How to extend the deadline for submitting applications for participation in an open auction? Everything has its time. Some subtleties of the deadlines for publishing notices and filing applications Procedure for determining the deadline for filing applications
D.F. Ayatskov
scientific adviser Interregional Institute additional education, Acting State Councilor of the Russian Federation, 2nd class, Doctor of Historical Sciences, Professor
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2. A participant in an open tender shall submit an application for participation in an open tender in writing in a sealed envelope, which does not allow viewing the contents of the application before opening. Approximate form applications for participation in an open tender may be indicated in the standard tender documentation. An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely:
A) name, company name (if any), location (for legal entity), mailing address participant in an open tender, taxpayer identification number (if any) of the founders, members of the collegial executive body, a person acting as the sole executive body of an open tender participant, last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number;
(see text in previous edition)
B) an extract from a single state register legal entities or a notarized copy of such an extract (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs or a notarized copy of such an extract (for individual entrepreneur) that are received no earlier than six months before the date of placement in a single information system notice of an open tender, copies of identity documents (for another individual), duly certified translation into Russian of documents on state registration a legal entity or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);
c) a document confirming the authority of a person to act on behalf of a participant in an open tender - a legal entity (a copy of the decision on the appointment or election or a copy of the order on the appointment of an individual to a position, in accordance with which such individual has the right to act on behalf of a participant in an open tender without a power of attorney (hereinafter in this article - the head). If another person acts on behalf of an open tender participant, the application for participation in an open tender must also contain a power of attorney to act on behalf of an open tender participant, certified by the seal of the open tender participant (if there is a seal) and signed by the head (for a legal entity) or a person authorized by the head, or a notarized copy of the said power of attorney. If the specified power of attorney is signed by a person authorized by the head, the application for participation in an open tender must also contain a document confirming the authority of such a person;
(see text in previous edition)
D) documents confirming the compliance of an open tender participant with the requirements for tender participants established by the customer in the tender documentation in accordance with paragraph 1 of part 1 of article 31 of this federal law, or copies of such documents, as well as a declaration of compliance of an open tender participant with the requirements established in accordance with clauses 3-9 of part 1 of article 31
(see text in previous edition)
E) a decision to approve or conclude a major transaction, or a copy of such a decision, if the requirement that such a decision is required to complete a major transaction is established by law Russian Federation, founding documents for a legal entity and for a participant in an open tender, the supply of goods, the performance of work or the provision of services that are the subject of the contract, or the deposit of funds as security for an application for participation in an open tender, the security for the performance of a contract is big deal;
g) documents confirming the right of an open tender participant to receive benefits in accordance with this Federal Law, if the open tender participant has declared that he has received the said benefits, or copies of such documents;
(see text in previous edition)
H) documents provided for by regulatory legal acts adopted in accordance with Parts 3 and 4 of Article 14 of this Federal Law, in the case of the purchase of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an open tender does not contain the documents specified in this subparagraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;
(see text in previous edition)
i) a declaration on the affiliation of a participant in an open tender to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law;
2) the proposal of an open tender participant in relation to the object of procurement, and in the case of the purchase of goods, also the proposed unit price of the goods, the name of the country of origin of the goods (if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of this Federal Law);
(see text in previous edition)
3) in the cases provided for by the tender documentation, copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation (if there are such requirements for the specified product, work or service in accordance with the legislation of the Russian Federation). At the same time, it is not allowed to demand the submission of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods;
5) documents confirming the deposit of security for an open tender application (a payment order confirming the transfer of funds as security for an open tender application, or a copy of this payment order or a bank guarantee that meets the requirements of Article 45 of this Federal Law), in if the customer, in accordance with this Federal Law, establishes a requirement to secure an application for participation in an open tender. These documents are not submitted by state, municipal institutions;
(see text in previous edition)
6) in the event that the tender documentation specifies such a criterion for evaluating applications for participation in the tender as the qualification of an open tender participant, the application of an open tender participant may also contain documents confirming his qualifications, while the absence of these documents is not a basis for recognizing the application as not complying with the requirements of this Federal Law.
