Changing the deadline for filing applications 44 fz. In which case the customer needs to extend the application deadline

A Guide to Procurement Disputes:

1. Submission of applications for participation in an electronic auction is carried out only by persons registered in the unified information system and accredited on the electronic site. At the same time, submission of applications for participation in the procurement of certain types of goods, works, services, in respect of the participants of which the Government of the Russian Federation, in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law, establishes additional requirements, is carried out only by procurement participants, electronic documents (or their copies ) which are placed in accordance with Part 13 of Article 24.2 of this Federal Law by the operator of the electronic site in the register of procurement participants accredited on the electronic site.

2. An application for participation in an electronic auction consists of two parts.

3. The first part of an application for participation in an electronic auction, except for the case provided for by paragraph 3.1 of this article, must contain:

(see text in previous edition)

1) the consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms provided for by the documentation on the electronic auction and not subject to change based on the results of the electronic auction (such consent is given using the software and hardware of the electronic site);

2) in the course of the procurement of goods, including those supplied to the customer in the course of the performance of the purchased works, the provision of the purchased services:

(see text in previous edition)

A) the name of the country of origin of the goods;

(see text in previous edition)

B) specific indicators of the goods corresponding to the values ​​set in the documentation for the electronic auction, and an indication of the trademark (if any). The information provided for by this subparagraph is included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

(see text in previous edition)

3.1. The first part of the application for participation in an electronic auction, if included in the procurement documentation in accordance with Clause 8 of Part 1 of Article 33 of this Federal Law, of the project documentation must contain only the consent of the procurement participant to perform work on the terms provided for in the documentation of the electronic auction (such consent is given using software and hardware of the electronic platform).

4. The first part of the application for participation in an electronic auction, provided for by paragraph 3 of this article, may contain a sketch, drawing, drawing, photograph, other image of the goods for the supply of which the contract is concluded.

5. The second part of the application for participation in an electronic auction must contain the following documents and information:

1) name, company name (if any), location (for a legal entity), postal address of a participant in such an auction, last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number, taxpayer identification number of a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, a person performing the functions of the sole executive body of a participant in such auction;

(see text in previous edition)

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of part 1 of Article 31 of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established by paragraphs 3-9 of part 1 of Article 31 of this Federal Law ( the specified declaration is provided using the software and hardware of the electronic site);

(see text in previous edition)

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, in the event that in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the electronic auction. At the same time, it is not allowed to demand the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred together with the goods;

(see text in previous edition)

4) a decision to approve or conclude a major transaction or a copy of this decision, if the requirement that this decision is necessary for the conclusion of a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such auction, the contract to be concluded or the provision of security for an application for participation in such an auction, security for the performance of a contract is a major transaction;

5) documents confirming the right of an electronic auction participant to receive benefits in accordance with this Federal Law (in the event that an electronic auction participant has declared that he has received these benefits), or copies of such documents;

(see text in previous edition)

6) documents provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law in the case of the procurement of goods, works, services that are subject to the said regulatory legal acts, or copies of such documents. If the application for participation in an electronic auction does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

(see text in previous edition)

7) a declaration on the affiliation of a participant in such an auction to small businesses or socially oriented non-profit organizations in the event that the customer establishes a restriction provided for by Part 3 of Article 30 of this Federal Law (the specified declaration is provided using the software and hardware of the electronic platform).

(see text in previous edition)

(see text in previous edition)

6.1. If the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3, 8.2 of this article is found to be unreliable, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct.

(see text in previous edition)

7. A participant in an electronic auction has the right to submit an application for participation in such an auction at any time from the moment a notice of its holding is posted until the date and time specified in the documentation for such an auction, the deadline for submitting applications for participation in such an auction.

8. An application for participation in an electronic auction, except for the case provided for by part 8.1 of this article, shall be sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing parts of the application provided for by parts 3

(see text in previous edition)

8.1. An application for participation in an electronic auction, the description of the object of procurement of which, in accordance with clause 8 of part 1 of Article 33 of this Federal Law, includes project documentation, is sent by a participant in such an auction to the operator of an electronic site in the form of two electronic documents containing parts of the application provided for in parts 3.1 and this articles. These electronic documents are submitted simultaneously.

