Fas Russia. How is the consideration of the first parts of applications for participation in the electronic public procurement auction? Article 67 44 fz comments

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.

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

3. The first part of the application for participation in an electronic auction must contain:

1) consent of an electronic auction participant for the supply of goods, performance of work or provision of services on the terms stipulated 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) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:

a) the name of the country of origin of the goods (in the event that the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation of an electronic auction, in accordance with Article 14 of this Federal Law);

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 shall be 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.

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.

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 a collegial executive body, a person acting as the sole executive body of a participant in such an auction auction;

2) documents confirming the compliance of a participant in such an auction with the requirements established by clause 1 of part 1, parts 2 and 2.1 of article 31 (if such requirements exist) 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 clauses 3 - 9 of Part 1 of Article 31 of this Federal Law (the said declaration is provided using the software and hardware of the electronic site);

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;

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) 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 Articles 28 and 29 of this Federal Law (in the event that an electronic auction participant has declared that he has received these benefits), or copies of such documents;

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 for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided foreign persons;

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).

8. An application for participation in an electronic auction 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 the parts of the application provided for by parts 3 and 5 of this article. These electronic documents are submitted simultaneously.

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.

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

1) filing this application in violation of the requirements provided for by Part 6 of Article 24.1 of this Federal Law;

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;

4) receipt of this application from a participant in such an auction in violation of the provisions of Part 9 of Article 24.2 of this Federal Law;

5) the presence in the register of unscrupulous suppliers (contractors, executors) provided for by this Federal Law of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, subject to the establishment by the customer of the requirement provided for by Part 1.1 of Article 31 of this Federal Law.

12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 20 of Article 44 of this Federal Law, Part 11 of this Article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction who submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

15. The operator of an electronic site is obliged to ensure the confidentiality of information about the participants in an electronic auction that submitted applications for participation in such an auction, and the information contained in the first and second parts of this application and provided for in parts 3-5 of this article, until the protocol of such an auction is posted on the electronic site. auction. For violation of this requirement, the operator of the electronic site shall be liable in accordance with the legislation of the Russian Federation.

16. If at the end of the deadline for filing applications for participation in an electronic auction, only one application has been submitted or no application has been submitted, such an auction shall be recognized as failed.

kodeks.systecs.ru

Article 67 of the Federal Law of April 5, 2013 No. 44-FZ

ON THE CONTRACT SYSTEM IN THE SPHERE OF PROCUREMENT OF GOODS, WORKS, SERVICES
TO PROVIDE STATE AND MUNICIPAL NEEDS

Article 67. Procedure for consideration of the first parts of applications for participation in an electronic auction

1. The auction commission checks 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, for compliance with the requirements established by the documentation for 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 seven days from the date of the deadline for submission of these 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 shall decide 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 serial numbers of applications for participation in such an auction;

2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial 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;

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.

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 a single 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 about the decision taken in relation to the applications submitted by them. If the auction commission has made a decision to refuse admission to participation in such an auction of its participant, the notification 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.

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Article 66 of the Federal Law of April 5, 2013 No. 44-FZ

Federal Law No. 44-FZ dated April 5, 2013

(as amended by Federal Laws No. 188-FZ dated July 2, 2013,
No. 396-FZ of 28.12.2013, No. 140-FZ of 04.06.2014, No. 224-FZ of 21.07.2014, No. 356-FZ of 24.11.2014,
dated 01.12.2014 No. 416-FZ, dated 29.12.2014 No. 458-FZ, dated 31.12.2014 No. 498-FZ, dated 31.12.2014 No. 519-FZ,
dated 08.03.2015 No. 23-FZ, dated 08.03.2015 No. 48-FZ, dated 06.04.2015 No. 82-FZB, dated 06.29.2015 No. 188-FZ,
dated 29.06.2015 No. 210-FZ, dated 13.07.2015 No. 216-FZ, dated 13.07.2015 No. 220-FZ, dated 13.07.2015 No. 226-FZ,
No. 227-FZ dated July 13, 2015, No. 249-FZ dated July 13, 2015, No. 390-FZ dated December 29, 2015, No. 469-FZ dated December 30, 2015,
dated 09.03.2016 No. 66-FZ, dated 05.04.2016 No. 96-FZ, dated 05.04.2016 No. 104-FZ, dated 02.06.2016 No. 167-FZ,
dated 23.06.2016 No. 203-FZ, dated 23.06.2016 No. 221-FZ, dated 03.07.2016 No. 266-FZ, dated 03.07.2016 No. 314-FZ,
dated 03.07.2016 No. 320-FZ, dated 03.07.2016 No. 321-FZ, dated 03.07.2016 No. 365-FZ, dated 28.12.2016 No. 474-FZ,
dated December 28, 2016 No. 489-FZ, dated December 28, 2016 No. 500-FZ, dated February 22, 2017 No. 17-FZ, dated March 28, 2017 No. 36-FZ,
No. 45-FZ dated March 28, 2017, No. 83-FZ dated May 1, 2017, No. 106-FZ dated June 7, 2017, No. 108-FZ dated June 7, 2017,
No. 198-FZ dated July 26, 2017, No. 211-FZ dated July 26, 2017, No. 231-FZ dated July 29, 2017, No. 475-FZ dated December 29, 2017,
dated December 31, 2017 No. 503-FZ, dated December 31, 2017 No. 504-FZ, dated December 31, 2017 No. 506-FZ, dated April 23, 2018 No. 108-FZ)

Article 66. Procedure for filing applications for participation in an electronic auction

1. Submission of applications for participation in an electronic auction is carried out only by persons who have received accreditation on an electronic site.

