What does an auction step mean? Participation in an electronic auction: step-by-step instructions. I am interested in the auction history of a particular customer. Where can I watch it?

Electronic auction is enough the hard way procurement, which involves the customer performing a series of sequential actions in established by law No. 44-FZ deadline. In this article we will talk about each stage of the electronic auction and the timing.

At school electronic trading- This professional retraining for suppliers and customers under 44-FZ and 223-FZ. Online, with experts.
In Law No. 44-FZ, an electronic auction is understood as a method of determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.

For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.

1. Placing a notice of an electronic auction and documentation in the Unified Information System (UIS).

In order to communicate information about the purchase to an unlimited number of people, the customer places a notice of the auction in the Unified Information System.

The minimum deadlines for posting a notice in the Unified Information System are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMCP). Thus, for NMTsK not exceeding 3 million rubles, a notice must be placed no less than 7 days before the deadline for submitting applications for participation in electronic auction, with NMCC more than 3 million rubles. - no less than 15 days.

Law No. 44-FZ does not establish a special procedure for calculating deadlines. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period defined by the period begins the next day after the calendar date or event that determines its beginning.

A notice of an electronic auction should be placed so that the period between the day the notice is posted and the closing date for filing applications is at least 7 (15) calendar days.

The Ministry of Economic Development of Russia adheres to a similar position (letter dated August 28, 2015 No. OG-D28-11486).

Customers should be very careful about the timing of posting a notice of procurement, since for shortening the deadline for submitting applications, a fine of 30 thousand rubles may be imposed on the customer's official. (Part 8 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction can be canceled by order of the control body.

2. Placement in the Unified Information System of clarifications of the provisions of the documentation on the electronic auction.

Clarifications of the documentation must be placed in the UIS within 2 days from the date of receipt of the participant’s request from the operator of the electronic platform.

Moreover, if a request comes later than 3 days before the deadline for submitting applications, the customer must not respond to such a request. If the last day of the deadline for the customer to receive a request falls on a weekend, the end date of this period is the next working day (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).

3. Amendments to the notice of an electronic auction or auction documentation.

The customer can make a decision to make changes to the purchase notice or auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. The text of changes must be placed in the UIS within 1 day from the date of adoption of the said decision.

When making changes, you must ensure that there are at least 7 days, and with NMCC more than 3 million rubles. - at least 15 days. If necessary, the deadline for submitting applications is extended.

4. Refusal to conduct an electronic auction.

You can cancel the auction no later than 5 days before the application deadline. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only if a force majeure circumstance occurs.

5. Consideration of the first parts of applications for participation in the electronic auction.

Not later 1 working day, following the deadline for submitting applications for participation in the auction, the operator of the electronic platform sends the first parts of applications to the customer. The auction commission is obliged to check the received applications in order to determine the persons admitted to participate in the auction.

The first parts of applications for participation in an electronic auction must be considered within the period established in the notice and documentation about the auction, which cannot exceed 7 calendar days from the closing date for applications.

The protocol for consideration of applications must be sent to the operator of the electronic platform and posted in the Unified Information System no later than the deadline for consideration of applications.

6. Determination of the winner of the electronic auction.

An electronic auction is held on an electronic platform on the day and time specified in the notice of the electronic auction. The start time of the auction is set by the operator of the electronic platform. The day of the electronic auction is the working day following the expiration 2 days from the date of expiration of the period for consideration of the first parts of applications for participation in such an auction.

After the start of the auction, the time limit for submitting price proposals is 10 minutes. This time is automatically extended after the next proposal from one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another price proposal (not lower than the last proposal for the minimum contract price).

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

The second parts of applications are sent by the operator of the electronic platform to the customer within 1 hour after posting the protocol of the electronic auction on the electronic platform.

The second parts of applications for participation in the electronic auction must be considered within 3 working days from the date of posting the protocol of the electronic auction on the electronic platform. The protocol for summing up the results of the auction is published in the Unified Information System no later than 1 working day, following the date of its signing.

