home Ways to make money Failed electronic auction. The term for consideration of the second parts of applications for participation in the electronic auction Part 5 of Article 69 of Law 44 FZ

Failed electronic auction. The term for consideration of the second parts of applications for participation in the electronic auction Part 5 of Article 69 of Law 44 FZ

Article 69. The procedure for considering the second parts of applications for participation in electronic auction

1. The auction commission considers the second parts of applications for participation in the electronic auction and documents sent to the customer by the operator of the electronic site in accordance with part 19 of Article 68 of this Federal law, in terms of their compliance with the requirements established by the documentation for such an auction.

2. The auction commission, based on the results of consideration of the second parts of applications for participation in an electronic auction, makes a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for in this article. To make this decision, the auction commission considers the information on the participant of such an auction who submitted this application, contained in the register of participants in such an auction that have received accreditation on the electronic platform.

3. The auction commission shall consider the second parts of bids for participation in an electronic auction, sent in accordance with Part 19 of Article 68 of this Federal Law, prior to making a decision on the compliance of five such bids with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction filed by its participant who offered the most low price of the contract, and is carried out taking into account the ranking of these applications in accordance with part 18 of article 68

4. In the event that, in accordance with part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation on such an auction are not identified, out of ten applications for participation in it previously sent to the customer based on the ranking results, within one hours from the moment of receipt of the corresponding notification from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these applications, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five applications for participation in such an auction that meet the requirements established by the documentation about it.

5. The total period for consideration of the second parts of applications for participation in an electronic auction may not exceed three business days from the date of posting on the electronic platform of the protocol of the electronic auction.

6. An application for participation in an electronic auction is recognized as not complying with the requirements established by the documentation for such an auction, if:

1) failure to submit documents and information that are provided for by clauses 1, 3 - 5, 7 and 8 of part 2 of Article 62, parts 3 and 5 of Article 66 of this Federal Law, non-compliance of the said documents and information with the requirements established by the documentation on such an auction, the presence in the specified documents of inaccurate information about a participant in such an auction as of the date and time of the deadline for submitting applications for participation in such an auction;

2) non-compliance of a participant in such an auction with the requirements established in accordance with Part 1, Parts 1.1 and 2 (if any such requirements exist) of Article 31 of this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission who participated in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in united information system... The specified protocol must contain information on the serial numbers of five applications for participation in such an auction (if a decision is made on the compliance of five applications for participation in such an auction with the requirements established by the documentation for such an auction, or if the auction commission accepts on the basis of consideration of the second parts of applications for participation in such an auction filed by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision has been made on compliance with the requirements established by the documentation for such an auction, or, if, on the basis of consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision has been made on compliance with the established requirements for more than one application for participation in such an auction, but less than five of these applications, as well as information on their serial numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and with an indication of the provisions of this Federal Law which the participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not meet the requirements established by the documentation about it, information on the decision of each member of the auction commission in relation to each application for participation in such an auction.

9. Any participant of an electronic auction, with the exception of its participants, whose applications for participation in such an auction received the first three serial numbers in accordance with the protocol for summing up the results of such an auction, has the right to withdraw an application for participation in such an auction by sending a notification to the operator of the electronic platform, from the moment of publication of the specified protocol.

10. An electronic auction participant who has offered the lowest contract price and whose application for participation in such an auction meets the requirements established by the documentation about him, is recognized as the winner of such an auction.

11. In the case provided for in Part 23 of Article 68 of this Federal Law, the winner of an electronic auction is its participant who has offered the highest price for the right to conclude a contract and whose application for participation in such an auction meets the requirements established by the documentation for such an auction.

12. Within one hour from the moment of posting on the electronic site and in the unified information system of the protocol for summing up the results of the electronic auction, the operator of the electronic site sends to the participants of such an auction, the second parts of whose applications for participation in it were considered and in respect of whose applications for participation in such an auction were accepted decision on compliance or non-compliance with the requirements established by the documentation for such an auction, notification of decisions made.

13. If the auction commission decides that all the second parts of the applications for participation in it do not meet the requirements established by the documentation on the electronic auction, or that only one second part of the application for participation in it meets the specified requirements, such an auction is considered invalid.

