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Bidding for the overhaul of apartment buildings. Electronic auction for the overhaul of the building. The Procurement Commission does not allow the participant of the electronic auction to participate in the electronic auction in case of

27.11.2019
Bidding for the overhaul of apartment buildings. Electronic auction for the overhaul of the building. The Procurement Commission does not allow the participant of the electronic auction to participate in the electronic auction in case of

Terms of Reference - the main section of the auction documentation. It is necessary to set out in as much detail as possible the tasks facing the contractor and outline the scope of the work ahead. Proper detailing will help the procurement participant to outline a plan for completing the task and navigate the cost.

In this article you will read:

  • How to write terms of reference for an auction overhaul
  • What to consider when choosing a contractor for the overhaul of an apartment building
  • The nuances of an electronic auction for major repairs

Overhaul Auctions become a common practice. Despite the fact that the Federal Law on Public Procurement has been in force for almost two years, there are no fewer questions about its requirements. And for non-compliance with its provisions, liability is provided for both suppliers and customers.

Drafting terms of reference for the purchase of a major overhaul is important task for the customer. The inaccuracies made may initiate complaints from the participants of the procurement for unlawful non-admission to participate in the procurement or for the approval of documentation with violations federal law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

At the same time, the ability of the procurement participant to correctly fill out the application, which will comply with the provisions of the documentation of the mentioned Federal Law, largely depends on his further participation in the procurement, the opportunity to become a winner.

See also: Regional overhaul operators
called for greater transparency

Consider the judicial practice and practice of regulatory authorities in the field of procurement for performance of work for overhaul in some cases of drawing up a technical assignment for the customer and in terms of filling out an application for a procurement participant.

Inattention of the procurement participant when studying the terms of reference of the documentation on the electronic auction for the performance of major repairs and subsequent filling out an application for participation in it.

You can learn more about the topic in our advanced training courses:

Let's start with a classic example, when a procurement participant makes a mistake simply because he inattentively read the terms of reference of the documentation about electronic auction or misunderstood its content.

So, on April 22, 2014, the administration of the Alekseevsky municipal district of the Samara Region on the official website for placing information on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (www.zakupki.gov.ru, hereinafter referred to as the Official Website) An electronic auction was published for the execution of works to strengthen the foundation of the building.

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Recall that in accordance with paragraph 2 of part 1 of Art. 64 of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) into the electronic auction documentation, in addition to the information provided in notice of this auction, it is necessary to include requirements for the content, composition of the application for participation in such an auction in accordance with Parts 3–6 of Art. 66 of Law No. 44-FZ and instructions for filling it out. At the same time, it is not allowed to establish requirements that entail limiting the number of participants in such an auction or restricting access to participation in such an auction.

When a contract is concluded for the performance of work or the provision of a service, for the performance or provision of which the goods are used, by virtue of the provisions of paragraph 3 of part 3 of Art. 66 of Law No. 44-FZ, the following information must be included in the first part of the application for participation in an electronic auction:

  • consent at the request of paragraph 2 h. 3 Article. 66 of Law No. 44-FZ, including consent to the use of goods for which the auction documentation contains a trademark (its verbal designation), service mark, utility models, patents, industrial designs, company name (if any), name of the country of origin of the goods, or consent in accordance with the provisions of paragraph 2 of part 3 of Art. 66 of Law No. 44-FZ, an indication of the previously listed items and, if the participant of this auction offers for use a product equivalent to that contained in the auction documentation, specific indicators of this product corresponding to the equivalence values ​​established by this documentation, provided that it contains indications of all those obligatory items (trademark, etc.), as well as the requirement that an application for participation in such an auction contain an indication of the listed items - a trademark, a service mark, etc.;
  • consent in accordance with paragraph 2 h. 3 Article. 66 of Law No. 44-FZ, specific indicators of the goods used, which correspond to the values ​​\u200b\u200bestablished in the auction documentation, and an indication of all the same items listed earlier - trademark, trade name (if any), etc.

A participant in an electronic auction may not be allowed to participate in the established part 4 of Art. 67 of Law No. 44-FZ cases:

  • upon failure to provide specified in Part 3 of Art. 66 of Law No. 44-FZ information or provision of false information;
  • if provided h. 3 Article. 66 of Law No. 44-FZ, the information does not meet the requirements of the documentation for this auction.

The company “…” was denied admission to participate in the electronic auction on the basis of clause 1, part 4, art. 67 of Law No. 44-FZ due to the fact that she did not provide specific indicators: “RS-977: paragraph 1 of building nails; softwood boards; item 5 crushed stone; item 6 propane-butane technical; electrodes".

At the same time, for example, according to the indicator “building nails”, the participant had to submit in the first part of the application “building nails with a conical head, round (with a flat head, clubs with jumpers, clubs) P1.2–2.0 × 8–60 ( К1.8–3.0×32–80, Т1.8–3.0×32–80, ТП1.8–3.0×32–80) nail length, mm from 8 less than 90, rod diameter, mm over 1 less than 3.5, the mass of 100 round nails is not more than 4.33 kg.

It is also important to note the provision specified in the terms of reference for the electronic auction documentation: “if in the electronic auction documentation the value of indicators of a technical or functional parameter is minimum, maximum, accompanied by the words “at least”, “from”, “up to”, “more” , “over”, “no more”, “less”, “lower”, “not higher”, “type”, “not lower”, “or”, deviation “+/-”, then the procurement participant indicates specific (exact ) the parameters of the goods proposed by him for use without the words “not less”, “from”, “up to”, “more”, “over”, “not more”, “less”, “lower”, “not higher”, “type ”, “not lower”, “or”, “deviation”. If in the electronic auction documentation the values ​​of an indicator of a technical or functional parameter have an interval (range) indicated through a verbal designation, are listed separated by commas, and also using the words “from and to” simultaneously, then given value is accurate and cannot be changed. If the customer, when listing values ​​or their indicators related to determining the compliance of goods, works, services with the needs of the customer (color, brand, design, dimensions, etc.), indicated two indicators (values) or more, and the second and subsequent indicators (values) are enclosed in brackets, listed through a fraction or a dash, then these indicators (values) are considered as proposed for the selection of a single (specific), and in his application, the procurement participant indicates one such indicator (value) without brackets, fractions, dashes ".