8. Conclusion of a contract with the winner of the electronic auction.

The customer is obliged to place in the Unified Information System a draft contract with the included conditions for its execution proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the Unified Information System the protocol for summing up the results of the electronic auction.

If the winner of an electronic auction places a protocol of disagreements in the Unified Information System, the customer is obliged to consider and take into account the winner’s comments (or refuse to take these comments into account) within 3 working days after posting the protocol of disagreements in the EIS (on an electronic platform).

If the winner sends a protocol of disputes after 13 days After the protocol for summing up the results is posted in the Unified Information System, there is no need to reconcile disagreements. In this case, the winner of the electronic auction is recognized as having evaded concluding a contract.

After the draft contract signed by the winner of the electronic auction is posted in the UIS (on the electronic platform), the customer is obliged to sign it if the winner has provided adequate security for the execution of the contract.

It is advisable to check the provided security immediately after the provision of security by the winner of the electronic auction. If a bank guarantee is presented as collateral, the customer must review it within no more than 3 working days from the date of receipt.

The customer must sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the UIS (on the electronic platform) the protocol for summing up the results of the electronic auction.

It is worth considering that if the last day of the deadline for signing the draft contract by the winner is a non-working day, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter dated June 1, 2015 No. D28i-1449).

If the winner of an electronic auction is recognized as having evaded concluding a contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date the auction winner is recognized as having evaded, and also no later than 3 working days from the date of conclusion of the contract with the second participant, send information about the winner who evaded concluding the contract.

In order not to get confused in the main deadlines provided for by Law No. 44-FZ, we suggest you use the table below:

1. Only participants registered in the unified information system, accredited on the electronic platform and admitted to participate in such an auction can participate in an electronic auction.

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

3. The day of an electronic auction is the business day following the expiration date for consideration of the first parts of applications for participation in such an auction. In this case, an electronic auction, if included in the procurement documentation in accordance with clause 8 of part 1 of Article 33 of this Federal Law of project documentation is carried out four hours after the deadline for submitting applications for participation in the specified electronic auction.

(see text in the previous edition)

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

5. If, in accordance with this Federal Law, the quantity of goods supplied, the volume of work to be performed, or services to be provided cannot be determined, an electronic auction is held by reducing the initial amount of prices for units of goods, work, or services in the manner established by this article.

(see text in the previous edition)

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to 5 percent of the initial (maximum) contract price.

(see text in the previous edition)

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

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

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

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

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

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

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

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

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

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

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

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

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

17. In the event of an electronic auction being held in accordance with Part 5 of this article, its participant who offered the most low price contract, the person who offered the lowest price for units of goods, work, or services is recognized.

(see text in the previous edition)

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

(see text in the previous edition)

19. Within one hour after posting the protocol specified in Part 18 of this article on the electronic platform, the operator of the electronic platform is obliged to send to the customer the specified protocol and the second parts of applications for participation in such an auction submitted by its participants, proposals for the contract price of which, when ranked in in accordance with Part 18 of this article, the first ten serial numbers were received, or if less than ten participants took part in such an auction, the second parts of applications for participation in such an auction submitted by its participants, as well as information and electronic documents these participants, provided for in Part 11 of Article 24.1 of this Federal Law. At the same time, when conducting an electronic auction, if project documentation is included in the procurement documentation in accordance with paragraph 8 of Part 1 of Article 33 of this Federal Law, the operator of the electronic site also sends to the customer the first parts of the applications of such participants as provided for in Part 3.1 of Article 66 of this Federal Law. Within the specified period, the operator of the electronic platform is obliged to send relevant notifications to participants.

(see text in the previous edition)

The electronic auction is a multi-stage competitive procurement procedure in accordance with the norms of 44-FZ. One of the most important stages– these are auctions during which admitted participants make their price offers.

