Electronic auction: issues of drafting protocols (Pratura O.S.). What protocols are drawn up at an electronic auction

Under term of the electronic auction according to 44-FZ, they imply a period of time allotted for each stage of the procurement. Let us consider in more detail how many stages there are in total and in what terms, according to the law, they must pass.

Terms of the auction for 44 fz in the table

If NMCC less than and equal to 300 million rubles(and in the case of works on construction, reconstruction, overhaul of capital construction facilities is less than or equal to 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 19 days.

If NMCC more than 300 million rubles(and in the case of construction, reconstruction, overhaul of capital construction projects more than 2 billion rubles), then the minimum time for the purchase and conclusion of the contract 26 days.

Deadlines for filing applications for an electronic auction under 44-FZ

1. The very first step in organizing an electronic auction is the placement of a notice of its holding and tender documentation. The deadline for submitting applications for an electronic auction varies depending on the amount of the NMTsK: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, overhaul of capital construction projects exceeds 2 billion rubles), then the notice must be posted in 15 days(or more) before the closing date for applications. If the amount of the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days(or more).

2. There are times when it is necessary to make changes to the notice itself or the documentation. To do this, electronic auctions under 44-FZ provide next dates holding: no later than 2 days before the deadline for applications.

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days and up to 7 days respectively.

3. If the customer decides to refuse to hold the auction, he can do so no later than 5 days before the end of applications.

4. The participant can send a request for clarification of the auction documentation, but not later than 3 days before the end of applications. The customer is obliged to publish the answer within 2 days from the date of receipt of this request.

5. A participant in an electronic auction may change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, in case of its compliance, the participant will be admitted to the auction, but he has the right not to submit price proposals.

6. The next stage is the consideration of the first parts of the applications submitted by the participants. He makes up 1 business day after the deadline for submission, if the contract price is less than or equal to 300,000,000 rubles. (in the case of construction work, 2 billion rubles or less).

In all other cases, the term for consideration of the first parts of applications is 3 working days. During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are screened out.

At the same time, the protocol for the consideration of the first parts of the application is sent to the ETP operator, on which the purchases take place, and the data is posted in the EIS.

However, if the documentation contains project documentation, then the deadline for filing applications is also the deadline for considering the first parts of applications. In other words, if a participant has submitted an application for participation in such an auction, it is automatically considered accepted.

7. Then comes the deadline for the auction under 44-FZ, is the business day following the expiration date of the first installments.

For example, if applications were considered on Friday, then the electronic auction will be on Monday, because after Friday, the next business day is Monday.

If project documentation is attached as part of the documentation, then the auction takes place 4 hours after the end of the submission of applications.

8. After that, it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the completion of the last phase of the auction, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP.

9. Consideration of 2 parts of the application must take place on time no more than 3 working days , from the moment of posting the protocol on holding an electronic auction on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.

10. Within 5 calendar days, from the date of placement of the final protocol, in which the winner is determined, the customer in the personal account of the winner sends him a draft contract.

Deadlines for signing a contract under 44-FZ in an electronic auction

11. Within 5 calendar days after receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document on the enforcement of the contract, or send the protocol of disagreements to the customer.

12. If a protocol of disagreements was sent, then the customer is given 3 days for its study and publication of a modified version of the contract. If the contract will be placed without changes, then the customer must justify the refusal of the proposed changes by the participant.

13. Over the next 3 working days, after the publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document confirming the performance of the contract.

14. The customer must sign the contract within 3 working days after the winner does. From this moment the contract is considered concluded.

Please note that the contract cannot be concluded earlier than 10 days from the date of determining the winner, those. placement of the final protocol.

15. In the event that the participant’s application was rejected under the first / second part or violations were detected on the part of the customer or the operator of the electronic site during the auction, the participant has 5 days from the date of the final protocol(i.e. from the moment the winner is determined) to file a complaint with the FAS.

You can learn about all the terms of the electronic auction and its features in our training course "Government Order". RusTender employees have specially collected all the necessary information, supported by their own participation experience, thanks to which you will be able to successfully participate in public procurement and receive contracts.

These are the main stages and terms of the auction under 44-FZ, which is held in electronic form on the ETP of federal operators. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the norms of the legislation of the Russian Federation.

These are the main stages and terms of the electronic auction under 44-FZ, reflected in a tabular schematic form. All time characteristics given in the text are relevant at the time of writing. To always be aware of the latest changes, follow the articles on our website and subscribe to our news!

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A Guide to Procurement Disputes:

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.

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 an application 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 by this article.

