home » Directory » What auctions are carried out electronically. How to participate in electronic trading

What auctions are carried out electronically. How to participate in electronic trading

Trades in electronic form (electronic trading) is a system regulated by the rules of law public relations between the participants of electronic interaction of a public information system posted on the Internet, with the use of which these participants make civil transactions among themselves for the sale of goods, works or services.

Process of conducting electronic trading in electronic form is a regulated process that includes performing the functions of preparing, receiving, analyzing, processing and providing information regarding participants in electronic interaction.

The work of a participant in electronic interaction on an electronic platform is possible if he / she simultaneously fulfills the following requirements for:

to the technical support of the workstation (computer);
to software;
to the organization of electronic document management.

General Provisions

Depending on the purpose of the auction, electronic trading is divided into four subspecies:

tenders held for the purpose of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs;
auctions conducted for the purpose of selling the property of debtors in a bankruptcy case;
bidding for the sale of seized property;
bidding on order commercial organizations(electronic commerce).

Each type of electronic trading has its own characteristics. At the same time, common generic (systemic) signs are inherent in all electronic trading:

first - in the auction the same composition of participants in electronic interaction (Article 2 of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signatures"), consisting of three elements:

organizer of the auction;
operator of an electronic platform;
users of the electronic platform.

the second - the auction is held on an electronic platform, which is a way of connecting these three elements, that is, the structure of a system designed to provide the participants of electronic interaction with the necessary information in a timely manner.

The operator of the electronic platform is a Russian legal entity or individual entrepreneur, who are the legal owners of the public information system posted on the Internet, with the use of which the participants of electronic interaction through the exchange of information conduct auctions.

The organizer of the auction is a person who has entered into an agreement with the operator of an electronic platform in order to find a person interested in concluding a transaction with property (property rights), put up for auction as a lot.

Users of the electronic platform - government bodies, local authorities, organizations and citizens intending to acquire information stored in the information system of the operator of an electronic site or using this information in order to conclude an agreement, the subject of which is the sale of goods, works or services.

Electronic platform is located on the Internet information system general use, with the use of which participants in electronic interaction through the exchange of information among themselves conduct electronic trading. The scope of the generic concept "information system" is disclosed in subparagraph 3 of article 2 of the Federal law "On information, information technology and information protection". In particular, an information system is understood as a set of information contained in databases and ensuring its processing. information technologies and technical means... An electronic platform as a kind of this information system consists of five elements:

domain name of a website on the Internet;
database;
hardware and software system;
link;
technical support service.

Electronic bidding for the purpose of placing government orders

Electronic bidding for the purpose of placing a government order- these are the relations between the participants of electronic interaction of the information posted on the Internet, regulated by the Federal Law "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" a public system using which orders are placed for the supply of goods, the performance of work, the provision of services for state and municipal needs in the form of an open auction and request for quotations. Until January 1, 2014, public procurement tenders were regulated by Law No. 94-FZ "On Placing Orders for the Supply of Goods, Performing Works, and Rendering Services for State and Municipal Needs"

The main type of procurement is electronic auctions. In order to take part in the auction held in accordance with 44-FZ, you must be a registered and accredited participant of the federal electronic trading platform. To pass the registration procedure and further accreditation, you must have an enhanced qualified electronic signature. An enhanced electronic signature can be obtained at one of the Certification Center accredited by the Ministry of Economy of the Russian Federation. As of November 2014, the most optimal way to obtain an electronic signature for trading under 44-FZ is an application through the so-called EDS Centers, they are designed to coordinate the Certification Centers by regional affiliation, so the end user receives an EDS in his city. The EDS Center promotes the expansion of competition in the electronic trading market, since earlier it was difficult for small businesses to obtain an EDS, for example, in Moscow, while in Kamchatka.

Electronic bidding in a bankruptcy case

Electronic Bidding in Bankruptcy- these are the relations regulated by the Federal Law "On Insolvency (Bankruptcy)" between the participants of electronic interaction of the public information system posted on the Internet, using which the property of debtors is sold in the form of an open auction, an open tender and / or public offering.

Electronic bidding in bankruptcy proceedings has been mandatory since 2011.

As of May 2013, 48 electronic platforms.

The final legally significant (legal) result of each specific electronic auction in a bankruptcy case is only the determination of the winner of the auction, to whom the arbitration manager must subsequently send a proposal (offer) to conclude a sale and purchase agreement for the enterprise or other property of the debtor put up for auction. In a bankruptcy case, the protocol signed by the organizer of the auction with the buyer of the property does not have the force of the contract. In this way, this type of auction is fundamentally different from the auction conducted for the sale of property within the framework of enforcement proceedings, which, in turn, are auction specifically for the direct sale of property and at which the final protocol of the auction has the force of an agreement.

