Rules for holding an open auction. Auction in electronic form: procedure, rules of participation, features Can an electronic auction end automatically

• Auction step - from 0.5% to 5% of the initial price.

• It is impossible to submit an offer with a price equal to or higher than previously submitted by other participants in the auction price offers.

• You cannot submit a zero bid.

• You cannot submit a bid that is lower than the current minimum bid submitted within the "auction step".

• You can't lower your own price offer.

• During the bidding process, the ETP must indicate the time remaining until the deadline for submitting bids.

• If within 10 minutes there were no new proposals for a decrease, the "main time" of the auction (definition of the winner) ends.

• After determining the winner within 10 minutes, you can submit proposals for lowering the 2nd, 3rd, etc. places.

• Placed on the ETP half an hour after the end of the electronic auction.

• If the price of the contract during the auction is reduced to 0.5% of the initial price of the contract, the up game begins.

These Rules are developed in accordance with Articles 447-449 of the Civil Code of the Russian Federation and the current legislation

The Rules establish the procedure for organizing and conducting auctions in the form of an Auction by the Limited Liability Company “Trading House “Fame” for the sale of real estate owned by individuals and legal entities on the right of ownership.

1. General Provisions

1.1. Bidding is held in the form of an open auction: according to the composition of participants, according to the method of submitting proposals, and according to the price.

1.2. Auctions are held on the basis of the current legislation and the Contract of Order concluded between the Seller and the Auction Organizer.

1.3. When bidding, it is not allowed:

• creating preferential conditions for the participation of an individual or group of individuals;
• implementation by the Auction Organizer of coordination of the activities of bidders, as a result of which there is or may be a restriction of competition between bidders or infringement of their interests;
• unreasonable restriction of access to participation in the auction.

1.4. The organizer of the auction has the right to make video-photography of the course of the auction and audio recording.

2. Basic terms and definitions

2.1. "Organizer of the auction"- OOO Trade House FAME

2.2. "Bidding Commission"- the body responsible for organizing and conducting the auction. It is formed by the Organizer of the auction on the basis of the issued order.

2.3. "Auctioneer"- an individual appointed by the Organizer of the auction to conduct the auction

2.4. "Auction"- public sale at auction of a Real Estate Object or other property (lease rights, art objects, shares, etc.) owned by the owner, with predetermined conditions.

2.5. "Bargaining"- an auction valid for a period of time specified by the Organizer of the auction, during which the Participants make bids in the manner established by the terms of the auction.

2.6. "Property Object"- residential or non-residential premises, land, other real estate put up for auction.

2.7. "Lot"- object (real estate or other real estate) of the auction.

2.8. "Starting price"- the starting price of the lot, from which bidding at the Auction begins.

2.9. "Minimum Price"- the lowest price for which the seller agrees to sell the property.

2.10. "Auction Price"- the highest price of the lot, achieved during the Auction, equal to or exceeding the minimum price (in cases of its establishment) and fixed in the protocol on the results of the auction.

2.11. "Bid"- offer by the participant of a new Auction price of the lot, which increases the current price by any multiple of the Auction step

2.12. "Auction step"- a fixed amount of money by which the Auction price of the lot increases during the Auction.

2.13. "Bidding form"- Auction opened according to the list of participants and according to the form for submitting proposals for the price of the Property.

2.14. "Conditions of the auction"- the form of the auction agreed between the Seller and the Organizer of the auction based on the type of object, the initial cost, the wishes of the Seller and the recommendations of the Organizer of the auction according to the "English", "Dutch" or "Mixed" system.

2.15. "Salesman"- an individual or legal entity that has put up a Real Estate Object for sale at the Auction.

2.16. "Applicant" an individual or legal entity that has submitted to the Organizer of the auction an application for participation in the auction and the documents attached to it, the list of which is provided for in the notice of the auction.

2.19. "Contender"- an individual or legal entity that has expressed a desire to participate in the auction and submitted an application with the documents necessary for participation in the auction and paid the deposit.

2.20. "Deposit" the amount of money transferred by the applicant to the current account specified in the information message on the auction, as well as in the deposit agreement, to ensure the fulfillment of the future obligation of the applicant to pay for the property

2.21. "Auction Participant"- an individual or legal entity that has expressed a desire to participate in the auction and submitted an application and the documents necessary for participation in the auction, paid the deposit and was recognized by the organizer of the auction as an Auction Participant.

2.22. "Auction Winner"- The auction participant who offered the highest Auction price during the Bidding (provided that the Auction price is not lower than the minimum price, if any), receiving the right to purchase the property.

3. Powers of the auction organizer

3.1. When conducting the Auction, the Bidding Organizer is obliged to be guided by these Rules and the terms of the Contract of Commission concluded with the Seller, as well as comply with the norms of the Civil Legislation of the Russian Federation.

3.2. In the process of preparing and holding the Auction, the Auction Organizer:

• forms the Commission for the conduct of auctions and ensures its activities; appoints the date, time and place of the auction;
• determines the form of bidding and the form for submitting proposals for the price of the property as agreed with the Seller;
• appoints the place for accepting applications for participation in the auction, the date, as well as the start and end time for accepting applications and documents attached to them;
• accepts bids and registers them in the register of bids for participation in the auction (with assignment of a number to each bid and indication of the date and time of filing the bid), and also ensures the storage of registered bids;
• at the end of the deadline for accepting bids, submits the registered bids with the documents attached to them to the Commission for the conduct of bidding
• organizes the preparation and publication of a notice of the auction, as well as a notice on the recognition of the auction as invalid
• provides Applicants and Bidders with the opportunity to familiarize themselves with the subject of the auction and the documentation characterizing the subject and its legal status, as well as with the rules for conducting the auction
• enters into agreements with the Applicants on the Deposit
• submits account statements confirming the receipt of Deposits to the Commission for the conduct of auctions;
• notifies the Bidders about the refusal of admission to participate in the auction;
• signs with the winner of the auction a protocol on the results of the auction;
• performs other actions stipulated by these Rules and the Commission Agreement;

4. Powers of the commission

4.1. To conduct the Auction, by order (order) of the Organizer of the auction, a Commission for the conduct of auctions in the amount of at least three people (hereinafter referred to as the Commission) is formed.