(see text in previous edition)

3. The auction commission considers the second parts of applications for participation in an electronic auction sent in accordance with Part 19 of Article 68 of this Federal Law until a decision is made 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 shall consider the second parts of applications for participation in such an auction submitted by all of 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 price of the contract, the lowest sum of prices for units of goods, work, services, and is carried out taking into account the ranking of these applications in accordance with part 18 of article 68

(see text in previous edition)

4. If, in accordance with Part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction are not identified, out of ten applications for participation in it sent earlier to the customer based on the ranking results, within one hours from the date of receipt of the relevant notification from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these bids, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five bids 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 cannot exceed three working days from the date of posting the protocol of the electronic auction on the electronic site.

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

1) non-submission of documents and information that are provided for by Part 11 of Article 24.1, Parts 3 or 3.1, , 8.2 of Article 66 of this Federal Law, non-compliance of these documents and information with the requirements established by the documentation of such an auction, the presence in these documents of false information about a participant in such an auction on the date and time of the deadline for filing applications for participation in such an auction;

(see text in previous edition)

(see text in previous edition)

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

7. Making a decision on the non-compliance of an 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 not meeting 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 Article 66 of this Federal Law, as well as in Clause 6 of Part 5 of Article 66 of this Federal Law, except for the case of the purchase of goods, works, services in respect of which a ban is established under Article 14 of this Federal Law.

(see text in previous edition)

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 participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are placed by the customer on the electronic site and in unified information system. This protocol must contain information on the identification numbers of five bids for participation in such an auction (in the event that a decision is made on the compliance of five bids for participation in such an auction with the requirements established by the documentation for such an auction, or in the event that the auction commission accepts, based on consideration of the second parts of bids for participation in such an auction, submitted 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 was made on compliance with the requirements established by the documentation of such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, filed by all its participants who took part in it, a decision was made on compliance with the established requirements by more than one hare applications for participation in such an auction, but less than five of these bids, as well as information on their identification numbers, a decision on the compliance or non-compliance of bids for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal law, which the participant of such an auction does not comply with, the provisions of the documentation for 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 comply with the requirements established by the documentation about it, information about the decision of each member of the auction commission in respect of each bid for such auction.

Each stage of the procurement - from the moment the notice is placed to the completion of the contract - must be properly documented. The procedure for conducting an electronic auction is reflected in the protocols drawn up by the auction commission of the customer. The customer is obliged to place these protocols in a single information system (hereinafter referred to as the UIS), while the posted information must be complete and reliable (part 3 of article 7 of Law N 44-FZ).

Let's try to figure out what types of protocols are drawn up at certain stages. life cycle purchases. At the same time, we will also discuss some of the related difficulties that contract service workers, contract managers and members of procurement commissions face.

Protocols drawn up during the electronic auction

The procedure for conducting an electronic auction is divided into three main stages, and a protocol is formed at each of them.

1. Minutes of consideration of the first parts of applications is formed by the auction commission (hereinafter, the auction commission is understood not only as an auction commission in the proper sense of the word, but also as a single commission for procurement). Not later than the deadline for consideration of applications, the customer sends such a protocol to the operator of the electronic site and places it in the EIS. The content of this protocol and the procedure for its placement in the EIS are established in Part 6 and Part 7 of Art. 67 of Law N 44-FZ.

2. Protocol of the electronic auction placed on the electronic site by its operator within 30 minutes after the end of the electronic auction (part 18 of article 68 of Law N 44-FZ).

3. Auction summary protocol formed by the auction commission. Not later than the next working day after the date of its signing, such a protocol must be posted on the electronic platform and in the EIS. The content of the protocol and the procedure for its placement in the EIS are defined in Part 8 of Art. 69 of Law N 44-FZ.

Members of procurement commissions should carefully consider the formation of protocols for summing up the results of an electronic auction. First of all, it is necessary to ensure the accuracy of the information reflected in the protocols. In particular, special care must be taken to indicate:

Provisions of the auction documentation, which does not comply with the application of the procurement participant;

Provisions of the application for participation in an electronic auction that do not meet the requirements of the auction documentation.

Thus, by the decision of the Khanty-Mansiysk OFAS Russia dated 09.09.2015 N 03 / PA, the auction commission was found to have violated paragraph 2 of part 4 of Art. 67 of Law N 44-FZ, since the protocol for considering the first parts of applications for participation in an electronic auction indicated the wrong reason for refusing admission.