Procurement participants, in order to successfully participate in the auction, need to have a certain set of knowledge, including understanding the types of purchases and their features. In this article, we will outline with you the basic procurement procedures that are popular with the customer.

What basic procedures do you know and what are their main differences?

Currently, Federal Law 44-FZ provides for several ways to identify suppliers, namely:

Open auction in electronic form;
Open competition;
Request for quotes;
Request for proposals;
Purchase from a single supplier.

It is worth noting that all these purchases are quite different in terms of implementation and conditions, with the exception of open competition and request for proposals. Today we are going to talk about the most popular method for identifying a supplier.

What is an electronic open auction? What is its peculiarity?

An electronic auction is a method of determining a supplier on an electronic trading platform by holding a tender, where the procurement participant who has offered the lowest contract price is recognized as the winner.

As mentioned above electronic auction is the most demanded among customers. What could be the reason for such popularity of electronic auction among customers?

First of all, carrying out a procurement in this way, as a rule, allows you to reduce the final price of the contract by more than 30% of the initial maximum contract price.

Secondly, there is a systematic legislative support for such a procedure. By order of the Government of the Russian Federation of December 31, 2013 No. №2019-r approved the list of works, goods and services, purchases of which should be carried out only in the form of an electronic auction.

Thirdly, we live with you in the information age, and the transition to electronic forms of procurement procedures is an integral part of the development of public relations.

Features of an open auction in electronic form

In accordance with the order of the Government of the Russian Federation of October 31, 2013 No. 2019-r, a list of goods, works and services for which procurement can be carried out only in the form of an electronic auction is established
The winner of the electronic auction is the procurement participant who offered the lowest total cost of the contract.
Submission of applications, bidding procedure, signing of a contract takes place on electronic trading platforms
An application for participation in an open auction in electronic form consists of 2 parts
Placing a purchase is carried out in a unified information system:

Not less than 15 calendar days, if NMCC is more than 3 million rubles
Not less than 7 calendar days, if the NMCC is less than 3 million rubles

The procurement participant can submit 3 requests for clarification of the documentation at least 3 days before the deadline for submission of applications.
The contract must be signed no earlier than 10 days after the publication of the minutes of consideration of the second parts of the applications
If during the auction the final price of the lot was reduced by more than 25%, then the winner of the auction must provide security for the execution of the contract 1.5 times higher than the initial one set in the information card of the auction.
In accordance with the Decree of the Government of the Russian Federation of 02/04/2015. No. 99 established the requirement to provide information about the experience of the procurement participant. If the NMCK exceeds 10 million rubles, then the procurement participant must confirm the experience of work over the last 3 years, while the NMC of these contracts must be at least 20% of the NMCK for which an electronic auction is held.
In form 2, it is necessary to provide specific indicators that correspond both to the customer's instructions for filling out form 2, and to the data on the supplied material in accordance with GOST.

According to many experts, the preparation of an application for participation in an electronic auction is one of the most difficult stages. As a rule, this is due to the correct and timely preparation of Form 2, since it is here that the customer does not allow many participants to participate in the electronic bidding procedure. You can familiarize yourself with the intricacies of filling out form 2 in more detail in one of our

Both the state and commercial structures place their orders through electronic trading. Customers have long appreciated the practicality and high efficiency of purchases carried out in this form. But the popularity and necessity of their implementation requires both the buyer and the supplier of special knowledge.

You will learn:

What does the term "electronic trading" mean?
What types of electronic trading can you participate in?
What products can be sold in electronic auctions.
How and on what platform can electronic trading be organized.

What is electronic trading

There are certain problems in understanding the term "electronic trading". Sometimes it is perceived as an innovation in the field of acquisitions, and sometimes it is considered that it is still the same traditional form of buying on paper. Both of these perceptions are wrong.

In order to understand, let us recall how the method and form of procurement differ from each other. Allocate electronic (the relationship between the customer and the contractor is established through the Internet according to regulated norms: from placing an order to the results of the auction) and classical (on paper). Due to the methods of acquisition, they do not establish the order of the relationship between customers and suppliers, but the basis of the winning contractor's preference and the algorithm of actions in making this choice. All types of acquisitions can be carried out on the Internet: sales provided for by the Civil Code of the Russian Federation (auction, competition) and others (request for quotations, request for proposals).

Bidding is carried out on a specialized Internet portal in real time. Compliance with these conditions leads to open and transparent actions with auction participants, observing uniform requirements for all potential representatives and minimizing the risk of violating competition laws. Therefore, even if the parties exchange documents and messages via e-mail, this fact does not mean that we are talking about electronic commerce.

In order to exercise the right to participate in tenders, both suppliers and customers must act through trading platforms (No. 44-FZ dated April 5, 2013 "On the contract system", hereinafter referred to as No. 44-FZ). The parties to the auction, working on the sites, implement all the procedures for conducting electronic procurement. The commercial Internet platform allows you to exchange the necessary documents, identify each of the parties, certify all actions with a virtual signature, track the fulfillment of obligations on the part of the consumer in the form of a contract with the winning supplier, and on the part of the contractor, comply with the fact of delivery within the timeframe specified by the client.

