Conducting electronic trading. Conducting an electronic auction Publication of a notice of an auction

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

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

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

Step 5. Submitting an application for the auction

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

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

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 If there are any doubts about the correctness of the documents, the application can be withdrawn and resubmitted.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

Step 6. Review of the first parts of applications

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

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

Step 7. Participation in the electronic auction

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

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

There are many more overlaps than you can imagine.

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

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

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

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

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

Electronic auctions are a popular way to resolve various issues regarding government procurement or the acquisition of goods or services by various companies. The procedure is considered simple and quick, and does not require the investment of a significant amount of funds. An electronic auction allows numerous performers and producers to take part in it, which ensures freedom of competition in the country. The bidding process is regulated by Federal Law No. 44.

The concept of electronic auctions

This procedure consists of conducting trades using special trading platforms, abbreviated as ETP. This method of selecting a manufacturer or performer is considered beneficial for each company and the entire state.

Features of the process include:

• all suppliers who can provide the necessary goods or services are notified in advance of the online auction;
• information about this process is published in the Unified Information System;
• Any interested person who meets the requirements of the customer represented by the bidding initiator can participate in such an auction.

To participate in these auctions, you only need to correctly submit the appropriate application on a pre-selected site. The selection of the winner is based only on the price offered, so the auction is won exclusively by the company or individual who offers the lowest price for their services or goods.

Types of auctions

There are several varieties of these in electronic form, which can be represented by the following types:

• Basic or simple. It is carried out only after all available applications from performers or manufacturers have been studied. To participate in such auctions, all participants must submit applications, to which their documents are attached. The documentation must contain information that the performers meet the customer’s requirements. A description of the subject of purchase, represented by a service, product or work, must be indicated here. Additionally, there is information about the contractor himself, so copies of constituent documents, permits and other papers are transferred. As soon as all the contractors that meet the existing conditions are selected, a decision is made about who is allowed to bid. A special protocol is published by the customer after summing up the results, which sets out the procurement provisions. On the appointed day, auctions are held. The winner is the participant who offers the lowest price. Federal Law No. 233 indicates that it is permissible to reduce the cost to zero, and then increase it.
• A complex auction in which applications for participation in the electronic auction are submitted in two stages. It is considered specific, but more transparent, therefore it is highly effective in use. Such auctions are held on the basis of the provisions of Federal Law No. 94. The essence of holding open auctions in electronic form under such conditions is that all participants submit an application in two parts. The content of each part is determined by the direct customer. Such auctions are conducted exclusively electronically, since only such conditions guarantee the anonymity of participants. After the decision is made, tenders are held. All companies participate in the auction electronically under certain numbers, so it is impossible to find out their name. The winner is chosen based on the lowest bid price. Next, we consider the second parts of the applications, where there is information about the participants, presented by their charters, permits, certificates and other papers. Some participants may deviate at this stage. The winner is the company that is accepted to participate in both parts and offers the lowest price.

Thus, each has its own rules and characteristics. Simple auctions are most commonly used, but large public companies prefer to use transparent and efficient complex auctions.

What is the auction step?

When drawing up procurement regulations, the customer must indicate what the auction step will be. It can be presented in several versions:

• fixed, suggesting installation of approximately 5% of the minimum initial price;
• floating, in which certain percentage limits are established;
• with a decreasing step if there are no suitable offers, for example, if the rate is set at 5%, then if there are no offers it is reduced by several percent;
• an arbitrary number suggests the possibility of reducing the price even by 1 kopeck, but this option is used extremely rarely, as this often leads to an artificial delay in trading.

An open auction in electronic form is most often carried out with a floating step, since this solution is considered effective. The limitation in this case can be not only in percentage, but even in amount.

Trading time

The customer independently decides how long the auction will be held. To conduct a trade auction, you can choose two options:

• a fixed time is established during which the bidding will be conducted, for example, the procedure begins at 10:00 and ends at 15:00, but this option is considered not very effective, since it is not always possible to obtain the desired result by the end of the process;
• an auction that extends until the last bid is received, for example, the process begins at 10:00 and ends when the last bid is submitted.

The selected option must be indicated in the procurement regulations. Additionally, it is indicated whether the auction will be regular or electronic.

Open or closed?

An electronic auction can be open or closed. Each option has its own nuances. In the first case, information about the auction is published on the official website of the enterprise, as well as on the selected electronic platform where the auction will be held. Under such conditions, each company can submit an application to participate in an open auction in electronic form.