The subject of the electronic auction was the supply of a set of products for umbilical vein catheterization. The bid of the procurement participant was recognized as not meeting the requirements of the terms of reference due to a change in characteristics that should not have been changed. The procurement participant added the name of the manufacturer and the country of origin of each product included in the catheterization kit to the column "name of the indicator (unchanged)", although in accordance with the instructions for filling out the application for participation in the electronic auction, the name of the indicator was one of the characteristics that the procurement participant had no right to change.

Having studied the materials of the case, the commission of the Khanty-Mansiysk OFAS Russia considered that the addition of the name of the manufacturer and the country of origin of the goods in the column "name of the indicator (invariable)" did not change the characteristics of the products required by the customer and did not distort the information about the invariable indicators established by the terms of reference. In the opinion of the antimonopoly authority, it was impossible to recognize the application of the procurement participant as not meeting the established requirements only for this reason. In fact, the auction commission of the customer rejected the application of the procurement participant on the grounds not provided for by the legislation on the contract system, thereby violating Part 5 of Art. 67 of Law N 44-FZ.

At the same time, the commission of the Khanty-Mansiysk OFAS Russia found that the complainant indicated the name of the country of origin for each of the products included in the kit for catheterization, but did not indicate the name of the country of origin of the kit as a whole, as a single subject of procurement. Since this is a violation of paragraph 1 of part 3 of Art. 66 of Law N 44-FZ, the auction commission of the customer had to reject the disputed bid of the procurement participant precisely on this basis.

Also, customers should be attentive to the so-called. "technical errors" in the preparation of protocols. For example, the auction commission decided to recognize the application of the procurement participant as complying with the requirements of the auction documentation, and the protocol for considering the second parts of applications for participation in the electronic auction indicates the exact opposite decision - to recognize the application as inappropriate.

Sometimes there are "technical errors" of a different kind. So, in the decision of the Novgorod OFAS of Russia dated July 27, 2015 N 08-01-273, the appeal of SpetsProekt LLC was considered, which reported that its application was recognized as not meeting the requirements of the auction documentation, however, in the protocol of summing up the results of the electronic auction, in substantiating the decision of the auction commission, it is indicated not SpetsProekt LLC, but Akkord LLC. Convinced that the arguments of the complaint were true, the commission of the Novosibirsk OFAS Russia recognized the actions of the auction commission as violating the requirements of Part 3 of Art. 7 of Law N 44-FZ, according to which only reliable information should be placed in the EIS.

In relation to our topic, the acts of scheduled inspections of compliance with certain norms of the Law N 44-FZ, drawn up by the executive authorities of the subject, are also of interest. Russian Federation authorized to exercise control in the field of procurement. Thus, the Ministry of Social Relations of the Chelyabinsk Region, in the inspection report dated December 21, 2015 N 10, during the inspection of one of its subordinate institutions, established the following violations.

1. In violation of Part 6 of Art. 67 of Federal Law N 44-FZ, the protocol for considering the first parts of applications for participation in an electronic procurement auction was incorrectly drawn up. The protocol states: "The protocol for considering applications for participation in the auction is signed by all members of the auction commission present at the meeting, customer and authorized body and sent to the operator of the electronic site", although the columns "on behalf of the customer" and "on behalf of the authorized body" are not filled in (the standard protocol generated by the electronic site). At the same time, by virtue of part 6 of article 67 of Law N 44-FZ subscribes to participate in the electronic auction all members of the auction commission present at its meeting.

2. In violation of Part 8 of Art. 69 of Law N 44-FZ, the protocol for summing up the results of an electronic procurement auction is incorrectly drawn up, namely, information is indicated that is not provided for by the provisions of Law N 44-FZ:

Location address / postal address of the procurement participant;

Contact tel. (fax) / address Email procurement participant;

Procurement participant's offer price (rubles);

Date and time of receipt of the proposal of the procurement participant.

The commission of the control body indicated that the protocol for summing up the results of the electronic auction in accordance with the requirements of Art. 69 of Law N 44-FZ must contain:

1) information about serial numbers of applications;

2) a decision on the compliance or non-compliance of bids with the requirements of the auction documentation with the rationale for this decision and indicating:

The provisions of Law N 44-FZ, which the participant of the electronic auction does not comply with;

Provisions of the auction documentation, which does not comply with the application of the procurement participant;

Provisions of the application for participation in an electronic auction that do not meet the requirements of the auction documentation;

3) information on the decision of each member of the auction commission in relation to each application for participation in such an auction.

As you can see, the commission of the Ministry of Social Relations of the Chelyabinsk Region considers it unacceptable to indicate in the protocol information that is not provided for by Law N 44-FZ. Such a position is not uncommon, but we should not forget that Law N 44-FZ does not contain a direct prohibition on the inclusion of other information in the protocols.