Download material:

Types of presentation of electronic procurement of goods

Let's highlight the goals for which certain purchases are carried out:

sale of seized property;
sale of property of debtors declared bankrupt;
tasks of commercial companies;
placing orders for state and municipal needs.

Any type of e-procurement has its own specifics, but we will highlight their general properties.

1. The same composition of participants in the interaction(Article 2 of the Federal Law "On Electronic Signature" No. 63-ФЗ dated April 6, 2011) :

accredited users of a particular electronic site;
organizer of the purchase;
operator of one or another Internet platform.

2. Carrying out on the site, which is a way of connecting these three elements and designed to inform participants in a timely manner.

So, its users are any state and municipal authorities, as well as legal entities and citizens who want to receive information from the operator in order to further conclude a contract with a counterparty.

The organizer of the acquisition is the person who signed a special agreement with the electronic signature operator to find a contractor who wants to conclude a deal exhibited in the form of a lot.

The operator can be any legal entity or individual entrepreneur registered in the Russian Federation that has legal rights to the information system posted on the Internet, which is used by the participants in the relationship when conducting auctions.

3 financial security tools that will make it easier to participate in the procurement

Electronic trading methods

Two-stage tender. This type is resorted to when the customer cannot accurately prescribe the terms of reference for the subject of trade. At the first stage, technical proposals are made without specifying the cost of execution. Applications that do not meet the client's requirements are rejected. At the second stage, participants provide an edited technical plan and a price, that is, in this procedure, both recommendations of suppliers are evaluated in aggregate according to the rules open bidding.

Closed competition. The process is identical to open trading, with one exception. The buyer independently decides which contractors to call to participate in the procurement. Neither invitations nor the results of closed tenders are subject to publication. This method, by determining the supplier, is usually used by consumers in cases when:

confidentiality mode is in effect;
the goods needed by the customer are available from a small number of suppliers or only a few suppliers have the necessary qualifications;
the costs and time required to analyze and evaluate a huge number of applications are not comparable to the price of purchased products.

Selective competition contains a component of both closed and open electronic contests. Anyone can take part in it. When announcing the start of accepting applications, the requirements for the participant are provided at the same time. If he does not meet the criteria of the buyer, then he will not be able to continue to bid.

Purchase from a single source. The client offers to conclude a contract with the only supplier, goes to negotiations with him and agrees on the delivery requirements. The company, invited as the only contractor, has clear advantages and has the right to offer the most acceptable conditions for itself. The purchaser has to contact one specific source, since the products he needs are supplied only to them, and it is impossible to find an equivalent replacement. He also has the right to contact a specific counterparty if a contract was previously concluded with him and at the time of delivery it is legally binding.

Request for proposals... In this case, the customer is usually identified with the service provider. This method is used by the client when he has formed a purchase goal, but not the ability to implement it.

Requesting prices (quotes) used by the purchaser upon purchase a specific product or services by open bidding. In this way, computer equipment, office supplies can be purchased, or production and office premises can be leased. This is an extremely operational type of purchase based on order results.

Competitive negotiations. If the competitive methods did not lead to the desired result or you urgently need to buy goods (work, services), then they turn to this type. It is often used when it is necessary to obtain consulting services... The customer holds meetings with potential contractors and invites them to take part in electronic trading. The participants are obliged to provide their version of the transaction by the agreed date. Based on the information provided, the client determines the most optimal offer and concludes a contract with the selected candidate.

Reduction (auction, rebidding). The winner is determined at the proposed price, which is the main selection criterion. Reduction can be used when you need to find a company to supply a particular product.

Rebidding is called a reverse auction, that is, when the customer does not sell a service or product, but, on the contrary, buys them. Participants, starting from the initial price of the contract, go to lower it. The winner will be the one who offers the lowest price for the product or service.

Organization of procurement in the context of austerity: 6 rules for improving efficiency

List of goods subject to e-procurement

An exhaustive list in electronic form, approved by the Government of the Russian Federation in decree No. 616 of June 21, 2012, contains a listing of the following services, works and goods that customers working under No. 223-FZ must purchase only in this form:

special clothing aimed at maintaining good physical shape (preventive, prophylactic-load, anti-overload);
paper yarn;
wooden container;
rope and rope products, cords;
paper, cellulose, cardboard, etc.

That is, if the buyer needs goods, works and services, and they are contained in the specified list, then he must carry out the purchase according to No. 223-FZ only in electronic form.

What if the purchase contains goods from the list and not from the list? Since the customer needs a certain product from the catalog, he will have to allocate it to a separate lot. When transferring to another batch is not possible, then focus on the 5% limit (i.e., the price expression from the initial maximum price).