If there is no publication about the auction in open sources and on the customer’s official website, then the company may choose to hold a closed auction. Under such conditions, the procurement plan is not included in the auction, and only persons who are specifically invited by the buyer are participants.

Even when using an open auction, it is not allowed to publish in different sources information that is a state secret or included in the information on procurements on which a decision has been made by the Government. All this information is listed in Federal Law No. 223

Additionally, each customer has the right not to publish information about purchases if no more than 500 thousand rubles are spent on them.

Pros of open auctions

Organizing an auction electronically has many undeniable advantages. The advantages of open bidding include:

• Even organizations located at a considerable distance from the customer’s location can participate in the auction;
• it is even possible to attract foreign companies to participate;
• a good level of competition is ensured;
• the possibility of corruption is reduced;
• Conducting an auction on electronic platforms does not require spending a lot of time or money on placing an application or completing the bidding;
• even small companies can win large government contracts;
• the possibility of using non-price methods of competition is prevented;
• all procedures are carried out in a short period of time;
• processes are open and transparent;
• all applications are confidential, and high security of the auction is ensured;
• all participants have equal rights.

For many enterprises, this method of participating in an auction is still considered unusual. Therefore, some companies are wary of electronic participation in an auction. But usually business managers are aware of the convenience and attractiveness of this process.

When is it held?

All nuances of this auction must be guided by legal requirements. According to Federal Law No. 44, an electronic auction is held by the customer if he requires different works, services or goods, and it does not matter which product classifier is established. However, the limitations of this law are taken into account.

There are some situations where it is absolutely necessary to use electronic auction platforms for procurement. These include:

• purchase of agricultural goods;
• provision of services related to agriculture;
• performing work related to the mining sector;
• purchasing food or drinks;
• purchasing paper or computer equipment;
• execution of construction work;
• purchase of medicines.

Each region may establish its own list of purchases or works for which electronic tendering is required. Even in the above list, according to Federal Law No. 44, an electronic auction is not always held. For example, it is not required if it is planned to carry out construction work under complex or specific conditions. Additionally, this includes the purchase of food products for various educational institutions, since the management of such institutions may decide to hold tenders in which a limited number of companies will participate.

According to Federal Law No. 44 (Article 59), an electronic auction may provide for the possibility of applying various relaxations in relation to the obligations to conduct auctions. For example, if a price is initially set that does not exceed 500 thousand rubles, then the customer can request quotes even if the auction being held is not included in the mandatory list.

Nuances of bidding on government contracts

The state effectively uses various tenders to provide companies with government contracts. Such activities are considered effective and beneficial for companies, and they are even considered to be equivalent to various benefits or subsidies offered to businesses.

By law, customers represented by the state or municipalities are required to provide up to 20% of supplies to small businesses. This is because smaller firms can concentrate on specialized and niche products and offerings, so they can deliver truly high-quality products.

Government orders can be placed using different methods, which include:

• conducting bidding represented by electronic auctions;
• request for quotations;
• purchasing goods from a single supplier or performing work by a single contractor.

Request for quotations is rarely used, since in this case the cost of the lot itself should not exceed 500 thousand rubles. For government orders, this price is considered too low. Competitions are held in the presence of specific purchases, which require assessment not only by cost, but also by other significant factors.

Therefore, accessible and easy-to-use electronic auctions are most often used. They not only save a lot of time and money, but are also an effective method of combating corruption schemes. Their use guarantees high transparency of concluded transactions.

Auction process

The procedure is divided into several stages, and each of them has its own nuances and characteristics.

The companies themselves must know how to carry out the process in order to secure a lucrative contract.

Auction Search

Initially, firms must find the best options for submitting an application. To do this, you need to go to the Official All-Russian website, where you can submit applications a week or 20 days before the start of trading.

An auction is selected taking into account the specifics of the company’s activities, and the initial maximum participation price is also taken into account. There are 5 electronic platforms in Russia: Sberbank AST, RTS-tender, OJSC MICEX State Purchases, State Unitary Enterprise Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan.

Each site has its own list of auctions and the ability to search for suitable auctions.

Registration of digital signature

To participate in electronic trading, a company must have an electronic digital signature. It is purchased from certification centers that are accredited on the specific electronic platform where it is planned to participate in the auction.

