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The first and second parts of the application. Deadline for consideration of the second parts of applications for participation in the electronic auction. When delivering the goods, do not forget to indicate specific characteristics and standards

Suppliers have many questions when preparing applications for construction, road repairs, and the supply of medical equipment and products. These are the most profitable and difficult purchases due to large quantity GOSTs, SNiPs, standards and regulations. And in large purchases, customers often try to limit competition. What should you do to get your application accepted?

Read the terms of reference and instructions for filling out the application

A separate block in the documentation is devoted to the requirements for the quality and characteristics of goods and services. This is the procurement technical specification - the main component in preparing the application.

If you do not read these documents carefully, you may miss parts of the requirements or misinterpret them. In the first case, this will lead to rejection of the application, and in the second - to the risk of fulfilling the contract at a loss or not fulfilling your obligations and ending up in the Register of Unscrupulous Suppliers.

Along with the terms of reference, customers according to 44-F are required to publish instructions for it, which indicate:

  • GOSTs and other regulatory and technical documents for goods. If the procurement does not indicate GOST numbers, suppliers can indicate any parameters in the ranges specified in the terms of reference.
  • Range values. Product parameters can be specific (pipe diameter 200 mm) or ranged (pipe diameter from 200 mm to 240 mm). The customer must indicate which parameters the suppliers indicate in the application. It also indicates the parameters for which the range value is specific. For example, asphalt must have certain characteristics at temperatures from + 30C to - 30C.
  • Rules for reading punctuation marks, prepositions and conjunctions. The customer can change the generally accepted rules for reading punctuation marks. For example, the wording “tile color “gray” and “white” would mean that the supplier needs to choose one of two proposed colors. This technique is often used to limit competition. Be careful.

There are confusing technical specifications and confusing instructions. For example, in an electronic auction for the modernization of production facilities in Moscow, suppliers were asked in the documentation to choose a class of reinforcing steel - AI\AIII. According to the customer’s instructions, the symbol “\” means that you need to select both class AI and class AIII. Next came the clarification of the brand: 35GS; 25G2S; 32G2Rps; St3kp; St3ps; St3sp. According to the instructions, the symbol ";" indicated that you need to choose only one of the listed options.

In accordance with GOST 5781-82, only grades “St3kp, St3ps, St3sp” can be used for class AI steel, and only “35GS, 25G2S, 32G2Rps” for class AIII. The customer responded evasively to requests for clarification, and the supplier prepared an application, referring to GOST. As a result, the customer rejected it. It is impossible to correctly prepare such an application.

Sometimes customers hide the terms of reference among other documents or offer it in a non-copyable form. Most likely, they also want to limit the circle of suppliers by this.

When delivering the goods, do not forget to indicate specific characteristics and GOSTs

In procurement for the supply of goods

  • You agree to the supply of goods (the consent form is in the procurement documents).
  • Be sure to describe specific or range indicators of the product, country of origin (in procurement with national regime). Brand name, patents, trademark in the presence of. If you supply an equivalent, then be sure to also indicate the indicators, and brand name and trademark, if available.
  • Indicate that the product complies with GOST if the technical specification says “the product must comply with GOST.” What to do if there are no GOST standards in the technical specifications, but they are given in the instructions? You can write characteristics that comply with these GOSTs, but there is no need to list them. If you do list them, this will not be a reason to reject the application.

In procurement for services and works

  • You only consent to participate in the electronic auction.

True, such applications do not always require only consent. For example, in this auction for 644 million rubles, you need to provide documents confirming experience of participation (Government Decree No. 99).

In procurement for execution using goods

  • Everything listed in the first and second paragraphs: both agreement to perform the work, and specific characteristics goods.

In procurement construction work(capital construction, major repairs, demolition of buildings, etc.)

  • If there project documentation, then inIn the first part of the application, you only give consent to perform the work (check the box on the ETP).
  • “Form 2” (consent + specific characteristics of goods) is needed only when purchasing on Maintenance, construction of non-permanent buildings, repair and maintenance of roads (including sidewalks, bicycle paths, etc.), landscaping, cleaning, etc.