Protocol on the failed procedure

Depending on the grounds for recognizing the electronic auction as failed, the customer must draw up his protocol.

1. If only one application is submitted, drawn up protocol for consideration of a single application for participation in an electronic auction, the requirements for the content of which are defined in paragraph 3 of part 1 of Art. 71 of Law N 44-FZ. Such a protocol is sent to the operator of the electronic site no later than three working days from the date of receipt of a single application for participation in an electronic auction.

2. If the application of only one procurement participant meets the requirements of the legislation and documentation of the customer, a protocol for consideration of the application of the sole participant of the electronic auction(Clause 3, Part 2, Article 71 of Law No. 44-FZ). This protocol is sent to the operator of the electronic site no later than three working days from the date of receipt of the second part of the application for participation in the electronic auction.

3. If within 10 minutes after the start of the auction no contract price proposal has been made, in accordance with paragraph. 3 h. 2 Article. 71 of Law N 44-FZ is drawn up auction summing up protocol. The deadline for sending this protocol to the operator of the electronic site is exactly the same - no later than three working days from the date of receipt by the customer of the second parts of applications for participation in the electronic auction. In addition, in this case, there is another protocol that is formed by the operator of the electronic platform - a protocol on declaring the auction invalid (part 20 of article 68 of Law N 44-FZ). The protocol shall indicate the address of the electronic site, the date of the electronic auction, the time of its beginning and end, as well as the initial (maximum) price of the contract.

The protocol of the customer's refusal to conclude a contract

If the contract has not yet been concluded, and the customer finds that the procurement participant does not meet the requirements for him or provided false information regarding his compliance with the specified requirements, the customer is obliged to refuse to conclude a contract with such a winner of the procedure for determining the supplier (contractor, performer). The corresponding requirement is established in Part 9 of Art. 31 of Law N 44-FZ.

In addition, in part 10 of Art. 31 of Law N 44-FZ establishes additional grounds for refusing to conclude a contract when purchasing medicines from the list of vital and essential medicines(VED):

1) the maximum selling price of medicinal products offered by the procurement participant is not registered;

2) the price of the purchased medicinal products offered by the procurement participant exceeds their maximum selling price indicated in the state register of maximum selling prices manufacturers for medicinal products included in list of vital and essential drugs. This rule is valid only if the procurement participant is a manufacturer of such medicinal products or if the initial (maximum) contract price exceeds 10 million rubles. in case of procurement for federal needs.

Refusal of the customer to conclude a contract on the grounds provided for in parts 9 and 10 of Art. 31 of Law N 44-FZ, is issued as contract withdrawal protocol(part 11 of article 31 of Law N 44-FZ). The specified protocol is drawn up and posted in the EIS no later than one working day following the day when the fact of non-compliance of the participant with the requirements for him was established. In addition, such a protocol must be sent to the procurement participant within two working days from the date of its signing.

Protocol for recognizing the winner as having evaded the conclusion of the contract

1. If during the auction the initial (maximum) price of the contract is less than 15 million rubles, and the winner of the electronic auction has reduced the price by 25 percent or more, the contract is concluded with him only if he performs one of the following actions:

Provide security for the performance of the contract in the amount that is one and a half times higher than the amount established by the auction documentation;

Together with the standard security for the execution of the contract, it will provide reliable information confirming its good faith as of the date of filing the application (registry numbers of contracts previously executed by such a procurement participant; detailed requirements for the content of information confirming the good faith of the procurement participant are defined in Part 3 of Article 37 of Law No. 44 -FZ).

If the procurement participant has not performed any of the specified actions, a protocol for recognizing the winner of an electronic auction as evading the conclusion of a contract, which is placed in the EIS and brought to the attention of all procurement participants no later than the working day following the day of its signing. The composition and content of the information reflected in such a protocol is not regulated by Law N 44-FZ (a similar opinion was expressed in the decision of the commission of the Vladimir OFAS of Russia dated May 20, 2014 N G-288-04 / 2014).

2. If the participant is recognized as having evaded signing the contract on other grounds (for example, if the winner of the electronic auction signed the contract within the regulated period), Law N 44-FZ does not determine specific ways to formalize such a decision of the customer. Despite this, we recommend that customers adhere to the practice of recording each decision of the auction commission throughout the entire procurement procedure. In such a protocol, you can specify the following:

The date of recognition of the winner of the electronic auction as having evaded the conclusion of the contract;

Information about the customer;

Purchasing information;

Information about the procurement participant who is recognized as having evaded the conclusion of the contract;

Grounds for recognizing the winner of an electronic auction as having evaded the conclusion of a contract.