At the same time, in the decision of the Samara OFAS Russia dated May 23, 2014 No. 374-8568-14/4, 375-8568-14/4, it was established that this company was denied admission due to the failure to provide specific indicators (notice No. 0142300040014000044 - construction nails, softwood boards , crushed stone, technical propane-butane, electrodes) of goods used in the performance of work. The company's application contained consent without specifying the specific characteristics of the product used in the performance of work.

The specified decision of the Samara OFAS Russia was declared invalid by the decision of the Arbitration Court of the Samara Region of August 21, 2014 in case No. A55-13486 / 2014, which was canceled by the decision of the Eleventh Arbitration Court of Appeal of October 23, 2014. The latter was left unchanged by the decision of the Arbitration Court of the Volga District dated 03/04/2015.

Thus, for example, in the considered case, the procurement participant had to indicate in the application the specific values ​​​​of such indicators of construction nails with a conical round head, such as length, for example, 10 mm, rod diameter 2 mm, weight of 100 round nails 4.33 kg (following the specified instructions ). Also, if available, it is necessary to indicate the trademark and the country of origin of the goods (for example, Russia).

Based on the foregoing, the procurement participant should carefully study the terms of reference of the electronic auction documentation, carefully fill out the application for participation in the electronic auction, and in case of detection of violations (for example, any inaccuracies, lack of specific instructions for filling out the application) use their right under ch. 6 “Appeal against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, an official of a contract service, a contract manager, an operator of an electronic site” of Law No. 44-FZ, appealing against the provisions of the documentation on an electronic auction (V this case in terms of specifications).

Indication of references to technical standards (for example, GOST) in the terms of reference of the documentation on the electronic auction for the performance of overhaul works.

Let's consider another issue that is relevant for both procurement participants and customers, regarding the indication in the terms of reference for the overhaul of references to technical standards, in particular state standards(GOST).

Recall that along with the information specified in the notice of the electronic auction, due to the requirements of paragraph 1 of part 1 of Art. 64 of Law No. 44-FZ, the documentation for this auction must contain the name and description of the procurement object and the terms of the contract in accordance with Art. 33 of Law No. 44-FZ, including the rationale for the initial (maximum) contract price.

When describing the object of procurement in the procurement documentation, the customer must follow the rules established by clauses 1, 2, part 1 of Art. 33 of Law No. 44-FZ, in particular:

  • the description of the object of procurement must be objective, indicating its functional, technical, quality and operational (if necessary) characteristics. It is not allowed to include in the description of the object of procurement requirements or instructions regarding a trademark, service mark, trade name, patents, utility models, industrial designs, appellation of origin of goods (manufacturer), as well as requirements for goods, information, works, services, if they limit the number of bidders. The exception is the impossibility in any other way to accurately and clearly describe the characteristics of the procurement object. The procurement documentation can include an indication of the trademarks of those goods that are expected to be used in the performance of work, the provision of services, but their supply is not the subject of the contract. At the same time, the words “or equivalent” must be present in the description of the procurement object. Exceptions: incompatibility of goods with other trademarks and the need to ensure their interaction with the goods used by the customer; when purchasing spare parts and Supplies to the machines and equipment used by the customer on the basis of technical documentation on these machines and equipment;
  • when describing the object of procurement, if possible, use standard indicators, requirements, conventions and terms, defining technical and quality characteristics object of procurement, established in accordance with the technical standards and regulations that are provided for by law Russian Federation on technical regulation. Otherwise, the need to use other requirements, designations, indicators and terminology must be justified as part of the procurement documentation.

Law No. 44-FZ provides (part 2 of article 33) for the mandatory inclusion in the procurement documentation of indicators that can be used to determine whether the purchased product, service, work meets the requirements established by the customer (part 1 of article 33). At the same time, the maximum (or) minimum values ​​​​of these indicators and constant values ​​\u200b\u200b(not changing indicators) are given.

In practice, there are cases when the customer in the terms of reference does not clearly set indicators that make it possible to determine the compliance of the purchased goods, work, services with the requirements established by the customer, as well as references to GOST in relation to such indicators.

For example, an organization on the Official website published an electronic auction for the overhaul of external fences (No. 0358100010014001530). The protocol of consideration of the first parts of applications No. 0358100010014001530–1 states that LLC “N” was denied admission to participate in the auction on the following grounds: “the application does not provide information on specific indicators that meets the requirements established in the Electronic Auction Documentation (not specified GOST, OST, TS for the materials used in paragraphs: 10, 11, 19, 22 according to YuVBHR and paragraphs 17, 20, 21, 23, 24, 25, 26, 31, 35 according to SKBHR according to the statement of work (Appendix 2 to the documentation about the electronic auction).

LLC "N" filed a complaint with the Rostov OFAS Russia against the actions of the auction commission. At a meeting of the commission of the antimonopoly authority, it was established that the terms of reference did not contain specific GOSTs, including items 10, 11, 19, 17, 20, 21, 23, 24, 25, 26, 31, 35 of the terms of reference of the documentation on electronic auction.

In other words, the customer, having not established references to specific GOSTs in the terms of reference of the electronic auction documentation, refuses admission to the procurement participant on the grounds that he did not indicate them in the first part of the application for participation in the electronic auction.

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Therefore, the Rostov OFAS Russia considered that the description of the procurement object in the auction documentation does not comply with Art. 33 of Law No. 44-FZ, which, given the customer's requirement for participants to indicate in the application GOST, OST, TU for all goods proposed for use in the performance of work, is a violation of Part 1 of Art. 64 of Law No. 44-FZ.