Article 69. Procedure for consideration of the second parts of applications for participation in an electronic auction

1. The Auction Commission considers the second parts of applications for participation in an electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

3. The auction commission shall consider the second parts of bids for participation in an electronic auction, sent in accordance with Part 19 of Article 68 of this Federal Law, prior to making a decision on the compliance of five such bids with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction filed by its participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with Part 18 of Article 68

6. An application for participation in an electronic auction is recognized as not complying with the requirements established by the documentation for such an auction, if:

1) failure to submit documents and information that are provided for by part 11 of Article 24.1, parts 3 and 5 of Article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation on such an auction, the presence in the said documents of inaccurate information about a participant in such an auction as of the date and the expiration time for the submission of applications for participation in such an auction;

2) non-compliance of the participant of such an auction with the requirements established in accordance with Part 1, Parts 1.1, and 2.1 (if any such requirements exist) of Article 31 of this Federal Law;

3) provided by the regulatory legal acts adopted in accordance with Article 14 of this Federal Law.

7. A decision on non-compliance of the application for participation in an electronic auction with the requirements established by the documentation for such an auction, on the grounds not provided for by part 6 of this article, is not allowed. An application for participation in an electronic auction cannot be recognized as inconsistent with the requirements established by the documentation on such an auction due to the lack of information and electronic documents provided for in Clause 5 of Part 5 of Article 66 of this Federal Law, as well as Clause 6 of Part 5 of Article 66 of this Federal Law, except for the case of procurement of goods, works, services, in respect of which a ban is established, provided for in Article 14 of this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission who participated in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in unified information system. The specified protocol must contain information on the identification numbers of five applications for participation in such an auction (if a decision is made on the compliance of five applications for participation in such an auction with the requirements established by the documentation for such an auction, or if the auction commission is accepted on the basis of consideration of the second parts of applications for participation in such an auction filed by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision has been made on compliance with the requirements established by the documentation for such an auction, or, if, on the basis of consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision has been made on compliance with the established requirements for more than one hare requests for participation in such an auction, but less than five of these applications, as well as information on their identification numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and with an indication of the provisions of this Of the Federal Law, which a participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not meet the requirements established by the documentation about it, information on the decision of each member of the auction commission in respect of each bid for participation in such an auction.

1. The Auction Commission considers the second parts of applications for participation in an electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with Part 19 of this Federal Law, in terms of their compliance with the requirements established by the documentation for such an auction.

3. The Auction Commission shall consider the second parts of applications for participation in an electronic auction, sent in accordance with Part 19 of this Federal Law, prior to making a decision on the compliance of five such applications with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction filed by its participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with Part 18 of this Federal Law.

4. In the event that, in accordance with part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation on such an auction are not identified, out of ten applications for participation in it previously sent to the customer based on the ranking results, within one hours from the moment of receipt of the corresponding notification from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these applications, ranked in accordance with Part 18 of this Federal Law, in order to identify five applications for participation in such an auction that meet the requirements established by the documentation about it.

6. An application for participation in an electronic auction is recognized as not complying with the requirements established by the documentation for such an auction, if:

1) failure to submit documents and information that are provided for by part 11, parts 3 and 5 of this Federal Law, non-compliance of the said documents and information with the requirements established by the documentation for such an auction, the presence in these documents of inaccurate information about a participant in such an auction as of the date and time of the deadline for submission applications for participation in such an auction;

2) non-compliance of a participant in such an auction with the requirements established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if any such requirements exist) of this Federal Law;

3) provided for by regulatory legal acts adopted in accordance with this Federal Law.