Protocol for the removal of a procurement participant in connection with the provision of false information by him

If it is established that the procurement participant submitted documents containing false information as part of his application for participation in the electronic auction, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct (part 6.1 of article 66 of Law N 44- FZ). A similar provision is contained in Part 9 of Art. 31 of Law N 44-FZ, according to which the customer is obliged to refuse to conclude a contract with such a winner of the procedure for determining the supplier (contractor, performer), if at any time before the conclusion of the contract he discovers that the procurement participant does not meet the requirements for him or submitted an unreliable information about their compliance with such requirements.

Law N 44-FZ does not define the procedure for issuing a decision to remove a procurement participant from participation in determining a supplier (contractor, performer). In particular, there is not even an obligation to send such a decision to the procurement participant and place it in the EIS. We believe that when forming this decision, one should proceed from the analogy with the norms of Law N 44-FZ, which regulate the procedure for processing the results of consideration of applications during an electronic auction and summarizing its results.

The wording "dismiss such a participant from participating in an electronic auction at any stage of its conduct" (part 6.1 of article 66 of Law N 44-FZ) and "the removal of a procurement participant is carried out at any time before the conclusion of the contract" (part 9 of article 31 of the Law 44-FZ) indicate that the removal of an auction participant is possible not only during the consideration of applications submitted by participants, but also up to the conclusion of a contract. In this regard, it is logical to form on the basis of part 6.1 of Art. 66 of Law N 44-FZ a separate decision (minutes) on the removal of a procurement participant from participation in an electronic auction in connection with the establishment of the unreliability of the information contained in the documents submitted by such a participant.

In such a situation, the customer can draw an analogy with Part 11 of Art. 31 of Law N 44-FZ, which regulates the procedure for formalizing the refusal to conclude a contract on the grounds provided for in parts 9 and 10 of this article, and send such a protocol to the procurement participant no later than one business day following the day the fact that served as the basis for the decision to remove participant from participation in the electronic auction. We recommend that customers include the following information in this protocol:

An indication of the place and time of its compilation;

Information about the person in respect of whom this decision was made;

A statement of the facts that served as the basis for the decision, and the details of the documents confirming this fact.

Protocol on the removal of a participant from participation in an electronic auction on the basis of Part 6.1 of Art. 66 of Law N 44-FZ can be placed in the EIS in the manner similar to that established by Part 11 of Art. 31 of Law N 44-FZ.

Protocols of disagreements when signing a contract

The contract based on the results of the electronic auction must be concluded on the terms established by the customer in the notice of the electronic auction and in the auction documentation (including in the draft contract): the corresponding requirement is established in Part 10 of Art. 70 of Law N 44-FZ. However, in practice, contradictions often arise between the customer and the procurement participant when signing the contract.

If there are disagreements on the draft contract, the winner of the electronic auction sends to the customer protocol of disagreements. Such a protocol can be sent by the winner of the electronic auction no later than thirteen days from the date of placement in the EIS of the protocol for summing up the results of the auction (part 5 of article 70 of Law N 44-FZ).

The protocol of disagreements is drawn up in any form and may contain only an indication of discrepancies between the terms of the draft contract and the provisions of the documentation. Such a protocol is signed by an electronic signature of a person authorized to conclude a contract on behalf of the procurement participant. The maximum number of protocols of disagreements that can be sent by the winner of the electronic auction when signing the contract is not limited by law. The only "limit" is the time frame defined by the thirteen days mentioned above.

The problems of calculating this period were investigated in the decision of the Arbitration Court of the Krasnoyarsk Territory dated July 7, 2014 in case N A33-7712 / 2014, which has the following plot.

The customer refused to conclude a contract with the winner of the auction due to the fact that the winner of the electronic auction sent a protocol of disagreements after 13 days from the date of placement of the protocol of summarizing the auction. The procurement participant appealed the actions of the customer to the Krasnoyarsk OFAS Russia, however, the antimonopoly authority, by its decision of 31.03.2014 N 193, recognized his complaint as unfounded. In this regard, the procurement participant applied to the Arbitration Court of the Krasnoyarsk Territory.

The court cited in its decision Part 8 of Art. 69 of Law N 44-FZ, according to which the results of consideration of applications for participation in an electronic auction are recorded in the protocol for summing up the results of such an auction, and no later than the working day following the date of signing of the said protocol, they are placed by the customer on the electronic site and in the UIS. In the case under consideration, the protocol for summing up the results of the electronic auction was signed by all members of the auction commission on 03/05/2014, and posted in the EIS on 03/06/2014.

