction, which the application for participation in it does not meet, the provisions of the application for participation in such an auction, which do not meet the requirements established by the documentation about it;

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

4) on the presence, among the proposals of procurement participants recognized as participants in the electronic auction, proposals for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively performed, provided by foreign persons, if the conditions, prohibitions, restrictions on the admission of goods , works, services are established by the customer in the electronic auction documentation in accordance with Article 14 of this Federal Law.

7. The protocol specified in Part 6 of this article, no later than the expiration date for consideration of applications for participation in the electronic auction, is sent by the customer to the operator of the electronic site and is posted in the unified information system.

8. If, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction to all procurement participants who submitted applications to participate in it, or to recognize only one procurement participant who submitted application for participation in such an auction by its participant, such auction is declared invalid. The protocol specified in Part 6 of this article shall contain information about the recognition of such an auction as invalid.

9. Within one hour from the moment the operator of the electronic site receives the protocol specified in Part 6 of this article, the operator of the electronic site is obliged to send a notification to each participant in the electronic auction who submitted an application to participate in it, or to the participant in such an auction who submitted a single application to participate in it. about the decision made in relation to the applications submitted by them, information about the presence among the proposals of procurement participants recognized as participants in the electronic auction, proposals for the supply of goods of Russian origin if the documentation on the electronic auction establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed or provided by foreign persons, in accordance with Article 14 of this Federal Law. If the auction commission makes a decision to refuse admission to participation in such an auction of its participant, the notification of this decision must contain the rationale for its adoption, including indicating the provisions of the documentation about such an auction, which this application does not comply with, the proposals contained in this application, which do not comply with the requirements of the documentation for such an auction, as well as the provisions federal laws and other regulatory legal acts Russian Federation, the violation of which served as the basis for this decision to refuse.

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· Admission and evaluation of applications

Consideration of applications before the deadline for consideration of the first parts of applications established in the notice

Can a unified procurement commission review applications and place a protocol before the end date for consideration of the first parts of the application established in the notice?

Based on Part 2 of Art. 67 of the Law on the Contract System, the period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for submitting these applications.

By virtue of paragraphs. 2, 3 hours 5 tbsp. 63 of the Law on the Contract System in the notice of an electronic auction along with the information specified in Art. 42 of this law indicate:

expiration date for consideration of applications for participation in such an auction in accordance with Part 2 of Art. 67 of the Law on the Constitutional Court;
the date of such an auction in accordance with Part 3 of Art. 68 of the Law on the Constitutional Court. If the date of such an auction falls on a non-working day, the day of such auction is postponed to the next working day.

According to paragraph 3 of Art. 2 of the Federal Law of 06/03/2011 No. 107-FZ “On the calculation of time”, the calendar date is the serial number of the calendar day, the serial number or name of the calendar month and the serial number of the calendar year.

So, according to Modern economic dictionary(Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B.) date is an indication of the day, month and year of drawing up and signing of the document, its entry into force.

Thus, in our opinion, the notice of an electronic auction indicates:

date (in the form of day, month and year) of the end of the period for consideration of applications for participation in such an auction in accordance with Part 2 of Art. 67 of the Law on the Constitutional Court;
date (in the form of day, month and year) of such an auction in accordance with Part 3 of Art. 68 of the Law on the Constitutional Court.

Based on Part 6 of Art. 67 of the Law on the Contract System, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission draws up a protocol for considering applications for participation in such an auction, signed by all its members present at the meeting of the auction commission no later than the expiration date for consideration of these applications.

Thus, the protocol for the consideration of applications for participation in such an auction must be signed by all its members present at the meeting of the auction commission no later than the date (in the form of day, month and year) of the end of the period for consideration of these applications. In other words, the date (in the form of day, month and year) of the end of the period for consideration of these applications is the last day on which the protocol for consideration of applications for participation in such an auction must be signed.

In turn, by virtue of Part 7 of Art. 67 of the Law on the Contract System, the protocol specified in Part 6 of the same article, no later than the expiration date for consideration of applications for participation in the electronic auction, is sent by the customer to the operator of the electronic site and is posted in the unified information system.