Submit a request for clarification if something is unclear

Here are the most common customer violations that are misleading and that you can complain about:

  • They require you to provide “other information.” If the terms of reference do not spell out what it is, the documentation is incorrect.
  • They do not justify why they do not use GOST standards for goods that have them, or use them incorrectly. If the documentation contains at least a partial discrepancy with GOSTs, while the customer says “we specify as we want,” refer to the requirements of 44-FZ or to the GOSTs themselves (their catalog is on the Rosstandart website). The customer is obliged to use GOST standards or justify why he does not do so.
  • They set requirements that are possible only for one product or supplier. If there is no equivalent, and the purchase is not included in the list of options, when the customer can indicate a specific trademark (clause 1, article 33 of 44-FZ), this is a violation.
  • You cannot set “unique” requirements for suppliers either. For example, in procurement for maintenance and repair Vehicle in Volokolamsk, the customer determined that the technical center should be located in a certain city. Only one technical center meets these requirements. The participant filed a complaint and won the dispute.
  • They require you to specify range values ​​when the product has specific ones. If a product parameter has a specific numerical value, the customer cannot prohibit it from being indicated in the application. At the same time, in the terms of reference, he is obliged to give suppliers a range: minimum and maximum values ​​for a particular product characteristic.

You can submit a request for clarification in the electronic auction 3 times before the deadline for submitting applications. If you cannot get an accurate answer, you need to complain to the regional office of the FAS about the contents of the documentation.

A Guide to Procurement Disputes:

1. The auction commission reviews the second parts of applications for participation in the electronic auction, information and electronic documents sent to the customer by the operator of the electronic site in accordance with Part 19 of Article 68 of this Federal Law, in terms of compliance with their requirements established by the documentation of such an auction.

2. Based on the results of consideration of the second parts of applications for participation in an electronic auction, the auction commission makes a decision on the compliance or non-compliance of an application for participation in such an auction with the requirements established by the documentation for such an auction, in the manner and on the grounds provided for in this article.

(see text in the previous edition)

3. The auction commission reviews the second parts of applications for participation in the electronic auction, sent in accordance with Part 19 of Article 68 of this Federal Law, before making a decision on the compliance of five such applications with the requirements established by the documentation for such an auction. If less than ten participants took part in such an auction and less than five applications for participation in such an auction meet the specified requirements, the auction commission considers the second parts of applications for participation in such an auction submitted by all its participants who took part in it. Consideration of these applications begins with an application for participation in such an auction submitted by its participant who offered the lowest contract price, the lowest sum of prices of units of goods, work, services, and is carried out taking into account the ranking of these applications in accordance with Part 18 of Article 68

(see text in the previous edition)

4. If, in accordance with Part 3 of this article, five applications for participation in an electronic auction that meet the requirements established by the documentation for such an auction have not been identified, out of ten applications for participation in it, previously sent to the customer based on the ranking results, within one hours from the moment of receipt of the corresponding notification from the customer, the operator of the electronic site is obliged to send to the customer all the second parts of these applications, ranked in accordance with Part 18 of Article 68 of this Federal Law, in order to identify five applications for participation in such an auction that meet the requirements established by the documentation about it.

5. The total period for consideration of the second parts of applications for participation in an electronic auction cannot exceed three working days from the date of placement on electronic platform protocol for conducting an electronic auction.

6. An application for participation in an electronic auction is recognized as not meeting the requirements established by the documentation for such an auction in the following cases:

1) failure to provide documents and information that are provided for in Part 11 of Article 24.1, Parts 3 or 3.1, 8.2 of Article 66 of this Federal Law, non-compliance specified documents and information on the requirements established by the documentation about such an auction, the presence in these documents of unreliable information about the participant in such an auction as of the date and time of the deadline for filing applications for participation in such an auction;

(see text in the previous edition)

(see text in the previous edition)

3) provided for by regulations legal acts adopted in accordance with Article 14 of this Federal Law.

7. Making a decision on the non-compliance of an application for participation in an electronic auction with the requirements established by the documentation for such an auction on grounds not provided for in Part 6 of this article is not allowed. An application for participation in an electronic auction cannot be recognized as not meeting the requirements established by the documentation for such an auction due to the lack of information and electronic documents, provided for by paragraph 5 of part 5 of Article 66 of this Federal Law, as well as paragraph 6 of part 5 of Article 66 of this Federal Law, with the exception of the case of the purchase of goods, works, services in respect of which a ban is established under Article 14 of this Federal Law.