In the register of the Government of the Russian Federation No. 616 of June 21, 2012, there are certain exceptions that you can use and not conduct auctions in electronic form:

the product or transaction is included in the list, but information about it cannot be posted on the site;
the amount of the contract does not exceed 100 thousand rubles;
the information contained in the documentation, draft contract, notice shall be classified as state secrets;
the transaction is carried out by the agent at a single supplier and complies with the norms of its Procurement Regulations. That is, if the client makes such a provision in his Regulation, then he may not conduct electronic tenders, even if he needs the goods from List No. 616. The acquirer can use the legal "window", but the regulatory authorities may regard this as abuse, since as initially contrary to the purpose of the contract system. Sooner or later, changes will be made to No. 223-FZ, and these actions will become impossible. We recommend that you adapt to purchases on the Internet as soon as possible and learn how to conduct them;
urgent need for a product, work, service in connection with an emergency, emergency, urgent medical intervention, the onset of circumstances force majeure or in connection with the prevention of the danger of their occurrence. So, if an accident happened, then fill out the appropriate act, which will be signed by representatives of the customer and the guilty party, as well as by persons who are not interested in the outcome of the case. The control authorities will check the purchaser with special care - if such cases are repeated too often, they have a reason to think about the falsity of the issued acts.

The purchaser has the right to increase the list of goods for purchase in electronic form in its Procurement Regulations. If he voluntarily expands list No. 616, then he is responsible for its implementation.

Tender specialist: the person on whom the future of your company can depend

Conditions that are dictated by the Internet site

An electronic acquisition platform is a set of technical and information solutions that ensure the building of relationships between a customer and a supplier through appropriate communication channels.

To become a participant in electronic trading, you must be accredited on a particular trading platform. In the absence of accreditation, a potential supplier or buyer will not be able to participate in the auction and will only see data on the ongoing trade on the relevant sites.

An authorized customer can form auctions, participate in all stages, determine participants, and also carry out all types of purchases, without limiting himself by the nomenclature. A confirmed supplier that meets the client's requirements, agrees with the terms of the documentation (term, price, quality, warranty, liability, payment terms, etc.) and has provided least cost the delivered delivery becomes the winner in the electronic auction.

Consider federal electronic resources.

1. "Sberbank - AST" - www.sberbank-ast.ru

The site was created on 01.07.2009 and belongs to a subsidiary of Sberbank of Russia. Here, both electronic government procurement and corporate tenders are held, as well as tenders for the sale of property of bankrupt companies. The B2C platform was launched in the summer of 2013. In only three quarters of 2015, more than 600 procedures were performed on it for a total amount of more than 950 billion rubles.

2. "Single electronic trading platform" - www.roseltorg.ru

Founded in 2009 by the Government of Moscow (52%) and the Bank of Moscow (18%). Major clients public sector are located in the cities of federal significance of the Russian Federation (Moscow, St. Petersburg) and in the Republic of Bashkortostan. He works with such major departments as the Ministry of Emergency Situations of the Russian Federation, the Ministry of Defense of the Russian Federation and others. It has a large base of clients working under No. 223-FZ, including Rosatom, Rostelecom, Moscow and St. Petersburg metro and others. At the beginning of the year alone, more than 200 thousand trading procedures were carried out for a total amount of more than 550 billion rubles.

3. "RTS-Tender" - www.rts-tender.ru

Formed on 01.10.2010. The owner is NP RTS ( non-profit partnership development financial market). Approximately 60% are held here. public procurement Siberian Federal District. Several government departments are clients. The site does not conduct trades under No. 223-FZ, but at the same time offers to use the services of its business partner "OTC-tender". In 2015, more than 279 thousand auctions were held for a total amount of more than 661 billion rubles.

4. All-Russian system of electronic commerce SUE "AGZRT" - www.zakazrf.ru

It was organized in 2005 to serve institutions and companies of the Republic of Tatarstan, but later expanded the area for providing services. Clients are various municipalities, executive authorities of the republic, military institutions, academy of agricultural science and others. In the first nine months of 2015 alone, 33 thousand trades were held on it for a total amount of more than 73 billion rubles.

Commercial resources

1. ETP B2b-center - www.b2b-center.ru

It has united 30 electronic trading platforms that operate for different spheres economies such as mechanical engineering, energy, metallurgy, telecommunications, petrochemistry, auto industry, agro-industrial sector, civil aviation, nanotechnology, housing and utilities sector and other spheres.

2. ETP Fabricant - www.fabrikant.ru

Here there is an opportunity to sign a contract with a large customer and thereby significantly expand the sales market. Since 2006, the portal has remained the only system through which the sale of property of companies declared bankrupt passes.