In other words, the date (in the form of day, month and year) of the end of the period for consideration of these applications is the last day on which the protocol for consideration of applications for participation in such an auction must be sent by the customer to the operator of the electronic platform and posted in a unified information system.

According to Part 3 of Art. 68 of the Law on the Contract System, the day of an electronic auction is the working day following the expiration of two days from the expiration date of the period for consideration of the first parts of applications for participation in such an auction.

At the same time, in accordance with Part 6 of Art. 63 of the Law on the Contract System, the customer has the right to decide to make changes to the notice of an electronic auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object during such an auction is not allowed. Within one day from the date of acceptance this decision the customer places the specified changes in the unified information system. In this case, the period for filing applications for participation in such an auction must be extended so that from the date of posting the changes made to the notice of such auction until the expiration date for filing applications for participation in such an auction, this period is no less than fifteen days or , if the initial (maximum) contract price (lot price) does not exceed 3 million rubles, no less than seven days.

Thus, you should not change the expiration date for consideration of applications for participation in the auction, as well as the date of the auction during the consideration of applications.

Taking into account the above, the customer should consider applications for participation in the auction on the day the deadline for consideration of applications ends and on the same day the protocol for considering applications for participation in the auction should be sent to the operator of the electronic platform and posted in the unified information system.

FOR REFERENCE

Additionally, we inform you that by virtue of sub-clause. "l" subp. 2 p. 13 Model provision(regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631, when identifying suppliers (contractors, performers) contract service places in the unified information system or prior to the commissioning of the said system on the official website notices of procurement, procurement documentation and draft contracts, protocols provided for by the Law on the Contract System.

Thus, the auction commission does not post in the unified information system or before the commissioning of the specified system on the official website the protocols provided for by the Law on the Contract System, including the protocol for considering applications for participation in such an auction.

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· Contract

Contract performance report

Should I post a monthly contract performance report if the contract requires payments to be made quarterly? What is considered a stage of execution if the contract does not specify the stages of execution, there are only terms and conditions of payment? When creating a contract card for environmental protection, one stage is indicated - the whole year.

It should be noted that the Law on the Contract System does not contain the concept (definition) of “contract stage”.

We remind you that according to Part 13 of Art. 34 of the Law on the Contract System the contract includes required condition on the procedure and terms of payment for goods, work or services, on the procedure and terms for the customer to accept the delivered goods, work performed (its results) or services provided in terms of compliance of their quantity, completeness, volume with the requirements established by the contract, as well as on the procedure and terms registration of the results of such acceptance.

Moreover, if we're talking about about the stages of contract execution, then these stages, in our opinion, should be spelled out in the contract “literally”, for example:
“Stage 1: from ___ to ____ (start and end dates of the stage are indicated); Stage 2: ___ to _____" etc.
At the same time, it must also be clearly indicated which fulfillment of obligations of the parties is included in one or another stage. Staged payment may also be provided.

The specified payment schedule (quarterly) refers to the payment procedure (Part 13 of Article 34 of the Law on the Constitutional Court) and is not equivalent to the “stages” of contract execution.

" IMPORTANT!
Accordingly, you should not transmit quarterly information about the execution of a contract stage and post reports (including monthly) on the execution of a contract stage.

Let us remind you that according to Part 9 of Art. 94 of the Law on the Contract System, the results of a separate stage of contract execution (with the exception of a contract concluded in accordance with paragraphs 4 or 5 of Part 1 of Article 93 of the Law on the Constitutional Court), information about the goods supplied, work performed or service rendered are reflected by the customer in the report , placed in a unified information system and containing information:

on the execution of the contract (the results of a separate stage of contract execution, the delivery of goods, the work performed or the service rendered, including their compliance with the schedule), on compliance with intermediate and final deadlines for the execution of the contract;
about improper performance of the contract (indicating the violations committed) or about non-fulfillment of the contract and about the sanctions that were applied in connection with the violation of the terms of the contract or its non-fulfillment;
about changes or termination of the contract during its execution.

In accordance with Part 10 of Art. 94 of the Law on the Contract System, the report is accompanied by a conclusion on the results of the examination of a separate stage of contract execution, goods delivered, work performed or service rendered (if the customer engages experts, expert organizations to carry out the examination of a separate stage of contract execution, goods delivered, work performed or services rendered ) and a document on acceptance of such results or another document determined by the legislation of the Russian Federation.