(see text in the previous edition)

8. The results of consideration of applications for participation in an electronic auction are recorded in the protocol for summing up the results of such an auction, which is signed by all members of the auction commission participating in the consideration of these applications, and no later than the working day following the date of signing of the specified protocol, are posted by the customer on the electronic platform and in single information system. The specified protocol must contain information about the identification numbers of five applications for participation in such an auction (in the event of a decision being made that five applications for participation in such an auction comply with the requirements established by the documentation for such an auction, or in the event of acceptance by the auction commission based on consideration of the second parts of applications for participation in such an auction, submitted by all participants in such an auction who took part in it, decisions on the compliance of more than one application for participation in such an auction, but less than five of these applications with the established requirements), which are ranked in accordance with Part 18 of Article 68 of this Federal law and in respect of which a decision was made on compliance with the requirements established by the documentation for such an auction, or if, based on the consideration of the second parts of applications for participation in such an auction, submitted by all its participants who took part in it, a decision was made on compliance with the established requirements of more than one application for participation in such an auction, but less than five of these applications, as well as information about their identification numbers, a decision on the compliance or non-compliance of applications for participation in such an auction with the requirements established by the documentation about it, with the rationale for this decision and indicating the provisions of this Federal Law, which a participant in such an auction does not comply with, the provisions of the documentation about 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 meet the requirements established by the documentation about it, information about the decision of each member of the auction commission in relation to each application for participation in such an auction.

Good afternoon

In accordance with the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”

Article 51. Procedure for filing applications for participation in open competition


