Auction dates for Federal Law 44 in the table
If the NMCC is less than or equal to 300 million rubles (and in the case of construction, reconstruction, and major repairs of capital construction projects is less than or equal to 2 billion rubles), then the minimum time for purchasing and concluding a contract is 19 days.
If the NMCC is more than 300 million rubles (and in the case of construction, reconstruction, and major repairs of capital construction projects more than 2 billion rubles), then the minimum time for purchasing and concluding a contract is 26 days.
Electronic auction application deadlines
Often, suppliers have questions about whether it is necessary to register on all electronic platforms, or whether this action can be performed when an interesting auction appears on some site.
The ETP operator has 5 days to review documentation eligible for accreditation. This is evidenced by Part 4 of Article 61. It is recommended to submit an application for the auction in advance, and not at the last moment. The thing is that there is a big risk associated with delays due to technical failures.
The customer's rights include making amendments to the auction documentation. But changes can only be made if there are at least 2 days left the deadline for submitting applications
According to Part 6, Article 55 44 of the Federal Law, it is possible to take action to increase the time for submitting applications. As soon as the action to place a change is completed, this procedure may refer to a time frame that includes 15 days for an NMCC of more than 3 million rubles, as well as 7 days for a NMCC of less than 3 million rubles. How to take part in an electronic auction step by step, see this article.
Deadlines for filing applications for an electronic auction under 44-FZ
1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. The deadline for submitting applications for the electronic auction varies depending on the amount of the NMCC: if it exceeds 300 million rubles. (and in the case of construction, reconstruction, and major repairs of capital construction projects exceeds 2 billion rubles), then the notice must be posted 15 days (or more) before the deadline for accepting applications. If the initial price is 300 million rubles. and less (or less than 2 billion rubles in the case of construction work) - then in 7 days (or more).
2. There are times when it is necessary to make changes to the notice or documentation itself. For this purpose, electronic auctions under 44-FZ provide for the following deadlines: no later than 2 days before the deadline for accepting applications.
And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days and up to 7 days, respectively.
3. If the customer decides to refuse to hold the auction, he can do this no later than 5 days before the deadline for accepting applications.
4. The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting applications. The customer must publish the response within 2 days from the receipt of this request.
5. A participant in an electronic auction can change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the established period, his first part of the application will be considered and, if it is consistent, the participant will be admitted to the auction, but he has the right not to submit price proposals.
6. The next stage is the consideration of the first parts of the applications submitted by the participants. It is 1 business day after the deadline for submission if the contract price is less than or equal to RUB 300,000,000. (in the case of construction work, 2 billion rubles or less).
In all other cases, the period for consideration of the first parts of applications is 3 working days . During this period, applications that do not meet the requirements for the composition of the first part of the application specified in the documentation are eliminated.
At the same time, a protocol for considering the first parts of the application is sent to the operator of the electronic trading platform, where procurement takes place, and the data is placed in the Unified Information System.
However, if the documentation includes design documentation, then the deadline for submitting applications is also the deadline for reviewing the first parts of applications. In other words, if a participant submits an application to participate in such an auction, it is automatically considered accepted.
7. Then the deadline for the auction under 44-FZ comes, this is the working day following the end date for consideration of the first parts.
For example, if applications were reviewed on Friday, then the electronic auction will be on Monday, because after Friday the next working day is Monday.
If project documentation is included as part of the documentation, the auction takes place 4 hours after the end of applications.
8. After this, it is necessary to announce the protocol of the auction. This information is posted on the electronic procurement platform within 30 minutes after the completion of the last bidding phase, and the protocol is sent to the customer within 1 hour, along with the second parts of the applications, after publication on the ETP.
9. Consideration of 2 parts of the application must take place within no more than 3 working days from the moment the protocol on the electronic auction is posted on the site. The final protocol, drawn up after consideration of the second parts of the applications, will determine the winner of the purchase.
10. Within 5 calendar days from the date of publication of the final protocol in which the winner is determined, the customer sends him a draft contract in the winner’s personal account.
Deadlines for signing a contract under 44-FZ in an electronic auction
11. Within 5 calendar days after receiving the draft contract from the customer, the winner must sign the contract on his part, attaching a document confirming the execution of the contract, or send the customer a protocol of disagreements.
