Is it possible to reduce the terms of the auction stated in the documentation?

Brief instructions for conducting an electronic competition

Here is a brief step-by-step instruction for an open competition in electronic form under 44 Federal Laws:

1. Prepare and publish the notice and other procurement documentation.
2. Collect suggestions from participants.
3. Process them and select participants.
4. Consider the first parts of the sentences.
5. Consider the second parts of the sentences.
6. Summarize and publish the protocol.
7. Explain the results of the purchase.

Let us consider in detail the step-by-step instructions for the customer for an electronic competition under 44 Federal Laws.

Is it possible to reduce the terms of the auction stated in the documentation?

author of the answer,

Question

The customer places a notice of the auction in the unified information system at least 20 (twenty) days before the deadline for filing applications for participation in the auction.

Simultaneously with the notification of the auction, the customer places in the unified information system documentation about the auction, including information on the amount of reduction in the initial (maximum) contract price (hereinafter referred to as the auction step), which can be set in the range from one-half percent to five percent initial (maximum) contract price (lot price).

Can we shorten the 20 days and play faster?

The purchase is carried out within the framework of Federal Law No. 223-FZ.

Answer

No, you cannot shorten the time limit and play faster.

The provisions of Law No. 223-FZ regarding the establishment of deadlines are imperative; they oblige customers to post information on the official website within the deadlines established by law and do not provide for the customer’s right to reduce them.

Rationale

Federal Law No. 223-FZ establishes the following requirements for the timing of posting information in the UIS:

1) changes made to the procurement regulations are subject to mandatory placement in the Unified Information System no later than within 15 days from the date of approval (Part 1, Article 4);

2) notice of a competition or auction is posted no less than 20 days before the closing date for filing applications for participation in the competition or auction (Part 2, Article 3);

3) if, when concluding and executing a contract, the volume, price of purchased goods, works, services or terms of execution of the contract change compared to those specified in the protocol drawn up based on the results of the procurement, no later than within 10 days from the date of amendments to the contract, it is posted in the Unified Information System information about changes to the contract indicating the changed conditions (Part 5, Article 4);

4) changes made to the procurement notice, procurement documentation, clarifications of the provisions of such documentation are posted by the customer in the Unified Information System no later than three days from the date of the decision to make these amendments and submit the said clarifications. If the procurement is carried out through tendering and changes to the procurement notice, procurement documentation are entered by the customer later than 15 days before the deadline for submitting applications for participation in the procurement, the deadline for submitting applications for participation in the procurement must be extended so that from the date of placement in The UIS of amendments made before the deadline for submitting applications for participation in the procurement was at least 15 days (Part 11, Article 4);

5) protocols drawn up during the procurement are posted on the website no later than three days from the date of their signing (Part 12, Article 4);

6) no later than the 10th day of the month following the reporting month, it is necessary to post information on the number and total cost of contracts concluded based on the results (Part 19, Article 4):

• procurement of goods, works, services;
• purchases from a single supplier (performer, contractor);
• procurement, information about which constitutes a state secret or in respect of which the Government of the Russian Federation has made decisions in accordance with Part 16 of Art. 4;
• procurement from small and medium-sized businesses. Starting from 01/01/2016, this information must also include information on the quantity and total cost of contracts providing for the purchase by specific customers, determined by the Government of the Russian Federation, of innovative, high-tech products from these entities in the annual volume established in accordance with clause 1 of Part 1. 8.2 Art. 3.

In addition, we note that according to the requirements of paragraphs 2, 3 of Art. 4 of Federal Law No. 223-FZ, institutions place in the Unified Information System a plan for the procurement of goods, works, and services for a period of at least one year.

Thus, the provisions of the designated Law No. 223-FZ are imperative, oblige customers to post information on the official website within the established time frame and do not provide for the Customer’s right to reduce them.

Article 7.32.3 of the Code of the Russian Federation on Administrative Offenses provides for administrative liability for violations of the legislation on the procurement of goods (works, services) by certain types of legal entities.