4. All sheets of a written application for participation in an open tender, all sheets of a volume of such an application must be bound and numbered. An application for participation in an open tender and each volume of such an application must contain an inventory of the documents included in them, be affixed with the seal of the participant in the open tender if there is a seal (for a legal entity) and signed by the participant in the open tender or a person authorized by the participant in the open tender. Compliance by an open tender participant with these requirements means that the information and documents included in the application for participation in an open tender and volumes of an application for participation in an open tender are submitted on behalf of an open tender participant and he is responsible for the authenticity and reliability of these information and documents. The name of the open tender (lot) is indicated on the envelope, which makes it possible to determine the open tender (lot) for participation in which the application is submitted. It is not allowed to establish other requirements for filling out an application for participation in an open tender. Wherein improper performance by an open tender participant, the requirement that all sheets of such application and volumes must be numbered shall not be grounds for refusing admission to participation in an open tender.
(see text in previous edition)
Often Customers commit violations in the calculation and setting the date the deadline for submitting applications for participation in the electronic auction, thereby limiting the possibility of participation some Suppliers, as on weekends and public holidays Operators electronic platforms do not consider applications for accreditation and Banks don't charge cash to a personal virtual account designed to secure applications.
According to paragraph 3 of part 1 of Art. 64 of the Federal Law of 05.04.2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law N 44-FZ), documentation of an electronic auction (hereinafter also referred to as an auction), along with the information specified in the notice of such an auction, must contain the date and the deadline for submitting applications for participation in such an auction.
In accordance with Part 2, 3 Art. 63 of the Federal Law of 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", the customer places in the Unified Information System a notice of the electronic auction at least 7 days before the deadline for submitting applications for participation in such an auction. If the initial (maximum) price of the contract (price of the lot) exceeds 3 million rubles, - not less than 15 days before the deadline for filing applications for participation in such an auction. A participant in an electronic auction has the right to submit an application for participation in such an auction at any time from the moment a notice of its holding is posted until the date and time specified in the documentation for such an auction, the deadline for filing applications for participation in such an auction (part 7 of article 66 of Law No. 44- FZ).
In the above norms of the Law, there is no specification of whether these are working days, weekends or non-working days. holidays. However, in some cases, the norms of Law No. 44-FZ contain an indication that working days are included in one or another period (for example, part 11 of article 31, part 1 of article 36, parts 4-6 of article 37, part 6 article 44).
Based on the above, it can be concluded - if Law No. 44-FZ does not clearly define whether this is a working day, then days are calculated in calendar days.
For customers when posting a notice, necessary be guided by the provisions of the civil legislation of the Russian Federation, since in accordance with Part. 1 Article. 2 of the Law on the contract system, the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs is based, among other things, on the provisions Civil Code Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In the Civil Code of the Russian Federation, the rules for calculating terms are established by Ch. 11 (v. 190-194). Namely, when setting the deadline for submitting applications for participation in the auction, it is necessary take into account the rule of art. 193 of the Civil Code of the Russian Federation, according to which, if the last day of the term falls on a non-working day, the expiration day of the term is the next working day following it.
For example, if a notice of an electronic auction with a contract price of less than 3 million rubles is posted on the official website (www.zakupki.gov.ru) on 07/07/2017, the deadline for submitting applications should be set no earlier than 07/17/2017.
Supervisory and judicial authorities, also adhere to the position that the deadline for filing applications should end on a business day. These decisions are reflected in:
- Decision of the Fifth Arbitration Court of Appeal dated April 2, 2014 in case No. A51-25627 / 2013
- Decision of the Fifth Arbitration Court of Appeal dated September 28, 2015 N 05AP-7045/2015 in case N A51-5132/2015
- Decision of the Arbitration Court of the Republic of Mari El dated October 28, 2014 in case N A38-4158 / 2014
- Resolution of the Fourteenth Arbitration Court of Appeal dated March 11, 2016 in case No. А05-12389/2015
OUTPUT EXPERT "a
Based on the above positions of the application of the Law on the contract system and the Civil Code of the Russian Federation, Judicial practice, we can conclude:
installed Customer date and time deadline for applications to participate in an electronic auction should not fall on non-working hours However, the acceptance of applications may consist mainly of non-working days (decision of the Tambov OFAS Russia dated May 21, 2013 in case No. РЗ-91-108/13). The reduction by the Customer of the specified deadlines for submitting applications violates the rights of potential Suppliers (contractors, performers) and affects the results of the electronic auction, and violation of the provisions of Law No. 44-FZ and the provisions of the Civil Code of the Russian Federation is fraught with administrative liability officials Customer.
OTS.ru provides the possibility of automatically extending the deadline for submitting applications for a period specified by the organizer.
To do this, at the 3rd step of creating the procedure, you must check the box "Automatic extension of the application deadline", as well as specify the extension condition and the time by which the application deadline will be extended.