1. Applications for participation in an open competition are submitted in the form and in the manner specified in the competition documentation, as well as in the place and before the expiration of the period specified in the notice of the open competition.
2. A participant in an open competition submits a written application for participation in an open competition in a sealed envelope that does not allow viewing the contents of the application before opening, or in the form of an electronic document (if such a form of application is allowed by the competition documentation). Approximate form applications for participation in an open competition may be indicated in the standard competition documentation. An application for participation in an open tender must contain all the information specified by the customer in the tender documentation, namely: 1) following information and documents about the open tender participant who submitted an application for participation in the open tender: a) name, company name (if any), location, postal address (for legal entity), an identification number taxpayer (if any) founders, members of the collegial executive body, the person performing the functions of the sole executive body of the open tender participant, last name, first name, patronymic (if any), passport details, place of residence (for an individual), contact telephone number; b) extract from a single state register legal entities or certified in notarial procedure a copy of such an extract (for a legal entity), an extract from the unified state register of individual entrepreneurs or a notarized copy of such an extract (for individual entrepreneur), which were received no earlier than six months before the date of publication in the unified information system of the notice of an open competition, copies of identification documents (for another individual), a duly certified translation into Russian of documents on state registration a legal entity or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for a foreign person);
c) a document confirming the authority of a person to carry out actions on behalf of a participant in an open competition - a legal entity (a copy of the decision on appointment or election or a copy of the order on the appointment of an individual to a position, in accordance with which such individual has the right to act on behalf of a participant in an open competition without a power of attorney (hereinafter in this article - the director). If another person acts on behalf of a participant in an open competition, the application for participation in an open competition must also contain a power of attorney to carry out actions on behalf of the participant in an open competition, certified by the seal of the participant in the open competition (if there is a seal) and signed by the head (for a legal entity) or authorized manager person, or a notarized copy of the specified power of attorney. If the specified power of attorney is signed by a person authorized by the manager, the application for participation in an open competition must also contain a document confirming the authority of such a person; d) documents confirming the compliance of the open tender participant with the requirements for tender participants established by the customer in the tender documentation in accordance with paragraph 1 of part 1 of Article 31 of this Federal Law, or copies of such documents, as well as a declaration of compliance of the open tender participant with the requirements established in accordance with with paragraphs 3 - 9 of part 1 of article 31 of this Federal Law;
e) copies constituent documents participant in an open tender (for a legal entity);
f) decision to approve or commit major deal or a copy of such a decision if the requirement for the need for such a decision to complete a major transaction is established by law Russian Federation, constituent documents of a legal entity and for a participant in an open tender the supply of goods, performance of work or provision of services that are the subject of the contract, or the contribution Money as security for an application for participation in an open competition, security for the execution of a contract is a major transaction; g) documents confirming the right of a participant in an open competition to receive benefits in accordance with Articles 28 and 29 of this Federal Law, or certified copies of such documents;
h) documents confirming the compliance of a participant in an open tender and (or) the goods, work or service offered by him with the conditions, prohibitions and restrictions if such conditions, prohibitions and restrictions are established by the customer in the tender documentation in accordance with Article 14 of this Federal Law, or certified copies of such documents;
i) a declaration about the affiliation of a participant in an open competition with small businesses or socially oriented non-profit organizations if the customer establishes the restriction provided for in Part 3 of Article 30 of this Federal Law; 2) the proposal of a participant in an open tender in relation to the procurement object, and in the case of the purchase of goods, also the proposed price of a unit of goods, the name of the country of origin of the goods; 3) in cases provided for by the tender documentation, 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 (if there are these requirements for the specified product, work or service in accordance with the legislation of the Russian Federation). At the same time, it is not allowed to require the presentation of such documents if, in accordance with the legislation of the Russian Federation, such documents are transferred along with the goods;
4) in the case provided for in Part 2 of Article 37 of this Federal Law, documents confirming the good faith of the participant in the open tender;
5) documents confirming the submission of security for an application for participation in an open tender ( payment order, confirming the transfer of funds as security for an application for participation in an open tender, or a copy of this payment order or bank guarantee, meeting the requirements of Article 45 of this Federal Law);
6) if the tender documentation specifies such a criterion for evaluating applications for participation in the competition as the qualifications of a participant in an open competition, the application of a participant in an open competition may also contain documents confirming his qualifications, while the absence of these documents is not a basis for recognizing the application as not complying with the requirements of this Federal Law.
3. An application for participation in an open competition may contain a sketch, drawing, drawing, photograph, other image, sample, sample of the product being purchased.
4. All sheets of an application submitted in writing for participation in an open competition, all sheets of the volume of such an application must be bound and numbered. An application for participation in an open competition and the volume of such an application must contain an inventory of the documents included in them, be sealed by the participant in the open competition if there is a seal (for a legal entity) and signed by the participant in the open competition or a person authorized by the participant in the open competition. Compliance by the participant in an open competition specified requirements means that the information and documents included in the application for participation in an open competition and the volume of the application for participation in an open competition are submitted on behalf of the participant in the open competition and he is responsible for the authenticity and reliability of this information and documents. It is not allowed to establish other requirements for the execution of an application for participation in an open competition, with the exception of the requirements for the execution of such an application provided for in this part. Wherein improper execution by a participant in an open competition, the requirement that all sheets of such applications and volumes must be numbered does not constitute a basis for refusal of admission to participate in an open competition.
5. It is not allowed to require other documents and information from a participant in an open tender, except for the documents and information provided for in Part 2 of this article.
6. Each envelope with an application for participation in an open competition, each application for participation in an open competition submitted in the form of an electronic document, received within the period specified in the competition documentation, is registered by the customer, specialized organization. At the same time, refusal to accept and register an envelope with an application for participation in an open competition, which does not indicate information about the person who submitted it, and the requirement to provide relevant information are not allowed.
7. A participant in an open competition has the right to submit only one application for participation in an open competition in relation to each item of an open competition (lot).
8. If several citizens plan to create a work of literature or art, performance (as a result intellectual activity), which are the subject of a contract, joint creative work, these citizens submit one application for participation in an open competition and are considered one participant in an open competition.
9. If the tender documentation provides for the customer’s right to conclude contracts for the performance of two or more exploratory scientific research works with several participants in an open competition, a participant in an open competition has the right to submit an application for participation in an open competition (lot) only in relation to one exploratory scientific research project. research work.
10. Acceptance of applications for participation in an open competition ceases when the deadline for opening envelopes with applications for participation in an open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition.
11. The customer, a specialized organization ensures the safety of envelopes with applications for participation in an open competition, the security, integrity and confidentiality of applications for participation in an open competition submitted in the form of electronic documents and ensures consideration of the contents of applications for participation in an open competition only after opening the envelopes with applications for participation in an open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition in accordance with this Federal Law. Persons who store envelopes with applications for participation in an open competition, including applications submitted in the form of electronic documents for participation in an open competition, do not have the right to allow damage to these envelopes, to open access to such applications until the envelopes with applications for participation in the open competition are opened open competition or opening access to applications submitted in the form of electronic documents for participation in an open competition in accordance with this Federal Law.
12. An envelope with an application for participation in an open competition, received after the deadline for filing applications for participation in an open competition, is not opened and, if the envelope with such an application contains information about the person who submitted it, including the postal address, is returned by the customer , a specialized organization in the manner established by the competition documentation. Access to applications for participation in an open competition submitted in the form of electronic documents after the expiration of the deadline for filing applications for participation in an open competition is not provided.
13. If, after the deadline for submitting applications for participation in an open competition, only one application for participation in an open competition is submitted or no such application is submitted, the open competition is recognized as failed. If the tender documentation provides for two or more lots, the tender is recognized as failed only in relation to those lots for which only one application for participation in an open tender was submitted or no such application was submitted.