The numerical and personal composition of the Commission is determined in each specific case, depending on the place of the auction, the number and category of property being sold.

At the request of the Seller, the Seller or his representative may be included in the Commission.

4.2. The Chairman of the Commission is appointed a member of the Commission from the Organizer of the auction.

4.3. Members of the Commission participate in its work on the basis of an order (order) on the formation of the Commission for the conduct of bidding.

The representative of the Seller may participate in the work of the Commission on the basis of a duly executed power of attorney.

4.4. The Commission performs the following functions:

• considers applications and documents received from applicants to the auction organizer for participation in the auction;
• establishes the fact of timely receipt of the deposit;
• sums up the results of acceptance and registration of applications and makes a decision on the admission of applicants to participate in the auction;
• notifies applicants or their authorized representatives of admission or refusal of admission to participate in the auction;
• decides on determining the winner of the auction;
• draws up and signs the protocol on the results of the auction
• decides on declaring the auction invalid, annulment of the results of the auction;
• performs other functions related to bidding.

4.5. Decisions of the Commission are made by a simple majority of votes of the members of the commission present at the meeting, in case of equality of votes, the vote of the chairman of the commission is

4.6. The meeting of the commission is competent if at least 2/3 of the members of the commission are present at it.

4.7. If the presence of a member of the commission at the meeting is impossible for valid reasons (illness, business trip, etc.), he is replaced with an appropriate change in the composition of the Commission.

4.8. Decisions of the Commission are documented in minutes, which are signed by all members of the Commission who took part in the meeting. When signing the protocols, the opinions of the members of the Commission are expressed in the words “for” and “against”.

5. Information notice about the auction

5.1. An information notice about the Auction should be published by the Organizer of the auction at least 30 days before the announced date of the Auction.

The specified period is calculated from the day following the day of publication of the notice.

5.2. The notice of the Auction is published by the Organizer of the auction in the media and (or) on the official website of LLC "TD" FAME "

5.3. The auction notice must contain the following information:

• date, time (hour, minutes) place of the Auction
• date, time, place of summing up the Auction
• information about the object of sale from the Auction - the name, location address, main characteristics, its composition;
• information on the procedure for familiarization with the property and documents on the property;
• information about the form of bidding;
• the procedure, place, term and time for submitting applications for participation in the Auction (the date and time of the beginning and end of the submission of these applications);
• a list of documents to be submitted by the participant of the Auction and requirements for their execution;
• the size of the deposit, the terms and procedure for making the deposit;
• the initial sale price of the property;
• minimum selling price (if any);
• auction step;
• the procedure and criteria for identifying the winner of the auction;
• the procedure and term for concluding a contract of sale with the winner of the auction;
• information about the organizer of the auction.

6. Procedure for accepting applications for participation in the auction

6.1. The organizer of the auction organizes the acceptance of applications for participation in the auction within the time period established by the broadcast

6.2. To participate in the auction, applicants (individuals or legal entities) provide the Organizer of the auction with:

• An application for participation in the auction according to the form established by the Organizer of the auction and a list of documents submitted together with the application (in 2 copies). The application must be completed in written or electronic form in Russian.

6.3. The following documents must be attached to the application for participation in the Auction

6.3.1. Applicants - individuals provide:

• passport (original and copy);
• passport (original and copy) of an authorized representative, if the application is submitted by a representative;
• duly executed power of attorney for a person entitled to act on behalf of the applicant, if the application is submitted by a representative (original and copy)
• duly certified consent of the spouse (wife) of the applicant - an individual on the transaction at the auction or confirmation that at the time of the auction the applicant is not married;

6.3.2. Individual entrepreneur applicants represent:

• certificate of state registration of an individual as an individual entrepreneur (original and copy)
• certificate of registration of an individual entrepreneur with a tax authority; (original and copy)
• passport (original and copy);
• passport of an authorized representative, if the application is submitted by a representative (original and a copy of the power of attorney indicating the actions to be performed by a person entitled to act on behalf of the applicant, if the application is submitted by the applicant's representative. (original and copy)
• a list of submitted documents signed by the applicant

6.3.3. Applicants legal entities represent:

• notarized copies of constituent documents.
• a notarized copy of a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities
• duly certified copy of the document on the appointment of the sole executive body of the legal entity;
• the decision of the founders of the legal entity (participants, shareholders) to participate in the auction, or a certified extract from the balance sheet for the last reporting period, confirming that this transaction, made in the event of the applicant's victory in the auction, is not a major one;
• a list of submitted documents signed by the applicant

6.3.4. Foreign legal entities submit an extract from the trade register of the country of origin or other equivalent proof of the legal status of a foreign investor in accordance with the legislation of the country of its location - a list of submitted documents signed by the applicant

6.4. The documents provided by the applicant, in terms of their design and content, must comply with the requirements of the legislation of the Russian Federation. Documents submitted by foreign legal entities must be legalized and have a properly certified translation into Russian.

6.5. Documents containing blots, erasures, corrections, etc., are not considered.

6.6. One person can submit only one application for participation in the auction for one lot.

If the applicant wishes to participate in the auction for several lots, he submits an application and all the necessary documents, as well as pays a deposit, for each lot separately.

6.7. The organizer of the auction ensures the confidentiality of the information and proposals contained in the submitted applications for participation in the auction before the start of the auction.

6.8. The applicant has the right to change or withdraw his application for participation in the Auction at any time before the deadline for submission of applications for participation in the auction. If a change is made to the bid, the date of filing the bid is the date on which the said changes are accepted by the auction organizer.

6.9. Applications are submitted within the period specified in the information notice on the bidding. Applications are accepted directly at the address and at the time specified in the notice.

6.10. The bidding organizer accepts bids and keeps records of them in the bid registration log, assigning a number, indicating the date and time of their acceptance. At the same time, on the copy of the inventory of documents that remains with the applicant, a note is made on the acceptance of the application, indicating the date, time and registration number assigned to this application.

6.11. The application is submitted by the applicant personally or by his authorized representative, and can also be sent by registered mail with acknowledgment of receipt.

6.12. If an application is received by mail, a copy of the application indicating the registration number assigned to it, the date and time of receipt of the application is sent to the applicant or his authorized representative by registered mail with acknowledgment of receipt.

6. 13. The auction organizer refuses to accept and register an application for an applicant in the following cases:

• the application is filed in an unspecified form;
• the application was submitted before or after the deadline for accepting applications specified in the notice;
• the application is submitted by a person not authorized to act on behalf of the applicant;
• Not all of the documents listed in the notice have been submitted.

This list of grounds for refusing to accept an application for participation in the Auction is not exhaustive.-

6.14. A note about the refusal to accept the application indicating the date, time and reason for the refusal is made on the inventory of the documents submitted by the applicant.
An unaccepted application with the documents attached to it is returned to the applicant on the day of its submission, together with a list of documents containing a note on the reason for the refusal, by handing them over to the applicant or his authorized representative against receipt or by sending the specified documents by registered mail with acknowledgment of receipt.

6.15. The auction organizer, within three working days from the date of the deadline for accepting bids, checks the documents submitted by the applicants for the presence of false information in them.
At the same time, the Organizer of the auction has the right to demand clarifications regarding the information contained in the application.
Upon completion of the verification of bids, the Bid Organizer submits to the auction commission the received bids, the list of received bids and information on the results of such verification

6.16. Based on the results of consideration of the materials and bids submitted by the Organizer of the auction, the auction commission decides on the recognition or non-recognition of the applicant as a participant in the auction.
The Commission refuses to recognize the applicant as a bidder if:

• the submitted documents do not comply with the requirements of the legislation of the Russian Federation or contain unreliable (distorted) information;
• the applicant does not meet the requirements for a bidder;
• the deposit was received to the account specified in the notice of the auction, not in full or in violation of the terms of these Rules and (or) the relevant agreement on the deposit.

6.17. The decision of the Commission on the admission of applicants to participate in the auction is made based on the results of consideration of the applications for participation in the auction submitted by the Organizer and is drawn up in a protocol.

6.18. The minutes of consideration of applications for participation in the auction shall indicate:

• all registered applications indicating the names (names) of applicants, date and time of acceptance;
• all withdrawn applications;
• names (names) of applicants recognized as bidders;
• the names (names) of applicants who were denied admission to participate in the auction, indicating the grounds for such refusal.

6.19. Applicants who have fulfilled all the conditions and requirements specified by the Organizer in the information notice on the auction are allowed to participate in the open Auction for the sale of property, namely:

• timely submitting an application for participation in an open auction,
• submitted duly executed documents in accordance with the list determined by the Bid Organizer and confirming their legal capacity to act as buyers of the property being sold
• paid the dues on time.

6.20. The Commission shall notify all applicants of the results of consideration of the submitted bids for participation in the auction and recognition or non-recognition of the applicants as participants in the auction by handing them an appropriate notification against receipt, or by sending such a notification by mail (registered mail) no later than the next working day from the date of signing the protocol definition of auction participants

6.21. After the Commission draws up the minutes on the auctions of consideration of applications, the registered applications are transferred according to the inventory for storage to the organizer of the auctions.

6.22. The applicant acquires the status of a bidder from the moment the commission draws up the protocol for consideration of bids for participation in the bidding. The Commission assigns a registration number to the bidder, which is indicated in the bidder's ticket, issued to him simultaneously with the notification of recognition of the Bidder as an auction participant.

7. Procedure for holding an open auction

7.1. Auction participants admitted to trading are registered by the Auction Organizer on the day, at the address and at the time specified in the notice.

7.2. To register, the Auction participant must provide:

• appearing in person, present to the organizer of the auction an identity document (passport), ticket of the participant of the auction
• the representative of the Auction participant (for individuals) presents a notarized power of attorney to perform actions to participate in the Auction, the ticket of the bidder
• the representative of the Auction participant (for legal entities) presents a power of attorney to perform actions to participate in the auction signed by the head of the organization and certified by the seal of the organization, the ticket of the bidder

In the absence of such documents, registration of this participant is not carried out.

7.3. The organizer of the auction in respect of each participant in the auction enters in the register of participants, in which the full name is indicated. (name) of the Auction participant, full name representative, if a participant's representative came to participate in the Auction, issues to the participant or his representative (if the participant's representative came to participate in the Auction), a card with the number of the bidder, which corresponds to the registration number of the bidder's ticket. Each participant is given only one card, regardless of the number of representatives. After that, the participant or his representative signs in the registration log of participants.

7.4. In the event that by the appointed time of the auction, no participant is registered in the register of bidders, or only one participant is registered, the Auction is recognized as failed, which is reflected in the Protocol on recognizing the Auction as failed.

7.5. The Auction is carried out by a specialist (Auctioneer), from the staff of the Auction Organizer. To conduct the Auction, the Bidding Organizer may invite an Auctioneer, with whom he concludes an Auction Agreement.