3. Electronic trading platform GPB - etpgpb.ru

Is an subsidiary OJSC Bank GPB was founded to provide high-quality service to top-priority clients in the field of formation of procurement procedures. Clients: GC OMZ, GC OJSC Gazprom, OJSC Corporation VNIIEM, OJSC Voentorg, OJSC Corporation Kometa and about 50-60 other large Russian consumers.

4. Trading platform "ELECTRO-TORGI.RU" - universal.electro-torgi.ru

It is universal and offers its services in the field of organizing electronic procurement related to the sale of mortgaged property, property of debtors in enforcement proceedings, as well as the sale of various goods and services within the scope of commercial acquisitions.

5. Group of electronic platforms OTS.RU - www.otc.ru

Was created to conduct trading activities in close cooperation with RTS-tender LLC, is a project of OTC Markets CJSC. On OTC.RU, you can conduct both state and municipal purchases and commercial auctions. All platforms are based on the RTS exchange developments, they are reliable and easy to use. OTS.RU includes: OTC-crypto, OTC-agro, OTC-market, OTC-tender, SecondShares, OTC-finance.

How to choose and use cloud technologies for business

Criteria for choosing a site for electronic trading

How many of the registered suppliers can participate in the tender. On certain Internet pages, only 15% of the suppliers who have paid a subscription fee can participate in trade, others do not have this right.

Is the electronic platform for organizing public procurement accredited? Accreditation is the guarantor of reliability. Confirmed sites for public procurement: Sberbank of Russia, RTS-tender, the site of the Moscow Government, MICEX, the Government of the Republic of Tatarstan.

The number of complaints about the work of the electronic resource. When choosing, you can analyze the complaints submitted by tenderers to the FAS. On the portal http://zakupki.gov.ru it is possible to carefully read the claims of the bidders.

How to take part in electronic trading: step by step instructions

1. We receive an electronic signature.

The participant identifies himself by means of an electronic digital signature (EDS). EDS is a key that looks like a flash card. He will confirm that it was you who made the price offer in the auction, and if you win, on legal grounds signed a contract. EDS on the Internet can be compared in importance with a citizen's passport. With its help, you can sign any document, check the user's signature for authenticity, and the signed act - for the possibility of making amendments after the conclusion.

EDS verification for authenticity can be performed on the basis of decryption and encryption keys. The addressee, using the necessary software and a key, produces a certain sequence of characters, which is part of the sent information. The addressee uses the same software and decryption key in order to recognize the information received and conduct a certain check. Successful completion of the audit means that the information received is the same as the one sent and, therefore, has not been changed after it was signed. The generation of a sequence of characters in the described process is an EDS.

Key certificates can only be issued by a specialized certification authority (CA). It registers users, terminates, eliminates, restores the validity of the key certificate. The center provides technical support for the EDS operation. A person wishing to participate in electronic document management, for receiving EDS can contact any authorized CA convenient for him.

On the EDS website in the Russian Federation http://iecp.ru/ep/uc-list you can study complete list operating authorized CAs of Russia.

2. Choosing an Internet platform and going through accreditation.

The package of documents for confirming the procurement participant is the same for the five above federal sites... But registration on commercial sites requires an extended list of documents and may differ in composition. To be accredited on a trading platform, for example, of Rosneft, a participant will have to post a lot of information, including about the ultimate beneficiaries.

So, in order to successfully pass confirmation on the federal electronic resource, you need to prepare scanned versions of the following papers:

all pages of the charter of the organization, which are stitched and numbered, including the last sheet with the mark of the tax authority. The charter is signed by an authorized person, the company stamp is affixed. Individual entrepreneurs and individuals provide copies of all pages of the passport;
original extract from the Unified State Register of Legal Entities or a copy certified by a notary (for legal entities). The same rules apply to individual entrepreneurs (extract from USRIP). The document must be issued by the tax authority no earlier than six months before the application for accreditation;
decision to approve major transactions with the establishment of a specific limit maximum amount transactions;
an act confirming the powers of the head of the company (decision or protocol on election, order to take office).

If all actions on the trading floor are not carried out by the head of the company, then, in addition to the indicated certificates, attach a power of attorney that confirms the powers of the authorized person.

Prepare in advance scanned versions of documents in any of the following formats: .doc, .txt, .pdf, .docx, .jpg, .rtf, .zip, .gif, .7z, .png, .rar.

Fill out an application for accreditation according to the proposed form. It is necessary to carefully and without errors fill in the lines and attach a file that contains all scanned versions required documents certified by EDS. We would like to point out that current legislation it is not prohibited to send a participant's statement in free form to the trading site. Be sure to include the TIN number and current email address. A lot of information on purchases will come to the mail, so carefully check its accuracy before sending.

The operator of the site must send the decision on accreditation or denial of it to the participant no later than five working days from the date of receipt of the application. He can refuse in two cases: the applicant did not provide the necessary certificates or provided, but they do not meet the requirements of the current legislation.