The following renewal options are available:
1. If one application is submitted or none is submitted. An option to extend the deadline for filing applications by the number of calendar days set by the organizer of the procedure, if by the end of the deadline for filing applications, either no applications have been submitted, or only one application has been submitted. The number of calendar days for which the deadline for submitting applications is extended is set by the organizer in the field "Time to extend the procedure
(in days)" of the "Timelines and Explanations" subsection of the "Publication of a new procedure" form. This condition extensions are only available for the Request for Quotation purchase method.
By default, auto-renewal is set to 4 calendar days.
2. If 1 application is submitted or none is submitted - the option of extending the deadline for filing applications by the number of working days set by the organizer of the procedure if by the end of the deadline for filing applications either no applications have been submitted, or only one application has been submitted. The number of working days for which the deadline for submitting applications is extended is set by the organizer in the "Time to extend the procedure (in days)" field of the "Terms and Explanations" subsection of the "Publication of a new procedure" form.
By default, auto-renewal is set to 4 business days.
3. If the application for participation is submitted for M or less minutes before the deadline for submission of applications specified in the notice. By default, auto-renewal (N) is set to 30 minutes. The number of minutes by which the application deadline is extended is set by the organizer when a new procedure is published in the "Time to extend the procedure (in minutes)" field in the "Terms and Explanations" subsection.
If the application for the procedure was filed during the last M minutes before the deadline for filing applications, then the time for filing applications is automatically extended for the specified period. This extension may occur an unlimited number of times as long as the interval between the last application submission time and the application deadline is less than M minutes. Otherwise, auto-renewal does not occur and the submission of applications ends, the lot goes into the "Opening access" status.
Notes:
1. M - Time until the end of submission of applications (in minutes);
N - Time to extend the procedure (in minutes).
2. Automatic extension of the deadline for submission of applications cannot exceed the date of consideration of applications.
3. According to the Civil Code Article 191 and the Federal Law "On the Calculation of Time", the calculation of terms in calendar days starts from the next day. That is, when the "Auto-renewal of the application deadline" parameter is set, the countdown period will begin from a new calendar day.
4. The deadline for submission of applications cannot fall on a weekend. If the renewal deadline falls on a weekend, it will be automatically extended to the next business day.
Attention! A bidder's change to a previously submitted offer less than M minutes before the deadline for submission of bids is a sufficient condition for automatic renewal to be triggered.
Keywords:
renew, extension, submission deadline, automatic, automatic, auto-renewal
The deadline for filing applications for participation in an electronic auction is counted from the next day after the notice of the auction is posted. The timing of the publication in the UIS of a notice of an electronic auction is explained in the letter of the Ministry of Economic Development of Russia dated August 28, 2015 No. OG-D28-11486.
A notice of an electronic auction is posted by the customer in a unified information system (clause 1, article 63 of Federal Law No. 44-FZ of April 5, 2013). Depending on the size of the initial (maximum) contract price (lot price), the customer is required to place a notice of an electronic auction in the EIS at least seven or fifteen days before the deadline for filing applications for participation in such an auction.
So, if the H (M) C of the contract (lot price) does not exceed three million rubles, the customer places a notice in the EIS at least seven days before the deadline for filing applications for participation in such an auction. If the N(M)C of the contract (lot price) exceeds three million rubles, the customer places in the EIS a notice of an electronic auction at least fifteen days before the deadline for filing applications for participation (clauses 2, 3, article 63 of Law No. 44-FZ).
The law on the contract system is also based on the provisions of the Civil Code of the Russian Federation. The course of a period determined by a period of time begins the day after the calendar date or the occurrence of the event that determined its beginning (Article 191 of the Civil Code of the Russian Federation).
This means that the deadline for filing applications for participation in the auction begins on the day after the day the notice of the electronic auction is posted. Previously, the ministry had a different position. The day the notice of the electronic auction is posted in the EIS is included in the seven-day period for filing applications, since it is also possible to submit an application on that day (letter of the Ministry of Economic Development of Russia dated 09.04.2015 No. D28i-905).
At the same time, the reference was to paragraph 1 of Article 194 of the Civil Code of the Russian Federation, according to which, if the deadline is set for the performance of any action, it can be performed up to twenty-four hours last day term. However, if this action must be performed in an organization, then the period expires at the hour when the corresponding operations are terminated in this organization according to the established rules.
The time for submitting bids is set by the customer in the auction documentation at the hour when such a customer, according to the rules established by him, terminates the corresponding operation. Therefore, the day of posting the notice was included in the seven-day deadline for filing applications.