According to Part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, violation of the deadlines for posting in the Unified Information System information on the procurement of goods, works, services, the placement of which is provided for by Federal Law No. 223-FZ, with the exception of the cases specified in Part 6 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, entails the imposition on officials of an administrative fine in the amount of 2,000 to 5,000 rubles, and on legal entities - from 10,000 to 30,000 rubles.

In addition, violation of the deadlines established by Federal Law No. 223-FZ for posting in the Unified Information System changes made to legal acts regulating the rules for procurement of goods, works, services by the customer entails the imposition of an administrative fine on officials in the amount of 5,000 to 10,000 rubles. and for legal entities - from 10,000 to 30,000 rubles. (Part 6 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

Recognition of an open competition as invalid

An open competition may be declared invalid for a number of reasons. Depending on the basis for recognizing the purchase as invalid, the procedure for the customer will be determined:

1. If, after the deadline for accepting applications, only one application for participation in the competition has been submitted or none has been submitted, then the competition is considered invalid under Part 13 of Art. 51 44-FZ . If there is one application that meets the requirements, the customer can sign a contract with a single supplier, guided by clause 25, part 1, art. 93 44-FZ. When there were no applications, the customer should make changes to the schedule and re-tender.
2. If, based on the results of the competition, the commission rejected all applications for participation or recognized only one of them as meeting the requirements, the competition is declared invalid under Part 6 of Art. 53 44-FZ . The procedure for the customer will be similar: he should sign a contract with a single supplier or initiate a repeat tender.
3. If the winner of the procurement avoided signing the contract, and the second participant did not provide security in due time or refused to sign the contract, the tender is declared invalid under Part 6 of Art. 54 44-FZ . In this case, the customer initiates a re-purchase.

Information about the repeated competition is published in the Unified Information System in a short time: no later than 10 days before the opening of participation envelopes.

If the re-purchase does not take place, then the customer has the right to purchase the necessary goods, works and services through a request for proposals.

Documents prepared by the supplier

To take part in an open competition, the participant must prepare and submit his application for participation in the competition in the form of a sealed envelope, which does not allow the customer to see the contents of the application. The second option for submitting an application is its electronic version.

A participant in the competition can submit only one application for participation in the competition. If the customer discovers that two or more applications have been transferred from one participant, then both of them are not subject to evaluation. They will be returned to the participant.

When filling out an application for participation, you should follow the instructions contained in the competition documentation.

The application for participation includes information about the participant who sent the application along with a list of documents. The application must indicate the name, location and postal address of the company, INN of the founders or full name of the individual, place of residence, contacts and passport details.

The application for participation in the competition is accompanied by:

1. Extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs , received 6 months before placement.
2. Documents that confirm the authority of a person.
3. Documents confirming the participant's compliance with the requirements.
4. Copies of constituent documentation (charter).
5. Decision to approve a major transaction.
6. Documents confirming the right to benefits of participants.
7. Documents confirming the participant’s compliance with prohibitions and restrictions.
8. Declaration of participant affiliation with SMP and SONKO.
9. Compliance of goods and services with legal requirements (if such documents are not transferred along with the delivered goods).
10. Documents confirming the good faith of the participant in the framework of anti-dumping measures (if the contract price is reduced by 25% or more).
11. Documents confirming application security.
12. Documents confirming the participant’s qualifications.
13. Sketch, drawing, drawing, photographs , etc.

Decree of the Government of the Russian Federation of November 5, 2021 No. 1401 approved standard forms of applications for participation in procurement, including in open competition. You can view application forms for participation here.

The application contains a list of the attached documents.

Procedure on the part of the customer

The procedure for holding an open competition on the part of the customer involves going through the following stages:

Stage 1. Preliminary preparation for the open tender procedure.

At this stage, the customer makes a decision on the feasibility of the purchase and the form of its implementation.

The customer needs to form a competition commission, establish its responsibilities and operating procedures. He also has the right to involve a specialized organization if necessary, as well as assign its area of ​​responsibility.

Tender documentation is posted no later than 20 days before the deadline for submitting applications.

Stage 2. Preparation of documentation for procurement.

