What does the step of the auction mean 5. Rules for holding an open auction

The classic auction in its traditional form with a hammer has given way to an electronic auction. At the same time, the concept of “auction step” has been preserved. The Federal Law on the contract system No. 44-FZ clearly attributes the definition of the above term: “The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) is from 0.5 percent to five percent of the initial (maximum) contract price” (part 6 of article 68 44-FZ).

In accordance with Federal Law No. 44-FZ, the maximum time interval between participants' proposals is 10 minutes. If during this time no offer has been received, the auction is considered completed.

There are several tactics for submitting an offer. For example, in the first 10-20 minutes you can watch competitors who have started trading. In the process of conducting an electronic auction, you can see how each of the participants behaves. Some participants prefer to make the minimum step of the auction (0.5% of the initial maximum contract price (IMCC)) and wait until the last seconds to make a step again. Others prefer more active actions - quickly submit their price proposals and (or) make an auction step with a significant price reduction (more than 0.5% of the NMTsK).

After observing the development of trading, we can draw a conclusion about the number of key participants in the electronic auction, as well as their behavior and tactics. Of course, there are "gray schemes" of trading. For example, two key participants and two dummy participants participate in the auction. Two dummy participants in the electronic auction reduce the price as much as possible, after which the auction ends. After submitting the last offer, each of the participants in the electronic auction has the right to submit their price offer within 10 minutes, which cannot be higher than the last bid. Thus, one of the key participants, who was in cahoots with two front players, submits his price offer with a slight drop. When considering the second parts of the applications of the first two dummy participants in the electronic auction, the commission is obliged to reject their applications for non-compliance with the requirements of Federal Law No. 44-FZ. Therefore, two key players remain. As a rule, an electronic auction participant who did not participate in the “gray scheme” does not submit a bid and exits before the end of the electronic auction, because. sees a big price cut. In most of these cases, the key participant in the electronic auction who was in collusion is declared the winner.

Experienced participants in electronic auctions always observe the beginning of an electronic auction without interference. And after 20-30 minutes of bidding, they can determine whether there are fake participants among the participants in a particular electronic auction. The auction step (its value) of each participant in the electronic auction can give a good hint for winning tactics.

Participation in public procurement auctions still raises many questions, and therefore we have prepared a guide that includes five steps. Study it, and you will definitely win.

The auction is the most popular type of procedure: in 2015, 56% of purchases were made by state customers under the Law "On the contract system ..." with its help. Participation in the auction still raises quite a few questions, and therefore we have prepared a guide that includes 5 steps that will allow you to win.

Stage 1. Filing an application

You need to prepare in advance!

It is necessary to conduct a preliminary analysis of the customer, making the calculation of the minimum favorable price. Since it is possible to submit bids several times in an auction (unlike other procedures), it is better to calculate the lower limit in advance.

An individual entrepreneur from Samara, Oleg Vitalyevich P., participated in an electronic auction for the provision of laundry, ironing and disinfection services for a city hospital. The customer set the minimum price for the provision of laundry services for a unit of linen - 58.33 rubles. (the total price of the contract was just over 400 thousand rubles). And the entrepreneur calculated that washing 1 kg of linen in his laundry would cost an average of 20 rubles. per kg. (140.0 thousand rubles). Thus, Oleg Vitalyevich could trade no less than this amount, and the price of the contract won was 140.8 thousand rubles.

If the company only shines in purchases, but does not win them, then this will be an additional confirmation of its good faith. However, after winning public procurement, Oleg Vitalyevich approached representatives of a large state corporation with a proposal to be their supplier in the procurement of similar services. He also received a lucrative offer from a large supermarket chain and a serious commercial customer. The entrepreneur provided services for the hospital, which played an important role in signing the contract, since medical institutions have rather high requirements for such services.

Get a digital signature certificate, and also pass accreditation at the ETP (electronic trading platform) where the purchase is made. Obtaining an EDS certificate is possible in just a day. It will take up to five working days for accreditation to any of the five public procurement ETPs:

If you have any questions about the purchase, the requirements for goods and participants, you should definitely contact the customer with inquiries. They do this within the framework of the electronic trading platform three days before the deadline for submitting an application.

Application: where and when to apply?

You should study the procurement documentation and notice, then prepare an application for participation in the auction. The application is submitted for the ETP specified in the procurement in electronic form. Application deadlines are determined by the purchase price:

• with an initial contract price of more than 3 million rubles. you are given at least 20 days (calendar);
• with an initial contract price of no more than 3 million rubles. at least 7 days (calendar) are allotted for submission of applications.