8.2. Electronic documents (their copies) confirming the compliance of an electronic auction participant with the additional requirements established in accordance with Parts 2 and 2.1 of Article 31 of this Federal Law are not included by the participant in such an auction in the second part of the application. Such documents (their copies) are sent to the customer by the operator of the electronic site using the software and hardware of such a site in accordance with Part 19 of Article 68 of this Federal Law simultaneously with the second parts of the applications for participation in such an auction from among the documents (their copies) placed in accordance with with Part 13 of Article 24.2 of this Federal Law in the register of procurement participants accredited on the electronic site.

9. Within one hour from the moment of receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the participant of such an auction who submitted the specified application, its receipt, indicating the identification number assigned to it.

(see text in previous edition)

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction.

(see text in previous edition)

11. Within one hour from the receipt of an application for participation in an electronic auction, an operator of an electronic site shall return this application to the participant of such an auction who submitted it in the following cases:

(see text in previous edition)

2) one participant in such an auction submits two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such an auction are returned to this participant;

3) receipt of this application after the date or time of the deadline for filing applications for participation in such an auction;

4) receipt of this application from a participant in such an auction in violation of the provisions

In accordance with part 4 of article 61, the operator is given no more than 5 working days to review documents submitted for accreditation. In principle, if you submit an application on the day of the auction, then there will be enough time even in the case of a “short” placement. However, it is still better to do this in advance, as there is always a risk of delays due to technical failures. In what cases there is an extension of the deadline for submitting applications The customer has the opportunity to make changes to the documentation. True, he can do this only if at least 2 days are left before the deadline for submitting applications. The last two days are often called "time of silence", as it is no longer possible to alter or cancel the auction. At the same time, in accordance with the requirements of Part 6 of Article 55 of Federal Law No. 44, the deadline for filing applications must be extended.

How to extend the deadline for submitting applications for participation in an open auction?

The notice of an electronic auction, along with the information specified in Article 42 of this Federal Law, shall include: 1) the address of the electronic site in the information and telecommunication network "Internet"; 2) the expiration date for consideration of applications for participation in such an auction in accordance with Part 2 of Article 67 of this Federal Law; 3) the date of holding such an auction in accordance with Part 3 of Article 68 of this Federal Law. If the date of such an auction falls on a non-working day, the day of such an auction is postponed to the next business day; 4) the amount of security for bids for participation in such an auction; (as amended by Federal Law No. 396-FZ of December 28, 2013) (see the text in the previous edition) ConsultantPlus: note.

Extension of the application deadline

If the request for quotations is declared invalid on the grounds provided for by Part 9 of Article 78 of this Federal Law due to the fact that the quotation commission rejected all submitted applications for participation in the request for quotations, the customer extends the deadline for submitting applications for participation in the request for quotations by four business days and within one working day after the deadline for submission of such applications, shall place in the unified information system a notice on the extension of the deadline for submission of such applications. In this case, the customer is obliged to send a request for filing applications for participation in the request for quotations to at least three of its participants who can supply the necessary goods, perform work or provide services. 3.

Forum about public procurement and tenders good-tender

N 504-FZ, part 6 of article 63 is amended. See text in a future edition. 6. The customer has the right to make a decision to amend the notice of an electronic auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the object of procurement during such an auction is not allowed.

Within one day from the date of adoption of this decision, the customer places the indicated changes in the unified information system. At the same time, the deadline for filing applications for participation in such an auction must be extended in such a way that from the date of posting changes made to the notice of such an auction until the deadline for filing applications for participation in such an auction, this period is not less than fifteen days or if the initial (maximum) contract price (lot price) does not exceed three million rubles, for at least seven days. (in ed.