As follows from Art. 190 of the Civil Code of the Russian Federation, the statutory period is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. At the same time, the course of a period determined by a period of time begins the next 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).

Since Law N 44-FZ does not establish otherwise, the thirteen-day period under consideration shall be calculated starting from the day following the placement of the protocol for summing up the results of the auction in the EIS (i.e. from 03/07/2014). Consequently, the winner of the electronic auction had the right to send the protocol of disagreements on the draft contract up to 19.03.2014 inclusive. And from the materials of the case, it just follows that the first protocol of disagreements on the draft contract was posted in the EIS on March 14, 2014; the second protocol of disagreements - 19.03.2014. Thus, the winner of the electronic auction duly complied with the requirements of Art. 70 of Law N 44-FZ: the protocol of disagreements on the draft contract was sent within the statutory period.

Also, customers should not lose sight of the fact that the thirteen-day period in accordance with Art. 70 of Law N 44-FZ must be calculated from the day following the placement of the protocol of summing up in the EIS, and not from the date of signing such a protocol by members of the auction commission. As we remember, the dates indicated may be different.

Recall that you can change in the text of the contract:

Provisions of the draft contract that do not correspond to the notice of the auction, documentation about it and the application of the procurement participant;

Details of the supplier, if they have changed since the end of the submission of applications;

Misprints, grammatical and punctuation errors, technical errors and inaccuracies.

In the decision of the Arbitration Court of the Novosibirsk Region dated December 10, 2014 in case N A45-17177 / 2014, another interesting point was considered related to the submission of protocols of disagreements.

From the totality of parts 5 and 6 of Art. 70 of Law N 44-FZ, the court concluded that the thirteenth day is the last day for sending the protocol of disagreements if there are objections to the draft contract posted by the customer in the EIS.

The right of the winner of the electronic auction to place in the EIS a protocol of disagreements on the draft contract is enshrined in Part 4 of Art. 70 of Law N 44-FZ. At the same time, this norm does not establish a time limit for posting a protocol of disagreements for the first time. Therefore, Part 4 of Art. 70 of Law 44-FZ must be considered in conjunction with Part 13 of Art. 70 of Law N 44-FZ with regard to failure to send a signed draft contract to the customer within five days from the date of its placement in the EIS.

If the participant does not agree with the draft contract sent to him, he must place in the EIS for the first time a protocol of disagreements before the expiration of the period set for signing the contract, namely, within five days from the moment the draft contract was posted. Having failed to perform these actions within five days, the winner of the electronic auction, by virtue of Part 13 of Art. 70 of Law N 44-FZ is recognized as having evaded the conclusion of a contract.

Already after the protocol of disagreements has been placed in the EIS for the first time, both the customer and the winner can perform the actions enshrined in parts 5 and 6 of Art. 70 of Law 44-FZ, before the expiration of the thirteen-day period. As soon as the specified period has expired, the winner should not post subsequent protocols of disagreements to the draft contract in the EIS, and the customer should place the draft contract in the EIS indicating in a separate document the reasons why he completely or partially refuses to take into account the comments of the winner of the electronic auction contained in the protocol of disagreements .

In addition, the court noted the fact that Art. 70 of Law N 44-FZ does not regulate who makes the decision to recognize the procurement participant as having evaded the conclusion of the contract (by the auction commission or the customer) and in what form such a decision is drawn up. Consequently, the decision to recognize the procurement participant as having evaded the conclusion of the contract on the basis of Part 13 of Art. 70 of Law N 44-FZ is accepted by the customer and drawn up in any form.

Protocol for canceling the definition of a supplier (contractor, performer)

The customer has the right to cancel the electronic auction no later than five days before the deadline for submitting applications for participation in the auction (part 1 of article 36 of Law N 44-FZ). The decision to cancel the definition of the supplier (contractor, performer) can be drawn up as a protocol for the cancellation of the definition of the supplier (contractor, performer), which is drawn up by the customer and posted in the EIS on the day this decision is made and immediately brought to the attention of all procurement participants who submitted applications.

If the deadline for canceling the determination of the supplier (contractor, performer) has expired, the customer has the right to cancel the purchase before the conclusion of the contract only in the event of force majeure circumstances in accordance with civil law (part 2 of article 36 of Law N 44-FZ).

Record of changes to the documentation

The customer, on his own initiative or in accordance with the received request for clarification of the provisions of the documentation for an electronic auction, has the right to decide to amend the documentation for such an auction no later than two days before the deadline for filing applications for participation in such an auction. Within one day from the date of the adoption of the said decision, the changes made to the documentation of such an auction are posted by the customer in the EIS (part 6 of article 65 of Law N 44-FZ).