The closing date for the receipt of bids is indicated in the notice for the procurement.

It is better to submit an application for participation in the auction on the last two days of receiving applications (during this period of time, the customer will not have time to change the documentation). In order not to miss anything important, you need to set up the change tracking function. For example, this can be done on our service in selected purchases. If the requirements for an already submitted application are changed by the customer, it will be necessary to withdraw it, and then submit a new one.

Application: form and composition

The application form for the auction is electronic, and it consists of two parts. Its first part contains the consent of the bidder to supply the goods on the terms of the customer, specific technical characteristics and specifications. All items should be filled out very carefully, because even a minor mistake often leads to the rejection of the application. The first part of the application should not contain information about the price of the goods and the supplier. However, if the documents are prepared on letterhead, then there is no reason for rejection.

As for the second part of the application, it should contain information about the participant, including the name of the company, its postal address, TIN, as well as other documents that are provided for by Law No. 44 "On the contract system ..." (licenses, declarations of conformity, TIN of the founders , SRO certificates, confirmation of the authority of the person submitting the application). The customer has the right to demand all documents established by law.

Submission of both parts is carried out simultaneously from the personal account of the ETP participant, they are also certified by an electronic signature.

Application: example

Remember to secure your application! Before submitting it to the auction, the amount of the application security must be transferred to the ETP account. The customer specifies its specific size in the documentation. The amount will be credited to the account opened for the bidder upon his accreditation on the electronic site within two days (banking and business days). The application may be withdrawn before the deadline for submission. To do this, you need to send a notification to the ETP operator.

Stage 2. First Parts of E-Auction Bids: Review

After the collection of bids, the first parts of them go through the procedure of consideration by the commission of the customer, as a result of which a decision is made on the admission or non-admission of bidders to the auction. No more than seven days (calendar) are given for consideration of the first parts. The notice of purchase contains the exact date of completion of the consideration of the first parts of the auction bids.

The supplier will not be allowed to bid in the following cases:

• in case of failure to provide information that is provided for in the first part of the application;
• when providing false information;
• in case of non-compliance of the submitted information with the requirements of the documentation.

After the first parts of the applications are considered, the customer must draw up a protocol, which is posted in the EIS and on the site. The protocol contains only the participant number. Each of the participants will learn the decision made by the customer from the notification sent by the ETP operator to their personal account.

If the participant is not admitted to the auction, the ETP specialist will unblock the money that was the security for the application. The unlock period is one day (working) from the moment the protocol was published. If you are eligible, please wait for the date of the auction.

Stage 3. Participation in the electronic auction

According to Law No. 44 "On the contract system ..." it is the responsibility of the customer to carry out procedures two days after the deadline for consideration of the first parts has expired. The site operator sets the time from 9 am to 12 pm (until 2 pm at Sberbank-AST). Information on the date and time of the beginning of the auction is indicated in the notice, it is also contained in the procurement documentation. For this reason, in order to avoid skipping the procedure, it is worth setting yourself a reminder. The notice on the ETP contains Moscow time, and the notice on the EIS contains the time of the customer's time zone. Entrance to the auction room, as well as the submission of their price proposals are allowed exclusively to eligible participants.

The auction is carried out in two stages.

• At the first stage, the winner is determined (duration is 10 minutes or more).
• At the second stage, participants, excluding the winner, can make more attractive price offers or compete for second place (duration is 10 minutes).

When a price offer is submitted that improves the price of the contract, the time for bidding in the first stage is extended. If in the first 10 minutes none of the participants put forward a price offer, then the auction ends, recognizing them as failed. In such a case, the customers consider the second parts of the applications, and then they determine the winner.

Submission of quotations: rules

Quotations can be submitted at any stage. The auction step (or reduction value) of the initial or minimum current price is 0.5 - 5% of the NMTs.
Each participant can submit several price proposals. If the price offer is worse than the current price, the auction step may not be taken into account. The participant is not entitled to submit a price offer that is equal to or changes his last offer to a worse side for the customer. The participant does not have the right to bargain with himself (the participant from whom the last best price was received is not entitled to reduce it until the best offers come from other participants). The participant is not allowed to submit a price offer that is equal to NMT or zero. ETP has a system for checking price offers, so if the last three points are violated, you will receive a message about the inadmissibility of such a price offer. When the price falls below 0.5% of the NMTs, the participants begin to fight for the right to conclude a contract: not the customer, but the supplier pays for the contract. Each new price offer increases the price of the contract.