SMP means that, in accordance with Article 30, a requirement is established for the participation of small businesses and socially oriented non-profit organizations.

Declaration of the NSR you must declare that you are a small business, socially oriented non-profit organization in procurement and support it accordingly.

The first parts of applications for participation in the electronic auction contain the country of origin of Russia, one application is China. At what stage does country variation occur?

Answer

Read the answer to the question in the article: If during formation terms of reference We don’t ask for specific indicators for nails, do we need to indicate the country of origin of the nails, and if we ask for specific indicators for paint, do we need to indicate the country?

According to the provisions of Law No. 44-FZ, a participant in an electronic auction is not allowed to participate in it in case of failure to provide information, provided for by part 3 Article 66 of Law No. 44-FZ or providing false information; as well as in the event of a discrepancy between the information provided for in Part 3 of Article 66 of Law No. 44-FZ and the requirements of the documentation about such an auction.

Thus, if in the first part of the application for delivery a product is offered that does not meet the requirements of the documentation (in this case, a product originating from foreign country, from China), then such application shall be rejected.

In accordance with clause 6 of part 5 of Article 66 of Law No. 44-FZ, documents confirming the compliance of the proposed goods with the conditions, prohibitions and restrictions established on the basis of Article 14 of Law No. 44-FZ, or copies of these documents, are provided in the second part of the application.

Based on the above, if in the first part of the application the participant indicates that goods are offered for delivery, for example, Russian production, but supporting documents (certificate of form No. ST-1, copies of such a certificate) are not presented in the second part of the application, then such an application is subject to rejection based on the results of consideration of the second parts of the applications.

Resolution No. 791 does not contain the condition that applications that do not contain a certificate of form No. ST-1 are subject to rejection only if at least 2 procurement participants have such a certificate.

Consideration of the first parts of applications for participation in the electronic auction under 44-FZ

The customer reviews the first parts of applications and decides whether to admit the applicant to the auction. An application can be rejected only in cases specified in Law 44-FZ. If you break the rule, the responsible employee will pay a fine of up to 30,000 rubles. In what cases should a participant be allowed to participate in the auction, and when should an application be rejected, read the recommendations below.

What participants indicate in the first part of the application

You purchase goods.

In the application, the participant states his agreement to supply the goods under the conditions established by the customer:

  • trademark;
  • service mark;
  • trade name;
  • patents;
  • utility models;
  • industrial designs.

Mandatory information - country of origin of the product. It is confirmed by the participant with a declaration or certificate of origin of the goods (Part 2 of Article 59 of the Customs Code).

If the participant supplies an equivalent product, he or she shall indicate in the application the equivalence indicators from the documentation.

The participant must write down specific indicators that meet the conditions from the documentation and indicate the characteristics of the product.

When reviewing the first parts of applications, be guided by the procurement documentation. For example, if the documents do not indicate either a trademark or the name of the country of origin of the product, then the participant must indicate specific indicators and the country of origin. In other cases, the participant has the right to simply express consent to supply goods for which the trademark and name of the country of origin are indicated in the documentation.

How to review the first parts of applications

The auction commission checks within seven days whether the first parts of the applications meet the documentation. The deadline is counted from the date after the day when you finished accepting applications (Article 191 of the Civil Code of the Russian Federation).

The commission decides whether to admit the applicant to the auction and recognize it as a procurement participant or refuse.

Do not admit a participant who has not provided necessary information, provided false information or whose information does not correspond to the procurement documentation. You cannot refuse for other reasons.

The rules are described in parts 1-5 of Article 67 of Law No. 44-FZ.

If the information in the first part of the application is unreliable, remove the participant at any stage of the auction (Part 6.1, Article 66 of Law No. 44-FZ).

Document the decision in a protocol. The document is signed by all members of the commission who were present at the meeting. This must be done no later than the date you finish reviewing applications. Within the same time frame, send the protocol to the operator of the electronic platform and place it in the Unified Information System.