Forum of the Public Procurement Institute (Moscow)

From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017, clauses 5 and 7 of Part 5 of Article 63 are recognized as invalid. 5) benefits provided by the customer in accordance with Articles 28-30 of this Federal Law; 6) the requirements for participants in such an auction and an exhaustive list of documents that must be submitted by participants in such an auction in accordance with Clause 1 of Part 1, Parts 2 and 2.1 (if such requirements exist) of Article 31 of this Federal Law, as well as the requirement, presented to the participants of such an auction in accordance with Part 1.1 (if there is such a requirement) of Article 31 of this Federal Law; (as amended by Federal Laws No. 140-FZ of June 4, 2014, and No. 210-FZ of June 29, 2015) (see

Deadline for submitting quotation bids under 44 fz

The customer concludes a contract with a single supplier (contractor, performer) in accordance with clause 25 of part 1 of article 93 of this Federal Law in cases where the request for quotations is recognized as invalid on the grounds provided for: 1) part 6 of article 77 of this Federal Law due to the fact that at the end of the deadline for submitting applications for participation in the request for quotations, only one application has been submitted. At the same time, such an application is recognized as complying with the requirements of this Federal Law and the requirements specified in the notice of the request for quotations; 2) Part 9 of Article 78 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the request for quotations, only one such application was recognized as complying with the requirements of this Federal Law and the requirements specified in the notice of the request for quotations. 2.

Terms of the electronic auction according to the law No. 44-fz

Submission of an application is the first and one of the most important stages of participation in an electronic auction. In order not to miss a profitable offer, it is important not only to correctly draw up the documents, but also to provide them within the period specified in the notice. How many days are allotted for filing applications The law considers two cases - when the initial price of the contract is less than 3 million rubles and the second - when it exceeds this amount.

The first auction was popularly called "short", since only 7 calendar days should pass from the moment of publication of the notice to the end of the acceptance of applications. In this case, the day of publication of the notice and the day of consideration of applications, as a rule, are not taken into account (although this issue is rather controversial and some customers may interpret it in their own way). In the general case, the term is defined as follows.

Article 63. Notice of holding an electronic auction

If the initial (maximum) price of the contract (price of the lot) exceeds three million rubles, the customer places in the unified information system a notice of an electronic auction at least fifteen days before the deadline for filing applications for participation in such an auction. 4. The customer has the right to publish a notice of an electronic auction in any mass media or place this notice in electronic mass media, provided that such publication or such placement cannot be carried out instead of the placement provided for in part 1 of this article. 5.
For example, a notice of an auction with a starting price of 100,000 rubles was published on August 11, 2016. Then the acceptance of applications will end, most likely, on August 19. If the initial price of the contract is significant, exceeds 3 million rubles, the deadline for submitting applications increases and must be at least 15 calendar days.
Time is calculated in the same way. Both for "short" and for "long" auctions, the upper limit of the deadline for receiving applications is not limited. That is, the law provides for a minimum period of time, and the customer has the right to set much longer intervals, at his discretion. How to manage to submit an application Many contractors/suppliers/performers are wondering whether it is necessary to immediately register on all electronic sites, or can this be done after an attractive auction appears on one of them.

According to 44 ap extend the application deadline

A notice of an electronic auction is posted by the customer in a unified information system. ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 2 of Article 63. See text in a future edition. 2. If the initial (maximum) price of the contract (price of the lot) does not exceed three million rubles, the customer places a notice of an electronic auction in the unified information system at least seven days before the deadline for filing applications for participation in such an auction .

ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 3 of Article 63. See text in a future edition. 3.

of this Federal Law, for compliance with the requirements established by the documentation of such an auction in relation to the purchased goods, works, services.

2. The term for consideration of the first parts of applications for participation in an electronic auction may not exceed three business days from the date of the deadline for filing these applications, except for the case provided for by Part 2 of Article 63 of this Federal Law, in which such a period cannot exceed one business day from the closing date for the submission of said applications.

3. Based on the results of consideration of the first parts of applications for participation in an electronic auction containing the information provided for by Part 3 of Article 66 of this Federal Law, the auction commission decides on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and recognize this of a procurement participant by a participant in such an auction or on refusal of admission to participation in such an auction in the manner and on the grounds provided for by Part 4 of this Article.

4. A participant in an electronic auction is not allowed to participate in it if:

1) failure to provide the information provided for by Part 3 of Article 66 of this Federal Law, or the provision of false information;

2) non-compliance of the information provided for by Part 3 of Article 66 of this Federal Law with the requirements of the documentation for such an auction.

5. Denial of admission to participation in an electronic auction on grounds not provided for by part 4 of this article is not allowed.