If during the bidding in the first stage the last best bid "lasted" 10 minutes, the auction moves to the second stage, in which participants improve their prices. Then, within half an hour, the publication of the protocol of the auction is carried out, and the information is sent to the EIS. This protocol does not yet contain information about the participants, there is information only about their price offers and numbers.

Stage 4. Second parts of applications: consideration

Not always the lowest price submitted by a participant during an electronic auction becomes a guarantee of a contract. The final stage in the electronic auction is the consideration of the second part of the applications, as well as summarizing the results. According to the customer, the second part of the application does not meet the requirements of the auction documentation, so the winner can be rejected at this stage. This happens in the following cases:

• the supplier did not provide documents for the second part of the application, including work permits, licenses, acts of putting objects into operation;
• there are no documents submitted by suppliers during accreditation in the register, including extracts from the USRIP / USRLE, orders, copies of constituent documents, powers of attorney, decisions on approval or execution of a major transaction and other information and documents;
• the participant provided inaccurate information;
• the participant does not meet the requirements of Law No. 44 "On the contract system ..." (included in the register of unscrupulous suppliers, is not a small business representative if the purchases were made exclusively for this category of participants).

Almost any participant in an electronic auction is concerned about the question: “How many competitors do I have? How many bids have already been submitted for the auction? This information is not published separately anywhere. When a participant submits an application, she receives a number. But if your application is assigned #10, this does not necessarily mean that you have 9 opponents! Do not forget that applications can be withdrawn and resubmitted. And the numbering will continue...

During the auction in the auction room, you can see how many participants made at least one offer. The customer, in addition, knows how many participants he admitted to the auction.

After the end of the auction, the ETP operator forms the protocol for the auction and publishes it. Now everyone can find out how many participants were at the auction.

Participation in an electronic auction

Trading has begun. On the appointed day and time, all who are admitted to the auction can enter the "auction room" and try to compete for the contract. The law initially allots participants 10 minutes. Be careful! If during this time no one makes a single offer, the auction will end. The procedure is declared invalid. So place your bets!

Yuri Maisky, an expert of the School of Electronic Trading, answers questions from the participants.

Question: how to watch the auction? You can enter Sberbank-AST only through an application. Or is there some other way?

Yuri Maisky, lecturer at the School of Electronic Trading, presenter and commentary:

“Anyone can watch the auction. In the open part of the ETP, you can follow the submitted price offers. For example, on the ETP "Sberbank-AST" you can follow the link in the menu "Auctions \u003d-\u003e Auction Room" and get a list of auctions where bidding is currently taking place. By clicking on the blue “i” icon, you can enter a specific auction and see which offers are being submitted, how the price is falling».

Question: on which site you can see the results of auctions six months ago?

Answer: on the site www.zakupki.gov.ru, you can see the result of all placed EAs, including, for each auction, the protocol of the auction, the protocol of summing up the results and information about the contract concluded at the end of the auction from the register of contracts.

Question: is the bidding step determined by the bidding regulations or is it within -%?

Answer: the auction step is determined by law - this is a range of values ​​from 0.5 to 5% of the NMTs. Only for the amount falling into this range of values, the participant can submit a proposal that improves the current auction price.

Question: the first step can not be equal to NMC? The first step will in any case be less NMC per step auction?

Answer: The first price offer is always a discount. The first drop will always be in the auction step. This means that the price is reduced by 0.5% to 5% of the NMTs. It is not possible to submit an offer equal to the NMC.

Question: outside of the step it is possible to submit proposals when someone has already applied for 0.5%?

Answer: Yes, outside the auction step, you can make bids only after someone has submitted at least one offer “in the step”.

Question: does the price decrease come from the price of the leader or from the NMC in subsequent steps?

Answer: the price in the auction decreases as follows: the percentage of reduction is calculated from the NMC, and is subtracted from the leader's price.

Question: what is the point of making an offer not in the auction step if it is not taken into account in any way?

Answer: the tactics of participation in the auction may be different. The "outside the auction step" offer can be used for a variety of purposes. For example, to fight for 2nd place at a relatively high offer price.

Question: why bargain for second place?

Answer: if the participant who was the first in the protocol of the auction is found to be inappropriate in the second part of the application or violates the terms when concluding the contract, the contract will be offered to the second participant.

Question: if the participant reduces the price from the leader not in the auction step by the minimum number, does he become the leader, and who will be the winner?