In the protocol, indicate:

  1. Serial numbers of applications.
  2. Admission of the applicant to the auction and recognition as a procurement participant.
  3. Refusal to admit a participant to the auction. Justify the refusal by indicating the provisions of the application that do not correspond to the procurement documents and which points of the documentation are violated.
  4. The decision of the members of the auction commission for each participant.

If you allow only one participant to the auction or reject all bids, the auction will not take place. Write this down in the protocol.

The requirements for the protocol are listed in parts 6-8 of Article 67 of Law No. 44-FZ.

Consideration of the second parts of applications for participation in the electronic auction

An application for participation in an electronic auction consists of two parts, which the applicant submits simultaneously. Consider the first parts. In two days, the operator of the electronic platform will hold an auction and draw up a protocol that will be posted on the site. Within an hour, the operator will send the protocol to the customer, and along with it the second parts of the applications of the 10 participants who offered the best prices. If less than 10 applicants participate in the procurement, the operator will transfer all applications. Also obtain documents from the register of participants. This procedure is established in Part 19 of Article 68 of Law No. 44-FZ.

For information on how to review the second parts of applications and how to draw up a final protocol, read the recommendations below.

How to check the second parts of auction bids

The auction commission checks the second parts of the applications and decides whether the application complies with the procurement documents. This must be done within three working days from the date when the operator of the electronic platform published the protocol of the auction.

Make a decision on five applications. If there are fewer than 10 bidders in the auction and fewer than five bids meet the documentation requirements, consider all bids. First, consider the application of the participant with the lowest contract price, then - according to the numbers assigned to the applications by the operator of the electronic platform (Part 18, Article 68 of Law No. 44-FZ).

If fewer than five participants meet the documentation requirements, send a notice to the operator of the electronic platform. The operator will provide all second parts of applications within an hour.

Each member of the commission makes a decision on each application. Then, by majority vote, it is decided common decision- whether the application meets the procurement documentation or not. A protocol is drawn up.

This is stated in parts 1-5 and 8 of Article 69 of Law No. 44-FZ.

In what cases does the application not meet the documentation requirements?

Law No. 44-FZ lists cases when an application does not meet the procurement documentation.

Reject the application if the participant:

1. Did not provide the following documents and information:

  • name - for a legal entity, full name - for an individual;
  • a copy of an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs. He must receive the document no earlier than six months before applying for accreditation;
  • a copy of the passport - for an individual;
  • certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur under the laws of another state - for foreign participants;
  • copies of the constituent documents of the participant - for legal entities;
  • copies of documents with which the applicant will confirm his authority: decision on election, power of attorney (clause 5, part 2, article 61 of Law No. 44-FZ);
  • decision to approve a major transaction on behalf of a legal entity. The document must contain the maximum amount of one transaction.

2. Did not indicate information and documents for the first and second parts of the application, which are provided for by parts 3 and 5 of Article 66 of Law No. 44-FZ.

3. Submitted documents and information, but they do not meet the requirements of the documentation or are unreliable.

4. Does not meet the requirements for a procurement participant.

Such rules are established in Part 6 of Article 69 of Law No. 44-FZ. For other reasons, an application cannot be rejected (Part 7, Article 69 of Law No. 44-FZ).

If we are talking about the second parts of applications regarding the Law on Contract system, That we're talking about about such electronic procedures as competition and auction. Using the example of an auction in electronic form Let's look at what the second part of the application should contain.

How is the composition of the application regulated?

When submitting an application for an auction, a participant must be guided by Federal Law. It specifies not only the requirements for the content of the first and second parts of the application, but also the entire procedure for submitting the application, the conditions for its rejection, etc. At the same time, the participant must understand what exactly he must do on the site and what documents to provide. Here special attention should be paid to auction documentation. The customer is obliged in accordance with Art. 64 it indicates both the requirements for participants and the content of the application, in particular for its second part.

It is worth recalling that if a participant does not agree with the requirements for the composition of the application or does not understand exactly what document the customer is asking to provide, then the most reasonable thing is to write a request for clarification of the auction documentation. IN otherwise the application may be deemed inappropriate and the procurement participant may be removed.

So, for example, the customer established restrictions on the product according to Order of the Ministry of Finance 126n. Moreover, as part of the second parts, he requires the provision of a ST-1 certificate to confirm the country of origin of the goods. Applications are submitted without it, because It seems that the customer is wrong, but they are suspended for the second part. Yes, of course, this is a violation of incompetent workers. But you will have to defend your rights at the Federal Antimonopoly Service, losing your nerves and your precious time. There is only one conclusion: write requests.