In order to conduct a procurement in the form of an open tender, the customer needs to develop and approve tender documentation in accordance with Part 3 of Art. 48 44-FZ. For these purposes, the customer has the right to engage a specialized organization or develop and approve such documentation independently. Standard documentation is mandatory for further use by the customer during procurement under Part 4 of Art. 48 44-FZ. The customer determines the requirements for the content of the tender documentation independently, except in cases where they are developed and approved by the Government.

Stage 3. Publication of the procurement notice in the Unified Information System.

Procurement in the form of an open competition has no restrictions for participants, so it is published for public consumption.

The notice of the competition must be posted in the Unified Information System no later than 20 days before the date of opening the envelopes or opening access to applications by the ETP operator (under Part 1 of Article 49 of the 44-FZ).

In addition to the Unified Information System, the customer may use other sources to publish procurement information, but this is not mandatory.

Stage 4. Reception and registration of applications for participation.

Participants have the right to submit applications for participation in the form of envelopes or electronic documents. The rules for submitting applications for participation are contained in the competition documentation, in accordance with Part 2 of Art. 51 44-FZ.

Reception and registration of applications for participation by the customer is carried out according to certain regulations: the customer needs to register the received application in the registration log under Part 6 of Art. 51 44-FZ. He is obliged to ensure the safety of applications, their inviolability and the secrecy of the information provided under Part 11 of Art. 51 44-FZ.

Stage 5. Opening of envelopes with applications for participation in the competition.

After the deadline for accepting applications has expired, envelopes with applications are publicly opened. If the procurement is carried out electronically, the operator provides the customer with access to received electronic applications.

Based on the results of this stage, the competition may be declared invalid if only one application was submitted for participation in the procurement, or if none were received.

The procedure for opening envelopes with applications for participation is drawn up in the form of a protocol. This protocol is signed by all members of the competition commission immediately after opening the envelopes. The protocol is posted in the Unified Information System no later than the next business day.

Stage 6. Review of applications for participation and their evaluation.

This stage can last up to 20 days after opening the envelopes. If the procurement is carried out in the field of science, culture and art, then the deadline for consideration of applications can be extended by no more than 10 days. The customer should send notice of the extension to all tender participants.

The purpose of evaluating applications is to identify the best proposals from the competition participants. During the assessment, received applications for participation are analyzed according to cost and non-cost criteria.

The group of cost criteria includes the price of the contract, the terms of its execution, the costs of operation and repair, the cost of the life cycle, and the proposal for the amount of the customer’s expenses.

Non-cost criteria include the characteristics of the procurement object (for example, its environmental properties), personnel qualifications, experience of the participant, its availability of labor resources, business reputation, etc.

The competition applies at least two criteria, one of which is price. The sum of the values ​​of the evaluation criteria is 100%.

The rules for evaluating applications for participation in procurement were approved by Government Decree No. 1085 of 2013. According to them, in the documentation the customer must provide evaluation criteria and the significance of the criteria for evaluation. For each criterion, the participant is assigned a certain number of points. The participant who gets the highest score will win the purchase.

The results of consideration of applications for participation in the competition must be recorded (based on Part 4 of Article 53 of the 44-FZ). The winner is the participant who proposed the most optimal conditions for the execution of the contract according to a group of criteria contained in the tender documentation. It is assigned the first number (according to Part 8 of Article 53 44-FZ).

The results of the consideration and evaluation of applications for participation must be recorded in the protocol for the consideration and evaluation of applications. The application review protocol should be prepared in two copies. The customer keeps one of them, the other is sent to the winner of the competition within 3 working days. The protocol for the consideration and evaluation of applications must be placed in the Unified Information System no later than the business day following the date of signing the protocol (based on Part 12 of Article 53 of 44-FZ).

Stage 7. Signing a contract with the winner of the purchase.

Along with the protocol for considering applications, a draft contract is sent to the winner. The draft contract is prepared by the customer and includes the proposal of the winner of the competition on the terms of its implementation. The draft government contract must fully comply with the one that was published in the tender documentation (based on Part 1 of Article 54 of the 44-FZ).