Registration of an electronic signature is considered not a very complicated process, but it takes about three days. It is on the basis of such a signature that each electronic document can be assigned legal status. Due to this, each participant becomes financially responsible for all decisions made during the auction.

Accreditation

The next stage involves accreditation at the selected site. To do this, fill out the appropriate form on the site’s website.

The application is accompanied by the company's constituent documents, minutes of decision and other papers. All requirements of the organization are assessed in advance. Additionally, the browser is configured correctly.

The application for the electronic auction is reviewed within five days, after which access to participation in the auction is confirmed. If there is a negative decision, then it must be due to compelling reasons, so obstacles and errors must be listed. There are no restrictions on the number of attempts to obtain accreditation.

After accreditation, access to the user’s personal account is provided, through which applications for participation in tenders are submitted.

Money transfer

To participate in the auction, you must have the required amount of money in your account.

If representatives of small businesses participate, then it is required to transfer approximately 2% of the initial order price. In other situations, the payment is 5% of this value. Only if you have the required amount of funds can you submit an application.

Formation of an application

To participate in the auction, it is important to correctly formulate your application. To do this, all official documents on the site are first studied. The application consists of two parts:

• the first anonymous part includes the company’s consent to supply goods or provide services, as well as their characteristics;
• the second part includes information about the participant himself, so documents confirming the company’s compliance with the buyer’s requirements are attached to it.

As soon as the deadline for submitting applications ends, an electronic auction protocol is created, which contains information about who is allowed to participate.

Direct auction

Participants in the bidding process must take into account how much time is left until the end of the auction, as well as what the auction step is. Each participant has only 10 minutes to decide on a price reduction.

The auction will be completed if after 10 minutes there is no better offer from other companies. Next, a protocol is automatically compiled containing data on the best bets. All participants are represented by numbers, so it is impossible to understand which company won.

At the end of the auction, customers receive information about the contractor, for which the content of the second part of the applications is revealed. The contract is sent to the winner. In this case, security is provided equal to up to 30% of the initial maximum cost.

Thus, electronic auctions are considered a profitable, efficient and reliable way to select a contractor for various orders. They are held only at a limited number of sites. To participate in the auction, accreditation at the site is required. The process of participation in the auction involves the completion of several successive stages. By participating in tenders, fair and free competition between different companies is ensured.

According to paragraph 4 of Art. 24, paragraph 1, art. 59 of Federal Law N 44-FZ, an electronic auction (auction in electronic form) should be 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. In this article we will consider the main stages of conducting an auction in electronic form.

General provisions

The customer is obliged to conduct an auction in electronic form in the case when the purchase of goods, works, services included in the list established by Order of the Government of the Russian Federation of October 31, 2013 N 2019-r, or in the additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when purchasing goods, works, services to meet the needs of a constituent entity of the Russian Federation.

However, the customer has the right to make purchases through an electronic auction for the purchase of goods, works, and services not included in the specified lists (Clause 3, Article 59 of Federal Law No. 44-FZ).

It is advisable to use this method of identifying suppliers (contractors, performers) in the case when the customer does not need to evaluate the proposals of participants on the quality of goods (qualifications of participants, work experience, etc.), but to purchase goods (works, services) from a single supplier or by requesting quotations is not permitted by law.

At the same time, there are restrictions on the procurement of goods (works, services) through an auction in electronic form. In the case where the customer is obliged to use closed methods for identifying a supplier, an electronic auction is not held (Clause 2, Article 84 of Federal Law No. 44-FZ).

Since Federal Law No. 44-FZ does not provide for other restrictions on the use of an electronic auction to determine a supplier, if there is no need to use closed methods, the issue of holding an electronic auction must be decided by the customer independently, taking into account the advantages and disadvantages of this method.

Procedure for the customer to conduct an electronic auction

The procedure for the customer to conduct an electronic auction for the purchase of goods (works, services) can be divided into the following stages:
- preparation for an electronic auction;
- preparation of documents for holding an electronic auction;
- posting information about the electronic auction;
- identification of participants in the electronic auction;
- determination of the winner of the electronic auction;
- conclusion of a contract with the winner of the electronic auction.

Let's consider the main points of these stages.

Preparing for an electronic auction. In order to avoid organizational failures and violations during the auction, the customer must plan its actions, determine deadlines and distribute functions between departments and responsible executors.