7.6. The auction is conducted by the Auctioneer in the presence of the Commission formed by the Organizer of the auction, which ensures order during the auction and compliance with the current legislation and these Rules. The number of members of the Commission must be at least five people, while the quorum is considered reached in the presence of three members of the commission. The Commission includes the Owner or his authorized representative. Prior to the bidding, the Chairman of the Commission is elected.

7.7. The auction begins with the announcement by the Chairman of the Commission about the opening of the Auction. After the opening of the Auction, the conduct of the Auction by the Chairman of the Commission is transferred to the Auctioneer.

7.8. After that, the Auctioneer finds out from those present (bidders, seller, members of the Commission) whether there are circumstances that prevent further bidding. If there are no such circumstances, the auction continues. If there are, the Auctioneer announces a break and the Commission retires to make an appropriate decision, which is subsequently reported to those present.

7.9. During the Auction, the sale of property is carried out for each lot separately

7.10. The auctioneer announces the name of the property, its main characteristics, the initial sale price, as well as the “upward auction step” and “downward auction step”, as well as the rules for conducting the auction.

"Auction step up", "auction step down" are set by the Auction Organizer in agreement with the Owner in a fixed amount, not more than 5 percent of the initial sale price, and do not change during the entire auction. At the same time, the size of the “upward auction step” is a multiple of the “upward auction step” size.

7.11. After the auctioneer announces the initial selling price, the auction participants are invited to declare this price by raising the card.

7.12. If after the announcement by the auctioneer of the initial sale price, the card was raised by at least one participant of the auction, then the Auctioneer offers other participants of the Auction to increase the initial price by the value of the “upward step of the auction.

If prior to the third repetition of the initial sale price, none of the Auction participants increases the initial price by the “upward auction step”, then the Auction participant who raised the card to confirm the initial price is declared the winner. The purchase price of the property is the initial sale price.

In this case, the Auction ends,

7.13. If, after the announcement of the initial sale price, the cards were raised by several participants of the Auction or after the Auctioneer's proposal to increase the initial price by the “up auction step” until the third repetition of the initial price, at least one Auction participant increased the price by raising the card, the Auctioneer increases the sale price in accordance with the “up step” auction for an increase” and names the number of the Auction participant who raised the card.

7.14. Further, the sale price is increased by the "up auction step" by the participants of the Auction by raising the card. After the announcement of the next sale price, the Auctioneer names the card number of the Auction participant who, from his point of view, raised it first, and points to this Auction participant. The auction continues as long as there are bids for the price in accordance with the "up auction step".

If there are no participants in the Auction offering to increase the sale price of the property by an “up auction step”, the Auctioneer repeats the last proposed sale price three times.

The auctioneer announces the sale of the property, names the price of the sold property and the number of the Auction winner's card.

7.15. If, after the announcement of the initial price, none of the participants in the Auction raises their card, the Auctioneer lowers the initial price in accordance with the “downward auction step” and announces a new selling price. The initial sale price is reduced with the announced "decrease auction step" until the moment when one of the participants in the Auction agrees to purchase the property at the price announced by the Auctioneer.

If, when the initial price is lowered by an “upward auction step”, at least one Auction participant raises a card confirming their intention to purchase property at the last price announced by the Auctioneer, the Auctioneer offers the Auctioneer to increase the indicated price by an “up auction step”, and repeats the last declared price three times. If before the third repetition of the sale price none of the participants of the Auction raised the card, the Auction ends. The winner of the Auction is the participant of the Auction, whose card number and the price offered by him were named by the Auctioneer last.

7.16. If, after the Auctioneer's proposal to increase the price by the “up auction step” until the third repetition of the indicated price, at least one Auction participant increased the price by raising the card, the Auctioneer raises the selling price in accordance with the “up auction step” and names the number of the Auction participant who raised card.

Further, the sale price is increased by the "up auction step" by the participants of the Auction by raising the card. After the announcement of the next sale price, the Auctioneer names the card number of the Auction participant who, from his point of view, raised it first, and points to this Auction participant. The auction continues as long as there are bids for the price in accordance with the "up auction step". If there are no participants in the Auction offering to increase the sale price of the property by an “up auction step”, the Auctioneer repeats the last proposed sale price three times.

If before the third repetition of the sale price none of the participants of the Auction raised the card, the Auction ends. The winner of the Auction is the participant of the Auction, whose card number and the price offered by him were named by the Auctioneer last.

The auctioneer announces the sale of the property, names the price of the sold property and the number of the Auction winner's card.

7.17. Price reduction is allowed up to the "minimum selling price".

In the event that the “minimum selling price” is reached as a result of the reduction in the starting price, the Auctioneer announces that it has been reached and repeats it three times.

If before the third repetition of the “minimum sale price” at least one Auction participant raised a card to confirm their intention to purchase property at the specified price, the Auction continues in the manner provided for in paragraphs 7.15 and 7.16 of the Rules.

If, before the third repetition of the "minimum sale price", none of the participants raises a card to confirm their intention to purchase property at the "minimum sale price", the Auction is declared invalid.

8. Registration of the results of the auction

8.1. The auction results are summed up by the Auction Commission and drawn up by a protocol on the results of the auction in 3 (three) copies. .The protocol shall indicate:

• trade name
• composition of the auction commission
• F,I,O, (name) of the winning bidder,
• details of a legal entity or data of an identity document, an individual entrepreneur
• initial price of the subject of bidding
• the final price of the subject of the auction, proposed by the winner of the auction and the condition of its payment;
• other information and conditions for acquiring the subject of bidding at an auction
• information that the auction is declared invalid (if applicable).

The Protocol on the results of the Auction has equal legal force, the first of which is transferred to the Winner of the Auction, the second - to the Seller, the third remains with the Auction Organizer.

8.2. The Protocol on the results of the Auction is signed by the Auctioneer, the Commission and the winner of the Auction. Approved by the Organizer of the auction no later than the next working day from the date of the auction.