3. The first part of the application for participation in an electronic auction must contain the information specified in one of the following subparagraphs:

1) when concluding a contract for the supply of goods:

a) the consent of a participant in such an auction to supply goods if this participant offers goods for delivery, in respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation) (if any), a service mark (if any), brand name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods, and (or) such participant offers for delivery a product that is equivalent to the product specified in this documentation, specific indicators of the goods corresponding to the equivalence values established by this documentation;

b) specific indicators corresponding to the values established by the documentation of such an auction, and an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

2) the consent of a participant in such an auction to perform work or provide a service on the terms provided for by the documentation of such an auction, when such an auction is held for the performance of work or the provision of a service;

3) when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the goods are used:

a) the consent provided for in paragraph 2 of this part, including consent to the use of goods in respect of which the documentation of such an auction contains an indication of a trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), the name of the country of origin of the goods, or the consent provided for in paragraph 2 of this part, an indication of the trademark (its verbal designation) (if available), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods and, if the participant of such an auction offers for use product that is equivalent to the product specified in this documentation, specific indicators of the product corresponding to the equivalence values established by this oh documentation, provided it contains an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial samples (if any), the name of the country of origin of the goods, as well as the requirement to indicate in the application for participation in such an auction for the trademark (its verbal designation) (if any), service mark (if any), company name (if any) , patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

b) the consent provided for in paragraph 2 of this part, as well as specific indicators of the goods used, corresponding to the values established by the documentation for such an auction, and an indication of the trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of the goods.

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, postal address (for a legal entity), last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact phone number, taxpayer identification number (if any) the founders 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), the taxpayer identification number of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of a participant in such an auction;

2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of Part 1 and Part 2 of Article 31 (if such requirements exist) 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 Part 1 Article 31 of this Federal Law;

5) documents confirming the right of a participant in such an auction to receive an advantage in accordance with Articles 28 and 29 of this Federal Law, or copies of these documents;

6) documents confirming the compliance of the participant in such an auction and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents.

6. It is not allowed to demand from the participant of the electronic auction to provide other documents and information, except for the documents and information provided for in parts 3 and 5 of this article.

6.1. In the event that the information contained in the documents submitted by the participant of the electronic auction in accordance with parts 3 and 5 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.

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.

9. Within one hour from the receipt of an application for participation in an electronic auction, the operator of an electronic site is obliged to assign a serial 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 serial number assigned to it.

10. A participant in an electronic auction has the right to submit only one application for participation in such an auction in relation to each object of procurement.

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:

1) filing this application in violation of the requirements provided for by Part 2 of Article 60 of this Federal Law;

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 of Part 14 of Article 61 of this Federal Law;

5) the absence on the personal account opened for carrying out operations to ensure participation in such an auction of the procurement participant who submitted an application for participation in such an auction, of funds in the amount of the security of this application, in respect of which blocking has not been carried out in accordance with this Federal Law.

12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 11 of this article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction who submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

13. Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends to the customer the first part of the application for participation in such an auction as provided for by Part 3 of this Article.

14. A participant in an electronic auction that has submitted an application for participation in such an auction has the right to withdraw this application no later than the deadline for submitting applications for participation in such an auction by sending a notification to the operator of the electronic site.

Article 66 of Law No. 44-FZ: how to apply in practice

We will tell you how to put into practice Article 66 of Law 44-FZ on the contract system.

To begin with, we recall that the rules for filing applications for participation in an electronic auction are described in Article 66 of the Law on the contract system. Such an application includes two parts: in the first part, the participant gives information about the subject of the procurement, in the second part, he tells about himself and attaches the necessary documents. The customer sees the first part on the day of consideration of applications, then he will be able to familiarize himself with the documents from the second part of applications. Such a mechanism prevents the possibility of collusion or agreements between the supplier and the customer and makes the procurement procedure as unbiased as possible.

The first part of the application: information about the product is required, sketch, photo - optional

Sample first parts of auction bids

In the first part of the application, if we are talking about an auction for the supply of goods, it is necessary to prescribe a number of points (part 3 of article 66 of law No. 44-FZ).

Firstly, the participant must give his consent to fulfill the terms of the contract - to supply the goods, the description of which is given in the procurement documentation (trademark, patents, country of origin, model, etc.) or goods similar in characteristics.

Secondly, it is necessary to indicate all the characteristics of the proposed product that meet the requirements of the customer (trademark and service mark, name, patents, models, samples, if any). Another important information is the country of origin of the goods, which is confirmed by a declaration or certificate of origin. All these indicators are registered in the so-called Form 2.

If the subject of the procurement is the performance of work or the provision of services for which a certain product is required, then in the first part of the application, the auction participant must also give his consent to the performance of work or the provision of a service, as well as consent to the use of this specific product and on the conditions that require customer. And here it is also necessary to register the features of the product (name, trademark, etc.). If the procurement participant proposes to use a similar product for work, all its characteristics must be indicated.

In the first part of the application for participation in the auction in electronic form, the supplier may add a drawing, sketch, photograph, drawing or any other image of the product.

We emphasize that the first part of the application is submitted anonymously. In no case should you indicate information about the supplier company itself.

The second part of the application: tells everything about the potential supplier

Sample of the second parts of the auction bids

In the second part of the application for participation in an electronic auction, the participant must provide full information to himself and documents (part 5 of article 66 of 44-FZ).

First, you must specify the name of the company (for legal entities) or full name. (for individuals), address, contacts, TIN, attach an extract from the USRN.

Second, attach documents or copies of documents confirming that the company or individual meets the requirements for the procurement participant. As well as documents on the compliance of the goods (works, services) with the requirements established by the customer.

If in a particular case the law requires a decision to approve or complete a major transaction, this document must also be attached. If the procurement participant has some advantages in the bidding (for example, is an organization for the disabled or an institution of the penitentiary system, represents the SMP or SONCO), then he needs to attach documents confirming the status of the organization in the second part of the application.