7. A decision on non-compliance of the application for participation in an electronic auction with the requirements established by the documentation for such an auction, on the grounds not provided for by part 6 of this article, is not allowed. An application for participation in an electronic auction cannot be recognized as inconsistent with the requirements established by the documentation for such an auction due to the lack of information and electronic documents provided for in Clause 5 of Part 5 of this Federal Law, as well as Clause 6 of Part 5 of this Federal Law, except for the case of procurement of goods, works, services, in respect of which a ban is established, provided for by this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission who participated in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in unified information system. The specified protocol must contain information on the identification numbers of five applications for participation in such an auction (if a decision is made on the compliance of five applications for participation in such an auction with the requirements established by the documentation for such an auction, or if the auction commission is accepted on the basis of consideration of the second parts of applications for participation in such an auction filed by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of this Federal Law and in respect of which a decision was made on compliance with the requirements established by the documentation on such an auction, or, if, on the basis of consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision was made on the compliance of more than one application with the established requirements to study position in such an auction, but less than five of these applications, as well as information on their identification numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the justification for this decision and with an indication of the provisions of this Federal Law which the participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not meet the requirements established by the documentation about it, information on the decision of each member of the auction commission in relation to each application for participation in such an auction.

11. In the case provided for in Part 23 of this Federal Law, the winner of an electronic auction is its participant who has offered the highest price for the right to conclude a contract and whose application for participation in such an auction meets the requirements established by the documentation for such an auction.

The provisions of Article 69 of Law No. 44-FZ are used in the following Articles:

In the article, we will tell you about the procedure for considering the second parts of bids for the auction and how long the commission is allotted for evaluating the second parts of bids for participation in an electronic auction.

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

The minimum period for submitting bids for the auction is 7 days. If NMCK exceeds 3 million rubles, this period must be at least 15 days. The maximum period is not limited by law. Customers are guided by common sense, experience with similar procedures and the complexity of the procurement object.

Recall what the second part includes:

information about the participant: full name of the individual / individual entrepreneur or company name, address, contacts, TIN;
papers on compliance with the necessary requirements;
documents confirming the quality of the goods;
decision to approve a major transaction;
benefits papers;
declaration of belonging to the NSR (if necessary).

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The auction procedure is as follows:

the auction commission considers the first parts of the bids and determines which of the participants can be admitted to further stages (they are included in the protocol and will take part in the price reduction procedure);
a price reduction procedure is being carried out;
the commission considers the second parts of the applications before it finds 5 that meet all the requirements;
the winner is determined.

An application for participation in an electronic auction consists of two parts, which the applicant submits at the same time. Consider the first parts. In two days, the ETP operator will hold an auction and draw up a protocol that will be posted on the site. Within an hour, the operator will send the protocol to the customer, and along with it the second parts of the bids, 10 participants who offered the best prices. If less than 10 bidders participate in the purchase, the operator will transfer all bids. Also get documents from the register of participants.
Read how to review the second parts of applications and how to draw up the final protocol.

The total period for consideration of the second parts of applications for participation in the electronic auction

It cannot exceed 3 days. This time period is counted from the date of publication in the EIS of the protocol summarizing the price reduction procedure. The commission checks whether the applications meet the requirements specified by the customer in the documentation.

After the end of the price reduction procedure, the trading platform operator sends the customer 10 bids with the lowest contract price. They are considered by the commission, starting with the one that contains the minimum price, until there are 5 that meet all the conditions.

What threatens the customer for violation of the terms of consideration of the second parts of applications? This is a violation of Part 13-14 of Art. 7.30 of the Administrative Code of the Russian Federation. If the customer did not manage to publish the protocol in time, but less than 2 days have passed since the deadline, he faces a fine of 3 thousand rubles. If the deadline is missed for more than 2 days, the amount increases to 30 thousand rubles.

Why the second part might be rejected

As a result, the commission may reject applications in which:

information is specified that does not meet the requirements contained in the auction documentation;
included incomplete or incorrect data about the participant or his product (work or service).

The reason for the rejection of the application of each participant is written in the minutes. The auction can be declared invalid if the commission rejected all bids or approved only one of them. By the way, in the latter case, the customer has a chance to conclude a contract with the author of the approved application, if, of course, both parts of it meet all the requirements of the documentation.

Whether to reject the application if the procurement participant in an open tender did not submit a declaration of belonging to the NSR and did not declare its belonging to the NSR through the platform's hardware and software complex,

The term for consideration of the second parts of 223-FZ

Customers under 223-FZ use the rules and terms established in the procurement regulation. Often the order of the auction looks like this:

the announcement of the auction;
provision of documentation;
clarification of its provisions;
accepting applications;
consideration of applications;
conducting the auction procedure and choosing the winner;
conclusion of a contract.