The protocol on summarizing the results of the Auction is a document certifying the right of the winner of the Auction to conclude a Sale and Purchase Agreement based on the results of the Auction.

9. Recognition of the auction as invalid

9.1. The auction is declared invalid if:

• during the period for accepting applications, the Organizer of the auction received only one application from the applicant for participation or not a single application was received;
• upon the expiration of the deadline for accepting bids, no bidder is allowed to participate in the auction or only one bidder is admitted;
• auction participants did not appear at the appointed time and day to participate in the auction, or only one participant appeared;
• the representative of the participant (representatives of the participant) was denied participation in the Auction due to the lack of properly executed documents confirming the authority of the representative, if the number of registered participants is less than two;
• during the Auction, none of the participants declared the initial price;
• none of the bidders during the Auction after the announcement of the "minimum sale price" did not raise the card;

9.2 If the Auction is declared invalid, on the same day a protocol is drawn up on the recognition of the Auction as invalid, which is signed by the Auctioneer, members of the Commission and approved by the Auction Organizer.

10. Procedure for payment, return and deduction of the deposit

10.1. Procedure for paying the deposit

10.1.1. The deposit is subject to transfer by the Applicant on the basis of the Deposit Agreement to the account specified in the Agreement and is transferred directly by the Applicant.

The payment order in the column "purpose of payment" must contain a reference to the details (No., date, year) of the Deposit Agreement, the date of the Auction, Lot No.

10.1.2. The deposit serves as a security for the fulfillment of the Bidder's obligations to conclude a sale and purchase agreement and pay for the Property sold at the auction if the Auction participant is recognized as the winner.

10.1.3. If the amount of the Deposit from the Applicant is not credited to the settlement account of the Auction Organizer on the date specified in the information notice, the Applicant is not allowed to participate in the Auction. The submission by the Applicant of a payment order with a mark of execution is not taken into account by the Organizer of the auction.

10.1.4. No interest is accrued on funds transferred as a deposit

10.2. The procedure for the return of the deposit

10.2.1. The Deposit made is subject to return within five working days to the current account:

• Applicant not allowed to participate in the Auction. In this case, the period for the return of the Deposit is calculated from the date of signing by the Auction Commission of the protocol on
  results of consideration of applications;
• To the Applicant or the Auction Participant who withdrew the application before the start of the auction. In this case, the term for the return of the Deposit is calculated from the date of receipt by the Organizer of the auction of a written notice of the withdrawal of the application;
• To the Auction participant who did not become the winner. In this case, the term for the return of the deposit is calculated from the date of signing the protocol on the results of the auction;
• To the Applicant or Participant of the Auction in case the Auction is declared invalid or if the Organizer of the auction decides to cancel the auction. In this case, the period is calculated from the date of the announcement of the Auction as failed or from the date of the decision to cancel the auction.
• The date of return of the deposit shall be the date indicated in the payment order for the return of the deposit.

10.2.2. The auction organizer has the right to refuse to conduct an Auction for any Lot no later than 3 days before the date of the Auction specified in the information message,

10.3. The order of deduction of the Deposit

The deposit paid is not returned if:

• The participant of the Auction recognized as the winner will evade (refuse) from signing the protocol of summarizing the results of the Auction
• The participant of the Auction recognized as the winner will evade (refuse) from signing and paying within the established period of the Contract for the sale of the Property

• On 04/15/2018
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• 223-FZ, 44-FZ, UIS, Purchase of medicines, medical equipment, Purchases from a single supplier, Request for quotations, Request for proposals, NMTsK, SMP, Electronic signature, Electronic auction, ETP

In this article, we have collected all the information about electronic auction, which is contained in 44-FZ. It is no secret that this law is sometimes difficult to understand, so we have tried to present its provisions as clearly and simply as possible.

What is an e-auction and when is it held

An electronic auction is understood as a purchase that:

• conducted in electronic form and carried out on the electronic trading platform ( ETP);
• passes in open auction format in real time, that is, participants see each other's bids and can improve their bids.

In this case, improvement means filing an application with a price lower than that of competitors, since an electronic auction under 44-FZ is being held to reduce the value of the contract.

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ (Unified Register of Procurement Participants) register on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

An electronic auction is considered the most transparent procedure of all methods for determining a supplier. Its drawback is that the selection criterion at the bidding stage is only the price. Therefore, not any goods, works or services can be purchased through an auction, but only those for which you can:

• accurately describe the object of the procurement;
• evaluate the application solely on the price.

Such objects of procurement are included in the list approved by the Government of the Russian Federation. The goods, services and works that are included in it must be purchased strictly through an electronic auction. But there is an exception: if the conditions for the purchase of an object from the auction list "fit" into the request for quotations or proposals or the conclusion of a contract with a single supplier, then the appropriate procedure can be carried out. So, if the price of the contract for the purchase of goods from the auction list does not exceed 100 thousand rubles, instead of an auction, a purchase can be made from a single supplier.

In addition, the customer may purchase by auction other goods, works or services, if they can be clearly described and evaluated only at a price.

The essence of the electronic procedure

The parties to the electronic auction are:

• customer;
• suppliers;

The ETP is a resource on the Internet that provides the other parties with the technical capabilities to interact for the purpose of bidding and concluding contracts. Each site is managed operator i.e. the legal entity that owns it. Not any ETP is allowed to trade under 44-FZ, but only those that meet certain requirements. Currently, there are only 6 sites that are approved for public procurement procedures. However, soon.

To become a bidder on the ETP, you need to pass accreditation. So far, this procedure is carried out at each site separately, however, after the transition of all purchases to electronic form, instead it will be enough just to register in the EIS.