The list of documents required from the electronic participant in the second part of the application is prescribed in Part 5 of Art. 66 of Federal Law No. 44-FZ and is exhaustive. The law prohibits requiring any additional documents from the participant. Ready-made forms, according to which participants can submit information that they meet the requirements of the customer, can be downloaded from the link. And the customer will need a list of resources by which information about the participant can be checked.

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The practice of applying article 66 of federal law 44-FZ

Despite the rather detailed presentation, the application of Art. 66 44-FZ in practice raises many questions. Moreover, both when filling out the first part of the application, and the second

An incorrectly completed first part of the application often becomes the reason for its rejection. Often inaccuracies are associated with an incomplete or incorrect description of the characteristics of the goods that are offered for delivery. In order to avoid difficulties, it is important when drawing up the first part of the application to focus not only on the provisions of the federal law, but also on the conditions of the auction itself. Before filling out the application and submitting it, it is recommended to carefully study the procurement documentation and terms of reference.

Sometimes in the documentation there are requirements that are incomprehensible to the customer. An example that has become a textbook is that the law requires the name of the country of origin of the goods to be written in the first part of the application. However, the very concept of "country of origin of goods" is not interpreted. To avoid ambiguity, the Ministry of Economic Development in its letter No. D28I-1889 dated April 30, 2014 already recommended using the definition of this concept from the Customs Code of the Russian Federation - the country of origin of the goods is the state or several states on the territory of which (which) the goods were produced entirely or finalized.

For some of these requirements, as in this example, there are already recommendations from the Ministry of Economic Development or FAS decisions that will help to avoid mistakes.

Reasons for rejection of the first parts of applications

There are only two reasons why the customer can reject the first parts of applications, and they are spelled out in Part 4 of Article 67 of Federal Law No. 44-FZ:

the participant of the electronic auction did not provide information, which is provided for by Part 3 of Art. 66, or provide false information;
the procurement participant provided data that does not meet the requirements of the documentation.

Denial of admission to participation in the electronic auction for any other reason is not allowed. For example: the customer can reject the application if the clause of its first part does not contain a participant’s agreement for the supply of goods (performance of work, provision of services) in accordance with the requirements prescribed by the customer, which is required exactly by Part 3 No. 66 of Law No. 44-FZ.

Another possible reason for the rejection of the first part of the application is if the specific characteristics of the goods do not match those specified in the tender documentation. That is, when a participant made mistakes when filling out Form 2. The reason for this is often banal inattention.

So, when making the first parts in accordance with Article 66 (Part 3) of applications, it is necessary to specifically prescribe all the characteristics of the goods. So, if the customer prescribes a requirement for a product with a value of “at least” (for example, doors with a thickness of at least 10 millimeters), the procurement participant must indicate the exact value in his application (doors with a thickness of 7.3 millimeters).

If the customer indicated in the requirements “country of origin - Russia”, and the participant offered goods made in China for delivery, such an application will also be rejected.

Reasons for rejection of the second parts of applications

To begin with, let's designate a situation where the customer does not know how to reject the second part of the application: if the participant did not provide documents (even if the customer required them), not provided for by law. In part 5 of Art. 66 of Law No. 44-FZ contains the entire list of documents from the participant, and the customer does not have the right to demand any papers in excess of it.

On the other hand, the customer may reject the second part of the application if the procurement participant has not provided any of the documents required by law or if the data indicated by the participant are unreliable. Another possible reason is the non-compliance of the bidder with the requirements of federal legislation in the field of public procurement.

What should be included in the protocol? Guide to Procurement Disputes: — Is it legal to refuse admission to a tender (refuse to conclude a contract) if the manufacturer (distributor) confirms the unreliability of the information about the product specified in the application? — Is it right to refuse admission to participate in the auction due to the fact that the application contains non-specific characteristics (including in the form of a range) of the goods? 1. The auction commission checks 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, for compliance with the requirements established by the documentation for such an auction in relation to the purchased goods, works, services. ConsultantPlus: note. From July 1, 2018, Federal Law No. 504-FZ of December 31, 2017 amends Part 2 of Article 67. See text in a future edition. 2.

Article 67 of the federal law of 04/05/2013 No. 44-fz

The period for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the date of the deadline for filing these applications.
3.

Attention

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 procurement participant 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 paragraph 4 of this article.

An error occurred.

Important

The specified protocol must contain information: 1) on the serial numbers of applications for participation in such an auction; 2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial 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; 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.

Article 67 of Federal Law No. 44-FZ

Features of planning and implementation of purchases in the territory of a foreign state to ensure the activities of customers operating in the territory of a foreign state Article 111.2.
Features of the execution of the contract for the provision of services for the provision of a loan Chapter 8.
FINAL PROVISIONS Article 112. Final provisions Article 113.
Recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation Article 114.
The procedure for the entry into force of this Federal Law 1.
The auction commission checks 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, for compliance with the requirements established by the documentation for such an auction in relation to the purchased goods, works, services.
2.

Article 67 44 fz

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 the 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 auction by its participant, such an auction shall be deemed 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.
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 a single information system. eight. 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 recognized as 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.

Article 67 law on the contract system

The principle of stimulating innovation Article 11. The principle of the unity of the contract system in the field of procurement Article 12.

Info

The principle of responsibility for the effectiveness of meeting state and municipal needs, the efficiency of procurement Article 13.

Purposes of Procurement Article 14. Application of National Treatment in Procurement Article 15.

Features of purchases carried out by budgetary, autonomous institutions, state, municipal unitary enterprises and other legal entities Chapter 2. PLANNING Article 16. Procurement planning Article 17. Procurement plans Article 18. Justification of procurement Article 19.

Rationing in the field of procurement Article 20. Mandatory public discussion of procurement Article 21.