Bidding within the framework of an electronic auction under 44-FZ is regulated in Art. 68. In the process of conducting an electronic auction, participants make their price offers taking into account the reduction of the NMCC by an amount within the established step of the electronic auction.

What is an auction step

An electronic auction is a special procurement procedure in which the participant who offers the lowest price wins. Within the framework of 44-FZ, this procedure is regulated by Art. 59-71 44-FZ.

Currently, classic auctions with a hammer in the hands of the auctioneer are practically not held, and they have been replaced. But the concept of “auction step” has retained its meaning and is used in the contract system today.

According to Art. 68 44-FZ, the auction step refers to the amount of contract reduction.

The peculiarity of an electronic auction is that participants submit price proposals not directly to the customer, but through. The list of ETP operators is approved by the Government and includes:

• JSC "Agency for State Order of the Republic of Tatarstan";
• JSC "TEK-Torg";
• JSC Electronic Trading Systems;
• LLC "Electronic trading platform GPB";
• JSC "Unified Electronic Trading Platform";
• CJSC Sberbank - Automated system bidding";
• JSC "Russian auction house" and LLC "RTS-tender".

Price proposals at the auction are submitted only by those auction participants who were admitted by the customers based on the results of consideration of the first part.

If the NMCC is no more than 300 million rubles. (2 billion rubles for construction work), then the bidding procedure is carried out on the next business day. If the NMCC is more than 300 million rubles, then the customer is given 3 days to review the first part of the application.

Step size

The price for executing the contract of the state customer is gradually reduced taking into account the auction step.

The auction step is set at 0.5-5% of the NMCC (in accordance with Part 6 of Article 68 of the 44-FZ). A participant in an electronic auction cannot arbitrarily reduce the price: he must do this strictly within one step.

For example, the NMCC of public procurement is 2 million rubles. The auction step, taking into account the established range of 0.5-5%, can be 10 thousand rubles. – 100 thousand rubles That is, each participant has the right to reduce the price in this range.

During bidding, participants can use various pitching tactics. In the first 10-20 minutes, experienced participants usually watch their competitors and are not active. During the auction process, some participants prefer to make price offers with a minimum increment of 0.5% in the last seconds, while others are more active and immediately submit price offers with a serious discount.

The most common is the first strategy, which allows you to maintain a high contract price for a long time.

There are currently no specific time frames that limit the duration of the auction. The minimum trading duration is 10 minutes. This situation is allowed if none of the participants makes their price offers.

The maximum duration of trading is not limited. Bidding will continue until all participants have exhausted their price offers. Within 30 minutes after the end of the auction, the ETP sums up the results and forms the tender, which is sent to the customer. Together with the protocol, the second parts of the application from the participants are transferred to the customer.

Features of the auction for the right to sign a contract

If, during an electronic auction, the contract price is reduced to 0.5% of the NMCC, then the auction is held for the right to sign a government contract.

This auction is carried out through an increase in the contract price, taking into account the following features:

1. It is carried out until the contract price reaches no more than 100 million rubles.
2. The auction step is no more than 5% of the amount of 100 million rubles.
3. The amount of security under the contract is calculated based on the NMCC specified in the procurement notice.
4. A participant cannot submit a price proposal for a contract higher than the maximum transaction amount for him, which is specified in the decision to approve a major transaction (such a decision is available in the register of auction participants who have been accredited for digital signature).

Thus, the auction step is the amount of reduction in the initial contract price. It is installed by the customer and recorded in the procurement documentation. The auction step size ranges from 0.5 to 5% of the NMCC. The maximum time interval between participants' proposals under 44-FZ is 10 minutes. If no new proposals are received within the specified framework, the auction is considered completed.

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An auction is the most popular form of procurement. Despite the fact that the traditional auction under the hammer has been replaced by an electronic auction, the very concept of an “auction step” has not lost its meaning.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

What is an e-auction step?