Answer: outside the auction step, it is impossible to improve the leader's offer. If you submit a bid outside of a step, only your current bid is improved, and the auction price and current leader remain unchanged.

Question A: In the second part of the auction, you can submit a bid = the leader's bid?

Answer: yes, you can. If you do this before other participants, you will be the second in the auction protocol.

Improve your skills on the course "" for contract managers, contract service specialists and purchasing commissions. The program was developed on the basis of the requirements of the professional standard "Specialist in the field of procurement".

1. Only participants registered in the unified information system, accredited on the electronic site and admitted to participate in such an auction can participate in an electronic auction.

2. An electronic auction is held on an electronic platform on the day specified in the notice of its holding and determined taking into account part 3 of this article. The start time of such an auction is set by the operator of the electronic site in accordance with the time zone in which the customer is located.

3. The day of holding an electronic auction is the working day following the expiration of two days from the date of the deadline for consideration of the first parts of applications for participation in such an auction.

4. An electronic auction is held by reducing the initial (maximum) contract price specified in the notice of such an auction, in the manner prescribed by this article.

5. If, in the case provided for by Clause 2 of Article 42 of this Federal Law, the electronic auction documentation indicates the price of each spare part for machinery, equipment, the price of a unit of work or service, such an auction shall be held by reducing the sum of the indicated prices in the manner established by this Article.

(see text in previous edition)

6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 percent to 5 percent of the initial (maximum) contract price, but not less than one hundred rubles.

(see text in previous edition)

7. When conducting an electronic auction, its participants submit proposals for the price of the contract, providing for a reduction in the current minimum offer for the price of the contract by an amount within the "auction step".

8. When conducting an electronic auction, any of its participants is also entitled to submit a proposal for the price of the contract, regardless of the "auction step", subject to the requirements provided for by part 9 of this article.

9. When conducting an electronic auction, its participants submit proposals for the price of the contract, taking into account the following requirements:

1) a participant in such an auction is not entitled to submit a contract price offer equal to or greater than the contract price offer previously submitted by this participant, as well as a contract price offer equal to zero;

2) a participant in such an auction is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the "auction step";

3) a participant in such an auction is not entitled to submit a contract price offer that is lower than the current minimum contract price offer if it is submitted by such an electronic auction participant.

10. From the beginning of the electronic auction on the electronic site until the deadline for submitting contract price bids, all contract price bids and the time of their receipt, as well as the time remaining until the deadline for submitting contract price bids in accordance with part 11 of this article.

11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is ten minutes from the beginning of such an auction until the deadline for submitting proposals for the price of the contract, as well as ten minutes after the receipt of the last proposal for the price of the contract. The time remaining before the deadline for submitting contract price bids is updated automatically, using software and hardware tools that ensure such an auction, after the initial (maximum) contract price is reduced or the last contract price bid is received. If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.

12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any of its participants has the right to submit an offer for the contract price, which is not lower than the last offer for the minimum contract price, regardless of the "auction step", subject to the requirements provided for paragraphs 1 and 3 of part 9 of this article.

13. The operator of an electronic site is obliged to ensure the confidentiality of information about its participants during an electronic auction.

14. During the conduct of an electronic auction, the operator of an electronic site shall be obliged to reject proposals for the price of a contract that do not meet the requirements provided for by this article.

15. Rejection by the operator of the electronic site of proposals for the price of the contract on the grounds not provided for by part 14 of this article is not allowed.

16. If a participant in an electronic auction proposes a contract price that is equal to the price offered by another participant in such an auction, the contract price offer received earlier is recognized as the best.

17. If an electronic auction is held in accordance with paragraph 5 of this article, the participant who offered the lowest price of the contract is recognized as the person who offered the lowest total price of spare parts for machinery, equipment and the lowest price of a unit of work and (or) services for technical maintenance and (or) repair of machinery, equipment, the lowest price per unit of service.

18. The protocol of the electronic auction is posted on the electronic site by its operator within thirty minutes after the end of such an auction. This protocol shall indicate the address of the electronic site, the date, start and end time of such an auction, the initial (maximum) price of the contract, all minimum contract price offers made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to applications for participation in such an auction, which are submitted by its participants who made the relevant proposals for the price of the contract, and indicating the time of receipt of these proposals.

(see text in previous edition)

19. Within one hour after the protocol specified in Part 18 of this article is posted on the electronic site, the operator of the electronic site is obliged to send to the customer the specified protocol and the second parts of the bids for participation in such an auction, submitted by its participants, proposals for the contract price of which, when ranked in in accordance with part 18 of this article, received the first ten serial numbers, or, if less than ten of its participants took part in such an auction, the second parts of the applications for participation in such an auction submitted by its participants, as well as information and electronic documents of these participants, provided for by Part 11 of Article 24.1 of this Federal Law. During this period, the operator of the electronic site is also obliged to send appropriate notifications to these participants.