Also, the antimonopoly authority recognized that LLC “N” “fulfilled the requirements of Part 3 of Art. 66 of Law No. 44-FZ, gave a specific proposal, including in relation to the contested positions, namely: he indicated the technical and qualitative characteristics of the goods proposed for use when describing the positions. Thus, the auction commission, by illegally preventing N LLC from participating in the electronic auction, violated the provisions of Part 5 of Art. 67 of Law No. 44-FZ.

The said decision of the Rostov OFAS Russia dated September 25, 2014 in case No. 1902/03 on violation of the legislation of the Russian Federation on placing orders remained in force according to the decision of the Arbitration Court of the Rostov Region dated February 13, 2015 in case No. А53-30795/14, the decision of the Fifteenth Arbitration Court of Appeal dated April 14, 2015, by the decision of the Arbitration Court of the North Caucasus District dated July 7, 2015.

In addition, the Arbitration Court of the North Caucasus District, in its decision of 07.07.2015, noted that the customer's obligation to determine such indicators is due to the need to bring clear and accessible requirements for the composition and content of the application to the auction participants. It is necessary to comply with the specified provisions of Law No. 44-FZ in order to ensure publicity and transparency of procurement, and prevent corruption.

Continuing the theme technical standards Let's consider another typical case.

The organization published on the official website an electronic auction for the overhaul of the roof of the building (No. 033310000251400002). As a result of consideration of applications for participation, LLC "K" was not allowed to participate in this auction on the grounds that, in the first part of the application, they "did not offer specific indicators in relation to some of the goods established by the Terms of Reference. In particular, specific indicators established by GOST 1412–85 “Cast iron with lamellar graphite for castings” have not been selected. Brands”, GOST R 55375–2012 “Primary aluminum and alloys based on it. Marks".

In the Information Card of the documentation on the electronic auction (clause 4, section 1.3) on the general (functional, technical, quality, operational) characteristics of works (services), basic requirements, scope of works (services) and other requirements established by the customer for works, in including the result of the work, is referred to in the Technical part (Terms of Reference) - part II of this documentation.

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In paragraph 17 of Part II of the Terms of Reference for the documentation on electronic form it was found that the procurement participant needs to supply a “cast iron gutter funnel. ВР-А-100-00 Purpose: the purpose should be to remove rain and melt water from the roofs of residential, public and industrial buildings. Working medium: water. Material (main): cast iron. Building length L, mm: 600. Weight, kg: 17. Nominal diameter DN, mm: 100. From cast iron according to GOST 1412–85 “Cast iron with lamellar graphite for castings. Marks.

In the application of LLC "K" it is indicated: "a cast-iron gutter funnel. Place of origin "Russia". ВР-А-100-00 Purpose: intended for removal of rain and melt water from the roofs of residential, public and industrial buildings. Working medium: water. Material (main): cast iron. Building length L, mm: 600. Weight, kg: 17. Nominal diameter DN, mm: 100. Made of cast iron according to GOST 1412–85 Cast iron with lamellar graphite for castings. Marks".

In addition, in clause 20, part II of the Terms of Reference for the electronic auction documentation, it is established that the procurement participant must supply “Ceiling panels with Armstrong components. Dimensions, mm, not less than: 600×600×8. Smooth or perforated or micro-perforated. Material: metal. (Aluminum in accordance with GOST R 55375–2012 “Primary aluminum and alloys based on it. Grades”)”.

In the application of LLC "K" the following information is indicated: ceiling panels with components "Armstrong". Place of origin "Russia". Dimensions, mm, 600×600×8. Smooth. Material: metal. (Aluminum complies with GOST R 55375-2012 "Primary aluminum and alloys based on it. Grades".)

The commission of the Ivanovo OFAS Russia recognized that the first part of the application of OOO “K” for the indicated positions contains specific indicators of the goods used, which correspond to the values ​​established by the documentation for the electronic auction.

Also in sub. 3.2.2 p. 3 "Preparation of an application for participation in the auction in electronic form" sect. 1.2" General terms holding an auction in electronic form" of the documentation for an electronic auction establishes: "in the case of specifying in the technical part the requirement that the goods used comply with GOST (another valid regulatory act) with full details (Appendix - attached as a separate file), the procurement participant is obliged to indicate all the specific indicators of this product using not only the technical part of the auction documentation in electronic form, but also the corresponding GOST (regulatory act). Thus, in the first part of the application, an indication of a specific indicator expressed in the corresponding GOST ( normative act) alternative values ​​is mandatory, and the absence of such an indication means that the participant does not express his full and unconditional consent to the terms of this auction documentation.

The commission of the Ivanovsky OFAS Russia recognized this requirement as unlawful, namely, violating clause 1, part 1, art. 33, part 2 of Art. 33 of Law No. 44-FZ.

Considering the above, when drawing up the terms of reference for the performance of major repairs, the customer must clearly (definitely) form it, including in terms of establishing links to technical standards. The conclusion from the considered judicial practice: it is unlawful to establish in the terms of reference of the documentation for an electronic auction the requirement that procurement participants must indicate all specific indicators of the goods according to one or another GOST, but it is necessary in accordance with Part 2 of Art. 33 of Law No. 44-FZ to prescribe exactly which indicators these are, indicating their maximums and (or) minimums, as well as the values ​​\u200b\u200bof indicators that cannot be changed.

Recall that for an unlawful refusal to admit a procurement participant, there is an administrative liability under Part 2 of Art. 7.30 Administrative Code of the Russian Federation: in case of rejection of the application for participation in the competition; denial of admission to participate in the auction; recognition of an application for participation in the procurement of goods, work or services that does not meet the requirements of tender documentation, auction documentation; removal of a procurement participant from participation in a tender, auction (hereinafter referred to as refusal of admission to participation in a procurement) on grounds that are not provided for by the legislation of the Russian Federation on the contract system in the field of procurement; recognition of the application for participation in the tender (auction) as appropriate, corresponding to the requirements of the tender documentation (documentation on the auction), when, under the terms of the legislation of the Russian Federation on the contract system in the field of procurement, the participant who submitted this application should be denied admission to participation in the procurement; in case of violation of the procedure for opening envelopes with applications for participation in a tender, a closed auction and (or) opening access to such applications submitted in the form of electronic documents, violation of the procedure for consideration and evaluation of these applications, final proposals of procurement participants, which is established tender documentation, officials may be fined at the rate of 1% of the initial (maximum) price of the contract (the amount of the fine should be in the range from 5 thousand to 30 thousand rubles).