Document exchange

The name of the procedure means electronic document management. This means that all documents signed by the parties are in electronic format and signed electronic signature. To obtain an EDS certificate, customers must apply to the Treasury. Suppliers can obtain a signature from any CA.

Note! From July 1, 2018, suppliers must use a qualified electronic signature. While allowed to use unqualified.

The exchange of electronic documents takes place through the platform. The exception is the process of concluding a state contract - it takes place in the EIS. ETPs are obliged to ensure the confidentiality of information about the participants of the auction until its results are summed up. In addition, the site stores information and documents on all procedures that took place on it earlier.

It is the responsibility of the ETP operator to publish documents. This applies not only to the minutes that are drawn up during the auction, but also to the documents that are uploaded to the site by customers, namely, notices and other procurement documents, their changes, clarification of the provisions of the documentation and notice of refusal to hold an auction. All these documents (with the exception of the notice of the electronic auction and the auction documentation, which is placed in the EIS), the operator also sends to the mail of the participants.

ETP accreditation

To pass accreditation at the site, it is necessary to submit a set of documents to the operator. For now, this needs to be done at every site. However, the accreditation process will be reduced to registration in the EIS. In the meantime, the old accreditation rules are in effect, so we will pay attention to them.

IN a set of documents submitted to the bidding operator, includes:

1. Statement.
2. A copy of an extract from the relevant register (EGRLE, EGRIP), received no earlier than 6 months ago. If the application is submitted by an individual, instead of an extract, a copy of the passport must be submitted.
3. Copies of constituent documents for a legal entity.
4. TIN or equivalent (for foreigners).
5. If a foreign person passes accreditation, notarized documents on registration of a legal entity or individual entrepreneur are attached, for an individual - a copy of an identity document.
6. A document on the basis of which a representative of a legal entity acts on behalf of his company. It could be:
   • decision on appointment or election as a director;
   • a copy of the order of appointment.
7. If the representative is another person, then a document confirming his authority is attached. If it is an individual, a notarized power of attorney must be submitted. If legal - the original power of attorney issued by the company.
8. Decision to approve a major transaction.
9. Email address.

Note! The customer is not entitled to require the provision of any other documents from the participants who have passed accreditation at the ETP.

After submitting a set of documents to the ETP, the operator must accept accreditation decision. For this he is given 5 business days. As a result, the supplier should be notified of the decision made. If it is positive, together with it the participant will receive access to auctions and an account number for transferring bid security. If negative, the message will indicate the reasons for this.

Refusal can be in several cases:

• not submitted any documents for accreditation;
• documents are submitted but do not meet the requirements;
• The company is registered offshore.

There can be no other grounds for refusing accreditation. If the deficiencies are corrected, the supplier may re-apply for accreditation.

If accepted positive decision The participant is given accreditation for a period of 3 years. It is important to remember that changes must be notified to the ETP. This is necessary if:

• the details of the supplier have changed or changes have been made to the documents.
• the electronic signature has changed or its validity period has expired.
• issued new powers of attorney to work on behalf of the bidder.

The participant sends a notification about this to the ETP, and the operator makes changes to his data. If necessary, documents are also placed on the site.

Important! The auction operator does not verify the accuracy of the information and documents provided by the participants. All responsibility for this lies with them.

Having received accreditation, the participant can see all the auctions held on the site. In order to participate, he must transfer funds to ETP. At the time of sending and applying for a particular auction, an amount equal to the size of its security will be blocked from these funds.

The opportunity to participate in auctions is blocked 3 months before the end of the accreditation period. The ETP notifies the participant that the accreditation needs to be renewed. You can start the process without waiting for this notification, but not earlier than 6 months before the expiration of the current accreditation.

The operator, in turn, leads Register of accredited participants. It contains the following data:

• information from the application for accreditation;
• documents of the participant, with the exception of constituent documents and extracts from the Unified State Register of Legal Entities or EGRIP;
• last day of accreditation.

Information is sent to this Register on the same day when the decision to accredit the applicant is made. If changes are made to the information, they are reflected in the register within 1 hour. Upon expiration of the accreditation period, the participant is excluded from the register within one working day. The same will follow if the operator decides to remove the supplier from the register. The site must send a notice to the supplier that he is excluded from the register of accredited participants.

Documentation

Auction Notice

The notice of the auction is published in the EIS and in any mass media within the following terms:

• if the contract price is less than 3 million rubles - not less than 7 days before the deadline for accepting applications;
• if the contract price is more than 3 million rubles - not less than 15 days.

The notice includes information required for all purchases:

1. Details of the customer - name, address, contact details, full name of the person responsible for the purchase.
2. Terms of the contract - a description of the procurement in accordance with Article 33, information on the quantity of goods purchased or the amount of work, services, as well as the place of their performance.
3. The term of the contract.
4. NMCC and source of funding.
5. Identification code.
6. Restriction or preferences for certain groups of participants. For example, holding information that the purchase is carried out for small businesses.
7. How to define a supplier.
8. Application information.
9. Information on the amount and procedure for providing security for the application.
10. Information about contract security - size, order of presentation, information about banking or treasury support.

In addition, the notice includes information about a specific procedure: ETP address, closing dates for accepting applications and holding an auction, the amount of the application security, requirements for the participant - general and additional, conditions and prohibitions for the implementation of the national regime (if established).

Auction documentation

In the documents about the auction as a whole, all the information contained in the notice is repeated. In addition, the auction documentation contains such information:

1. A full description of the object of procurement, the terms of the state contract, as well as the rationale for the price.
2. Requirements for the content of the application, including instructions for filling out.
3. The procedure for settlements, including the application of the foreign exchange rate.
4. Information about the contract service of the customer, the contract manager or the person who is responsible for this auction.
5. Information about changing the terms of the contract.
6. Deadline for signing the contract.
7. Conditions under which the winner will be deemed to have evaded.
8. The period in which participants can send a request for clarification of the provisions of the documentation.
9. Information about the unilateral termination of the contract.
10. Contract project.