6. Based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission draws up a protocol for consideration of applications for participation in such an auction, signed by all its members present at the meeting of the auction commission no later than the deadline for consideration of these applications. The specified protocol must contain information:

1) on the identification numbers of applications for participation in such an auction;

(see text in previous edition)

2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate identification number, to participate in such an auction and the recognition of this procurement participant as a participant in such an auction or on refusal to admit to participation in such an auction with the rationale for this decision, in including an indication of the provisions of the documentation for such an auction that the application for participation in it does not comply with, the provisions of the application for participation in such an auction that do not comply with the requirements established by the documentation for it;

(see text in previous edition)

3) on the decision of each member of the auction commission in relation to each participant in such an auction on admission to participation in it and on its recognition as a participant or on refusal to admit to participation in such an auction;

4) on the presence among the proposals of procurement participants recognized as participants in an electronic auction, proposals for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons, if the conditions, prohibitions, restrictions on the admission of goods , works, services are established by the customer in the electronic auction documentation in accordance with Article 14 of this Federal Law.

7. The protocol specified in part 6 of this article shall be sent by the customer to the operator of the electronic site no later than the deadline for consideration of applications for participation in an electronic auction and posted in the unified information system.

8. If, based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction shall be declared invalid. Information on the recognition of such an auction as invalid shall be entered into the minutes specified in Part 6 of this Article.

9. Within one hour from the moment the operator of the electronic site receives the protocol specified in Part 6 of this Article, the operator of the electronic site is obliged to send a notice on the decision made in relation to the applications submitted by them, information on the presence among the proposals of the procurement participants recognized as participants in the electronic auction, proposals for the supply of goods of Russian origin in the event that the documentation for the electronic auction establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, rendered by foreign persons, in accordance with Article 14 of this Federal Law. If the auction commission has made a decision to refuse admission to participation in such an auction of its participant, the notice of this decision must contain the rationale for its adoption, including an indication of the provisions of the documentation for such an auction that this application does not comply with, the proposals contained in this application that do not comply with the requirements of the documentation for such an auction, as well as the provisions of federal laws and other regulatory legal acts of the Russian Federation, the violation of which served as the basis for making this decision to refuse.

(see text in previous edition)

10. The procurement participant, the first part of the application for participation in the electronic auction, in accordance with Part 3.1 of Article 66 of this Federal Law, contains consent to perform work on the terms stipulated by the documentation for the electronic auction, and whose application has not been returned by the operator of the electronic site in accordance with Part 11 Article 66 of this Federal Law is considered to be admitted to participation in the electronic auction. Registration of the protocol provided for by part 6 of this article is not required.

The customer does not agree with the presence of violations when changing the notice and (or) procurement documentation

The participant wants to challenge the change in the notice and (or) procurement documentation

1. In the event of an electronic auction, the customer places the documentation on such an auction in the unified information system within the time limits specified in Parts 2 and 3 of Article 63 of this Federal Law, simultaneously with the placement of a notice of such an auction.

2. Documentation of the electronic auction must be available for review without charging a fee.

3. Any participant in an electronic auction registered in the unified information system and accredited on an electronic site has the right to send, using the software and hardware of the electronic site, to the address of the electronic site where such an auction is planned to be held, a request for clarification of the provisions of the documentation for such an auction. At the same time, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the moment of receipt of the specified request, it is sent by the operator of the electronic site to the customer.

(see text in previous edition)

4. Within two days from the date of receipt from the operator of the electronic site of the request specified in part 3 of this article, the customer places in the unified information system clarifications of the provisions of the documentation on the electronic auction indicating the subject of the request, but without indicating the participant in such an auction from which the specified request was received, provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in such an auction.

5. Explanations of the provisions of the documentation on the electronic auction should not change its essence.

6. The customer, on his own initiative or in accordance with the request received 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. Changing the object of procurement and increasing the amount of security for these applications are not allowed. Within one day from the date of adoption of the said decision, the changes made to the documentation of such an auction shall be posted by the customer in the unified information system. At the same time, the deadline for filing bids for participation in such an auction must be extended so that from the date of placement of changes until the deadline for filing bids for participation in such an auction, this period is not less than fifteen days or, in cases provided for

D.F. Ayatskov

Scientific Supervisor of the Interregional Institute of Additional Education, Acting State Counselor of the Russian Federation 2nd class, Doctor of Historical Sciences, Professor

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