The decision is sent to the e-mail specified in the application. If accreditation is refused, the operator is obliged to indicate the reason (inconsistency of documents with legislation, lack of specific acts). As soon as the participant eliminates the violations that have arisen, he can re-apply for confirmation.

Notifying about the results of accreditation, the operator must attach the details of the personal account on which the electronic trading participant will carry out operations to secure applications.

After obtaining authorization, the administrator enters information on the supplier in the registry. The accreditation lasts for three years from the moment the participant receives the notification from the operator. The accredited party has the right to participate in all auctions held there. The supplier assumes the obligation to provide reliable data about himself, that is, he must constantly monitor changes in the documents and send them to the site operator.

The supplier cannot participate in the procurement from the moment of notification that there are three months left until the end of the accreditation. The participant must take care of the passage of the confirmation in advance. The recommended period for re-accreditation is six months before the end of the previous one.

3. Top up your personal account.

As soon as the accreditation has been confirmed, a personal account is opened for the participant. The supplier transfers to his account cash in order to secure the application for participation in the auction. The customer independently determines the exact amount. As a rule, it is equal to 0.5-5% of the initial contract price. At the time of the auction, the amount of money is blocked. Later, the money invested in the security is returned, but for this it is necessary to submit a special application signed by an EDS.

4. We transfer the application for participation in the e-procurement.

Only after completing the previous three steps does the organization gain the right to submit a request for participation in tenders. The company should start preparing it a few days before submitting it to the trading platform. Consider the features of the transfer of calls:

this only happens in in electronic format;
if the initial maximum price (NMC) of the purchase does not exceed 3 million rubles, then the deadline for submitting an application from the date of publication is at least seven days, if 3 million rubles are exceeded, the NMC is at least 15 days;
the company submits an appeal, consisting of two parts, at a time;
in parallel, the company provides collateral, while a tender loan is the most acceptable way;
even if the company won by offering the most favorable price, this does not mean that the contract will be concluded with it, since the second part considered may be rejected.

To form both parts of the application, make scanned versions of the documents and attach them to the site in specialized forms, which you can see as soon as you select specific e-procurement and activate the button to participate.

All other documents will be added automatically to the application from personal account therefore it is important to keep the information provided about the company up to date.

The uploaded certificate package is certified digitally signed and is sent for consideration by activating the corresponding button. Each platform has its own peculiarities in the signing of the requirement. So, at Sberbank-AST, each attached paper is first certified, and then - the application, at other sites - only circulation.

5. We are awaiting a decision on your participation.

When considering the first parts of the bids, the customer either admits the participants to the auction, or rejects them. Until the consideration of the second parts, the names of the counterparties are hidden.

6. We take part in purchases.

When a company is admitted to the auction, a date is set for the auction. On a specific day and hour, participants submit quotations. You are given 10 minutes to complete the auction step, and its size is 0.5-5% of the NMC.

At the end of the auction, the second parts of the bids are considered, the protocol of their consideration is published and, as a result, an act summarizing the results, as well as an indication of the winning supplier.

7. In case of victory, load the bank guarantee.

The company uploads a bank guarantee (BG) to the trading platform, which is a surety fair execution all obligations stipulated by the contract. BG is given by banks for a cash amount equal to 30% of the NMC, while financial and credit organizations receive remuneration in the amount of 2-4% of the cash collateral.

8. We sign the contract.

The winner concludes an agreement, sent by the customer, using a digital signature. Then it is confirmed by the buyer, and from that moment it is considered valid. Please note that all documents are signed electronically only.

Signs that the bidding was a fraudulent scheme

1. Short terms. A sufficient amount of time is required for each delivery of goods, performance of work or services. If the draft contract specifies the time for which it is unrealistic to fulfill it, then, as a rule, it is a matter of falsification. For example, you are interested in the supply of office equipment, the delivery time of which is four business days, but in reality, such a purchase can be made within a month. Accordingly, you have fallen into a corruption scheme. Such conditions indicate that the goods have already been delivered, but for the execution of electronic trading in accordance with No. 44-FZ, the customer covered himself with falsified transactions.

2. Terms of reference with special circumstances. Sometimes the auction is specially designed so that only a certain supplier can fulfill its conditions. Let's take as an example the well-known purchase of medical equipment in Moscow, which took place five years ago. Computed tomographs have a bar with a height of about 1.5 meters. Most manufacturers produce tomographs with a bar height of 1.5-1.52 meters, and only one company produces this equipment with a bar height of 1.54 meters. That is, the customer, when forming the auction documentation, made a "sharpening" for a specific manufacturer by specifying the exact height of the bar, the length of which does not at all affect the quality characteristics of the equipment. Finding such conditions of the auction, you should familiarize yourself with the documentation in detail, analyze it and, if you are interested, complain to the FAS about the restriction of competition.