Schedules Article 22. Initial (maximum) contract price, price of a contract concluded with a single supplier (contractor, performer)

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 the application for participation in such an auction to participation in it and the recognition of this procurement participant as 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 paragraph 4 of this article.

4. A participant in an electronic auction is not allowed to participate in it in the event of: 1) failure to provide the information provided for by Part 3 of Article 66 of this Federal Law, or providing 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 on such an auction. 5.

The application was rejected in the electronic auction on the following grounds: clause 1, part 4, art. 67 - failure to provide information under Part 3 of Art. 66 44-FZ, or the provision / establishment of false information provided for in Part 3 of Art. 66 44-FZ.

It makes sense to file a complaint with the FAS.

Lawyers Answers (2)

Maxim Sergeevich, greetings!

The possibility of filing a complaint is connected with the presence of any grounds for the application of Part 3 of Art. 66 of the law 44-FZ. In itself, the basis is correct: clause 1, part 4, art. 67 of the law 44-FZ.

The application review protocol should specifically state what is wrong. If it is not specified, or if it is specified, but you do not agree with it - yes, you can file a complaint with the OFAS.

Clarification of the client

Based on h.h. 7, 9, article 67, part 13, article 68 of 44-FZ, the protocol for considering applications is not available on the electronic platform until the results of the auction are summed up

Apparently you are not looking at the protocol there. The customer is obliged to attach the protocol and this protocol is open and publicly available. Yes, it does not contain information about the participants, but only their anonymous serial numbers, but other information, namely

1) on the serial numbers of applications for participation in such an auction;
2) on the admission of the procurement participant who submitted an application for participation in such an auction, which was assigned the appropriate serial 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 on such an auction, which the application for participation in it does not comply with, the provisions of the application for participation in such an auction, which do not comply with the requirements established by the documentation on it;

This protocol must contain If there is no specifics, file a complaint with the FAS.

Looking for an answer?
It's easier to ask a lawyer!

Which subparagraph of clause 3, part 3 of article 66 44-FZ should be used for the 1st part of the application?

I am preparing documentation for the auction (44-FZ) for the current repair of premises inside the building using materials. I can’t figure it out on my own, which subparagraph of clause 3 of part 3 of article 66 should be used for the 1st part of the application - a or b?

good day! it all depends on whether there are trademarks in the description of the materials and whether there are any materials in the terms of reference or not. I can check the documentation and tell you exactly what needs to be written and whether everything is compiled correctly.

Vadim, thank you for your reply!

As it turned out, this is another collision of 44-fz. In my case, both items are indicated, because there are both quantitative indicators and indications of brand names (and the like). and I want to provide the equivalent of materials for the work.

PS: As far as I understand, checking auk.docs requires a reward. sum?

Good day!

In accordance with paragraph 1 of part 1 of article 33 of the Law on the contract system, the description of the object of procurement should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, as well as requirements for goods, information, works, services, provided that such requirements entail a limitation on the number of participants in the procurement, unless there is no other way that provides a more accurate and clear description of the characteristics of the procurement object. The procurement documentation may contain an indication of trademarks if, in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not the subject of the contract. At the same time, a prerequisite is the inclusion of the words “or equivalent” in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and consumables to cars.

Sincerely, M.V. Bastov

Ask our lawyers a question - it's much faster than looking for a solution.

What documents are provided in accordance with clause 3, part 5, article 66 of FZ-44?

Be so kind as to tell me, for the first time I encountered the ETP MICEX platform. Everything is distributed there for filing an application for participation under Article 44 of the Federal Law.

The second day I read and I can’t understand: ETP MICEX

Copies of documents confirming the compliance of the goods, work or service with the requirements in accordance with clause 3 of part 5 of Article 66 of Federal Law No. 44-FZ

I'm talking about school renovations. I can't figure out what it's about and I can't find it online.

there are all declarations that we are not being liquidated, about what corresponds, there is a mat. and fin. resources, and so on, an extract from the Unified State Register of Legal Entities, constituent docks, I still always apply the SRO and the Ministry of Emergencies. only at Rosseltorg everything is easier and at Sberbank too. and here this point is straight to a standstill. maybe put the license in there?

Answer please. I have delivery until 09:00 am.

good night. write the number of the notice, I will tell you what needs to be submitted

Have a question for a lawyer?

if we are talking about repairs, then it is not clear why these documents are required of you. if you apply urgently, then these are documents that are required from you in accordance with paragraph 2 of part 5 of Article 66. The requirements that are indicated in the article you noted relate, as you understand, directly to the product, work, service. this is, for example, a certificate of state registration for a medicinal product, a copy of the certificate of conformity of the goods, etc.

Good day! I understand that this particular issue is no longer relevant, but an explanation for the future: this section on the MICEX is part of the interface of the site, this does not mean that these documents are required for this auction, this section for attaching documents when submitting an application is constantly available, for filing application, it is enough to fill in the mandatory sections, which are marked with a red “*”, the situation is approximately the same with the order of the RF site, even if the auction, for example, for the supply of food, there is a section for attaching documents confirming the commissioning of the capital construction object.

Article 66 44 of the Federal Law "Procedure for filing applications for participation in an electronic auction"

in paragraph 3 of Article 66 of the Federal Law 44, changes were made:

instead - the name of the place of origin of the goods or the name of the manufacturer of the goods

now - the name of the country of origin of the goods,

which gave grounds to the OFAS for VAT to oblige the customer to accept the application without indicating any data that would allow to establish the identity of the product (i.e. to understand what it is: where, by whom it was produced) (Specifically, the application indicated: Washing powder, Russia)

Question: how competent are these actions of the OFAS within the framework of Federal Law 44?