P.V. Kartashkov, Head of the Information and Analytical Service of the United Edition of the Publications of the Mayor and the Government of Moscow


APPROVE

Fund for the overhaul of apartment buildings in the city of Moscow
_______________ /_______________/


(signature) (full name)

Identification number: PSD-000048-16

Documentation

about the electronic auction

Execution of development work project documentation for the overhaul of apartment buildings in the Southern Administrative District of Moscow at 10 addresses.

Customer: Capital Repair Fund for Moscow apartment buildings

Moscow, 2016


II.

GENERAL CONDITIONS OF THE ELECTRONIC AUCTION.
III.

INFORMATION CARD OF THE ELECTRONIC AUCTION.

IV.

RECOMMENDED SAMPLES OF FORMS AND DOCUMENTS TO BE FILLED BY ELECTRONIC AUCTION PARTICIPANTS.
v.

JUSTIFICATION OF THE PRICE OF THE CONTRACT:

5.1. Protocol of the initial (maximum) price of the contract (file "Protocol NMTsD");

5.3. Estimates (file "Estimate");

5.4. Address list (file "Address list").


VI.

TECHNICAL PART OF THE DOCUMENTATION ON THE ELECTRONIC AUCTION:

6.1. Technical task;

6.2. Calendar plan.


VII.

DRAFT AGREEMENT (file "Draft agreement").

I. Terms and Definitions
Customer- Fund for the overhaul of apartment buildings in the city of Moscow.

Interested party - individual interested in the results of attracting contractors (including being an individual entrepreneur), who has submitted an application through the operator of the electronic site for participation in the preliminary selection, or a legal entity that has submitted an application for participation in the preliminary selection.

Electronic platform operator- JSC Unified Electronic trading floor» (www.roseltorg.ru).

Registry Authority- Department of capital repairs of the city of Moscow.

Official site- official site of the unified information system procurement in the information and telecommunications network "Internet" in accordance with the legislation of the Russian Federation on the contract system in the field of procurement. Prior to the commissioning of the section of the official website provided for posting information about contractors, for posting such information, including maintaining a register of service agreements, the site of the Department of Capital Repairs of the city of Moscow in the information and telecommunications network "Internet" - www. dcr. mos. ru.

Register of qualified contractors- a register of qualified contractors formed by the Department of Capital Repairs of the City of Moscow based on the results of the preliminary selection, which contains the provisions of the Regulations on the involvement of a specialized non-profit organization engaged in activities aimed at ensuring the overhaul of common property in apartment buildings, contractors for the provision of services and (or) performance of work on the overhaul of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated July 01, 2016 No. 615 (hereinafter referred to as the Regulation), information on contractors that have the right to participate in an electronic auction on the established subject of an electronic auction or from which purchases can be made in cases provided for in paragraph 193 of the Regulations.

Specialized organization- a legal entity engaged by the customer to carry out the functions of preparing and conducting an electronic auction.

Participant of the electronic auction- a legal entity, regardless of the organizational and legal form or individual entrepreneur applying for a contract.

Electronic auction- an auction in electronic form for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building, which is a competitive way to determine a contractor, held in electronic form, in which the winner is recognized as a procurement participant included in the register of qualified contractors and offering the lowest contract price.

Electronic platform- A single electronic trading platform, a site in the information and telecommunications network "Internet": www.roseltorg.ru.

II. GENERAL CONDITIONS FOR THE ELECTRONIC AUCTION
1. General Provisions
1.1. Legislative regulation

1.1.1. This documentation on the electronic auction has been prepared in accordance with Decree of the Government of the Russian Federation dated July 1, 2016 No. 615 “On the procedure for attracting contractors to provide services and (or) perform work on the overhaul of common property in an apartment building and the procedure for procurement of goods, works, services in order to perform the functions of a specialized non-profit organization, carrying out activities aimed at ensuring the overhaul of common property in apartment buildings "(hereinafter referred to as the Decree of the Government of the Russian Federation of July 1, 2016 No. 615) and the Decree of the Government of Moscow of August 09, 2016 No. 491-PP "On measures to implement the Decree Government of the Russian Federation dated 01 July 2016 615 “On the procedure for attracting contractors to provide services and (or) perform work on the overhaul of common property in an apartment building and the procedure for procurement of goods, works, services in order to perform the functions of a specialized non-profit organization engaged in activities aimed at ensuring the implementation of capital repair of common property in apartment buildings” (hereinafter referred to as Decree of the Government of Moscow dated August 9, 2016 No. 491-PP).
1.2. Subject of the electronic auction:

1.2.1. An electronic auction is held to perform work on the subject specified in Part III "Information Card of the Electronic Auction".
1.3. Place, conditions and terms (periods) of work performance:

1.3.3. The place, conditions and terms (periods) of performance of work are determined in parts VI " Technical part” and VII “Draft Agreement” and are specified in Part III “Information Card of the Electronic Auction”.

1.3.2. The work is carried out in apartment buildings included in the regional program in accordance with the Decree of the Government of Moscow dated December 29, 2014 No. 832-PP “On the regional program for the overhaul of common property in apartment buildings in the city of Moscow”.

1.1.4. Initial (maximum) contract price:

1.4.1. The initial (maximum) price of the contract is indicated in the notice of the electronic auction and in Part III "Information card of the electronic auction".


1.5. Requirements for participants of the electronic auction:

1.5.1. A person who is included in the register of qualified contractors for the relevant subject of the electronic auction and who has been registered on the electronic site can take part in the electronic auction.

2.1.6. Expenses for participation in the electronic auction and for the conclusion of the contract:

1.6.1. The participant of the electronic auction bears all costs associated with the preparation and filing of an application for participation in the electronic auction, participation in the electronic auction and the conclusion of the contract, and the customer is not liable for such costs.

1.6.2. It is not allowed for the operator of an electronic site to charge a fee for holding an electronic auction. It is not allowed to charge participants of an electronic auction a fee for participation in an electronic auction, with the exception of the fee charged from the person with whom the contract is concluded, in cases provided by law Russian Federation.
1.7. Conditions for admission and non-admission to participation in the electronic auction:

3.1.7.1. An application for participation in an electronic auction is recognized as proper if it complies with the requirements of Decree of the Government of the Russian Federation of July 1, 2016 No. 615, the notice of an electronic auction and this documentation on an electronic auction.

4.1.7.2. The Procurement Commission does not allow a participant in an electronic auction to participate in an electronic auction if:

1.7.2.1. Non-submission of documents and information provided for in paragraph 3.4.1 of this documentation on the electronic auction.

1.7.2.2. Non-compliance of the application for participation in the electronic auction with the requirements for documentation of the electronic auction.

1.7.2.3. Inaccuracy of the information contained in the documents submitted by the participant of the electronic auction.

1.7.2.4. The absence of information about the participant of the electronic auction in the register of qualified contractors (for participation in the electronic auction in terms of the performance of the relevant work).
1.8. Exchange of information during an electronic auction:

1.8.1. The exchange of information related to the holding of an electronic auction between the participant of the electronic auction, the customer and the operator of the electronic site is carried out on the electronic site in the form of electronic documents.

1.8.2. Electronic documents and other information in electronic form must be signed with an enhanced unqualified electronic signature of a person authorized to act on behalf of an electronic auction participant, customer and operator of an electronic site.

1.8.3. Keys reinforced unskilled electronic signatures, as well as certificates of electronic signature verification keys intended for use for the purposes of this section, must be created and issued by certification centers that have received accreditation for compliance with the requirements of the Federal Law "On Electronic Signature".

1.8.4. When conducting an electronic auction, negotiations of a customer with an operator of an electronic site and an operator of an electronic site with a participant in an electronic auction are not allowed if, as a result of these negotiations, preferential conditions for participation in an electronic auction and (or) conditions for the disclosure of confidential information are created.
2. Documentation about the electronic auction
2.1. Contents of the electronic auction documentation:

5.2.1.1. The electronic auction documentation includes a list of parts and sections (including those published as separate documents) and forms, as well as changes and additions made to the electronic auction documentation.

6.2.1.2. The composition of the documentation for the electronic auction:

Part I . Terms and Definitions;

Part II . General conditions for holding an electronic auction;

Part III . Information card of the electronic auction;

Part IV. Recommended samples of forms and documents to be filled in by the participants of the electronic auction;

Part V. Justification of the contract price:

5.1. Protocol of initial maximum price agreements (file "Protocol NMTsD");

5.2. Calculation of the initial maximum price of the contract (file "NMTsD Calculation");

5.3. Estimates (file "Estimate");

5.4. Address list (file "Address list")
Part VI. Technical part of the electronic auction documentation:

6.1. Technical task;

6.2. Calendar plan..

Part VII. Draft agreement (file "Draft agreement").
2.2. Providing documentation about the electronic auction:

2.2.1. Documentation on the electronic auction in full is available for review in in electronic format on the official website www. dcr. mos. ru and the site of the operator of the electronic site www.roseltorg.ru.
2.3. Explanation of the provisions of the electronic auction documentation:

2.3.1. The contracting organization included in the register of qualified contractors has the right to send to the operator of the electronic site where the electronic auction is held a request for clarification of the provisions of the electronic auction documentation. At the same time, such an interested person has the right to send no more than 3 requests for clarification of the provisions of the electronic auction documentation in relation to one electronic auction. Within one hour after the receipt of the specified request, it is sent by the operator of the electronic site to the customer.

2.3.2. Within 2 working days from the date of receipt of the request from the operator of the electronic site, the customer places on the official website and the site of the operator of the electronic site clarifications of the provisions of the documentation on the electronic auction indicating the subject of the request, the name of the interested person who submitted the request, if such a request was received by the customer no later than 3 days before the deadline for submitting applications for participation in the electronic auction. Clarification of the provisions of the documentation on the electronic auction should not change its essence.

2.3.3. The start and end dates for providing e-auction participants with explanations of the provisions of the e-auction documentation are specified in Part III "E-Auction Information Card".

2.3.4. If the request for clarification of the provisions of the electronic auction documentation was received later than the deadline specified in clause 2.3.3 of this electronic auction documentation, given request not considered.
2.4. Amendments to the electronic auction documentation:

2.4.1. Customer by own initiative or in connection with the request of an interested person for clarification of the provisions of the electronic auction documentation, has the right to make a decision to amend the notice of the electronic auction and (or) the electronic auction documentation no later than 3 days before the deadline for filing applications for participation in the electronic auction. Changing the subject of the electronic auction and increasing the size of the bid security is not allowed.

2.4.2. Within one working day from the date of making the decision specified in paragraph 2.4.1 of this documentation on the electronic auction, such changes are published by the customer on the official website and the website of the operator of the electronic site.

2.4.3. The deadline for filing applications for participation in an electronic auction should be extended so that from the date of posting on the official website and the website of the operator of the electronic site changes in the notice of holding an electronic auction and (or) in the documentation of the electronic auction until the deadline for submitting bids, the period was at least 10 days.

2.4.4. Interested parties independently monitor possible changes made to the notice of an electronic auction and (or) to the documentation of an electronic auction.

2.4.5. The regional operator is not responsible if interested people did not familiarize themselves with the changes made to the Notice of an electronic auction and (or) the Documentation of an electronic auction.
2.5. Refusal to conduct an electronic auction:

2.5.1. The customer has the right to refuse to conduct an electronic auction no later than 3 days before the deadline for submitting applications for participation in an electronic auction.

2.5.2. A notice of refusal to conduct an electronic auction is posted by the customer within one working day from the date of the decision on such refusal on the official website and the website of the operator of the electronic site.
3. INSTRUCTIONS FOR PREPARING AND FILLING OUT THE APPLICATION FOR PARTICIPATION IN THE AUCTION
3.1. Application form for participation in the electronic auction and requirements for its execution:

3.1.1. An application for participation in an electronic auction is sent by a participant in an electronic auction to an operator of an electronic site in the form electronic document, containing documents and information, in accordance with paragraph 3.1.2 of this documentation on the electronic auction.

3.1.2. A participant in an electronic auction may use the forms of documents specified in Section IV "Recommended Samples of Forms and Documents to be Filled in by Participants of an Electronic Auction" to prepare an application.

3.1.3. The information contained in the bids of participants in the electronic auction must not be subject to ambiguous interpretations.
3.2. Language of the documents included in the application for participation in the electronic auction:

3.2.1. An application for participation in an electronic auction prepared by a participant in an electronic auction, as well as all correspondence and documentation related to an application for participation in an electronic auction, which are exchanged between participants in an electronic auction and a customer, must be written in Russian.

3.2.2. The documents and information included in the application for participation in the electronic auction may be submitted in a foreign language, provided that they are accompanied by a translation into Russian.

3.2.3. The presence of contradictions between the original and the translation, which change the meaning of the original, may be regarded by the commission as providing false information.
3.3. Currency of application for participation in the electronic auction:

3.3.1. The currency used to form the price of the contract and settlements with the contractor is the Russian ruble.
3.4. Requirements for the content of the documents included in the application for participation in the electronic auction:

3.4.1. An application for participation in an electronic auction must contain:

3.4.1.1. documents and information about the electronic auction participant who submitted an application for participation in the electronic auction - full name, information about the legal form, address of the legal entity, tax identification number (if any) of the founders, members of the collegial executive body, the person acting as the sole proprietor the executive body of an electronic auction participant - for a legal entity, last name, first name, patronymic, passport data, information about the place of residence, contact phone number - for an individual entrepreneur;

3.4.1.2. a document confirming the authority of a person to act on behalf of an electronic auction participant.
4. Submission of applications for participation in the electronic auction

Thank you very much, Mikhail, everything was done promptly and, most importantly, it was clear to me ... Since we have found a common language. I would like to keep in touch with you in the future. I hope for fruitful cooperation.

Olesya Mikhailovna - CEO LLC "VKS"

On behalf of the State Unitary Enterprise "Sevastopol Aviation Enterprise" we express our gratitude for the professionalism and efficiency of your company! We wish your company further prosperity!

Guskova Liliya Ivanovna - manager. SUE "SAP"

Thank you Michael for your help with the design. Very qualified employee +5!

Nadiya Shamilyevna - Entrepreneur IP Anoshkina

On behalf of the company "AKB-Avto" and on my own behalf, I express my gratitude to you and all the employees of your company for productive and high-quality work, sensitive attitude to customer requirements and efficiency in the execution of ordered work.

Nasibullina Alfira - Senior Manager"AKB-Auto"

I want to thank the consultant Mikhail for the excellent work, timely and complete consultations. Very attentive to the client's problems and questions, prompt resolution of the most seemingly for me difficult situations. It's a pleasure to work with Michael!!! I will now recommend your company to my clients and friends. Yes, and technical support consultants are also very polite, attentive, they helped to cope with the difficult installation of the key. Thank you!!!

Olga Sevostyanova.

Acquisition of the key turned out to be very easy and even pleasant. Many thanks for the assistance to the manager Michael. Explains things that are complex and massive to understand, concisely, but very clearly. In addition, I called the toll-free hotline and left a request online, together with Mikhail. I got the key in 2 business days. In general, I recommend it if you save your time, but at the same time you want to have an understanding of what you are buying and what you are paying for. Thank you.

Levitsky Alexander Konstantinovich Samara

Personal gratitude to the consultant Mikhail Vladimirovich for the prompt consultation and work on the accelerated receipt of the ES certificate. During the preliminary consultation, the optimal set is selected individual services. Final result received immediately.

Stoyanova N.L. - Chief Accountant LLC "SITECRIME"

Thanks for the quick work and expert help! I was very pleased with the advice!

Dmitry Fomin

LLC "Expert System" thanks the consultant Mikhail for the prompt work! We wish your company growth and prosperity!

Sukhanova M.S. - AppraiserLLC "Expert System", Volgograd

Thanks to the consultant, who introduced himself as Mikhail, for the efficiency in working with clients.

Ponomarev Stepan Gennadievich

Many thanks to the consultant Mikhail, for the assistance in obtaining the EDS. For prompt work and advice on issues arising in the process of registration.

Leonid Nekrasov

The company, represented by consultant Mikhail, does the impossible! Speed ​​up accreditation in less than 1 hour! Payment upon rendering of the service. I thought this didn't happen. WITH full responsibility I can advise you to contact the Center for issuing electronic signatures.

The auction in electronic form takes place on a special website - an electronic platform. A list of such sites is given in information letter Ministry of Economic Development of Russia. Only participants accredited at the electronic site chosen by the customer can participate in the electronic auction. When conducting an electronic auction, the customer must place a notice of purchase at least 7 days before the deadline for submitting bids. Simultaneously with the publication of the notice, place on the site the auction documentation and its annexes: information card of the auction; technical task; draft contract; justification of the initial (maximum) price of the contract; application form. Within seven days from the date of publication of the notice, applicants accredited on the electronic site for concluding a contract submit applications for participation. The application for participation consists of two parts and is submitted in the form of two electronic documents to the operator of the electronic site. Within seven days from the date of the deadline for submission of applications, the commission reviews the first parts for compliance with the requirements of the documentation and draws up a protocol. Upon the expiration of two days from the date of the expiration of the term for consideration of the first parts of applications, the operator of the electronic site shall hold an auction. After the auction, the customer, within three days, considers the second parts of the participants' applications and determines the winner. The winner is the participant whose application meets the requirements of the auction documentation and who offered the lowest price. The detailed order of the auction is given in the answer. Auction documentation the institution draws up independently in accordance with the provisions of the Law of April 5, 2013 No. 44-FZ and the features of the proposed purchase.

The rationale for this position is given below in the materials of the Glavbukh System

1. Recommendation: How to conduct an electronic auction

Electronic platforms

The owners of sites where auctions take place in electronic form should ensure the holding of auctions. The owners of such sites are called electronic marketplace operators. The procedure and conditions for the selection of operators are determined by the Government of the Russian Federation. This is stated in part 4 of article 59 of the Law of April 5, 2013 No. 44-FZ. Currently, this procedure is not established by the Government of the Russian Federation.

The list of electronic platforms for conducting electronic auctions was previously determined by the Ministry of Economic Development of Russia jointly with the Federal Antimonopoly Service of Russia. This list is given in the protocol of the commission dated January 19, 2010 No. 95 (posted on the official website of the Ministry of Economic Development of Russia) and the information message of the Ministry of Economic Development of Russia. It will remain in effect after January 1, 2014. It includes the following electronic platforms:

  • State Unitary Enterprise "Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan", www.zakazrf.ru;
  • JSC "Unified electronic trading platform", www.roseltorg.ru;
  • CJSC Sberbank Automated system trading, www.sberbank-ast.ru;
  • RTS-tender LLC, www.rts-tender.ru;
  • ZAO MICEX Information Technology", www.micex.ru/participation.*

The procedure for conducting electronic auctions on these sites must comply with the rules established (part 10 of article 112 of the Law of April 5, 2013 No. 44-FZ).

Terms and Conditions

An auction in electronic form is required if the subject of procurement is included in a special list approved by Decree of the Government of the Russian Federation of October 31, 2013 No. 2019-r, or in additional lists adopted at the regional level. However, regardless of whether the goods (works, services) are included in the list or not, the customer can also conduct a request for quotations, a request for proposals or a purchase from a single supplier (subject to the restrictions established by the Law of April 5, 2013 No. 44-FZ) .*

The customer can hold an auction in electronic form for any amount of the contract. The legislation does not contain any restrictions in this regard.*

Attention: FAS Russia may bring the customer's officials (for example, the manager) to administrative responsibility and fine them in the amount of 50,000 rubles. behind incorrect choice a method for determining the supplier of goods (works, services) included in the lists approved by the Government of the Russian Federation or constituent entities of the Russian Federation (part 2 of article 7.29 of the Code of Administrative Offenses of the Russian Federation).

Auction procedure

The supplier (contractor, performer) is determined by means of an electronic auction in the following order:

  • consideration of the first parts of applications for participation in the electronic auction;
  • consideration of the second parts of applications for participation in the electronic auction.*

Preparation for the event

The decision to hold an auction is made by the customer, and in the case of centralization of procurement, by the authorized body or authorized institution (part 5 of article 24, article 26 of the Law of April 5, 2013 No. 44-FZ).

Establish a procurement commission before conducting an electronic auction. At the same time, the customer has the right to create both a specialized auction commission and a single commission authorized to determine the supplier by any means (Article 39 of the Law of April 5, 2013 No. 44-FZ).*

Attention: if due to a technical failure on the official website (www.zakupki.gov.ru) it is impossible to publish information about the procurement, this must be done immediately after the restoration of the site.

Electronic Auction Notice

If starting price contract above 3 million rubles, then the customer must place a notice of an electronic auction on the official website at least 15 days before the deadline for submitting applications. If the initial price of the contract does not exceed 3 million rubles, then it is allowed to notify at least seven days in advance. Such requirements are established by parts and articles 63 of the Law of April 5, 2013 No. 44-FZ.*

In addition to the official website, the customer or the body authorized to conduct centralized procurement may publish an auction notice in any media (including electronic ones). But such a publication does not cancel the placement on the official website (part 4 of article 63 of the Law of April 5, 2013 No. 44-FZ).

The notice of an electronic auction must contain:

  • the address of the electronic platform on the Internet;
  • the deadline for filing applications for participation in the electronic auction;
  • the date of the auction;
  • a summary of the terms of the contract and the characteristics of the goods supplied (the amount of work performed, services rendered);
  • amount of bid security;
  • all restrictions established by law on participation in the selection of a supplier;

A complete list of data that must be included in the published notice is contained in Article 42 and Part 5 of Article 63 of the Law of April 5, 2013 No. 44-FZ.*

Changing the notice of the auction

The customer has the right to amend the notice of the electronic auction no later than two days before the deadline for filing applications for participation in it. But the information about the purchase object cannot be changed.

At the same time, the deadline for submitting applications for participation must be extended if less than seven days remain from the date of making changes on the site to the date of termination of the submission of applications.

part 6 of article 63 of the Law of April 5, 2013 No. 44-FZ.

Auction documentation

Simultaneously with the publication of the auction notice, place all the necessary documentation on the official website. For example, a draft contract is part of such documentation (part 4 of article 64, part 1 of article 65 of the Law of April 5, 2013 No. 44-FZ). Free and free access is provided to the posted documentation (part 2 of article 65 of the Law of April 5, 2013 No. 44-FZ).

The documentation must disclose all information regarding the procurement, in particular:

  • name and description of the subject of procurement and justification of the initial (maximum) price of the contract;
  • requirements for the content of an application for participation in an electronic auction and instructions for filling it out;
  • information on the currency of the contract price and settlements with suppliers (contractors, performers);
  • the amount and procedure for making security for the performance of the contract;
  • information about the possibility of the customer to decide on a unilateral refusal to perform the contract. *

A complete list of information that must be contained in the auction documentation is established by Part 1 of Article 64 of the Law of April 5, 2013 No. 44-FZ. If an institution needs to conclude an energy service contract, additionally reflect the information specified in parts and article 108 of the Law of April 5, 2013 No. 44-FZ.

