home › Cooling system › Show examples of filling protocols following the results of the auction. Electronic auction: issues of drafting protocols (Pratura O.S.)

Show examples of filling protocols following the results of the auction. Electronic auction: issues of drafting protocols (Pratura O.S.)

Procurement protocols are binding document for all types of trades. A separate protocol is drawn up for each stage of the electronic auction. You will find more information about the types of protocols, as well as samples of protocols under 44-FZ, in the article.

Procurement protocols

To ensure maximum transparency of all tender procedures conducted under 44-FZ, the law undertakes to carefully document all actions taken by the parties. For these purposes, detailed protocols are drawn up. This rule also applies to such a supplier selection method as an electronic auction.

Auction protocols 44-FZ are compiled by the customer and placed in the public domain in the Unified Information System (EIS). Consider all types.

To get full access to the PRO-GOSZAKAZ.RU portal, please, register. It won't take more than a minute. Select social network for quick authorization on the portal:

Electronic auction protocols

Electronic auction refers to procedures that take place in several stages. Therefore, each stage must be confirmed by the appropriate paper. There are several types.

Auction protocols according to 44-FZ:

✔ Application review protocol;
✔ Protocol of the auction;
✔ Protocol of the results of the auction.

In the application review protocol the procedure for reviewing the first parts should be reflected. Contact information is hidden to maintain confidentiality. the serial numbers of participants and information on admission or non-admission to the next stage are indicated.

Auction Protocol compiled and published within half an hour after the end of the auction. The document is generated by electronic platform(often automatically). It contains the address trading platform, date of beginning and end of trading, NMTsK, as well as information on the submitted offers (auction steps).

Protocols on failed auctions

Not always the electronic auction goes according to the scenario. In cases where the auction is declared invalid for various reasons, the customer is obliged to draw up special types protocols. The same applies to cases where disagreements arise.

Auction protocols 44-FZ, if the auction did not take place or was held with violations:

✔ Review Protocol single application . To be completed if only 1 application has been submitted.
✔ Protocol for consideration of the application of a single participant. In this case, several applications may be submitted, but only one of them is recognized as compliant.
✔ Protocol on declaring the auction void. This protocol is drawn up automatically by the operator of the electronic site in cases where, after the start of trading, no bids were submitted within 10 minutes (time for one step of the auction). Download template or sample »

In case of disagreement between the customer and the supplier, it is necessary to issue other types of documents. This includes contract withdrawal protocol. The customer, according to 44-FZ, has the right to refuse the winner in special cases. Such a refusal is drawn up in the form of a protocol and must be sent to the contractor within 2 working days from the date of signing. Sample and template of the protocol on refusal to conclude a state contract

If the performer does not want to sign the document, then his refusal must be recorded in the protocol for recognizing the electronic auction participant as evading (in accordance with the requirements of Article 37 of Law 44-FZ).

Protocol of disagreements on the electronic auction 44-F is drawn up in the event that after the deadline for filing bids, discrepancies were found between the terms of reference and the draft contract. It allows you to continue working with the tender without closing it and is sent from the winner of the tender to the customer. The customer can agree with the comments or reject them. Download an example of a protocol of disagreements under 44-FZ »

The document must be sent within 13 days from the date of signing the final protocol for the auction. While the dispute protocol is being considered, the contract security is not posted, so many suppliers use this procedure to add time for themselves to find funds for posting the security.

Drawing up a protocol is a mandatory procedure for each stage of the auction. They are designed to reflect all actions taken by the parties and protect the principles of openness and fair competition in public procurement.

Attached files

Protocol for consideration of applications for participation in the auction in electronic form- sample.doc
Protocol for consideration of applications for participation in the auction in electronic form - template.doc

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

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

Protocols drawn up during the electronic auction

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

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

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

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

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

Regulations auction documentation, which does not correspond to the application of the procurement participant;

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

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

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

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

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

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

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

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

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

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

Location address / postal address of the procurement participant;

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

Procurement participant's offer price (rubles);

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

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

1) information about serial numbers of applications;

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

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

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

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

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

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

Protocol on the failed procedure

Depending on the grounds for recognition of an electronic auction failed customer must complete its protocol.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Information about the customer;

Purchasing information;

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

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

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

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

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

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

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

An indication of the place and time of its compilation;

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

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

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

Protocols of disagreements when signing a contract

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

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

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

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

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

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

As follows from Art. 190 of the Civil Code of the Russian Federation, the statutory period is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. At the same time, the course of a period determined by a period of time begins the next day after the calendar date or the occurrence of the event that determined its beginning (Article 191 of the Civil Code of the Russian Federation).