According to Part 11 of Art. 94 of the Law on the Contract System, the procedure for preparing and posting in the unified information system the report specified in Part 9 of this article, the form of the said report are determined by the Government of the Russian Federation.

The specified procedure and form of the report are defined in Decree of the Government of the Russian Federation dated November 28, 2013 No. 1093 “On the procedure for preparing and posting in a unified information system in the field of procurement a report on the execution of a state (municipal) contract and (or) on the results of a separate stage of its execution.”

Let us repeat that, in our opinion, the stages of delivery of goods, performance of work, provision of services are determined only if they are directly (literally) provided for in the contract.

If the customer’s contract does not include quarterly payment as a separate stage of contract execution and when generating information about the contract for submission to the contract register, the switch remains set to “One stage”, such a contract (regardless of the subject) is single-stage (one year).

Accordingly, a report on the execution of the contract must be prepared once (after the full completion of the contract); there is no need to make reports on stages.

Thus, when concluding actually one-stage contracts (where one year is considered as a stage), there is also no need to attach quarterly/monthly acts on services rendered; you can attach a final summary act under the contract when posting a report on the execution of the entire contract.

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· Contract

Examination of a contract concluded on the basis of paragraphs. 8 and 29 art. 93 of the Law on the Constitutional Court

Is it necessary to conduct an examination of the work performed under a contract concluded on the basis of paragraphs. 8 and 29 art. 93 of the Contract System Law?

By virtue of paragraphs. 8, 29 hours 1 tbsp. 93 of the Law on the Contract System, purchase from a single supplier (contractor, performer) can be carried out by the customer in the following cases:

provision of services for water supply, sewerage, heat supply, gas supply (except for services for the sale of liquefied gas), connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, storage and import (export) narcotic drugs and psychotropic substances (clause 8, part 1, article 93 of the Law on the Constitutional Court);
concluding an energy supply agreement or a purchase and sale agreement electrical energy with a guaranteeing supplier of electrical energy (clause 29, part 1, article 93 of the Law on the Constitutional Court).

According to clause 1, part 1, art. 94 of the Law on the Contract System, contract execution includes the following set of measures implemented after the conclusion of the contract and aimed at achieving procurement goals through interaction between the customer and the supplier (contractor, performer) in accordance with civil law and this law, including acceptance delivered goods, performed work (its results), rendered services, as well as individual stages of delivery of goods, performance of work, provision of services (hereinafter referred to as a separate stage of contract execution) provided for by the contract, including examination of the delivered goods, results in accordance with the same law work performed, services provided, as well as individual stages of contract execution.

Thus, the examination of the delivered goods, the results of the work performed, the service rendered, as well as individual stages of the contract execution is an element of acceptance of the delivered goods, the work performed (its results), the service rendered, as well as the individual stages of the contract execution provided for by the contract.

Based on Part 2 of Art. 94 of the Law on the Contract System, the supplier (contractor, performer), in accordance with the terms of the contract, is obliged to provide timely reliable information about the progress of fulfilling its obligations, including about difficulties arising during the execution of the contract, and is also obliged to provide the customer with the results by the deadline established by the contract delivery of goods, performance of work or provision of services provided for by the contract, while the customer is obliged to ensure acceptance of the delivered goods, work performed or services rendered in accordance with the same article.

We inform you that by virtue of Part 3 of Art. 94 of the Law on the Contract System, in order to verify the results provided by the supplier (contractor, performer) provided by the contract, in terms of their compliance with the terms of the contract, the customer is obliged to conduct an examination. The examination of the results stipulated by the contract can be carried out by the customer on its own, or experts and expert organizations can be involved in its implementation on the basis of contracts concluded in accordance with the same law.

Thus, the customer is obliged to ensure that an examination of the delivered goods, work performed or service provided is carried out in accordance with Art. 94 of the Law on the contract system.

