Everything has its time. Some subtleties of the deadlines for publishing notices and filing applications

1. In the case of an electronic auction, the customer places documentation about such an auction in the unified information system within the time limits specified in parts 2 and 3 of Article 63 of this Federal Law, simultaneously with the placement of a notice of such an auction.

2. Documentation about the electronic auction must be available for review without charging a fee.

3. Any participant in an electronic auction registered in a unified information system and accredited on an electronic site has the right to send, using the software and hardware of the electronic site, to the address of the electronic site where such an auction is planned to be held, a request for clarification of the provisions of the documentation about such an auction. In this case, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the moment of receipt of the specified request, it is sent by the operator of the electronic platform to the customer.

(see text in the previous edition)

4. Within two days from the date of receipt from the operator of the electronic site of the request specified in Part 3 of this article, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from which the specified request was received, provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in such an auction.

5. Explanations of the provisions of the electronic auction documentation should not change its essence.

6. The customer, on his own initiative or in accordance with a request for clarification of the provisions of the documentation on an electronic auction, has the right to decide to make changes to the documentation on such an auction no later than two days before the deadline for filing applications for participation in such an auction. Changing the procurement object and increasing the amount of security for these applications is not allowed. Within one day from the date of adoption of this decision, changes made to the documentation of such an auction are posted by the customer in a unified information system. In this case, the period for filing applications for participation in such an auction must be extended so that from the date of posting the changes to the expiration date for filing applications for participation in such an auction, this period is no less than fifteen days or, if the initial (maximum) price of the contract does not exceed three million rubles, no less than seven days.

Often Customers commit violations when calculating and setting dates the deadline for submitting applications for participation in the electronic auction, thereby limiting the possibility of participation some Suppliers, as on weekends and holidays Operators of electronic platforms do not consider applications for accreditation, and Banks do not credit funds to a personal virtual account intended for securing applications.

According to clause 3, part 1, art. 64 of the Federal Law of 04/05/2013 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 Law N 44-FZ) documentation on the electronic auction (hereinafter also referred to as the auction) along with with the information specified in the notice of such an auction, must contain the date and time of the deadline for filing applications for participation in such an auction.

In accordance with parts 2, 3 of Art. 63 of 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”, the customer places a notice of an electronic auction in the Unified Information System at least 7 days before the date the deadline for submitting applications for participation in such an auction. If the initial (maximum) price of the contract (lot price) exceeds 3 million rubles, - no less than 15 days before the deadline for filing applications for participation in such an auction. 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 of posting a notice of its holding until the date and time of the deadline for submitting applications for participation in such an auction provided for in the documentation for such an auction (Part 7, Article 66 of Law No. 44- Federal Law).

The above provisions of the Law do not specify whether these are working days, weekends or non-working holidays. However, in some cases, the norms of Law No. 44-FZ contain an indication that working days are included in one period or another (for example, Part 11 of Article 31, Part 1 of Article 36, Parts 4-6 of Article 37, Part 6, Art. 44).

Based on the above, we can conclude - if Law No. 44-FZ does not clearly define whether it is a working day, then the days are calculated in calendar days.

For customers, when posting a notice, necessary be guided by the provisions of the civil legislation of the Russian Federation, since in accordance with Part 1 of Art. 2 of the Law on the Contract System, the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs is based, among other things, on the provisions of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In the Civil Code of the Russian Federation, the rules for calculating deadlines are established in Chapter. 11 (art. 190-194). Namely, when setting the deadline for submitting applications for participation in the auction, it is necessary take into account the rule of Art. 193 Civil Code of the Russian Federation, according to which, if the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it.

For example, if a notice of an electronic auction with a contract price of less than 3 million rubles is posted on the official website (www.zakupki.gov.ru) on 07/07/2017, the deadline for filing applications should be set no earlier than 07/17/2017.

Controlling and judicial authorities, also take the position that the application deadline should end on a business day. These decisions are reflected in:

• Resolution of the Fifth Arbitration Court of Appeal dated April 2, 2014 in case No. A51-25627/2013
• Resolution of the Fifth Arbitration Court of Appeal dated September 28, 2015 No. 05AP-7045/2015 in case No. A51-5132/2015
• Decision of the Arbitration Court of the Republic of Mari El dated October 28, 2014 in case No. A38-4158/2014
• Resolution of the Fourteenth Arbitration Court of Appeal dated March 11, 2016 in case No. A05-12389/2015

OUTPUT EXPERT"a

Based on the above positions on the application of the Law on the Contract System and the Civil Code of the Russian Federation, Judicial practice, we can conclude:

installed Customer date and time application deadline to participate in the electronic auction must not occur outside of working hours However, the acceptance of applications may consist mainly of non-working days (decision of the Tambov OFAS Russia dated May 21, 2013 in case No. RZ-91-108/13). The Customer's reduction of the specified deadlines for submitting applications violates the rights of potential Suppliers (contractors, performers) and affects the results of the electronic auction, and violation of the provisions of Law No. 44-FZ and the provisions of the Civil Code of the Russian Federation risks bringing the Customer's officials to administrative liability.

Under electronic auction period according to 44-FZ, they mean the period of time allotted for each stage of the procurement. Let's take a closer look at how many stages there are and within what timeframes, according to the law, they must take place.

