Can the customer set the auction step. Open auction rules
We have already written about the rules of the electronic auction, its intricacies and the preparation of the first part of the application. In this article, we will remind you about working on electronic trading platforms (ETP):
- The first price reduction is possible only within the “auction step”
- The second and subsequent offers either reduce the current minimum price within a “step”, or they are within the range from the current price to the initial maximum.
- A participant may not submit a proposal that is greater than or equal to his previous proposal.
- You cannot submit an offer equal to zero.
- A participant cannot “play with himself,” that is, reduce the current price if it was proposed by this participant.
- You are given 10 minutes per step. The auction duration automatically increases by 10 minutes when any bidder offers a better price. Therefore, the remaining participants always have time to think about their next step.
Participants whose first parts of applications are accepted for participation enter the ETP auction hall on the appointed day and time. Trading takes place in real time: for example, if ETP scheduled trading for 15:30 Moscow time, then suppliers from Novosibirsk will start participating at 19:30.
The auction step is from 0.5% to 5% of the NMC. For example, if the NMC is 1,000,000 rubles, you can submit a price in the range from 5,000 to 50,000 rubles. The interface of all ETPs is different, but understandable. Everywhere there are buttons for submitting the minimum and maximum prices. By pressing one button, you can walk in standard steps of 0.5%. On the most popular site, Sberbank-AST, there is a scroll to select a price.
You can make any step from the range from 0.5% to 5% (for example, 13,929 rubles), if the following conditions are met:
If a competitor switches gears
Reduces price quickly and aggressively
The participant takes his step instantly (5-10 seconds) after his competitor’s step with a maximum step size of 5%. Thus, he makes it clear that there is nothing to think about, he is aimed at winning. An inexperienced competitor may stop the decline because he will consider that there is no point in fighting and will leave the auction room. It can work extremely rarely and only with the most inexperienced participants.
Wears down competitors
The participant takes a step each time in the last seconds (10-30 seconds before the end of the step time). Thus, the auction may be delayed for a long time. Steps in this tactic are always made with a minimum step size of 0.5%.
Uses combined tactics
For example, at the initial stage, a participant may choose a slow tactic, and then use an aggressive one, then switch back to a slow one. This will confuse competitors; inexperienced participants, seeing a sharp drop in price, may refuse to participate in the auction.
What to do?
If you notice a competitor using one of these schemes, don't worry. The counter-strategy here is as simple as possible - calmly go to your minimum price, regardless of the actions of your opponents.
If you feel that participation in the auction may take a long time (for example, you used to sit for 5 hours in similar auctions) and you cannot afford to sit at the computer for a long time, put the robot to participate with a minimum price set in advance - this can be done a day before the start auction So far, this opportunity is only available on Sberbank-AST and RTS-Tender.
You can also contact bidding support specialists who will participate in the bidding for you and go down to the price you set.
If a competitor offers a round price
Perhaps one of the most frequently used scenarios. Imagine, there is a struggle, the reduction is already 30-40% from the NMC and we understand that we and our competitor are close to the threshold for submitting the last price proposals and the outcome can be decided by one reduction. And then the competitor puts an even figure, it looks like this:
For some participants, the price is calculated approximately and rounded to a certain figure, below which the competitor is no longer ready to reduce. In our work during auctions, we often come across the fact that the head/commercial director of a company says: “in this auction we are going down to eight hundred thousand rubles,” since many simply do not want to waste time calculating the flat price of the reduction and say “by eye” .
What to do?
After this, the best option would be to make another standard reduction of 0.5% from the competitor’s “flat” price. Of course, this does not mean that you will win with the next step, however, sometimes it really works. Also try to calculate your minimum price to the nearest ruble, so that with your rounded figure you don’t give your competitor a reason to think that you have reached the minimum.
conclusions
There is no secret method in an electronic auction that is guaranteed to lead you to victory. However, you must always be attentive, be able to correctly interpret the actions of other participants, notice the time of submission of price proposals and the size of competitors’ steps.
Determine in advance your price to which you are willing to go down during the auction.
During the auction, do not get carried away, trying to win the purchase at any cost. In our practice, we have encountered cases when a client gets excited and it doesn’t matter to him at what price to beat a competitor. The consequences can be negative: working at zero or in the red, or avoiding signing a contract, since the contract cannot be fulfilled for the amount offered.
Don't be afraid to use a robot to participate in electronic auctions.
The recipe for victory is to be able to offer a price lower in the auction than your competitors.
In this section we will try to show in detail and reveal all the issues that may arise when participating in tenders. This article will be of interest primarily to those who are just starting to think about participation in tenders. We will try to figure out together what steps need to be taken at the very beginning. And is it worth trying to participate in tenders at all?