Law N 44-FZ does not determine how the specified decision of the customer should be drawn up. Nevertheless, we recommend that the customer adhere to the practice of recording every decision made during the entire procurement procedure. In this regard, the considered decision of the customer can be formalized as a protocol for making changes to the documentation.

I would like to remind you of the responsibility officials customers for their violations of the procedure for compiling and posting protocols during electronic auctions. Possible violations on the part of customers and administrative responsibility for their commission, established by the Code of Administrative Offenses of the Russian Federation, are systematized in the following table:

The problem of routine maintenance on electronic platforms looks ambiguous in connection with the penalties established for customers for violating the deadlines for publishing protocols during electronic auctions. This problem was considered in the decision of the Nenets OFAS Russia dated October 13, 2014 N 01-48 / 13-2014. In this case, the deadline for consideration of the first parts of applications was 06/13/2014, and the corresponding protocol was dated 06/13/2014, however, it was sent to the operator of the electronic site only 06/15/2014.

The customer submitted to the case file a screenshot from the official website of the electronic site of the United Electronic Trading Platform, from which it follows that in the period from 06/12/2014 to 06/15/2014 due to routine maintenance, the closed part of the electronic site will be unavailable. In addition, on June 15, 2014, the customer applied to the operator of the electronic platform with a request to provide the technical opportunity to consider the first parts of applications and publish the relevant protocol. Ultimately, on the same day, such an opportunity was provided.

The commission of the Nenets OFAS Russia certified the fact that the protocol for the consideration of the first parts of applications was published on the electronic site in violation of the deadline established by Part 7 of Art. 67 of Law N 44-FZ. At the same time, the antimonopoly authority noted that this violation was committed for reasons beyond the control of the customer, but in connection with routine maintenance on the electronic site. Based on the totality of evidence presented, it was concluded that the customer was not guilty of violating the deadline for publishing on the electronic site the protocol for considering the first parts of applications dated 06/13/2014.

In this article, we have tried to acquaint you with the practice of considering problems associated with the preparation of protocols during electronic auctions. We hope this will help you avoid mistakes when working as part of a procurement committee.

The second parts of the applications are considered by the auction commission for compliance with the requirements of the auction documentation. To make a decision, the commission also examines the information in the Register of Procurement Participants accredited on the electronic platform.

At the end of the auction, in the "Auctions" section in the "Operations" column, the "Summarizing" link will appear, redirecting to the "Summing up the results of the electronic auction" page.

On the page "Summarizing the results of the electronic auction" in the field " General information about the electronic auction” a list of all procurement participants will be displayed.

Information about the accreditation data of the procurement participant, relevant at the time of the application deadline, becomes available after clicking on the "View" link in the line corresponding to the participant. You can also view up-to-date information about the procurement participant using the link “Get up-to-date information about the participant from the SMVE”. To save all the accreditation documents of the procurement participant to your computer, follow the link "Get accreditation documents of the participant in the archive".

To view the second part of the application of the selected participant, click on the link "Second part" in the line corresponding to the Participant. The text will open in a new window.

In order to download the documents of all applications in the archive, use the button of the same name "Get documents of all applications in the archive". Clicking this button opens a list containing the links "Get documents of the first parts of all applications in the archive", "Get documents of the second parts of all applications in the archive", "Get accreditation documents of all participants in the archive", "Get documents of the first and second parts of applications , as well as accreditation documents of all participants in the archive.

Clicking on each of the links downloads the corresponding archives. Documents are located in folders, the names of which contain the serial numbers of participants' applications and their names, the date and time of application submission.

To decide on the compliance/non-compliance of the application with the requirements of the auction documentation, click on the link "Process application" on the page "Summarizing the results of the electronic auction". In the field that opens, check the box next to the appropriate decision of the commission on the compliance of the participant's application.

In the summarizing protocol, it is possible to display the rationale for the decision on compliance / non-compliance of the second part of the application of procurement participants with the requirements of documentation and / or legislation. To choose whether or not to display the panel members' decision, use the Rationale for Decision drop-down display field.

Commissions are created through your Personal Area in the EIS.

You can select a commission using the auxiliary commands of the operator of the electronic platform.

For the convenience of commission selection, the following active buttons are available:

• Add new fee - allows you to add both a new member of an already existing commission, and create a new commission.

• Delete selected fee - if a new commission is created, it is necessary to delete the old one using the indicated button.

• Edit selected commission - possibly by putting a checkbox in front of those members of the commission who were present at the meeting. Also, this block allows you to exclude commission members by using the "delete" function in the "operations" column.