If the NMCC is less than or equal to 3 million rubles, then the minimum time for concluding a contract 21 day.

If the NMCC is more than 3 million rubles, then the minimum time for concluding a contract 29 days.

1. The very first step in organizing an electronic auction is posting a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMCC: if it exceeds 3 million rubles, then the notice must be posted for 15 days(or more) until the closing date for applications. If the amount is 3 million rubles. and less - then for 7 days(or more).

2. There are times when it is necessary to make changes to the notice or documentation itself. The customer has time for this, but 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 from the date of changes in the case of NMCC more than 3,000,000 rubles, and up to 7 days from the date of changes if the contract price is less than or equal to 3,000,000 rubles.

3. If the customer decides to refuse to conduct procurement electronically, he can do so no later than 5 days before the end of applications.

4. A participant may submit a request for clarification of auction documentation, but no later than 3 days before the end of 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 applications submitted by participants. It is no more than 7 days after the deadline for submission. According to the changes that came into force on July 1, 2018, if the NMCC is less than or equal to 3 million rubles, then the period for consideration of part 1 should not exceed 1 working day. 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.

7. Then the deadline for the auction under 44-FZ comes, this business day following the expiration of two days from the date of consideration of the first parts.

For example, if applications were reviewed on Friday, then the electronic auction will be on Monday, because two days have passed since Friday (Saturday and Sunday), and the working day following these two days is Monday.

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. Review of 2 parts of the application must take place on time 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. From the date of publication of the final protocol in which the winner is determined, within 5 calendar days The customer sends him a draft contract in the winner’s personal account.

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, then three days given to the customer to study and publish a modified 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. Over the next 3 working days, after 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 confirming 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 during the auction, violations were identified on the part of the customer or the operator of the electronic platform, the participant has 10 days from the date of the final protocol (i.e. from the moment the winner is determined) in order to send a complaint to the FAS.

Timing of the electronic auction - table

You can learn about all the timing and features of each stage of the electronic auction 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.

These are the main stages and terms of the auction under 44-FZ, held in electronic form on the ETP of the federal operator. 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.

If you cannot afford to spend time studying and further monitoring changes in legislation, then contact the RusTender company, our tender specialists are always up to date with the latest changes and regulations of the 44-FZ law, they will quickly and completely answer all your questions, regarding participation in the auction.

OOO ICC"RusTender"

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OTS.ru provides the possibility of automatically extending the deadline for submitting applications for a period specified by the organizer.
To do this, at step 3 of creating the procedure, you must tick the “Automatic extension of the application submission period” checkbox, as well as indicate the extension condition and the time for which the application submission period will be extended.

The following options for renewal conditions are provided:

1. If one application is submitted or none is submitted. An option to extend the deadline for submitting applications by a number of calendar days established by the organizer of the procedure in the event that by the end of the deadline for submitting applications either no applications have been submitted or only one application has been submitted. The number of calendar days by which the deadline for submitting applications is extended is set by the organizer in the field “Time for extending the procedure

(in days)” of the “Time limits and explanations” subsection of the “Publication of a new procedure” form. This extension condition is only available for the request for quotations procurement method.

By default, auto-renewal is set to 4 calendar days.

2. If 1 application has been submitted or no application has been submitted, there is an option to extend the deadline for submitting applications by the number of working days established by the organizer of the procedure in the event that by the end of the deadline for submitting applications either no applications have been submitted or only one application has been submitted. The number of working days by which the deadline for submitting applications is extended is set by the organizer in the field “Time for extending the deadline for the procedure (in days)” of the subsection “Deadlines and explanations” of the “Publication of a new procedure” form.

By default, auto-renewal is set to 4 business days.

3. If the application for participation is submitted M minutes or less before the end of the application submission period established in the notice. By default, auto-extend (N) is set to 30 minutes. The number of minutes by which the deadline for submitting applications is extended is set by the organizer when publishing a new procedure in the “Time for extending procedure deadlines (in minutes)” field of the “Deadlines and Explanations” subsection.

If the application for the procedure was submitted within the last M minutes before the deadline for submitting applications, then the time for submitting applications is automatically extended for the specified period. This extension can occur an unlimited number of times as long as the interval between the time of submission of the last application and the deadline for filing applications is less than M minutes. Otherwise, auto-renewal does not occur and the submission of applications is completed, the lot goes into the “Opening access” status.

Notes:
1. M - Time until the end of applications (in minutes);

N - Time to extend the procedure (in minutes).

2. The automatic extension of the deadline for filing applications cannot exceed the date of consideration of applications.

3. According to the Civil Code, Art. 191 and the Federal Law “On the Calculation of Time,” the calculation of deadlines in calendar days begins from the next day. That is, when you set the “Auto-extend application deadline” parameter, the counting period will begin on a new calendar day.

4. The closing date for applications cannot fall on a weekend. If the renewal deadline falls on a weekend, it is automatically extended to the next business day.

Attention! A change by a participant to a previously submitted proposal less than M minutes before the deadline for submitting applications is a sufficient condition for the automatic extension to be triggered.
Keywords:
extend, renewal, submission deadline, automatic, automatic, auto-renewal

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Scientific director of the Interregional Institute of Continuing Education, actual state adviser of the Russian Federation, 2nd class, Doctor of Historical Sciences, Professor

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