If you are a supplier and participate in tenders, then sooner or later you will need remove protection frompdf file. In this article, we will look at the reasons that force customers to install protection and, accordingly, ways to remove protection frompdf file to save your time and speed up the proposal preparation process.
After you have decided that your company needs to take part in the auction, you must select the sites where you plan to participate in the auction. Types of electronic platforms. Conventionally, ETP can be divided into...
Greetings, dear readers.
We continue the series of practical articles in the “Tender Management” section. And today we will understand the competitive cuisine, we will try to find out everything about participation in competitions. Let's look at what an application for a competition is, we'll look in detail at what specific documents need to be attached to the competition, in addition, I will share with you my work and experience in preparing the application.
The application review protocol is a comprehensive document that allows the supplier to find out how the participant’s application was assessed. Let's consider the main points and features, as well as the differences between documents such as the protocol for considering applications for participation in a competition, in a request for quotations, in an auction. In the article, we will also consider in detail the cases in which a protocol for considering a single application is drawn up, and we will also consider an example of a sample protocol.
In addition to the five federal platforms, another electronic platform, the Russian Auction House, has been added, on which customers now have the opportunity to place electronic auctions. In the article you can find out more about this electronic platform.
So, you have decided to become a participant in commercial tenders or government procurement. What is needed for that?
Let's consider two options. The first option is to participate in procurement without preliminary financial investments, or in other words, for free. The second option involves some cash costs.
Hello colleagues. In touch, Andrey Pleshkov is the founder of the Tenderoviki.ru project, and today, with the help of this article, we will understand the features of drawing up a declaration of conformity when preparing an application for a tender. First, let's understand what is meant by a declaration of conformity. A declaration is a confirmation, a statement of compliance with certain requirements. That is, you draw up a document in which you write that you meet the requirements and list them. In the documentation, the customer can establish the form of such a declaration must be filled out and included as part of the application for participation in the tender.
Hello, dear readers. The topic of today's article is related to such a specialty as a tender specialist. There are various variations of the names of such a position, for example, tender manager, tender manager, auction manager, competition manager, but the essence remains the same. The main activity is preparing applications for various tender procedures on the part of the supplier. This specialty became popular and in demand relatively recently, after 94-FZ “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs” came into force in 2005. This law created certain conditions under which tenders began to be used everywhere in procurement for government needs. In 2013, 8 years later, 94-FZ was replaced by 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
The classic auction in the traditional form with a hammer has given way to an electronic auction. At the same time, the concept of “auction step” was preserved. The Federal Law on the Contract System No. 44-FZ clearly defines the above term: “The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) ranges from 0.5 percent to five percent of the initial (maximum) contract price.” (Part 6 of Article 68 44-FZ).
In accordance with Federal Law No. 44-FZ, the maximum time interval between participants' proposals is 10 minutes. If during this time no offers are received, then the auction is considered completed.
There are several tactics for submitting an offer. For example, you can spend the first 10-20 minutes watching competitors who have started trading. During the electronic auction, you can see how each participant behaves. Some participants prefer to take the minimum auction step (0.5% of the initial maximum contract price (IMCP)) and wait until the last seconds to take a step again. Others prefer more active actions - quickly submit their price proposals and (or) take the auction step with a significant price reduction (more than 0.5% of the NMCC).
After observing the development of trading, we can draw a conclusion about the number of key participants in the electronic auction, as well as their behavior and tactics. Of course, there are “gray schemes” of trading. For example, an auction involves two key participants and two dummies. Two dummy participants in the electronic auction reduce the price as much as possible, after which the auction ends. After submitting the last offer, each participant in the electronic auction has the right to submit his own price offer within 10 minutes, which cannot be higher than the last bid. Thus, one of the key participants, who was in cahoots with two fake players, submits his price proposal with a slight drop. When considering the second parts of the applications of the first two dummy participants in the electronic auction, the commission is obliged to reject their applications for non-compliance with the requirements of Federal Law No. 44-FZ. That leaves two key players. As a rule, a participant in an electronic auction who did not participate in the “gray scheme” does not submit a price proposal and leaves before the end of the electronic auction, because sees a big price drop. In most such cases, the key participant in the electronic auction, who was in collusion, is declared the winner.
Experienced e-auction participants always observe the start of the e-auction without interfering. And after 20-30 minutes of trading, they can determine that there are fake participants among the participants in a particular electronic auction. The auction step (its size) of each participant in an electronic auction can provide a good hint for winning tactics.
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An electronic auction is a rather complex method of procurement, which requires the customer to perform a number of sequential actions within the time period established by Law No. 44-FZ. In this article we will talk about each stage of the electronic auction and the timing.