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

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

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

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

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

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

In the decision of the Arbitration Court of the Novosibirsk Region dated December 10, 2014 in case No. interesting point associated with the direction of protocols of disagreements.

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

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

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

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

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

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

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

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

Record of changes to the documentation

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

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

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

Type of violation	Article of the Code of Administrative Offenses of the Russian Federation	Liability
Placement of the protocol with "technical errors", lack of required information in the protocol	Part 2.1 of Art. 7.30 (violation of the requirements stipulated by the legislation on the contract system for the content of the protocol drawn up in the course of the procurement)	Administrative fine for officials in the amount of 10 thousand rubles.
Non-placement of the protocol in the EIS	Part 3 Art. 7.30 (non-posting by an official in the UIS of information and documents, the placement of which is provided in accordance with the legislation on the contract system)	Administrative fine on officials in the amount of 50,000 rubles; on legal entities- 500,000 rubles.
Violation of the deadline for signing protocols for no more than 2 working days	Part 13 Art. 7.30 (violation of the deadlines stipulated by the legislation on the contract system for signing protocols during a tender, auction, request for quotations, request for proposals, no more than 2 working days)	Administrative fine on officials in the amount of 3000 rubles.
Violation of the deadline for signing protocols for more than 2 working days	Part 14 Art. 7.30 (violation of the deadlines stipulated by the legislation on the contract system for signing protocols during a tender, auction, request for quotations, request for proposals, for more than 2 business days)	Administrative fine on officials in the amount of 30,000 rubles.
Violation of the term for placing protocols in the EIS for no more than 2 working days	Part 1 Art. 7.30 (violation by an official of the terms for posting information and documents in the EIS, the placement of which is provided for by the legislation on the contract system, during a tender, auction, except as provided for in parts 1.2 and 1.3 of article 7.30, for no more than 2 working days )	Administrative fine for officials in the amount of 5,000 rubles; for legal entities - 15,000 rubles.
Violation of the term for posting protocols in the EIS for more than 2 working days	Part 1.1 Art. 7.30 (violation by an official of the terms for posting information and documents in the EIS, the placement of which is provided for by the legislation on the contract system, during a tender, auction, except as provided for in parts 1.2 and 1.3 of article 7.30, for more than 2 working days)	Administrative fine for officials in the amount of 30,000 rubles; for legal entities - 100,000 rubles.

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

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

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

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

D. Trade register number No. 2

PROTOCOL

ABOUT THE RESULTS OF THE OPEN AUCTION

1. Form of bidding: auction open according to the composition of participants and the form of submission of proposals.

2. Name of the organizer of the auction, contact information: Organizer of the auction - management department municipal property administration of the Bogucharsky municipal district of the Voronezh region.

Postal address (location): Voronezh region, .

Email address: *****@***ru.

Contact phone number: tel/,

Responsible person:

3. Date, time and place of the beginning of the auction: Voronezh region, Bogucharsky district, (2nd floor, meeting room of the administration of Bogucharsky municipal district), October 22, 2010 at 10:00 Moscow time.

Contact phone/,

The commission consists of 6 people. The meeting is held in the presence of 6 members of the commission. There is a quorum. The commission is legal. The meeting of the commission started at 10:00 Moscow time.

4. The subject of the auction is the sale of the right to conclude a lease agreement for non-residential premises with a total area of 9.1 sq. m. m. for a period of 5 years:

Residential address

Special purpose

premises

Description and specifications premises

Initial price of the lease right, rub.

auction step, rub.

Voronezh region, Bogucharsky district, Boguchar, military town, house 57, room. 20, 17.

to carry out activities in the field of telecommunications (Internet service provider)

main premises, floor 1, premises No. 20, 17, total area 9.1 sq. m., concrete monolithic foundation 79%, walls and their exterior finish prefabricated reinforced concrete frame with a lining of 0.5 bricks, partitions - gypsum concrete, ceilings - prefabricated reinforced concrete slabs, roof - metal, floors - cement, tiled, openings windows - double glass, openings - door - metal, wooden, interior decoration - simple (plaster, whitewashing, painting), electrical - plumbing devices - central.

The decision to hold an auction for the sale of the right to lease non-residential premises was made by a resolution of the administration of the Bogucharsky municipal district Voronezh region dated 01.01.2001 No. 000 "On the provision of non-residential premises for rent"

An information message about the auction for the sale of the right to lease non-residential premises was posted in the Selskaya Nov newspaper on September 04, 2010 No. and on the official website of the administration of the Bogucharsky municipal district of the Voronezh region www. *****.