If the customer does not have an auction (single) commission, it is necessary to make a decision on its creation before the start of the procurement, as well as determine the composition of the commission, the procedure for its work and appoint the chairman of the commission (Clause 2 of Article 39 of Federal Law No. 44-FZ).

The auction or single commission must include at least five people: these must be predominantly persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object.

The composition of the created auction (unified) commission must be approved by order. In addition, a regulation on the auction (unified) commission should be developed and approved.
At the same time, to organize the electronic auction procedure, the customer has the right to engage, on the basis of a contract, a specialized organization to perform certain functions as determined by the supplier, including developing auction documentation, posting a notice of an electronic auction in the unified information system, and performing other functions related to ensuring that the supplier is identified (clause 1, article 40 of Federal Law No. 44-FZ).

A specialized organization performs the above functions on behalf of the customer. At the same time, rights and obligations as a result of the implementation of these functions arise with the customer.

When attracting a specialized organization to conduct an electronic auction, functions such as creating a procurement commission, determining the initial (maximum) price of the contract, the subject and essential terms of the contract, approving the draft contract, auction documentation and signing the contract are performed by the customer.

Preparation of documents for conducting an electronic auction. To conduct an electronic auction, the customer must develop documentation about it and place it in the Unified Information System (on the official website) (Clause 1, Article 59 of Federal Law No. 44-FZ).

Article 63 of Federal Law No. 44-FZ establishes the deadlines for the development and approval of auction documentation:
- if the initial (maximum) contract price (lot price) does not exceed 3 million rubles. - documentation is posted in the unified information system no less than seven days before the deadline for filing applications for participation in such an auction (clause 2);
- if the initial (maximum) contract price (lot price) exceeds 3 million rubles. - no later than 15 calendar days (clause 3).
Documentation about the electronic auction must contain the information specified in clause 1 of Art. 64 Federal Law N 44-FZ.

Posting information about the electronic auction. Simultaneously with the placement of documentation on the conduct of an electronic auction in the unified information system, the customer should place a notice of such an auction (Clause 1, Article 65 of Federal Law No. 44-FZ).
According to the norms of Federal Law N 44-FZ, the notice must indicate:
- information about the customer (authorized body, contract service, contract manager, persons responsible for concluding the contract). These include the name of the organization, location, postal address, email address, contact telephone number, information about the responsible official (clause 1 of article 42, clause 5 of article 63);
- information about the terms of the contract, namely the name and description of the procurement object, information about the quantity and place of delivery of goods, the place of performance of work or provision of services, the timing of delivery of goods or completion of work or the schedule for the provision of services, the initial (maximum) price of the contract and its justification, source of procurement financing (budget level from which the procurement is carried out, budget classification codes) (clause 2 of article 42);
- information about restrictions on participation in the electronic auction. Information is provided on who may be a procurement participant and the rationale for the restriction (clause 4 of Article 42);
- method of determining the supplier - electronic auction (clause 5 of article 42);
- deadline, place and procedure for submitting applications from procurement participants (clause 6, article 42);
- the amount and procedure for depositing funds as security for applications for participation in the procurement, as well as the conditions of the bank guarantee (clause 7 of Article 42);
- the amount of security for the execution of the contract, the procedure for providing this security, requirements for this security, information about banking support for the contract (clause 8 of Article 42).

In the notice of an electronic auction, along with the information specified in Art. 42, are written:
- address of the electronic platform on the Internet;
- expiration date for consideration of applications for participation in the auction in accordance with clause 2 of Art. 67 Federal Law N 44-FZ;
- date of the auction in accordance with clause 3 of Art. 68 Federal Law N 44-FZ. If the date of the auction falls on a non-working day, the day of the auction is postponed to the next working day;
- account details for depositing funds as security for bids of participants in such an auction and the amount of security for these bids;
- benefits provided by the customer in accordance with Art. 28-30 of Federal Law N 44-FZ;
- requirements for participants in this auction and an exhaustive list of documents that must be submitted by auction participants in accordance with paragraphs. 1, 2 clause 1 and clause 2 art. 31 of Federal Law N 44-FZ (if the above requirements are present);
- conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons.
At the same time, by virtue of clause 3 of Art. 65 of Federal Law N 44-FZ, any participant in an electronic auction who has received accreditation on an electronic platform has the right to send to the address of the electronic platform on which the auction is planned to be held, a request for clarification of the provisions of the documentation about this auction. Moreover, an auction participant has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the said request, it is sent by the operator of the electronic platform to the customer.
Within two days from the date of receipt of the request from the operator of the electronic platform, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from whom the request was received, provided that the specified request was not received by the customer later than three days before the deadline for filing applications for participation in the auction.
If a request is received later than three days before the deadline for submitting applications, the customer must not respond to it.

Identification of participants in an electronic auction. An application to participate in an electronic auction can only be submitted by persons who have received accreditation on the electronic platform. The application must consist of two parts. The first part of the application is filled out in accordance with the requirements for its content and instructions for its completion, which are given in the documentation about the electronic auction. The requirements for the content of the first part of the application are established by the norms of paragraph 3 of Art. 66 Federal Law N 44-FZ. The second part of the application for participation in the electronic auction must contain the documents and information specified in clause 5 of Art. 66 Federal Law N 44-FZ. This law states that to require a participant in an electronic auction to provide other documents and information, with the exception of those provided for in paragraphs 3 and 5 of Art. 66 documents and information are not allowed.

A participant has the right to submit an application for participation in an electronic auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for filing applications for participation in the auction provided for in the documentation for such an auction. The participant must send the application to the operator of the electronic platform in the form of two electronic documents containing two parts of the application.

When the auction commission checks the first parts of applications for participation in an electronic auction, the compliance of the information specified in it with the requirements established by the documentation of such an auction in relation to the purchased goods, works, and services is revealed. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for their submission.
Based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission makes a decision on the admission of the procurement participant who submitted the application to participate in the auction and recognition of this procurement participant as a participant in this auction or on refusal of admission to participation in such an auction in the manner and on the grounds , provided for in paragraph 3 of Art. 67 Federal Law N 44-FZ.

The auction commission formalizes its decision in a protocol for considering applications for participation in the electronic auction, signed by all members of the auction commission present at the meeting no later than the expiration date for consideration of these applications. The protocol must contain information:
- about the serial numbers of applications for participation in the auction;
- on the admission of a procurement participant to participate in the auction and on his recognition as an auction participant or on refusal of admission to participate in the auction with the justification for this decision, including indicating the provisions of the documentation on the electronic auction, which the application for participation in it does not comply with, provisions applications for participation in such an auction that do not meet the requirements established by the documentation about it;
- on the decision of each member of the auction commission in relation to each participant in the electronic 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.

No later than the expiration date for consideration of applications for participation in the electronic auction, this protocol must be sent by the customer to the operator of the electronic site and posted in the unified information system.
Within one hour from the moment the operator of the electronic platform receives the protocol, the operator of the electronic platform 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 submitted them applications.

When the auction commission makes a decision to refuse admission to participation in an electronic auction of its participant, the notification of this decision must contain the rationale for its adoption, including indicating the provisions of the auction documentation that this application does not comply with, the proposals contained in the said application, which do not comply with the requirements of the auction documentation, 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 the decision to refuse.

Determining the winner of the electronic auction. An electronic auction is held on an electronic platform on the day indicated in the notice, which is the business 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.
The start time of the 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.
The essence of an electronic auction is to reduce the initial (maximum) contract price specified in the notice of such an auction.
According to paragraph 6 of Art. 68 of Federal Law N 44-FZ, the amount of reduction in the initial (maximum) contract price (auction step) is from 0.5 to 5% of the initial (maximum) contract price.

During 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.
Federal Law N 44-FZ establishes that from the start of an electronic auction on an 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 submission deadline, must be indicated. contract price proposals.

During an electronic auction, the operator of the electronic platform is obliged to reject proposals for the contract price that do not meet the requirements provided for in Art. 68 Federal Law N 44-FZ.
Within thirty minutes after the end of the electronic auction, the operator places a protocol of its conduct on the electronic platform. It publishes:
- address of the electronic platform;
- date, start and end time of the auction;
- the initial (maximum) price of the contract, all minimum proposals for the contract price made by auction participants "and ranked in descending order, indicating the serial numbers assigned to applications for participation in the auction, which were submitted by its participants who made corresponding proposals for the contract price, indicating time of receipt of these proposals.
The operator of the electronic platform is obliged, within one hour after posting the protocol on the electronic platform, to send to the customer the said protocol and the second parts of applications for participation in the auction submitted by its participants, whose contract price proposals received the first ten serial numbers when ranking. If less than ten participants took part in such an auction, the operator of the electronic site sends the second parts of applications for participation in the auction submitted by its participants, and the documents of these participants given in paragraphs. 2-6 and 8 p. 2 tbsp. 61 Federal Law N 44-FZ. In addition, during this period, the operator of the electronic platform is obliged to send appropriate notifications to the named participants.