Attention: the government of the Russian Federation has the right to determine a special procedure for any purchase of goods, works or services (part 1 of article 111 of the Law of April 5, 2013 No. 44-FZ).

There are a number of conditions that the auction organizer is not entitled to include in the documentation. For example, this is a requirement for the business reputation of participants, their production facilities, technological equipment etc. This is stated in part 3 of article 33 of the Law of April 5, 2013 No. 44-FZ. In addition, the auction documentation should not contain conditions that may lead to a restriction on the number of participants in the procurement, as well as requirements for the form and procedure for filling out an application for participation in an electronic auction. This procedure is established by clause 2 of part 1, part 2 of article 64 of the Law of April 5, 2013 No. 44-FZ.

Changing the Auction Documentation

The customer has the right to make changes to the electronic auction documentation no later than two days before the deadline for submitting applications for participation in it.

If less than seven days remain from the date of posting the changes on the official website to the deadline for submission of applications, then the deadline for submission of applications for participation must be extended (so that at least seven days remain).

It is not allowed to change information about the procurement object and increase the amount of the application security.

This procedure is provided for in Part 6 of Article 65 of the Law of April 5, 2013 No. 44-FZ.

Accreditation of procurement participants

To pass the accreditation required to participate in the electronic auction, the procurement participant submits the following documents and information to the operator of the electronic site:

  • participant's application for accreditation on the electronic platform;
  • copies of an extract from the Unified State Register of Legal Entities (for legal entities) or from the USRIP (for entrepreneurs), received no earlier than six months before the day of applying for accreditation;
  • copies of constituent documents of the procurement participant (or passport, if the participant is a citizen);
  • copies of documents confirming the person's authority to obtain accreditation on behalf of the institution (for example, a decision to appoint a head or a power of attorney);
  • TIN of the procurement participant;
  • decision to approve the transaction to be completed as a result of the auction (in the event that, in accordance with founding documents the participant has no right to conclude a transaction without this decision).*

A complete list of documents and information that must be submitted to obtain accreditation is established by Part 2 of Article 61 of the Law of April 5, 2013 No. 44-FZ. It is not allowed to demand any additional documents or information (part 3 of article 61 of the Law of April 5, 2013 No. 44-FZ).

Within five business days of receipt required documents and information, the operator of the electronic site is obliged:

  • make a decision on accreditation or refusal to accredit the procurement participant;
  • send the participant a notification of the decision.

Application for participation

An application for participation in an electronic auction can only be submitted by persons who have received accreditation on an electronic site (part 1 of article 66 of the Law of April 5, 2013 No. 44-FZ).

An application for participation in an electronic auction consists of two parts, which are submitted simultaneously in the form of two electronic documents through an electronic platform (part , article 66 of the Law of April 5, 2013 No. 44-FZ).*

The first part of the application must contain the following information:

  • consent of the participant to the supply of goods (performance of work, provision of services);
  • an indication of the trademark (its verbal designation) and specific indicators of the proposed equivalent product;
  • specific indicators of the offered goods, corresponding to the values ​​established by the documentation on the electronic auction;
  • sketch, drawing, drawing, photograph or other representation of the subject of procurement.

A complete list of information that the first part of the application for participation in an electronic auction must contain is given in parts 3-4 of Article 66 of the Law of April 5, 2013 No. 44-FZ.

The second part of the application includes the following documents and information:

  • information about the participant (name, legal form, location, etc.);
  • documents confirming the applicant's compliance with the conditions for admission to the auction (his eligibility to conclude a contract, the absence of tax arrears, etc.);
  • documents confirming the right to receive benefits, or copies of these documents.

A complete list of information and documents that must be reflected in the second part of the application is given in part 5

Require any Additional information or documents are not allowed (part 6 of article 66 of the Law of April 5, 2013 No. 44-FZ).

When accepting an application, the operator of the electronic site, within one hour from the moment of its receipt, is obliged to block transactions on the account of the participant in the amount of the security of the application for participation in an open auction. Also, the operator of the electronic site must assign a serial number to the application and send to the procurement participant confirmation of its receipt in the form of an electronic document. This procedure is given in part 18 of article 44, part 9 of article 66 of the Law of April 5, 2013 No. 44-FZ.

Within one hour from the moment of receipt of the application, the operator of the electronic site must return the received application to the participant if:

  • cash in the amount of security, applications are not available on the account (opened for conducting operations to secure participation in electronic auctions);
  • one procurement participant submitted two (or more) bids (provided that the bids submitted earlier were not withdrawn).

A complete list of cases in which the operator of an electronic site must return an application is given in Part 11 of Article 66 of the Law of April 5, 2013 No. 44-FZ.

When notifying the participant of the reasons for the rejection of the application, the operator must indicate the provisions of the law on the contract system in the field of procurement that were violated. Return of applications for participation in the procurement for other reasons is not allowed. This is stated in part 12 of article 66 of the Law of April 5, 2013 No. 44-FZ.

The order of consideration of applications

The order of consideration of applications depends on their number.

If no applications for participation in the auction were submitted or only one application was submitted, the electronic auction is recognized as failed (part 16 of article 66 of the Law of April 5, 2013 No. 44-FZ).

Both parts of the single application for participation in the auction shall be transferred by the operator of the electronic site to the customer. This must be done no later than the working day following the closing date for applications. Within three working days, the auction commission of the customer (or the authorized body) checks the received documents for compliance with the requirements of the auction documentation and submits to the operator of the electronic site the protocol of its consideration of a single application, signed by the members of the commission. The operator, within one hour from the moment of receiving the protocol, sends a notification to the participant about the decision of the commission. If a positive decision is made, the customer concludes with sole member contract as a sole supplier. This conclusion follows from part 1 of part 5 of Art. 67 of the Law of April 5, 2013 No. 44-FZ).

The commission draws up the results of consideration of the first parts of applications in a protocol, which should contain:

  • information about the serial numbers of applications for participation in the auction;
  • decision on the admission of the applicant to participate in the auction or


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