5. Total applications submitted for participation in the auction.

2 (two) applications were submitted for participation in the auction. No changes were made to the bids for participation in the auction. There are no withdrawn applications for participation in the auction.

5.1. Information about participants to participate in the auction:

6. Results of an open auction for the sale of the right to lease non-residential premises.

The auction was attended by 2 participants of the auction, which are registered in the register of representatives of the participants of the open auction.

7. Results of the open auction:

According to the results of the open auction, the participant No. 2-, born on July 16, 1959, passport series No. issued by the Department of the Federal Migration Service of Russia for the Voronezh Region in Bogucharsky District on November 21, 2009, who offered the highest price, was recognized as the winner.

7.1. The protocol is drawn up in two copies, one of which is transferred to the winner, and the second remains with the organizers of the auction. The protocol on the results of the auction is the basis for concluding with the winner of the auction a contract for the sale of the right to lease and a contract for the lease of non-residential premises. The lease agreement is subject to conclusion no later than 10 days from the date of signing the protocol on the results of the auction.

The meeting of the commission ended at 10:25.

8. The protocol is signed by the members of the commission present at the auction:

Commission Chairman

Commission member

Bid Winner

varia variant.doc nt.doc

elekt p elekt pdig.doc dig.doc

16 January 2018, 23:39, question #1874375 Anna , Upper Landeh

Collapse

Lawyers Answers (4)

Lawyer, Moscow

Chat

Hello.

I don’t quite understand, the same auction will be resumed again (but how and when)

According to Art. 99 of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs":

if, as a result of conducting scheduled and unscheduled inspections by the control body in the field of procurement, as well as as a result of considering a complaint against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, an operator of an electronic site or a procurement commission, violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, the control body in the field of procurement has the right:
issue binding orders to eliminate such violations in accordance with the legislation of the Russian Federation, including the annulment of the definition of suppliers (contractors, performers).
An order to eliminate a violation of the legislation of the Russian Federation or other regulatory legal acts on the contract system in the field of procurement must contain an indication of specific actions to be taken by the person who received such an order in order to eliminate the said violation. The contract cannot be concluded before the date of execution of such an order.

Thus, based on the order you provided, the OFAS did not annul the definition of suppliers (contractors, performers), but only ordered to eliminate the relevant violations by 01/25/2018, where it also added:

carry out further actions for the procurement in accordance with the requirements of the Law on the contract system.

open auction

federal law

How the extension of such a period is carried out is written at the following link:

Was the lawyer's answer helpful? + 0 - 0

Collapse

Clarification of the client

I still didn't understand what was going to happen next. The official website says that the purchase is completed. Does this mean that the contract will still be signed with the supplier that was determined at the end of the auction? but our applications were returned to us, and the notification from the site says that all auction protocols have been cancelled. Tell me what's going to happen next? As part of the same purchase will there be an auction again? Or will they announce a new one? And in general, such a decision by the FAS is competent, because if there were no violations in the document, would another supplier most likely win? maybe we should appeal to the higher FAS?

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

How to make a protocol for consideration of applications for participation in the auction

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

The document determines the admission of participants and, according to part 6 of Art. 67, must contain:

serial numbers of applications;
decision on admission or refusal of admission to participation with justification and indication of the decision of each member.

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

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

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

If there are no proposals, or all are rejected, a protocol is published declaring the auction invalid. In this case, when only one application is submitted, the operator sends the customer two parts at once, which the auction commission must consider within three working days. In the document for considering a single proposal, it is necessary to reflect information about its compliance or non-compliance with the requirements of the documentation and the law, indicating the decision of each member of the commission ().

How the protocol for conducting an electronic auction is formed

Suppliers who are admitted to the tender can take part in the auction. The procedure is also carried out with the confidentiality of information about its participants. Within thirty minutes after the end of the auction, the operator places a document on the site that contains the following information (Article 68):

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

If within ten minutes after the start of the procedure no one has filed price offer, the auction is declared void. This information must be specified in the tendering document. At the same time, one should not confuse the timing of the publication of the protocol of the auction in electronic form and the timing of the protocol for summing up the results of the electronic auction 44-FZ. They will be discussed further.

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

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

The minutes of summing up the results of the auction 44-FZ must contain the following information (part 8 of article 69):

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

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

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

Popular in category: