Amendments to the auction documentation under 44-FZ

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Published: 04/13/2019

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In some cases, the customer needs to make changes to the auction documentation. In this case, the state or municipal customer must follow the provisions of Art. 65 44-FZ.

Reasons for making changes
Deadlines for changes to documentation
The procedure for making changes to procurement documentation

Terms and procedure for making changes to auction documentation

Any changes are formalized by a written decision of the customer (or the organization that determines the supplier). The document must be dated no later than 2 days before the closing date for accepting applications for participation in the electronic auction. After this, changes must be made to the unified information system within one day.

That is, if the application deadline is Friday, then the deadline for making changes is Tuesday, and changes must be published no later than Wednesday.

Moreover, if changes to the electronic auction documentation take place, then the deadline for submitting applications will be extended in accordance with Article 63 44 of the Federal Law. That is, if the initial maximum contract price exceeds three million rubles, then the deadline for submitting applications will be extended by at least fifteen days, and if the initial maximum contract price is less than three million rubles, then by no less than seven days.

It is prohibited to change the object of the procurement or in any way change the amount of security for applications.

Deadlines for making changes to documentation

The deadlines for making changes to the procurement provisions must correspond to those specified in Art. 63 44-FZ. The customer can make changes to the auction documentation at least two days before the deadline for submitting applications for participation. Cancellation of a purchase outside the specified time frame is unacceptable.

The customer has one day from the date of the decision to make changes to the auction documentation to place information about this in the Unified Information System. This must be done so that all procurement participants have the full range of up-to-date information about the procurement. At the same time, the deadline for submitting applications for participation in the procurement must be extended.

There must be at least 15 days remaining from the date of posting the changes until the deadline for filing applications, or, if the NMCC does not exceed 300 million rubles, then at least 7 days. The Ministry of Economic Development, in its explanatory letter No. D28i-2837 of 2014, emphasizes that the specified time frame does not include the day of publication of the changes and the closing date for accepting applications for participation.

Increasing the deadline for submitting applications is necessary so that participants make an informed decision about the need for their further participation in the auction, taking into account the latest changes and can make changes to the purchase.

If the basis for making changes to the procurement notice is a request received from the participant for clarification of the documentation, then the following deadlines should be taken into account:

Such requests must be received no later than 3 days before the end of the application period.
The customer is given two working days to prepare and post the report upon request..

One participant has the right to make no more than 3 requests to the customer.

Violation of the deadlines for making changes to the procurement documentation under Art. 63 44-FZ threatens the participant with an administrative fine in the amount of 30 thousand rubles.

Documents prepared by the customer

The customer must prepare the following list of procurement documents (it is drawn up taking into account the provisions of Articles 50, 64, 87 44-FZ):

The notice of its holding, which was drawn up taking into account the requirements of Art. 42 44-FZ.
Notification of amendments made to the procurement documentation (if during the public procurement the customer needs to change some of its provisions).
Draft contract (the customer should note that for certain types of procurement standard contract forms have been developed that are mandatory for use).
Terms of reference for the procurement, which is prepared taking into account the rules for describing the object of public procurement under Art. 33 44-FZ.
Official justification of the initial contract price, or NMCC under Art. 22 44-FZ.
Design and estimate documentation developed during the preparation of construction and contract work.
Protocols on the compliance of received applications with established requirements, final protocols or others (for example, a protocol on refusal to conclude a government contract).

The customer uploads these documents to the Unified Information System (UIS) using the personal account functionality. To publish information, the customer must adhere to strictly established time frames.

Suppliers may contact the customer for clarification on procurement documentation, and the customer is obliged to provide additional information within the established time frame.

Deadlines for making changes

After the corresponding decision has been made, within one working day all changes must be posted in a unified information system. The law requires that the period for submitting applications for participation in an open competition after corrections has been made is not less than ten working days. If at the time of posting changes in the UIS this period is shorter, then it must be brought into compliance with the specified requirement. Deadlines should be extended only for those lots whose documentation has been amended.

What is needed to participate in tenders

Contrary to popular belief, not all tenders are “custom-made”, and not only large companies can win them: the sphere of public procurement is strictly regulated by law. Any company that meets certain criteria can win a competition or auction without prior contact with the customer.

Our company provides tender support.

So, in order to take part in the auction, you need to pay attention to the following points:

knowledge of procurement legislation and processes;
compliance with applicant requirements;
compliance of the auction product with the requirements of the auction organizer;
availability of all necessary documentation, drawn up in the prescribed form;
financial support of the application.

Knowledge of legislation and processes in the field of public procurement. Today, government tenders are regulated by Federal laws:

dated April 5, 2013 No. 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 Law No. 44-FZ);
dated July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Law No. 223-FZ).

Some aspects of the application of these laws are enshrined in additional regulations, which are government resolutions.

The legislation regulates all stages of the tender:

announcement of tenders;
application deadlines and process;
the amount of security for applications and contracts;
conditions for changing or withdrawing an application for participation;
conditions for the customer to provide explanations on the tender documentation;
conditions for opening envelopes (in case of competitions);
general principles for determining the winner;
procedure for appealing the customer's actions;
procedure for concluding contracts.

Simply put, everything you need to know for preliminary acquaintance with the procedure for organizing and conducting public procurement can be found in the laws and regulations.

Compliance with applicant requirements. Requirements for participants are established in Laws No. 44-FZ and No. 223-FZ, as well as other regulatory documents, for example, in Decree of the Government of the Russian Federation of February 4, 2015 No. 99. The law also prescribes what additional conditions the state customer can put forward.

Basically, the requirements are of a general nature, for example, the absence of tax arrears. Additional requirements include certain work experience, etc. In general, the conditions depend on the type of tender. For example, any legal entity that meets the general requirements for participants and provides the necessary package of documents can take part in an open competition or auction. In closed tenders the range of suppliers is limited: as a rule, contractors are invited directly by the customer, since such purchases are often associated with state secrets.

It is worth noting that customers of commercial tenders are not required to strictly comply with the conditions of legislation in the field of public procurement. They have the right to set their own requirements for participants.

Compliance of the bidding product with the requirements of the bidding organizer. The state customer establishes the qualitative and quantitative characteristics of the purchased goods or services, including the country of origin, in accordance with the law. Typically, product requirements are specified in the competition documentation. If the information is insufficient, then the customer can be asked for clarification, which he is obliged to provide.

The contractor must carefully study the documentation and the conditions specified in it, in accordance with the requirements, make his offer to execute the contract. Failure of the product to meet the conditions will result in the application being rejected.

Availability of all necessary documentation, drawn up in the prescribed form. The standard package of documents required to participate in any government tender is prescribed by law. However, the customer may request additional documents without violating the provisions of the law. The standard package, as a rule, includes an application drawn up according to a sample provided by the customer, a proposal for the execution of the contract and documents about the participating company. It is important to complete and submit all documentation correctly. The customer may not pay attention to minor defects, but more serious errors will lead to rejection of the application.

Please note that organizers of commercial tenders may request documents at their discretion.

Financial support for the application or execution of the contract. The law establishes that application security can reach up to 5% of the contract value, and the amount of contract performance security can reach up to 30%. This mandatory condition can be met by paying a deposit or providing a bank guarantee. Which option is most acceptable can only be decided by the participant himself.

Contract amounts are often significant, and collateral involves the withdrawal and freezing of funds from circulation for an extended period of time. Therefore, a bank guarantee is usually considered a more convenient and effective tool for securing an application.

Deadlines for changes to documentation

When making changes to auction documentation, the customer must adhere to the deadlines established by law. Thus, the participant is allowed to submit a tender request to the customer no later than three days before the deadline for submitting applications.

44-FZ indicates that no more than 2 days should remain before the end of the auction to make changes. In this case, regardless of compliance with the specified deadlines, the customer is obliged to extend the validity period for accepting applications from participants.

The extension period depends on the contract price. If the NMCC does not exceed 3 million rubles, then from the moment of making amendments until the end of accepting applications there must be at least 7 days left; if more than 3 million rubles, then the specified time frame is 15 days. According to clarifications of the Ministry of Economic Development dated 2014 No. D28i-2837, these periods do not include the day of publication of changes and the closing date for accepting applications.

The customer also has 1 day to place procurement information in the public domain.

Deadlines

All deadlines for making changes to auction documentation under 44-FZ are strictly regulated.

Art. 63 44-FZ instructs the customer to make amendments no later than 2 days before the deadline for submitting applications for participation.

After making a decision to make the necessary changes, the customer has only 1 day to publish information about this in the Unified Information System.

The process of amending procurement documentation should be accompanied by an extension of the deadline for submitting applications for participation in the upcoming trade procedure.

At the same time, at least 15 days must remain from the time of publication of changes until the time of completion of applications, and for an NMCC not exceeding 300 million rubles, at least 7 days.

According to the letter of the Ministry of Economic Development of the Russian Federation No. D28i-2837 dated December 17, 2014, these periods do not include the day of posting changes to the Unified Information System and the closing date for accepting applications. Extending the deadline for submitting applications contributes to a deeper study of new auction conditions by participants.

In the event that changes are due to a request received from a participant, this process is also regulated by law.

Suppliers, contractors, performers must send their requests no later than 3 days before the deadline for submitting applications. The customer is then given 2 business days to respond to these requests. Each potential participant in future auctions has the right to send a maximum of 3 requests.

Change of notice

Change of notice.

The Customer has the right to make changes to the notice. To make changes to the notice of conduct:

Open competition in electronic form - no later than 5 calendar days before the deadline for submitting applications.
Electronic auction - no later than 2 calendar days before the deadline for submitting applications.
Request for quotes in electronic form – no later than 2 business days before the deadline for submitting applications.

Unfortunately, it is not possible to make changes to the purchase notice from a single supplier.

Documents for participation in an open competition

The application submission procedure is regulated by Article 51 of Federal Law No. 44. The main thing is that the design and content of the documents meet the requirements established in the tender documentation and the notice of an open tender. It also contains information about the deadlines and place for accepting applications.

The application for participation must contain a list of documents. Require from the participant documents not specified in Art. 51 Federal Law No. 44, the customer has no right.

Information and documents about the procurement participant that must be provided as part of the application for participation in the open tender:

- for legal entities - name and company name, actual and legal address with index, TIN of the founders, the person performing the functions of the sole executive body (usually the General Director); for individuals - last name, first name and patronymic, passport details, place of residence and telephone number;

— an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs (for individual entrepreneurs) or a notarized copy thereof; for individuals - identification documents;

— a document confirming the authority of a person to carry out actions on behalf of a participant in an open competition: a decision or protocol on the appointment or election to a position, as well as, if necessary, a power of attorney to carry out actions on behalf of a participant in an open competition;

— documents confirming the compliance of the participating company with the requirements established in the competition documentation (licenses, certificates, declarations, etc.);

— copies of constituent documents;

— decision to approve or complete a major transaction;

— documents confirming the participant’s attribution to institutions and enterprises of the penal system or to organizations of disabled people;

— in case of application of a national regime: documents confirming compliance with such regime;

— documents confirming that the participant belongs to small businesses or socially oriented non-profit organizations if such a restriction is established by the Customer in the notice and documentation of an open competition.

Commercial offer: price of the offered goods (in the case of delivery of goods - price per unit of goods), volume, country of origin;
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 (certificates, quality passports, etc.);
if the contract price in the participant’s proposal is 25% or more lower than the initial maximum contract price, then the participant must provide evidence of good faith, namely copies of previously executed contracts with all attachments, as well as all closing documents for these contracts;
securing an application for participation in the tender: confirmation of the transfer of funds in the form of a payment order or bank guarantee.

All documents must be numbered, stitched, sealed by the company and confirmed by the signature of an authorized person. This means that the participant is responsible for the authenticity of the documents provided.

Procedure for submitting documents

To take part in the competition, companies must attach all documents related to the tender, as well as their inventory, to the application. All papers must be certified by a notary.

Having decided to participate in the tender, the head of the company must submit an application for participation, in which he confirms with his signature that he accepts all the conditions specified in the government contract, as well as the fact that his company does not have tax arrears and is not undergoing a liquidation procedure.
In the event that the customer requests an application for participation in the tender, the head of the applicant company must pay the required amount and attach the relevant documents for participation in the tender to the application. If the application is not secured, the customer will cancel it and the company will not be allowed to participate in the auction. Typically, the amount of cash security can be up to 5% of the amount of the future contract. Therefore, the applicant must be prepared to pay a certain amount to participate in the auction.
All documentation is provided in Russian. If a foreign enterprise submits an application to participate in the tender, then the papers are drawn up in Russian and in the language of the applicant enterprise.
All papers submitted for participation in the tender must be bound and sealed.
The application for participation is submitted in a sealed envelope.
Changes to tender documents are permitted until the submission deadline has expired.
The applicant may withdraw or cancel the application before the filing deadline expires.
If, when checking the documentation, the customer discovers errors or shortages of any document, he has the right to refuse to accept the applicant’s application. Sometimes, when errors are present, but the customer considers them insignificant, the application for participation is accepted.