Analysis of Art. 94 of the Law on the Contract System showed that this law does not contain exceptions for procurement on the basis of paragraphs. 8, 29 hours 1 tbsp. 93 of the Law on the contract system. Therefore, the customer is obliged in accordance with Art. 94 of the Law on the Contract System to ensure the examination of the results provided for by the contract concluded during procurement on the basis of paragraphs. 8, 29 hours 1 tbsp. 93 of the Law on the contract system.

Experts of the electronic system "State Order" e-gz .ru

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· Contract

Coordination of the conclusion of a contract with the control body when the auction is declared invalid

In what cases is an auction declared invalid not requiring approval of a contract with the control body?

Law No. 498-FZ in clause 25, part 1, art. 93 of the Law on the Contract System, amendments have been made according to which purchase from a single supplier (contractor, performer) can be carried out by the customer if an open tender, a tender with limited participation, a two-stage tender, a repeated tender, an electronic auction, a request for quotations, a request for proposals are declared invalid in accordance with parts 1 and 7 art. 55, part 1–3.1 art. 71, parts 1 and 3 art. 79, part 18 art. 83 of the Law on the contract system.

Coordination of the conclusion of a contract in the specified cases, with the exception of cases of concluding contracts in accordance with Parts 4 and 5 of Art. 15, part 1–3.1 art. 71, parts 1 and 3 art. 79 of the Law on the contract system, is carried out when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively federal body executive power authorized to exercise control in the field of procurement, or a control body in the field of state defense procurement, an executive body of a constituent entity of the Russian Federation, an authority local government municipal district or local government body of a city district authorized to exercise control in the field of procurement.

Contract with sole supplier(contractor, performer) is concluded in the cases provided for in Parts 1–3.1 of Art. 71 within the time limits established according to Art. 70 of the Law on the Contract System.

" IMPORTANT!
Thus, the obligation to coordinate the conclusion of a contract with a single supplier (contractor, performer) based on the results of declaring any electronic auction invalid (in accordance with Parts 1–3.1 of Article 71 of the Law on the Constitutional Court) is excluded. It has been determined that a contract with a single supplier (contractor, performer) in the cases provided for in Parts 1–3.1 of Art. 71 of the Law on the Constitutional Court is concluded in the terms and manner established according to Art. 70 of the Law on the Contract System without agreement with the control body.

Let us remind you that in accordance with Part 1 of Art. 71 of the Law on the Contract System in the event that the electronic auction is declared invalid on the grounds provided for in Part 16 of Art. 66 of the Law on the Contract System due to the fact that after the deadline for submitting applications for participation in such an auction, only one application for participation in it has been submitted, the contract is concluded with the participant in such an auction who has submitted the only application for participation in it, if this participant and the submitted they recognized the application as meeting the requirements of the Law on the contract system and the documentation for such an auction, in accordance with clause 25, part 1, art. 93 of the Law on the contract system in the manner established by Art. 70 of the Law on the Contract System.

In accordance with Part 2 of Art. 71 of the Law on the Contract System in the event that the electronic auction is declared invalid on the grounds provided for in Part 8 of Art. 67 of the Law on the Contract System due to the fact that the auction commission decided to recognize only one procurement participant who submitted an application for participation in such an auction as its participant, a contract with the only participant in such an auction, if this participant and the application submitted by him for participation in such an auction are recognized as complying with the requirements of the Law on the contract system and the documentation for such an auction, is concluded in accordance with clause 25, part 1, art. 93 of the Law on the Constitutional Court in the manner established by Art. 70 of the Law on the Constitutional Court.

In accordance with Part 3 of Art. 71 of the Law on the Contract System in the event that the electronic auction is declared invalid on the grounds provided for in Part 20 of Art. 68 of the Law on the Contract System due to the fact that within ten minutes after the start of such an auction, none of its participants submitted a proposal for the contract price, the contract is concluded in accordance with clause 25, part 1, art. 93 of the Law on the contract system in the manner established by Art. 70 of the Law on the Constitutional Court, with a participant in such an auction, the application for participation in which was submitted:

earlier than other applications for participation in such an auction, if several participants in such an auction and the applications submitted by them are recognized as complying with the requirements of the Law on the Contract System and documentation on such an auction;
the only participant in such an auction, if only one participant in such an auction and the application submitted by him are recognized as complying with the requirements of the Law on the Contract System and the documentation for such an auction.