If yes, how does this fit in with the requirement to have hygiene certificates for products (not one certification body will issue a certificate with such data, as far as I know - if I'm wrong, explain the logic of the legislation)

If not, then how, where and on whose behalf it is right to influence to eliminate this violation (at least not to repeat it in the future) (or who to contact for advice or legal support to resolve such issues)

Thanks in advance for your reply

Lawyers Answers (1)

the logic is easy to understand. earlier, the antimonopoly authority sometimes recognized the actions of customers as illegal, due to the admission of a procurement participant to the auction and recognition as an auction participant, a procurement participant who offered an application in which instead of the name of the country of origin of the goods (in the context of the wording given in Article 1516 of the Civil Code of the Russian Federation) was indicated simply The Russian Federation. at present, this inaccuracy has been eliminated and it is enough to simply write the country of origin of the goods. Moreover, this wording is fully consistent with Art. 14 44-FZ national treatment where there is also a link to the country of origin of the goods. article 66 of 44-FZ provides that the first part of the application must contain (delivery of goods): b) specific indicators corresponding to the values established by the documentation for such an auction, and an indication of the trademark (its verbal designation) (if any), service mark ( if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any), name of the country of origin of goods;

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.

thus, it is clear that if the washing powder has a trademark, then the participant is obliged to indicate it, since its failure to indicate is the basis for rejecting the application due to the failure to provide information. however, when rejecting, the customer must remember that he must have ironclad evidence that the powder does have a trademark, patent, etc. in general, everything that is written in 66. the actions of the FAS are lawful.

when describing the procurement object in accordance with Article 33, you independently determine the indicators that allow you to determine the compliance of the purchased goods, work, services with the requirements established by the customer. At the same time, the maximum and (or) minimum values of such indicators are indicated, as well as the values of indicators that cannot be changed.

E-auction rejected in 2 parts

Good afternoon, tell me please! The electronic auction was rejected in 2 parts:

“Failure to submit documents and information that are provided for in clauses 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of Federal Law No. 44-FZ

Is the deviation legal and what documents are required?

Auction in electronic form No. 0816300014517000055

Lawyers Answers (3)

Your application has been rejected for the following reasons

Minutes of consideration of a single application for participation in
electronic auction No. 0816300014517000055
Place of publication: Russian Federation, 678900, Sakha/Yakutia/Resp,
Aldan city, STREET LENINA, 19

Failure to provide documents and information that
are provided for by paragraphs 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of Federal Law No. 44-FZ, non-compliance of the specified documents and information with the requirements established by the auction documentation, the presence in the specified documents of unreliable information about the auction participant as of the date and time of the deadline
submitting applications for participation in the auction(Rejected under clause 1, part 6, article 69 of 44-FZ)
The submitted declaration does not comply with the requirements of the law and documentation in terms of clause 7, part 1, article 31
Federal Law No. 44-FZ dated April 5, 2013
(as amended on February 22, 2017)
"On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

Article 62
1. An operator of an electronic site maintains a register of participants in an electronic auction accredited to an electronic site.

2. The register of participants in an electronic auction accredited on an electronic site, in respect of each participant in such an auction, must contain the following documents and information:

1) the name of a participant in such an auction (for a legal entity), last name, first name, patronymic (if any) of a participant in such an auction (for an individual);
2) the date of sending to the participant of such an auction a notice of the decision on its accreditation;

3) the 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);

4) a copy of an extract from the Unified State Register of Legal Entities (for a legal entity), a copy of an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur), received no earlier than six months before the date of the participant of such an auction applying for accreditation, copies of documents certifying the identity of a participant in such an auction (for another individual), a duly certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur in accordance with the legislation of the relevant foreign state (for a foreign entity);
5) copies of the constituent documents of a participant in such an auction (for a legal entity), copies of documents proving the identity of a participant in such an auction (for an individual);

6) copies of documents confirming the authority of a person to obtain accreditation on an electronic site on behalf of a participant in such an auction - a legal entity in accordance with paragraph 4 of part 2 of Article 61 of this Federal Law;

7) copies of documents confirming the authority of a person to take actions on behalf of a participant in such an auction - a legal entity, to participate in such auctions (including registration at such auctions) in accordance with clause 5 of part 2 of Article 61 of this Federal Law;
8) a decision to approve or conclude transactions based on the results of such auctions on behalf of a participant in such an auction - a legal entity, indicating information on the maximum amount of one transaction in accordance with clause 8 of part 2 of Article 61 of this Federal Law;

9) the date of termination of the accreditation of a participant in such an auction on an electronic site.

3. An operator of an electronic site enters into the register of participants in an electronic auction accredited on an electronic site the documents and information provided in accordance with Part 2 of this Article on the day a decision is made to accredit a participant in such an auction on an electronic site.

4. In case of receipt in accordance with Part 10 of Article 61 of this Federal Law from a participant in an electronic auction of documents and information, including notification of the termination of documents, an enhanced electronic signature, the operator of the electronic site within one hour from the receipt of these documents and information places them in the register of participants in such an auction accredited on the electronic site, indicating the date and time of receipt of the specified documents and information.

5. The register of participants in an electronic auction accredited on an electronic site is posted on the electronic site by its operator, with the exception of the documents provided for in clauses 4-7 of part 2 of this article.

6. The operator of the electronic site removes the participant of the electronic auction from the register of participants in the electronic auction accredited on the electronic site within one working day from the date of expiration of the accreditation of this participant or the decision to exclude this participant from this register. The operator of the electronic site is obliged to send a notice to this participant about his exclusion from this register.