Request for clarification

If the supplier has questions about certain provisions of the documentation, he may request clarification. This feature works for any accredited member. Each of them can apply 3 requests within one procedure. For this, the following deadlines are set:

1. The request shall be sent no later than 3 days before the closing date for applications.
2. ETP transfers it to the customer within 1 hour.
3. The customer places his clarifications within 2 days. At the same time, information about the participant who submitted the request is not published.

Documentation changes

As a result of the clarification, the procurement documentation may be changed. In addition, the customer can do this at his own discretion. The rules are:

1. You can change the documentation no later than 2 days until the end of the application period.
2. The change is published within 1 day after such a decision has been made.
3. The deadline for accepting applications is extended in such a way that 7 or 15 days depending on the price of the contract.
4. Clarifications should clarify or add to the documentation, but not change its essence.
5. It is forbidden to change the object of procurement, increase the security of the contract.

Filing an application

The application for an electronic auction consists of two parts. We wrote in detail in a separate article.

The second part of the application consists of information about the supplier and the object of the purchase. The supplier provides:

1. Information about yourself - name, location, contacts and so on.
2. Documents that confirm that it meets the uniform requirements for procurement participants.
3. Documents (copies) confirming the compliance of the procurement object with the requirements of the legislation.
   

   Note! If such documents are transferred together with the goods, the supplier does not have to submit them as part of the application.

4. Decision to approve a major transaction, if applicable to this purchase for this supplier.
5. Documents that confirm the supplier's right to receive preferences (for example, for organizations of the disabled).
6. Documents confirming that the product complies with the conditions of the national regime, if such requirements are established for it.
7. If the purchase is for the SMP and SONO - a declaration of belonging to such entities.

Pay attention! The customer cannot require the supplier to submit other documents or information.

You can apply at any time, including the last day of admission. Both parts of the application are sent simultaneously. An application for an ETP is submitted, then the operator confirms within an hour that it has been received and assigns a number to it. Submitting more than one application for participation in the auction is prohibited.

At the first stage, the application is checked by the site itself. The operator cannot reject the application for other reasons, except:

• violation by the participant of the rules for signing EDS documents;
• submission by the participant of the second application, if the first is not withdrawn;
• violation by the participant of the deadline for filing an application;
• lack of funds to secure the application;
• the expiration of the supplier's accreditation at the ETP (applications are no longer accepted 3 months in advance).

When sending a refusal to accept an application to a participant, the operator must explain the reason. The participant himself can withdraw the application before the end of the acceptance period - there are no restrictions for this.

When the deadline for accepting applications is over, ETP sends their first parts to the customer. This must be done no later than the next business day.

It happens that not a single application has been submitted. In this case, the auction is recognized failed.

Consideration of the first parts of applications

No more 7 days from the date of the deadline for accepting applications, the commission of the customer considers their first parts. There are only two reasons for rejection:

1. The participant incorrectly issued consent to the supply of goods, the provision of services or the performance of work, or indicated incorrect parameters of the procurement object.
2. The participant indicated false or incomplete information in the application.
3. After considering all applications, the commission draws up a protocol listing all participants with serial numbers assigned to them and indicating in respect of each of them information on admission or non-admission to participate in the auction. If the participant is refused, this decision must be justified. You should indicate the provision of the documentation or the law that this participant violated.
4. The protocol is sent to the ETP and placed in the EIS until the end of the term for consideration of applications. The bidding operator, within an hour after receiving the protocol, must send a notification to all participants about the decision of the customer.
5. It happens that not a single application is launched as a result of consideration of their first parts for the auction. In this case, it is considered that the auction did not take place.

Bidding procedure

The date of the auction is indicated in the documentation. It is held after 2 days after consideration of the first parts of applications. If that day falls on a weekend, the next business day is the next. The time is assigned by the operator and depends on the time zone.

All participants admitted to the procedure, on the appointed day and hour, gather in the "auction room" at the ETP. When the auction starts, they submit their bids. The price step cannot be less than half a percent of the NMTsK or the participant's current minimum offer. You can only improve your own application, that is, submit another one with a lower price. However, if the best bid is yours, you cannot improve it further until another bidder does so. It is also forbidden to submit an order with a price equal to zero. More details, price offers and price increments can be found in a separate article.

If within 10 minutes after the last application no one “interrupted” it, the auction is considered completed.

It happens that two participants fall the same application. In this case, the winner will be the one whose application is fixed first.

For the next 10 minutes, participants can submit offers with a price not lower than that of the winner. It can be anything between the NMTsK and the leading price. In this case, the calculation is made on the fact that at the stage of consideration of the second parts of applications, some of them may be rejected.

Auction Protocol

Based on the results of the auction, the operator generates a protocol in which he indicates information about the initial price of the contract and all the latest proposals of the participants, distributed in ascending order of price. That is the participant with the best entry will be assigned the number "1". For each application, the time at which it was received is recorded. In addition, the protocol indicates the address of the ETP, as well as the time of the beginning and end of the auction. The protocol is placed on the site within 30 minutes after the end of the auction.

Within the next hour, the operator must send to the customer:

• auction protocol;
• the second parts of the applications of all participants, which are ranked in the protocol under the numbers 1-10;
• documents from the register of accredited participants.

In addition, notification of the results of the auction is sent to its participants.

It happens that in the first 10 minutes of trading, no one has submitted a single offer. Then it is considered that the auction did not take place. The operator publishes a protocol in which it indicates the address of the ETP, the start and end times of the auction, and the initial price of the contract.

If the participant of the auction does not understand something in its results, he can send a request for clarification. The response to the operator is given 2 working days.