Accreditation documents

It is no longer news that by the end of 2019 all participants must register in the Unified Information System, regardless of the fact that they are accredited on the electronic platform. To date, some participants are registered in the EIS, some are not. Hence there is a little confusion in accreditation documents. For example, the decision to appoint general director You no longer need to attach it to the UIS, just as you no longer need to require it from a participant registered in the system. An extract from, copies of constituent documents and a decision on transactions are equally mandatory in any case.

Among other things, a participant registered in the information system automatically receives the status of a small business entity or a socially oriented organization. non-profit organization. The documents that the participant provided during accreditation at the site or during registration in the Unified Information System do not need to be duplicated as part of the second part of the application. All of them are transferred automatically by the site operator to the customer.

We have prepared for you a table-memo “When you do not need to attach declarations and consents to the application” according to 44-FZ. We tell you more about how to properly prepare applications for participation in various procedures in our training for suppliers.

Composition of the second part of the application (Part 5 of Article 66 44-FZ)

Point one

As a rule, the content of the first paragraph of this part is filled in automatically by the platform from the participant’s register data. But it is still worth paying attention to whether all the information about the organization is accurately available on the site; special attention should be paid to the TIN of the founders, sole and collegial bodies. An individual entrepreneur cannot have these. If anyone doubts whether all the information about the organization is available on the site, it is worth filling out the so-called “participant information”, the recommended forms of which are most often contained in the auction documentation.

Point two

The clause regulates documents on the participant’s compliance with certain requirements. In all cases, without exception, the participant declares compliance with paragraphs 3-9 of Art. 31 through the site interface, for example, by checking the box or agreeing opposite the corresponding text.
In some procurements, the participant must meet certain requirements. What kind of documents he must provide in this case is necessarily contained in the auction documentation, we carefully study it. For example, if an auction is for the supply of medicines, then the participant must have a license for pharmaceutical activities. In this case, as part of the application, he must attach a copy of the pharmaceutical form. licenses.

Point three

This section is about documents confirming the conformity of goods. The same thing - carefully read the documentation. Most often, no documents are required, because... for example, certificates of conformity are transferred along with the goods. However, even here the customer can still set requirements. For example, provide a copy registration certificate for medical products.

Point four

This paragraph is about the decision to approve a major transaction. As a rule, it is not required as part of the application, because attached to mandatory during accreditation/registration of a participant. However, a situation may arise when you have decided on a transaction for the amount of 5 million rubles, and an auction has been announced for 6 million rubles. In this case, a decision on a transaction of at least 6 million rubles must be attached additionally.

Point five

This paragraph applies only to organizations of disabled people and penal institutions. If the auction documentation establishes advantages for such organizations, then they declare their affiliation in any form. But only to gain an advantage in terms of price when concluding a contract. It is impossible to reject any application from participants under this clause.

Point six

Let's return to studying the auction documentation regarding restrictions and prohibitions in accordance with the Federal Law and the composition of the participant's application. In simple words- this is a national mode, which is regulated by several by-laws. It's not so simple for beginners. For example, restrictions under Order 126n do not add any documents to the application; it is enough to indicate the countries of origin of the goods in the first part.

But if restrictions are established according to Resolution 102, then it is required when certain conditions attach a certificate in form ST-1. There is a caveat here that if these documents are not provided, the product/(service) of such an application is equated to foreign/(foreign persons). In this case, the participant risks being excluded under the second part by offering a foreign product.

Point seven

AND last point this part of Art. 66 Federal Law for auctions with restrictions under Article 30. Those. Only an NSR or SONCO entity can participate in such an auction. In this case, the participant must declare his affiliation with this entity. And this is done through the site operator - check the box or press the appropriate button.

Conclusion

To avoid problems with deviations in the second part of the application, the participant must carefully study the requirements for participants, restrictions and prohibitions, if any, and the composition of the application. If discrepancies arise in the law and the requirements established by the customer, it is necessary to exercise the right to request clarification of the auction documentation.

Unlike an auction, when conducting electronic competition, in addition to all of the above documents, the customer may also require documents confirming the qualifications of the procurement participant. But failure to provide them is not grounds for rejecting the application. The customer has no right to request other documents as part of the second part of the application.

Update date: 15.04.2019

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