Article 66. Procedure for filing applications for participation in an electronic auction

3. The first part of the application for participation in an electronic auction must contain the information specified in one of the following subparagraphs:

1) when concluding a contract for the supply of goods:

3) when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the goods are used:

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, postal address (for a legal entity), last name, first name, patronymic (if any), passport data, place of residence (for an individual), contact phone number, taxpayer identification number 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), a taxpayer identification number (if any) of the founders, members of a collegial executive body, a person acting as the sole executive body of a participant in such an auction;

5) documents confirming the right of a participant in such an auction to receive an advantage in accordance with Articles 28 and 29 of this Federal Law, or copies of these documents;

6) documents confirming the compliance of a participant in such an auction and (or) the goods, works or services offered by him to the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents;

Article 31. Requirements for procurement participants

1. When making a purchase, the customer establishes the following unified requirements for the participants in the purchase:

7) the procurement participant - an individual or the head, members of the collegial executive body, the person performing the functions of the sole executive body, or the chief accountant of the legal entity - procurement participant has no convictions for crimes in the field of economics and (or) crimes provided for in Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons whose convictions have been canceled or expunged), as well as the non-application of punishment in respect of these individuals in the form of deprivation of the right to hold certain positions or engage in certain activities that are associated with the supply of goods, the performance of work, the provision of services that are the object of the ongoing procurement, and an administrative penalty in the form of disqualification;

Apparently, information about the procurement participant on the electronic site and in the application differs, and there is also a criminal record or restriction of activities in relation to the procurement participant.

Moreover, the grounds for legal entities are not applicable to the procurement participant, since he is an individual entrepreneur.

SOLUTION

on business№ 15-06/03-89

Commission of the Office of the Federal Antimonopoly Service for the Volgograd Region (hereinafter referred to as the Office) for monitoring compliance with the legislation on the contract system, consisting of:

R.A. Litvinova- Chairman of the Commission, head of the department for monitoring compliance with the legislation on the contract system,

S.V. Moiseeva - Member of the Commission, Deputy Head of the Department for Control over Compliance with Legislation on the Contract System,

A.A. Tynyankina - member of the Commission, senior state inspector of the department for monitoring compliance with legislation on the contract system,

with:

Degtyareva M.K., representative of the State Budgetary Institution of Health "City Children's Clinic No. 2" by proxy dated 03.03.2015 No. 21,

Yu.V.

Kharina N.S., representative of the Committee for the regulation of the contract system in the field of procurement of the Volgograd region by power of attorney dated February 10, 2015 No. 5,

Kharkova T.A., representative of the Committee for the regulation of the contract system in the field of procurement of the Volgograd region by power of attorney dated 03.02.2015 No. 3,

In the absence of representatives of IP Fedichkin F.S., duly notified of the time and place of the consideration of this case,

Having examined the materials of the case № 15-06/03-89, initiated on the complaint of IP Fedichkina F.C. on the actions of the auction commission during the auction in the electronic form "supply of stationery" (notice number 0129200001915000883 ),

SET UP:

On February 27, 2015, the Department (input e-mail No. 586) received a complaint from IP Fedichkina F.S. (hereinafter referred to as the Applicant) against the actions of the auction commission during the auction in the electronic form "supply of stationery" (notice number 0129200001915000883).

According to the arguments of the Applicant's complaint, the Auction Commission unreasonably denied admission to an individual entrepreneur to participate in an electronic auction.

When considering the complaint, representatives of the Customer, the Authorized Body objected to the stated requirements, they asked to refuse to satisfy the complaint.

After listening to the arguments of the parties, having familiarized themselves with the submitted documents, the Commission of the Administration came to the following conclusions on the merits of the arguments of the complaint.

According to Part 1 and Part 2 of Art. 24 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" (hereinafter referred to as the Law on the contract system), Customers use competitive methods to determine suppliers (contractors) when making purchases , executors) or carry out purchases from a single supplier (contractor, executor). Competitive methods for determining suppliers (contractors, performers) are competitions (open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition), auctions (auction in electronic form (hereinafter also referred to as electronic auction) , closed auction), request for quotations, request for proposals.

Chapter 3, paragraph 2 of the Law on the Contract System establishes the requirements and procedure for conducting procurement through an auction in electronic form (electronic auction).

An auction in electronic form (electronic auction) means an auction in which information about the procurement is communicated by the customer to an unlimited number of persons by placing a notice of such an auction and documentation about it in a single information system, uniform requirements and additional requirements are imposed on procurement participants, such the auction is provided on the electronic platform by its operator (part 1 of article 59 of the Law on the contract system).

The Commission found that on February 11, 2015, the Authorized Body - the Committee for Regulation of the Contract System in Procurement of the Volgograd Region, publicly announced an auction in the electronic form "supply of stationery" (notice number 0129200001915000883), with an initial (maximum) contract price of 167,991 ,20 rubles, for the needs of the Customer - the State Budgetary Healthcare Institution "City Children's Polyclinic No. 2", by posting a notice of the said auction in electronic form on the official website of the Russian Federation in the Internet information and telecommunication network to post information on placing orders for supplies goods, performance of work, provision of services www.zakupki.gov.ru (hereinafter referred to as the official website).

From Part 1 of Art. 66 of the Law on the contract system, it follows that the submission of applications for participation in an electronic auction is carried out only by persons who have received accreditation on an electronic site.

Clause 25 of Section 2. "Electronic Auction Information Card" of the documentation for an auction in electronic form, among other things, establishes that the first part of an application for participation in an electronic auction must contain the following information:

Specific indicators corresponding to the values set in Table 1. Section 3. of the documentation, and an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any) , utility models (if any), industrial designs (if any), name of the country of origin of the goods.

The specified requirement for the content of the first part of the application for participation in electronic form is established in accordance with paragraph 1 of part 3 of Art. 66 of the Law on the contract system.

According to part 4 of Art. 67 of the Law on the contract system, 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.