In accordance with Part 3.1 of Art. 71 of the Law on the Contract System in the event that the electronic auction is declared invalid on the grounds provided for in Part 13 of Art. 69 of the Law on the Contract System due to the fact that the auction commission decided that only one second part of the application for participation in it meets the requirements established by the documentation for the electronic auction, the contract with the participant in such an auction who submitted the specified application is concluded in accordance with paragraph 25 hours 1 tbsp. 93 of the Law on the contract system in the manner established by Art. 70 of the Law on the Constitutional Court.

" IMPORTANT!
That is, for example, if the auction was declared invalid in 2015 on the basis of Part 1 of Art. 71 of the Law on the Contract System, then there is no need to send documents to the relevant control body to approve the conclusion of a contract with a single supplier (contractor, performer) based on the results of declaring an electronic auction invalid (for concluding a contract on the basis of clause 25, part 1, article 93 of the Law on KS). The contract is concluded without agreement with the control body.

Additionally, we inform you that on January 21, 2015, a joint letter of the Ministry of Economic Development of Russia and the FAS of Russia No. 658-EE/D28i /ATs/1587/15 dated 01/20/2015 “On the position of the Ministry of Economic Development of Russia and the FAS of Russia on the issue of application of the legislation of the Russian Federation on the contract system in the field of procurement when considering applications for approval of a contract with a single supplier (contractor, performer) based on the results of declaring an electronic auction invalid” (hereinafter referred to as the Joint Letter).

The Joint Letter states that the need for approval in accordance with clause 25, part 1, art. 93 of the Law on the Contract System arises only if an open competition, a competition with limited participation, a two-stage competition, a repeated competition, or a request for proposals are declared invalid.

Appeals for approval of the conclusion of a contract with a single supplier (contractor, performer) based on the results of declaring the electronic auction invalid in accordance with Parts 1–3.1 of Art. 71 of the Law on the Contract System, according to which, as of December 31, 2014, the decision to approve or refuse to approve a contract with a single supplier (contractor, performer) has not been made, are subject to return due to the absence of FAS Russia and other control bodies in the field of procurement, the authority to agree on the possibility of concluding a contract with a single supplier (contractor, performer) in the specified case. Moreover, such contracts are concluded in accordance with clause 25, part 1, art. 93 of the Law on the Contract System without agreement with the control body in the field of procurement.

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This article will discuss what information should be contained in the first part of an application for participation in an electronic auction. In addition, we will analyze how customers evaluate this information and decide whether to allow the supplier to participate in the procedure.

What should be in the first part of the application

The set of information depends on what is:

product;
service or work;
service (work), for the provision (performance) of which a product is needed.

If goods are purchased

In the first part of the application, the participant expresses his willingness to deliver goods, corresponding to the given characteristics. In addition, the participant’s agreement with the delivery conditions specified by the customer in the documentation is confirmed.

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 ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

IN terms of reference Parameters of the subject of purchase may include such parameters as a trademark, company name, patent, design, and so on. In general, the law requires adding “or equivalent” to this phrase, but there are exceptions.

If a specific product name is specified, the participant can simply give his consent to its supply. If the supplier offers an equivalent, he must indicate in the first part of the application equivalence indicators. But it happens that the documentation does not include a mention of a trademark. In this case, the participant must write down specific indicators of the goods offered by him, thereby confirming that they comply with the parameters established in the documentation.

Also, the first part of the application must include information about the country of origin of the goods.

When listing the characteristics of a product, you can attach a photo, sketch, prototype or any other visual image.

By the way, if you attach a photo of a product that does not meet the customer’s conditions, but indicate characteristics of the right product, then the customer will not have the right to reject the application (decision Arbitration Court Stavropol Territory dated January 15, 2016 No. A63-9452/2015).

If works or services are purchased

When the subject of the purchase is the performance of work or the provision of services, it is enough to register your consent to fulfill all the requirements established in the auction documentation.

If work or services are purchased for which goods are needed

In this case, the supplier in the first part of the application gives his consent to carry out work or provide services, committing to:

when indicated in the documentation only trademark(when permitted) - use a specific product;
when indicating " or equivalent» - apply a specific product or its equivalent (the application lists the parameters of equivalence);
at lack of indication of a trademark- use a product that meets the characteristics specified in the documentation (these characteristics must be provided).