12. If a protocol of disagreements has been sent, the customer is given 3 days to study it and publish an amended version of the contract. If the contract is posted without changes, then the customer must justify the refusal of the participant’s proposed changes.
13. Within the next 3 working days, after the publication of the revised (or the same) version of the contract, the winner is obliged to sign the contract on his part, attaching a document securing the execution of the contract.
14. The customer must sign the contract within 3 working days after the winner does so. From this moment the contract is considered concluded.
Please note that the contract cannot be concluded earlier than 10 days from the date the winner is determined, i.e. placement of the final protocol.
15. If the participant’s application was rejected in the first / second part or violations were discovered during the auction on the part of the customer or the operator of the electronic platform, the participant has 5 days from the date of the final protocol (i.e. from the moment the winner is determined) to send a complaint to the FAS.
You can learn about all the timing of the electronic auction and its features in our training course “Government Order”. RusTender employees have specially collected all the necessary information, supported by their own experience of participation, thanks to which you will be able to successfully participate in government procurement and receive contracts.
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These are the main stages and terms of the auction under 44-FZ, held electronically on the ETP of federal operators. All time characteristics given in the text are current at the time of writing. To always keep abreast of the latest changes, follow the norms of the legislation of the Russian Federation.
These are the main stages and terms of the electronic auction under 44-FZ, reflected in a tabular schematic form. All time characteristics given in the text are current at the time of writing. To always keep abreast of the latest changes, follow the articles on our website and subscribe to our news!
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Deadlines for procurement procedures under 44-FZ
As you know, large-scale changes made to procurement legislation came into force on July 1, 2021. Among other things, the timing of individual stages of procurement procedures has also changed. Experts of the Credit and Insurance Agency bring to your attention information on the timing of procurement procedures under Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services for state and municipal needs”, taking into account the changes made. For ease of use, the information is presented in the form of tables and contains links to articles of the law regulating the timing of each stage of the procurement.
The Credit Insurance Agency offers procurement participants under 44-FZ, 223-FZ, 185-FZ assistance in obtaining bank guarantees, credits and loans. Our credit experts will assess the financial condition of your company and offer the most favorable lending conditions from more than 50 partner banks. We get 9 out of 10 applications approved! We will help you collect documents and complete the application.
Assess in advance the possibility of obtaining a loan to secure an application or a bank guarantee to secure the execution of a contract. Contact our experts or leave a request on the website.
Experts from the Credit and Insurance Agency recommend that procurement participants pay special attention to the time frame allotted for concluding a contract. Let us explain why this is very important. Let's assume that your company has won the procurement procedure. Congratulations! But a necessary condition for concluding a contract is the provision of security for its execution in the form of a bank guarantee or cash.
Perhaps your company has free funds that could be frozen in the customer’s account for the entire duration of the contract. If you think that withdrawing funds from circulation for a long period of time is not the best option, then the only way out of the situation is to provide security in the form of a bank guarantee. You will have to obtain a guarantee from a bank that has the required level of credit rating and is on the corresponding list of the Ministry of Finance. And the time allotted for receiving and providing the customer with a bank guarantee is limited by the terms of the contract. We should not forget that to obtain a guarantee you will need not only to choose a bank, prepare an application and collect the necessary package of documents, but also to undergo the necessary checks, respond to requests from bank specialists, wait for a decision, and agree on the text of the guarantee with the customer. What should you do if the bank you have chosen refuses to provide a guarantee due, for example, to the fact that the subject of purchase or the region where the work will be performed are stop factors for this bank. Should I urgently run to another bank and start all over again?
Experts at the Credit Insurance Agency recommend taking care in advance of the possibility of obtaining a bank guarantee to ensure the execution of the contract. This can be done at the stage of preparing an application for participation in the procurement procedure by contacting a brokerage company, for example, our agency.
Specialists of the Credit and Insurance Agency will analyze the financial condition of your company, its experience in participation in procurement, procurement documentation and select suitable banks. Since the agency is the official representative of a large number of banks, our services will be free for you. For regular participants in procurement procedures, it is possible to set a limit on bank guarantees.
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