The Transneft company does not set the terms for evaluating bids at all in its position, but simply indicates: the consideration is carried out within the timeframes established by the notice and the procurement documentation.

10 controversial situations in the electronic competition: how they now work with the admission of applications and can you do it correctly

Paper contests are a thing of the past. And with them all the previous rules for the admission and evaluation of applications. Read how the participants' applications now look and what they consist of. At the end of the article, we modeled 10 controversial situations in an electronic competition and invite you to resolve them. Check yourself if you can answer all the test questions without errors.

For example, in the purchase with the notification number 31907739606 (published in the EIS on 03/21/2019, the end of the application submission period is 04/16/2019), the following is indicated:

date of consideration of 1 parts of applications - 04/30/2019;
consideration of 2 parts of applications - from 08/05/2019 to 08/05/2019;
comparison of price offers - 05/08/2019.

Sometimes customers indicate in the notice not only the date, but also the time of the beginning of the consideration of applications. For example, we see this in a purchase with a notice number 31907698955:

place, start date and end date of the deadline for submitting bids for participation in the procurement: from the moment of publication in the EIS until 04/19/2019 06:00:00 (time zone: MSK);
consideration of received applications (1 parts) will be held on 04/25/2019 08:30:00 (time zone: Moscow time) at the Republic of Sakha (Yakutia), Yakutsk, st. 50 years of the Soviet Army 86 / 3a;
an open auction in electronic form will be held on April 30, 2019 in accordance with the procedure established by the documentation at the address of JSC "United Electronic trading floor»(EETP) msp.roseltorg.ru;
consideration of the applications received (2 parts) will be held on 05/14/2019 08:30:00 (time zone: Moscow time) at the Republic of Sakha (Yakutia), Yakutsk, st. 50 years of the Soviet Army 86 / 3a.

Sanctions for violation of the terms are excluded here, since the customer himself sets them in the regulation. But you don't need to break your own deadlines anyway.

Attached files

Protocol of summing up the results of the electronic auction.doc
Electronic auction documentation as amended on July 1, 2018.docx

3. The auction commission shall consider the second parts of bids for participation in an electronic auction, sent in accordance with Part 19 of Article 68 of this Federal Law, prior to making a decision on the compliance of five such bids with the requirements established by the documentation for such an auction. In the event that less than ten of its participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction filed by its participant who offered the lowest contract price, and is carried out taking into account the ranking of these applications in accordance with Part 18 of Article 68 of this Federal Law.

6. An application for participation in an electronic auction is recognized as not complying with the requirements established by the documentation for such an auction, if:

1) failure to submit documents and information that are provided for by Part 11 of Article 24.1, Parts 3 and 5 of Article 66 of this Federal Law, non-compliance of the said documents and information with the requirements established by the documentation for such an auction, the presence in these documents of inaccurate information about a participant in such an auction as of the date and the expiration time for the submission of applications for participation in such an auction;

2) non-compliance of a participant in such an auction with the requirements established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if any such requirements exist) of Article 31 of this Federal Law;

3) provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law.

8. The results of consideration of applications for participation in an electronic auction are recorded in the minutes of summing up the results of such an auction, which is signed by all members of the auction commission who participated in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in unified information system. The specified protocol must contain information on the identification numbers of five applications for participation in such an auction (if a decision is made on the compliance of five applications for participation in such an auction with the requirements established by the documentation for such an auction, or if the auction commission is accepted on the basis of consideration of the second parts of applications for participation in such an auction filed by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal of the law and in respect of which a decision has been made on compliance with the requirements established by the documentation for such an auction, or, if, on the basis of consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision has been made on compliance with the established requirements for more than one hare requests for participation in such an auction, but less than five of these applications, as well as information on their identification numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and with an indication of the provisions of this Of the Federal Law, which a participant of such an auction does not comply with, the provisions of the documentation on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not meet the requirements established by the documentation about it, information on the decision of each member of the auction commission in respect of each bid for participation in such an auction.