What cannot be requested in the first part of the application

The customer may not require, and the supplier must not indicate in the application, any information other than that mentioned above. The customer should not neglect this rule, otherwise the responsible official will be fined under Part 4.2 of Article 7.30 of the Code of Administrative Offenses for 3,000 rubles.

In addition, the customer should not require the participant to fill out an application in a specific form. The sample is included in the auction documentation, but the participant is not obliged to follow it.

Review of the first parts of applications by the customer

The consideration of the first parts of applications is allotted no more than 7 days from the date on which their acceptance is terminated. The commission reviews the applications and evaluates their compliance with the documentation requirements, after which it comes to a conclusion - which of the participants should be admitted to the procedure and whose applications should be rejected.

Applications are rejected in the following cases:

if presented incomplete information;
if the application does not meet the requirements, established in the documentation;
if the participant stated false information.

As for the latter circumstance, if it is identified, the customer is obliged to remove the participant at any stage of the auction.

But if the customer does not accept the application for any other reason, liability measures will be applied to him. In accordance with Part 2 of Article 7.30 of the Administrative Code, the fine for a customer official will be 5-30 thousand rubleslei.

Protocol for consideration of applications

When a decision has been made regarding each applicant, a final protocol of consideration of the first parts of the applications must be drawn up. The protocol is drawn up on the same day when the applications are considered. It is immediately sent to the ETP operator and also published in the UIS.

The protocol must contain the following information:

serial number of the application;
information that the applicant is admitted to the procedure and recognized as an auction participant;
information about refusal of admission to the auction(in this case, you need to provide a justification: application data that violates the customer’s documentation, as well as this violated provision of the documentation itself);
decision of each commission member regarding each person who submitted the application.

It happens that only one application for participation in the program is submitted, and sometimes only one or none of all submitted applications is allowed. In this case, the auction must be recognized failed. Information about this is reflected in the protocol.

This Federal Law, for compliance with the requirements established by the documentation of such an auction in relation to the purchased goods, works, and services.

3. Based on the results of consideration of the first parts of applications for participation in the electronic auction, containing the information provided for part 3 of article 66 of this Federal Law, the auction commission makes a decision on admitting a procurement participant who has submitted an application to participate in such an auction to participate in it and recognizing this procurement participant as a participant in such an auction or on refusing admission to participate in such an auction in the manner and on the grounds that provided part 4 of this article.

4. A participant in an electronic auction is not allowed to participate in it in the following cases:

5. Refusal of admission to participate in an electronic auction on grounds not provided for part 4 of this article is not permitted.

1) about the identification numbers of applications for participation in such an auction;

(as amended by Federal Law dated December 31, 2017 N 504-FZ)

(Clause 4 introduced by Federal Law dated December 31, 2017 N 504-FZ)

7. Specified in parts 6 of this article, the protocol, no later than the expiration date for consideration of applications for participation in an electronic auction, is sent by the customer to the operator of the electronic site and is posted in the unified information system.

8. If, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction to all procurement participants who submitted applications to participate in it, or to recognize only one procurement participant who submitted application for participation in such an auction by its participant, such auction is declared invalid. In the protocol specified in parts 6 of this article, information is entered on the recognition of such an auction as invalid.

9. Within one hour from the moment the operator of the electronic platform receives the information specified in parts 6 of this article of the protocol, the operator of the electronic site is obliged to send to each participant in the electronic auction who submitted an application to participate in it, or to the participant in such an auction who submitted the only application to participate in it, a notice of the decision made in relation to the applications they submitted, information about the presence of participants among the proposals procurement recognized by participants in an electronic auction, proposals for the supply of goods of Russian origin if the documentation on the electronic auction establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed or provided by foreign persons, in accordance with Article 14 of this Federal Law. If the auction commission makes a decision to refuse admission to participation in such an auction of its participant, the notification of this decision must contain the rationale for its adoption, including indicating the provisions of the documentation about such an auction, which this application does not comply with, the proposals contained in this application, which do not comply with the requirements of the documentation for such an auction, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, the violation of which served as the basis for this decision to refuse.

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