An electronic auction is used to determine a supplier when procurement information is transmitted to an unlimited number of persons. The main criterion for selecting the winner of the electronic auction is the lowest price offer.

To participate in the tender, participants first apply to participate, and if they pass the pre-selection, they are allowed to participate in the procurement procedure. The tender itself is held on an electronic trading platform, during which participants make their price offers.

The customer carries out the purchase in the form according to 44-FZ, regardless of what goods, works and services are purchased by him: he can use any of the OKPD2 codes. The exception is those cases when the procedure must be carried out in a closed format.

If the product was presented in the “auction list,” then the purchase must be carried out in electronic format (this includes clothing, medicines, construction services, etc.).

The concept of “auction step” is inextricably linked with procurement in the form of an auction.

According to the definition given in 44-FZ, The auction step is the amount of contract reduction(NMCC). It is contained in Art. 68 44-FZ, which regulates the procedure for conducting tenders in the form of an auction.

The rules that govern the auction step are necessary to regulate the trading procedure. They do not allow one thing to disrupt the purchase: sharply reduce the price and then avoid signing the contract.

At the same time, they do not allow unfair delays in bidding when participants constantly reduce the price by the minimum bid.

Step size

According to Part 6 of Art. 68 44-FZ, the auction step is set at 0.5 to 5% of the NMCC. This means that within one price offer a participant cannot reduce the cost by more than 5%. The minimum step value is 100 rubles. (this rule appeared in July 2018). The minimum step is used in small purchases worth up to 10 thousand rubles.

The need to regulate the minimum and maximum auction steps is due to the following reasons:

1. Auction participants do not have the right to submit a price proposal that is equal to or greater than that previously submitted by the same participant.
2. The participant has no right to submit a price proposal that is lower than the minimum proposal, reduced within a step.
3. The participant cannot submit a price proposal that is lower than the current proposal, if it was submitted by the same bidder.

The operator is responsible for ensuring that auction step requirements are met.

Thus, during the auction, the participant cannot repeat or increase his own price. For example, offer 2 million rubles first, and then 2.3 million rubles. Such offers will be considered void. Also, he cannot immediately reduce the price by 10% or make an offer with a zero price.

One participant at the first stage of the procurement cannot reduce its own price. For example, offer 3 million rubles, and after 5 minutes – 2.5 million rubles.

After the first stage of the auction is completed (when 10 minutes have passed since the lowest offer was submitted), each participant has the right to reduce his own price offered at the first stage, regardless of the step.

Participants use several tactics for submitting price proposals. So, in the first 10-20 minutes, many participants take a wait-and-see attitude. Some participants prefer to reduce the price by a minimum step in the first seconds and wait until the last to make a new price offer. Other procurement participants are more active and submit proposals with a significant price reduction (more than 0.5% of the NMCC).

Today, during an electronic auction, many do not directly participate in the auction. An electronic auction robot does this for them. It is quite simple to form: the minimum limit is indicated (the price for which the supplier is ready to fulfill the government contract) and the price reduction step used. As a result, the robot itself will place bets according to predetermined parameters.

After the start of the electronic auction, the participant can turn off the robot and start working in manual mode.

Time interval

Begin electronic trading according to the time set on the electronic platform, taking into account the time zone in which the customer works. Only accredited suppliers can participate.

In accordance with Federal Law No. 44 the maximum interval between participants' proposals is 10 minutes. If no proposals are received from procurement participants, the auction can be considered completed.

It is difficult to say how long the procurement procedure will last. Everything will depend on the number of participants, their desire to conclude this contract, and the starting price.

If no one makes a bid, the auction will last only 10 minutes, and the winner will be declared the participant who first submitted his bid to participate. This procedure will be recognized

We are holding an electronic auction for the purchase of a bank loan in the amount of RUB 100,000,000. The bank asks what the step size will be during the auction?

Answer