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 a participant is not admitted to the auction, the ETP specialist will unblock the money that was the collateral 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 their price offers more attractive 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 invalid. 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).
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.
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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".
After confirmation of accreditation, it is necessary to open a special bank account. Funds are transferred to it to secure the auction bid.
The amount of security for each auction is set by the customer in the range from 0.5% to 5% of the initial contract price. In the event of a win and withdrawal from the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.
If you do not win, the collateral will be returned within 5 business days. If you win, then the application security will also return, but after making the contract security and signing it.
Step 5. Applying for an auction
An application for an auction can be submitted if funds have been credited to the personal account to ensure it.
- An electronic auction on the site is searched for by registry number
- Fill out application forms in your personal account, upload documents
- Each file and the final application form are signed with digital signature
After submission, each application is assigned a serial number. On some sites, it corresponds to the number of applications submitted, it can be used to determine how many participants in total. If there are doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.
Step 6. Consideration of the first parts of applications
The auction commission of the customer, up to 7 days, considers the first parts of applications and makes a decision: to admit to electronic trading or to reject. The name of the company in the first part is classified until the consideration of the second parts.
Based on the results of consideration at the site, a protocol is published with application numbers and a decision on admission. Company names remain hidden.
Step 7. Participation in the electronic auction
In case of admission to the bidding procedure, it is important not to miss the time of the electronic auction. This is usually the third working day after the publication of the admission protocol.
Possible confusion with time zones. The auction can take place early in the morning or at night, last for hours. You need a reliable Internet and a backup channel, an uninterruptible power supply or a laptop (and a charger!), EDS performance check.
There are many more overlays than you can imagine.
How is the auction conducted? When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit an offer - 10 minutes. After each new bet, 10 minutes are counted again.
You always have 10 minutes to decide on a new bet.
You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed since the last bid, the main auction ends. The first place is taken by the offer with the minimum price. But that is not all.
The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.
There are 10 minutes for this. In case of rejection of the auction winner's application for the second parts, the contract will be signed with the next participant in turn. Submission in an electronic auction is an important step that increases the likelihood of winning.