If the price "passed through zero"

During the auction, the price of the contract can be reduced to zero. By submitting the proposals following this, the participants will compete among themselves for the right to conclude a contract with the customer. The last price will be paid by the winning bidder to the customer for the conclusion of the contract. Such an auction can be held up to 100 million rubles. A participant cannot submit an application for an amount exceeding the value of a major transaction, which is published in the Register on the ETP. The security of the contract in this case is calculated not from the price offered by the winner, but from the initial price.

Consideration of the second parts of applications

The commission of the customer considers the second parts of the applications of the participants who took from the first to the fifth place according to the results of the auction. The review process takes no more than 3 working days. The only reason for rejecting the second part of the application is the lack of necessary information or the presence of inaccurate information.

When all applications are considered, the customer draws up a protocol for summing up the results of the auction. It contains serial numbers 5 best applications and a mark is made on their compliance with the requirements. If the application is recognized as non-compliant, it is necessary to indicate what exactly is violated in it. In relation to each application, the decision of each member of the commission is indicated.

Participants who took the first 3 places cannot withdraw their applications. All other participants may do so by sending a notification to the ETP operator.

The winner of the auction is the participant who offers minimum price— provided that the second part of his application complies with the requirements. If the auction "passed through 0", then the bidder with the highest bid wins.

The protocol is published in the EIS no later than the next business day. In addition, within an hour, the ETP operator must notify all participants of the results of consideration of applications.

If no second part of the bid meets the requirements, the auction is recognized failed.

If the participant does not agree with the actions of the customer or the ETP operator, he can.

Conclusion of a contract based on the results of an electronic auction

With the participant, who is recognized as the winner, the customer concludes a state contract. During 5 days after the placement of the final protocol, the customer publishes a draft contract in the EIS. It must contain data from the application of the winner and the price offered by him. First, the contractor signs the contract. He has 5 days from the date of placement of the project in the EIS in order to make a security and put your signature. As a result, he must place a signed contract and a document confirming the deposit of security.

The last person to sign the contract is the customer. He can do it not earlier than 10 days from the date of publication of the final protocol.

The fight against dumping and additional security measures

If in the course of trading the price of the contract falls by more than a quarter of the initial value, anti-dumping measures come into force. They are as follows:

1. If the NMCC is more than 15 million rubles, the amount security increases by one and a half times.
2. If the NMTsK is less than 15 million rubles, you can either deposit increased security (clause 1) or provide contracts executed without penalties.

For some objects of procurement, which belong to the category of essential goods, additional requirements are established. These are food, medicines, emergency supplies, fuel. To confirm the seriousness of their intentions, the participant must provide the customer with one of the documents:

1. A letter of guarantee from the manufacturer, which indicates the price and quantity of goods shipped to the supplier.
2. A document that confirms that the supplier has the goods needed for delivery.
3. Other documents confirming that the supplier is able to fulfill its obligations and deliver the object of purchase at the price offered.

Drawing up a protocol of disagreements

Law 44-FZ does not allow changing the essential terms of the contract. However, the supplier may notice some inaccuracies in the project proposed by the customer for signature: inconsistency of data with what is indicated in the notice, auction documentation or participant's application. In this case, a protocol of disagreements is drawn up. It indicates what exactly and what does not correspond.

Next 3 days given to the customer in response. And it can be like this:

• a new version of the contract with corrected inaccuracies indicated by the supplier (without the signature of the customer);
• the contract in the old edition plus a justification document why changes cannot be made.

Now already 3 days the supplier has the right to sign a contract or send a new protocol of disagreements. An unlimited number of such protocols can be submitted. However, the following rule must be followed: the last protocol can be sent to the customer no later than 13 calendar days from the date of publication of the final protocol of the auction.

When all disagreements are settled and the contractor has signed the contract, the customer has 3 days to put his signature.

Contract evasion

The winner of the auction will be recognized as having evaded the conclusion of the contract if he violates the rules:

• does not sign the contract within the established time and does not send it to the customer;
• send the protocol of disagreements after 13 days from the date of publication of the final protocol of the auction;
• will not deposit collateral or provide collateral that does not meet the requirements.

The customer has the right to apply to the court in order to claim damages from the winner of the auction, which were caused by his refusal to conclude the contract. As far as purchasing is concerned, the contract can be concluded with the participant number 2. If he gives his consent, then within 10 days the customer sends him a draft contract. If participant No. 2 refuses, then a decision is made to recognize the auction as invalid.

The auction did not take place

So, the electronic auction was declared invalid. What's next? The action plan depends on whether there are bidders for the contract or not.

There is only one contender

Only one bid can be submitted for the auction. Or several applications have been submitted, but following the results of consideration of the first parts, it was decided that only one of them meets the requirements. That is, only one participant is admitted to the auction. It is clear that in such a situation it cannot be held, however, a contract can be concluded with the participant, as with a single supplier.

The site operator must, no later than one working day after the end of the acceptance of applications, send the documents of the participant to the customer. Next, the auction commission will consider his application - the first and second parts - and decide whether they meet the requirements of the auction. As a result, a protocol will be drawn up in which the customer will indicate his decision. If it is recognized that the customer meets all the requirements, a contract will be concluded with him.

There are participants, but there are no price offers

Another possible option, when the auction is declared invalid, is that the participants admitted to it did not submit bids during the auction. In this case, the customer considers all the second parts of the bids and determines which of the auction participants fully meets the requirements. The contract will be concluded with those of them who are recognized as eligible and sent an application earlier than others.

No applicants

This is possible in a situation where no bids have been submitted to the auction or, based on the results of consideration of the first parts, none of them has been found to meet the requirements. In this case, the customer must change his planning documents and carry out. If the norms of the law 44-FZ allow, it is possible to carry out the purchase in another way.