(see text in previous edition)

20. If, within ten minutes after the start of the electronic auction, none of its participants has submitted a proposal for the price of the contract in accordance with part 7 of this article, such an auction shall be deemed invalid. Within thirty minutes after the end of the specified time, the operator of the electronic site places on it a protocol on recognizing such an auction as failed, which indicates the address of the electronic site, the date, start and end time of such an auction, the initial (maximum) price of the contract.

21. Any participant in an electronic auction, after posting on the electronic site and in the unified information system the protocol specified in part 18 of this article, has the right to send a request to the operator of the electronic site for clarification of the results of such an auction. The operator of the electronic site within two working days from the date of receipt of this request is obliged to provide this participant with the appropriate explanations.

22. The operator of an electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the software and hardware used to conduct it, the equal access of its participants to participate in it, as well as the performance of the actions provided for in this article, regardless of the end time of such an auction.

23. If during the electronic auction the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. At the same time, such an auction is held by raising the price of the contract based on the provisions of this Federal Law on the procedure for holding such an auction, taking into account the following features:

1) such an auction in accordance with this part is held until the contract price reaches no more than one hundred million rubles;

2) a participant in such an auction is not entitled to submit proposals for a contract price higher than the maximum transaction amount for this participant specified in the decision to approve or conclude transactions on behalf of the procurement participant based on the results of such an auction;

(see text in previous edition)

3) the amount of the contract performance security is calculated on the basis of the initial (maximum) contract price specified in the notice of such an auction.

We are holding an electronic auction for the purchase of a bank loan in the amount of 100,000,000 rubles. The bank asks what will be the step size for the auction?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

A specific step size cannot be determined. Procurement participants can independently choose the size of the reduction (step) from 0.5 to 5% of the NMCC.

How to conduct an electronic auction

The auction is conducted by the operator of the electronic site. It takes place two days after the deadline for consideration of the first parts of applications. If the date falls on a weekend, the deadline is shifted to the first business day.

The operator will hold an auction according to the customer's time zone. Applicants should take this into account. Let's say if the auction time is 9:00 am Kamchatka time, then the bidder from Moscow will enter the auction at 0:00 am.

Such rules are established in Parts 2 and 3 of Article 68 of Law No. 44-FZ.

During the auction, participants gradually lower the price of the contract within the limits of the "auction step" - from 0.5 to five percent of the NMTsK. The auction ends if no bids are received within 10 minutes. After that, the bidders have the right to offer a price regardless of the "auction step", but it is impossible to bring down the cost of the contract below the best offer by this moment. When bidders bid the same price, the best bid is the one that comes first.

This procedure is described in Parts 6, 7, 11, 12 and 16 of Article 68 of Law No. 44-FZ.

If the price falls to 0.5 percent of the NMTsK, then an auction is held for the right to conclude a contract. That is, the winner will pay for the right to fulfill the contract. Participants make offers on the following conditions:

• the price of the contract should not exceed 100 million rubles;
• the bidder is not entitled to offer a price higher than the maximum amount of the transaction, which was approved by the organization of the participant. The decision of the legal entity is in the register of participants in the auction (clause 8, part 2, article 61 of Law No. 44-FZ);
• the amount of the contract security is calculated according to the NMCC in the notice.

This is stated in part 23 of article 68 of Law No. 44-FZ.

The operator will post the protocol of the auction on the electronic site within 30 minutes after the end of the auction. The protocol will indicate:

• address of the electronic site;
• date, time of beginning and end of the auction;
• NMCC;
• proposals for the price of the contract, which are assigned numbers depending on the price - from the lowest to the highest (ranking);
• the time at which each proposal was received.

Within the next hour, the operator will send the customer the protocol and the second parts of the applications of the participants who received the first 10 numbers according to the ranking results. If less than 10 applicants participated in the auction, the operator will transfer the second parts of the applications of all participants, as well as documents in accordance with paragraphs 2-6 and 8 of part 2 of Article 61 of Law No. 44-FZ.

This is stated in parts 18 and 19 of Article 68 of Law No. 44-FZ.

Journal "Goszakupki.ru" is a magazine, on the pages of which leading industry experts give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All journal articles are the highest degree of reliability.