3. Limit for subcontracting. In the auction documentation, the customer has the right to authorize or restrict the contractor (performer) to subcontract (co-performance). This legal right of the customer is often a justified measure in the purchase of the same type of product (for example, stationery), since there are companies that regularly take part in an electronic auction, in which the purchase of an item was originally planned as an intermediary. That is, the firm, acting as an intermediary, gives the order to third parties and has 20-30% of the contract amount from such a transaction. In such dubious operations, the quality of the delivered goods suffers. You should not limit the contractor to subcontracting if the products combined in one lot are not of the same type. For example, the subject of the contract is the supply of office supplies and safes. In this case, the contractor will have to resort to cooperation with the supplier of safes. When subcontracting is prohibited, as a rule, it is "sharpening" for a specific supplier.

4. Hidden purchases. Buyers resort to the following trick: they deliberately make a mistake in the subject of electronic auctions so that suppliers cannot find it. So, from the title "Carrying out measures in connection with the provision of state institution»It is impossible to understand that the customer has formed several lots in one auction, namely: delivery software, its modernization and training. Such applications are formed for specific executors, which is a violation of antimonopoly legislation.

Organization of tenders in electronic form

To begin with, the consumer determines what he will buy this way. Internet purchases under No. 44-FZ are strictly regulated, and under No. 223-FZ, the buyer is given the right to establish his own rules that do not contradict the law. The consumer independently develops the Procurement Regulations of his institution and is guided by the norms prescribed therein. The FAS may become a reference point for the explanation of electronic trading in accordance with No. 223-FZ.

Let's analyze two options for the customer's actions.

1. We accept applications fore- mail.

For example, in the Procurement Regulations, the client prescribed that for their establishment, electronic trading is an interchange emails... The purchaser must make a commitment to the uninterrupted operation of the post office to ensure fair and equitable application procedures. The purchaser will not be able to guarantee the uninterrupted operation of the provider, whose work may be interrupted due to technical problems.

An unscrupulous participant can submit an application knowing in advance that it does not meet the conditions of the procurement documentation. At the same time, the consumer bears the risk of non-fulfillment of obligations under the contract.

Even if the application stage went smoothly, how can the customer guarantee the participants the simultaneous opening of orders? Most likely, they will be revealed to them in advance, thereby giving preference to certain suppliers.

The greatest risk of corruption lies in wait for the client at the stage of accepting and opening applications, thereby violating Part 1 of Art. 17 of the Federal Law on the Protection of Competition.

Also, the buyer will face difficulties in conducting an auction and submitting quotations. It is almost impossible to accomplish this using a postal service as a trading platform.

Conclusion: huge risks are borne by the organizer of the auction through the use of a mailbox. This method will not make the job easier, but will only create a lot of problems in compliance with antitrust laws.

2. We organize an electronic procurement form through the operator of the website.

If the rules for holding tenders through Internet trading platforms are fixed in the Regulations, the responsibility for the operator lies entirely with the customer. In No. 223-FZ there is no concept of "operator of an electronic site", respectively, the site is not a subject of online purchases and cannot be the bearer of responsibility under No. 223-FZ.

Internet pages do not guarantee uninterrupted operation, and in case of possible violations and complaints from participants, the buyer is responsible. If the claim is recognized as justified, an order will be issued to him. In case of refusal to fulfill it, a fine of up to 500 thousand rubles is imposed on the consumer.

We recommend that purchasers be very careful when choosing an operator. Be sure to mark each other's areas of responsibility. It is better to fix in the Regulations that the rules for conducting a specific method of procurement, as defined in the Regulations of the institution, and the rules for conducting on the electronic site may differ, taking into account the functionality of the platform operator.

That is, if the operator doesn't give you full guarantee compliance with the Procurement Regulations of your enterprise, then actions taken outside of its framework will be recognized as unreasonable and inappropriate to the norms of your document and, accordingly, will be qualified as an offense under Part 1 of Art. 2 FZ. Such offenses lead to the issuance of prescriptions that will force changes and additions to the internal documentation, as well as re-bidding.

How to make e-commerce the most profitable

Planning and budgeting. Employees of your company should monitor electronic platforms to determine the purchase prices of the goods that you need. For example, on the RTS-tender, these data are public.
Search for potential suppliers. You can qualify on internet platforms. So, "Gazprom" annually, using the information on the site, compiles a list of children's camps, but in the end?

Placing a government order through an open electronic auction is the most transparent and effective method of purchasing products, works, and services for various needs of a state or municipal department. The procedure by which an open electronic auction is held is regulated by a number of federal laws:

accompanying the tender

Federal Law 94-FZ RF dated 21.07.2005.

Federal Law 44-FZ RF dated 05.05.2013.

Federal Law 223-FZ RF dated 18.07.2011.