The auction commission reviews the second parts of applications for participation in the electronic auction and documents sent to the customer by the operator of the electronic site, in terms of compliance with their requirements established by the documentation for such an auction. Based on the results of their consideration, a decision is made on the compliance or non-compliance of the application with the requirements established by the auction documentation (Clause 1, Article 69 of Federal Law No. 44-FZ).
The results of consideration of applications for participation in the electronic auction are recorded in the protocol of summing up the results of the auction. The protocol is signed by all members of the auction commission participating in the consideration of applications no later than the business day following the date of signing of the specified protocol; the results are posted by the customer on the electronic platform and in the unified information system.

The protocol must contain information about the serial numbers of five applications for participation in the electronic auction, in respect of which a decision was made on compliance with the requirements established by the auction documentation. If, based on the consideration of the second parts of the applications submitted by all its participants who took part in it, a decision is made on the compliance of more than one application with the established requirements, but less than five applications, information about their serial numbers, a decision on compliance or non-compliance of the applications with the requirements is also indicated established by the auction documentation, with the rationale for this decision and indicating the provisions of Federal Law N 44-FZ, which the participant in such an auction does not comply with, the provisions of the auction documentation, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction, which do not meet the requirements established by the documentation about it, information about the decision of each member of the auction commission in relation to each application.

From paragraph 10 of Art. 69 of Federal Law N 44-FZ it follows that the winner of the electronic auction is the participant who offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about it.

Conclusion of a contract with the winner of the electronic auction. According to paragraph 1 of Art. 70 of Federal Law N 44-FZ, based on the results of an electronic auction, a contract is concluded with its winner, and in cases provided for in this article, with another participant whose application for participation in such an auction is recognized as meeting the requirements established by the auction documentation.

The customer places in a unified information system without his signature a draft contract, which is drawn up by including the contract price proposed by the participant in the electronic auction with whom the contract is concluded, information about the product (trademark and (or) specific indicators of the product) specified in the application for participation in such auction of its participant, in the draft contract attached to the auction documentation. To do this, the customer is given five days from the date of posting the protocol for summing up the results of the electronic auction in the unified information system.

In turn, the winner of the electronic auction, within five days from the date the customer posted the draft contract in the unified information system, places in the unified information system a draft contract signed by a person entitled to act on behalf of the winner of this auction, as well as a document confirming the provision of security for the execution of the contract and signed with the enhanced electronic signature of the named person.

A contract signed with an enhanced electronic signature of a person entitled to act on behalf of the customer in a unified information system is posted by the customer within three working days from the date of placement in the unified information system of a draft contract signed with an enhanced electronic signature of a person entitled to act on behalf of the winner of the electronic auction, and the provision by such winner of security for the performance of the contract.

The contract is concluded on the terms specified in the notice of an electronic auction and documentation about such an auction, at the price offered by its winner.

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

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

5. If, in the case provided for in paragraph 2 of Article 42 of this Federal Law, the documentation for an electronic auction indicates the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction is held by reducing the amount of these prices 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, but not less than one hundred rubles.

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

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction for the contract price is set at ten minutes from the start of such an auction until the expiration of the deadline for submitting proposals for the contract price, as well as ten minutes after the receipt of the last proposal for the contract price. The time remaining before the deadline for submitting proposals for the contract price is updated automatically, using software and hardware that ensures the holding of such an auction, after the initial (maximum) contract price has been reduced or the last proposal for the contract price has been received. If during the specified time no proposal for a lower contract price is received, such an auction 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 lowest contract price is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price per unit of work and (or) technical services maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic platform by its operator within thirty minutes after the end of such 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, received the first ten serial numbers, 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 of these participants, provided for in Part 11 of Article 24.1 of this Federal Law. During this period, the operator of the electronic platform is also obliged to send appropriate notifications to these participants.

(see text in the previous edition)

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

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

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

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

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

2) a participant in such an auction does not have the right to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision to approve or to carry out transactions based on the results of such an auction on behalf of the procurement participant;

(see text in the previous edition)

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