During the consideration of the first parts of the auction bids in electronic form, the Applicant's application was assigned serial number 357221. According to the protocol No. 02-98.1EA of consideration of applications (first parts) for participation in the auction in electronic form dated February 24, 2015, the application with serial number 357221 was rejected by the auction commission on the following grounds: “Clause 2, Part 4, Article 67 of Federal Law No. 44-FZ dated April 5, 2013, and Clause 5.1.4. Section 1 "General conditions for conducting an electronic auction" of the electronic auction documentation, since the information provided by the procurement participant does not meet the requirements specified in paragraphs. b Clause 1, Part 3, Article 66 of Law No. 44-FZ and Clause 25 of Section 2 "Information Card of the Electronic Auction", namely:
according to the requirements specified in Table 1 of Section 3 "Terms of Reference" was required in clause 7 "Glass marker" with the characteristic "Glass marker, writing line width in the range of 4 - 15 mm", the procurement participant proposes for delivery in clause 7 " Marker on glass Germany” with the characteristic “Marker on glass, writing line width in the range of 4 mm”.

The Commission of the Administration found that the auction commission rightfully rejected the first part of the Applicant's application on the grounds established in the protocol No. 02-98.1EA of consideration of applications (first parts) for participation in the auction in electronic form dated February 24, 2015, on the basis of the following.

The name and characteristics of the supplied goods are determined by the Customer in Table No. 1 of Section 3. "Terms of Reference" of the auction documentation in electronic form.

Clause 8 of Appendix No. 2 to Section 2. "Electronic Auction Information Card" of the auction documentation in electronic form "Instructions for filling out an application for participation in the auction" establishes that if the terms of reference establish a range indicator, the value of which cannot be changed in one or the other party, the bidder the product should be offered with exactly this value of the indicator.

Clause 7 of Table No. 1 of Section 3. "Terms of Reference" of the auction documentation in electronic form, among other things, establishes the following requirements for the goods supplied: "Marker on glass, writing line width in the range of 4-15 mm, washable, color black". That is, according to the instructions for filling out an application for participation in the auction, the procurement participant, when indicating the characteristics of the marker "in the range of 4-15 mm", must offer goods with exactly this value of the indicator "in the range of 4-15 mm".

Contrary to the above paragraph 8 of Appendix No. 2 to Section 2. "Electronic Auction Information Card" of the auction documentation in electronic form "Instructions for filling out an application for participation in the auction" in paragraph 7 of the "Specification" table of the first part of the Applicant's application, including among other things, the following is indicated: "Marker on glass, writing line width in the range of 4 mm, washable, color black."

Thus, the first part of the Applicant's application does not meet the requirements established in the auction documentation in electronic form due to the circumstances set forth above.

Consequently, the Management Commission concluded that the complaint of IP Fedichkina F.S. is unfounded.

According to the results conducting an unscheduled inspection in accordance with Part 15 of 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", the Management Commission established the following.

As mentioned above, in paragraph 25 of Section 2. “Electronic Auction Information Card” of the documentation for an auction in electronic form, among other things, it is established that the first part of an application for participation in an electronic auction must contain the following information:

Specific indicators corresponding to the values set in Table 1. Section 3. of the documentation, and an indication of the trademark (its verbal designation) (if any), service mark (if any), trade name (if any), patents (if any) , utility models (if available), industrial designs (if available), name of the country of origin of goods.

According to the protocol No. 02-98.1EA of consideration of applications (first parts) for participation in the auction in electronic form dated February 24, 2015, the application with serial number 357257 was admitted by the auction commission to participate in the electronic auction in electronic form.

However, the Management Commission found that in the first part of the application with the serial number 357257, positions 2 to 9 do not indicate the name of the country of origin of the goods, but only an indication of the manufacturer of the goods, which is an improper fulfillment of the requirements of paragraph 1 of part 3 of Art. 66 of the Law on the contract system and paragraph 25 of Section 2. "Information card of the electronic auction" of the auction documentation in electronic form, which expressly establishes the requirement to indicate the name of the country of origin of the goods.

Therefore, the auction commission unreasonably allowed the procurement participant with the order number of the application 357257 to participate in the auction in electronic form due to the fact that the specified application should be rejected by the auction commission on the basis of paragraph 1 of part 4 of Art. 67 of the Law on the contract system, namely the failure to provide information provided for in paragraph 3 of Article 66 of the Law on the contract system.

Thus, the Management Commission found that the auction commission of the Authorized body - the Committee for regulation of the contract system in the field of procurement of the Volgograd region, consisting of: Bakhina V.V., Chupakhina A.D., Malakhova M.M., violated the requirements of paragraph 1 Part 4 Art. 67 of the Law on the contract system.

In order to eliminate violations of the legislation on the contract system identified in the actions of the auction commission, the Commission considers it necessary to issue an order to the Customer, the Authorized Body to eliminate the violation of the legislation of the Russian Federation on the contract system by canceling the purchase.

Based on the results of an unscheduled inspection of the procurement procedure, no other violations of the legislation on the contract system were identified.

Based on the foregoing, guided by Chapter 6 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", the Management Commission

DECIDED:

1. Recognize the complaint of IP Fedichkina F.S. on the actions of the auction commission during the auction in the electronic form "supply of stationery" (notice number 0129200001915000883 ) unfounded.

2. Recognize the auction commission of the Authorized body - the Committee for regulation of the contract system in the field of procurement of the Volgograd region, consisting of: Bakhina V.V., Chupakhina A.D., Malakhova M.M. - violating paragraph 1 of part 4 of Art. 67 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."

3. Issue to the Customer, the Authorized Body an order to eliminate the violation of the legislation of the Russian Federation on the contract system.

The decision of the Commission may be appealed to the Arbitration Court of the Volgograd region within three months from the date of its adoption.