Benefits of open auctions

All specialists in the field of public procurement are well aware of the difficulties that arise when tenders are held according to traditional schemes - significant time and financial expenditures and much more. Compared to a simple tender, an open auction in electronic form has a number of positive aspects:

a short period during which the procedures are carried out;
saving finances allocated from the budget to organize and conduct tenders;
transparent and open rules approved for procurement;
fair competition, which excludes non-price ways of fighting;
participation in open auctions is possible from anywhere in the world where there is Internet, without having to leave your own office, which is quite convenient;
equal rights for all suppliers;
increased degree of security and protection, the ability to use a digital signature;
an open auction is available for small businesses that previously could not enter the sphere of public procurement.

In addition to saving budget funds and reducing corruption, the implementation of measures established by the government guarantees extensive access to government orders for representatives of small and medium-sized businesses - as a result, sales markets for their products and services are expanding.

How to participate in the auction

In order to participate in an open auction, you need to have an electronic signature from the center that certifies it. Information about such centers is contained in the TSL list (reestr-pki.ru). You also need to be accredited on the online trading platform where the open auction is held.

There are five such Internet sites in total:

You do not need to pay for accreditation on the Internet site, but only if the organization is not the winner (the fixed amount is 3,000 rubles).

It is important! To participate in an open electronic auction, the participant's account must have the amount required to make the mandatory security for the Internet application (from 0.5 to 5 percent) of the initial (maximum) cost of the state contract. Moreover, this amount will be frozen immediately until the completion of the procedure, during which a government contract will be concluded or an Internet application rejected.

It should be noted that the operator of the Internet site is obliged to guarantee the confidentiality of information about the participating organizations during the online auction.

In the first part of the Internet application for participation, the name of the organization is not given. The state customer directly from the operator receives Internet applications under the numbers. When considering such applications, he does not know what kind of organization is being removed or allowed to participate in the auction.

When an auction is held, the bidders have knowledge of the number of bidders, but they do not know the name of the persons. As a result, an online auction is considered open in terms of the level of access to information about its holding and, at the same time, in the form in accordance with which proposals are submitted. But according to the availability of information about other bidders, it is considered closed.

Open auction procedure: how the winner is determined

The procedure, according to which the auction is held in an open form, is divided into several stages, the terms of each of them are determined and known in advance.

First, Internet applications are submitted before the deadline for their admission to participate in the Internet auction.

Then the first parts of Internet applications are considered (no more than seven calendar days from the date of completion of their acceptance). Moreover, the submission of the first parts of Internet applications occurs anonymously (unless the bidder attaches documentation to his own letterhead). The first parts contain the consent of the participant and, if necessary, the names and the exact technical specifications products that are supplied. Bidders who were rejected at this stage are not allowed to bid.

The online auction procedure is carried out online - during it, the participants reduce the cost within the "auction step" (0.5 - 5 percent). The second parts of Internet applications are discussed below.

The next day after the results are summed up, the responsible persons publish the protocol. After that, within 5 days from the date of its placement through the online platform, the state customer sends the winning organization a standard form of the state contract, which is not completed and not signed. Moreover, the person involved can, instead of signing the state contract, send in response a protocol of discrepancies. It specifies the design provisions of the state contract that do not correspond to the notice of the online auction, documents or its online application.

Winning organization, if the state customer has determined the requirement to secure contractual performance, it will be necessary to provide a similar one in the form of an irrevocable bank guarantee, a surety agreement, or transferring money to the state customer, in the amount of security for the performance of the state contract (up to thirty percent of the cost of the state contract), which is provided for in the auction documents.

The conclusion of the state contract is made only after the auction participant provides confirmation regarding the provision of security - sent in electronic form together with a signed copy of the state contract through the interface of the trading platform.

Our specialists guarantee compliance with the requirements of the law at all stages of the tender support. Settlement of disputes with customers, appeal against decisions of the Federal Antimonopoly Service, work on all trading floors.

You should pay attention to the fact that, for example, a request for quotations is carried out only if it is no more than 500,000 rubles, and - no more than 10% and does not exceed 100 million rubles.

It is also important to remind that the request for proposals is carried out in the cases regulated by the Law on the Contract System:

competitive procedures were declared invalid;
the electronic auction did not take place;
there is a need to purchase products that make up the unfulfilled part of the terminated contract;
the need to purchase goods and services that are specified in.

Changes in 2019

02/12/2018, the auction list under 44-FZ was amended by Government Decree No. 213-r. In the position defined by OKPD2 49, in the exceptions instead of codes 49.1, 49.31.21.140, 49.5, codes 49.1, 49.31.21, 49.39.11, 49.5 became. We wrote more about this in the article. And you can download the list of auction goods in accordance with 44-FZ of the current edition, please follow the link below.

Customer responsibility

It should be borne in mind that for the wrong choice of purchasing products included in this list, it is possible to attract responsible persons the customer to liability in accordance with the Code of Administrative Offenses of the Russian Federation, namely, the imposition of a fine in the amount of 50,000 rubles.