Based on the results of the decision on the second parts of the applications, it is necessary to form a protocol for summing up the results of the auction (a scanned copy of a paper document drawn up and signed by all participants in the auction commission). The specified protocol must be placed on the site of the operator within one day following the day of signing the protocol by all members of the auction commission.

Attach the protocol file in the field "Protocol of summing up the results of the electronic auction with a scan of the signatures of the commission members." After that click on the button "Sign and Submit".

Carefully reread the text of the protocol, and if the text is correct, click on the button "Sign and Submit".

A dialog box with a list of ES certificates will open. Select the required certificate and click the button "OK".

If the operation completes successfully, a notification will appear.

The auction from the general list will be moved to the "Concluding contracts" section. The status of the auction will change to "Contract".

The winner of the electronic auction is the participant who offered the lowest price of the contract, provided that the application was recognized as meeting the requirements of the auction documentation.

Protocols in an electronic auction are documents that first record the applications that have passed the bidding stage, and then the winner of the electronic auction - the participant with whom the state contract will be signed. The law on the contract system provides for three main protocols, which are drawn up not only by the customer, but also by the operator of the trading platform.

How to make an application review protocol

Since information about the contact details of the participants is confidential, the auction commission considers only the first part of the proposal of the participant, which contains the consent to the supply or performance of works, services, as well as specific information about the quality, functional characteristics of the procurement object. That is, the customer, without having data on the names of the participants, determines whether their proposals meet the requirements established by the terms of reference and Part 3 of Art. 66 44-FZ.

The document determines the admission of participants and, in accordance with Part 6 of Art. 67, must contain:

• serial numbers of applications;
• decision on admission or refusal of admission to participation with justification and indication of the decision of each member of the commission;
• information about the presence among the applications of an offer to supply goods that are produced abroad or in a group of foreign countries. These data must be entered into the protocol if the conditions, prohibitions, restrictions on the admission of goods, works, services are established by the customer within the framework of the national regime under Art. 14 44-FZ.

It is compiled on the marketplace. You need to fill out a special form. The functionality of the sites allows you to use templates and save data to a text document. The paper version is signed by all members of the commission who are present at the meeting, no later than the deadline for consideration of the first parts. It is recommended to attach a scanned copy of the document to the electronic form on the site, and then send it to the operator who will publish it in the Unified Information System (EIS).

The term for consideration of the first parts is no more than seven days from the date of the deadline for filing applications and is determined in the auction documentation and notice even when published in the EIS.

From 07/01/2018, the deadline for consideration of the first parts in procurement with an initial (maximum) contract price of up to 3 million rubles. is 1 business day.

If there are no bids, or only one bid has been submitted or accepted, or all have been rejected, the protocol for recognizing the auction as invalid is published. If only one application is submitted, the operator sends the customer two parts at once, which the auction commission must consider within three working days. In the document for consideration of a single proposal, it is necessary to reflect information about its compliance or non-compliance with the requirements of the documentation and the law, indicating the decision of each member of the commission (part 1 of article 71).

How the protocol for conducting an electronic auction is formed

Suppliers whose applications are approved by the customer can take part in the auction. The procedure is carried out in compliance with the confidentiality of information about its participants. Within thirty minutes after the end of the auction, the operator places a document on the site that contains information (Article 68):

• address of the trading platform;
• date, time of beginning and end of trading;
• the initial (maximum) price of the contract;
• all minimum offers on the price of the contract, indicating the serial numbers of participants.

If within ten minutes after the start of the procedure no one has submitted a price offer, the auction is considered invalid. This is required to be specified in the bidding document. At the same time, one should not confuse the timing of the publication of the protocol of the auction in electronic form and the timing of the protocol for summing up the results of the electronic auction 44-FZ. They will be discussed further.

How to draw up a protocol for summing up the results of an auction

After the bidding, the operator sends the customer the second parts of the proposals and the accreditation data of the participants. 3 working days are given for the execution of the document (part 5 of article 69, part 2, 3 of article 71).

The protocol for summing up the results of the auction 44-FZ must contain (part 8 of article 69):

• serial numbers of five suppliers that meet the requirements of the documentation and the law;
• a decision on the compliance or non-compliance of applications with the rationale and indication of the decision of each member of the commission.

Summing up the results of the electronic auction under 44-FZ is carried out on the day the protocol is posted. It is published in the same order as the procedure for reviewing the first parts. The deadline for publishing the protocol of summing up the results of the electronic auction is the next business day after signing by the members of the commission.

If none of the applications meet the requirements or only one is found to be compliant, the electronic procedure is declared invalid.