The organization took part in the auction for the supply of goods under the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs." In the conditions of the auction, the requirement for the year of release of the goods was indicated - 2018. Instructions for filling out the application did not provide for the need to indicate the year of manufacture of the goods in the first part of the application. The participant included the relevant information in the application on his own initiative. In the proposal of the organization (in the first part of the application, that is, where specific indicators are indicated, and in the second part of the application), the organization indicated the release of goods - the second half of 2017. The customer recognized the application as meeting the requirements of the auction documentation, referring to the fact that the year of issue is not a specific indicator.
The contract, however, indicates the year of manufacture - 2018. The customer obliges to deliver the goods in 2018.
Should the customer have rejected the organization from participating in the auction due to a discrepancy in the year of release of the goods? If it was, then according to what standards? Whether the year of manufacture of the goods is a specific indicator.
If the organization is recognized as the winner, should the customer change the condition in the contract according to the proposal of the organization?

On this issue, we take the following position:
The customer had to reject the specified application on the basis of Law N 44-FZ due to the discrepancy between the year of manufacture of the goods offered for delivery, the year of manufacture of the goods specified in the auction documentation.
The parties are not entitled to include in the draft contract a condition for the delivery of goods manufactured in 2017.
The qualification of the year of manufacture of the goods as a specific indicator in relation to the described situation does not matter.

Position justification:
In accordance with 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" (hereinafter - Law N 44-FZ), the procurement participant is not allowed to participate in the auction, in particular, in case of non-compliance of the information provided for by Law N 44-FZ with the requirements of the documentation for such an auction.
Therefore, since in the situation under consideration, the information about the goods indicated in the first part of the application (namely, about the year of its manufacture) does not meet the requirements of the auction documentation, the auction commission should have made a decision to refuse admission of the procurement participant to participate in the auction on the basis of paragraph 1 of Art. 2 hours 4 tbsp. 67 of Law 44-FZ (see, for example, Office of the Federal Antimonopoly Service for the Republic of Crimea and the city of Sevastopol N 06/3371 (published on June 3, 2016).
At the same time, as we believe, it does not matter that the information about the year of manufacture of the goods that does not meet the requirements of the auction documentation is included by the participant in the first part of the application on his own initiative, nor the qualification of this information (as a specific indicator or an indicator that is not specific) . The auction commission is not entitled on this basis to ignore the fact that the application contains information that does not meet the requirements of the auction documentation: the indication of such information in the application, within the meaning of N 44-FZ, should deprive the participant who submitted this application of the opportunity to participate in the auction (Office of the Federal Antimonopoly Service for Republic of Sakha (Yakutia) dated December 27, 2016 N 06-1093 / 16t, Office of the Federal Antimonopoly Service for the Sakhalin Region dated August 16, 2016 N 353 / 16, recognized as a legitimate decision of the Arbitration Court of the Sakhalin Region dated February 1, 2017 in case N A59-5431 / 2016, upheld by the Fifth Arbitration Court of Appeal of May 2, 2017 N 05AP-2448/17 and the Arbitration Court of the Far Eastern District of July 28, 2017 N F03-2892/17 in case N A59-5431/2016).
According to Law N 44-FZ, based on the results of an electronic auction, a contract (with some exceptions not related to the situation under consideration) is concluded with the winner of such an auction. The contract is concluded on the terms specified in the notice of an electronic auction and documentation of such an auction, at the price offered by its winner (part 10 of this article). At the same time, Law N 44-FZ provides that the draft contract placed by the customer in the unified information system includes, in addition to the price of the contract proposed by the auction participant with whom the contract is concluded, the information about the product specified in the application (including specific indicators of the product).
Consequently, in the situation under consideration, a situation arises when the draft contract, which must comply with the conditions specified in the notice of the auction and the auction documentation, formally must include the information contained in the participant's application about the product, which does not meet such conditions. In our opinion, this contradiction (which, we emphasize, was the result of unlawful actions of the customer who allowed the participant to participate in the auction) should be resolved taking into account the general meaning of the provisions of N 44-FZ, which assumes that conditions that do not correspond to the indicators of the goods provided for by the notice and documentation about the auction, can not be included in the contract. Therefore, the only essentially variant of the customer's behavior in the described situation may be to refuse to include in the draft contract information about the year of manufacture of the goods specified in the application of the auction winner. The latter, in turn, is deprived of the opportunity to require the customer to include relevant information in the contract, since this would not correspond to the meaning of N 44-FZ, would violate the prohibition established by him to change the terms of the contract when it was concluded, and would also violate the rights of other participants in the auction ( Law N 44-FZ, see also, for example, the decision of the Arbitration Court of the Khanty-Mansiysk Autonomous Okrug - Yugra dated 02/09/2017 in case N A75-14232 / 2016, left unchanged by the Eighth Arbitration Court of Appeal dated 05/05/2017 N 08AP-3365 / 17).
Thus, the situation described in the question arose as a result of non-compliance by the procurement participant with the provisions of the auction documentation and violation by the customer of the provisions of N 44-FZ. The legislation does not expressly provide an algorithm for a legal way out of such a situation. Such an algorithm cannot be proposed within the framework of this consultation. This is due, in particular, to the fact that the development of the situation depends on many circumstances. So, for example, the winner of the auction, other participants in the procurement and a number of other persons have the right to appeal to the control body in the field of procurement and the court against the unlawful actions of the customer. The consequence of such an appeal may be, among other things, the annulment of the definition of the counterparty (see, for example, Law N 44-FZ). We cannot rule out other options for resolving the current situation. In the event of a disputable situation (for example, the participant's refusal to conclude a contract on the terms proposed by the customer, the recognition of the participant as having evaded the conclusion of the contract, etc.), it can only be resolved by a court.

Prepared answer:
Legal Consulting Service Expert GARANT
Kovaleva Elena

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Aleksandrov Alexey

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

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