The School of Electronic Trading provides professional retraining for suppliers and customers in accordance with 44-FZ and 223-FZ. Online, with experts.
In Law No. 44-FZ, an electronic auction is understood as a method of determining a supplier (contractor, performer), in which bidding is held on a special website (electronic platform), and the winner is the one who offers the lowest contract price.
For clarity, we will divide the procedure for conducting an electronic auction into a number of stages and consider the timing of each of them.
1. Placing a notice of an electronic auction and documentation in the Unified Information System (UIS).
In order to communicate information about the purchase to an unlimited number of people, the customer places a notice of the auction in the Unified Information System.
The minimum deadlines for posting a notice in the Unified Information System are established by Law No. 44-FZ, depending on the initial (maximum) contract price (NMCP). Thus, for NMTsK not exceeding 3 million rubles, a notice must be placed no less than 7 days before the deadline for submitting applications for participation in the electronic auction, with NMCC exceeding 3 million rubles. - no less than 15 days.
Law No. 44-FZ does not establish a special procedure for calculating deadlines. In turn, Article 191 of the Civil Code of the Russian Federation provides that the period defined by the period begins the next day after the calendar date or event that determines its beginning.
A notice of an electronic auction should be placed so that the period between the day the notice is posted and the closing date for filing applications is at least 7 (15) calendar days.
The Ministry of Economic Development of Russia adheres to a similar position (letter dated August 28, 2015 No. OG-D28-11486).
Customers should be very careful about the timing of posting a notice of procurement, since for shortening the deadline for submitting applications, a fine of 30 thousand rubles may be imposed on the customer's official. (Part 8 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation). In this case, the electronic auction can be canceled by order of the control body.
2. Placement in the Unified Information System of clarifications of the provisions of the documentation on the electronic auction.
Clarifications of the documentation must be placed in the UIS within 2 days from the date of receipt of the participant’s request from the operator of the electronic platform.
Moreover, if a request comes later than 3 days before the deadline for submitting applications, the customer must not respond to such a request. If the last day of the deadline for the customer to receive a request falls on a weekend, the end date of this period is the next working day (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882).
3. Making changes to the notice of an electronic auction or auction documentation.
The customer can make a decision to make changes to the purchase notice or auction documentation no later than 2 days before the deadline for submitting applications for participation in the auction. The text of changes must be placed in the UIS within 1 day from the date of adoption of the said decision.
When making changes, you must ensure that there are at least 7 days, and with NMCC more than 3 million rubles. - at least 15 days. If necessary, the deadline for submitting applications is extended.
4. Refusal to conduct an electronic auction.
You can cancel the auction no later than 5 days before the application deadline. After the expiration of this period (and before the conclusion of the contract), the auction can be canceled only if a force majeure circumstance occurs.
5. Consideration of the first parts of applications for participation in the electronic auction.
Not later 1 working day, following the deadline for submitting applications for participation in the auction, the operator of the electronic platform sends the first parts of applications to the customer. The auction commission is obliged to check the received applications in order to determine the persons admitted to participate in the auction.
The first parts of applications for participation in an electronic auction must be considered within the period established in the notice and documentation about the auction, which cannot exceed 7 calendar days from the closing date for applications.
The protocol for consideration of applications must be sent to the operator of the electronic platform and posted in the Unified Information System no later than the deadline for consideration of applications.
6. Determination of the winner of the electronic auction.
An electronic auction is held on an electronic platform on the day and time specified in the notice of the electronic auction. The start time of the auction is set by the operator of the electronic platform. The day of the electronic auction is the working day following the expiration 2 days from the date of expiration of the period for consideration of the first parts of applications for participation in such an auction.
After the start of the auction, the time limit for submitting price proposals is 10 minutes. This time is automatically extended after the next proposal from one of the participants. After the specified main time has expired, within another 10 minutes, each participant can submit another price proposal (not lower than the last proposal for the minimum contract price).
7. Consideration of the second parts of applications for participation in the electronic auction.
The second parts of applications are sent by the operator of the electronic platform to the customer within 1 hour after posting the protocol of the electronic auction on the electronic platform.
The second parts of applications for participation in the electronic auction must be considered within 3 working days from the date of posting the protocol of the electronic auction on the electronic platform. The protocol for summing up the results of the auction is published in the Unified Information System no later than 1 working day, following the date of its signing.
8. Conclusion of a contract with the winner of the electronic auction.
The customer is obliged to place in the Unified Information System a draft contract with the included conditions for its execution proposed by the winner of the electronic auction within 5 calendar days from the date of posting on the electronic platform and in the Unified Information System the protocol for summing up the results of the electronic auction.
If the winner of an electronic auction places a protocol of disagreements in the Unified Information System, the customer is obliged to consider and take into account the winner’s comments (or refuse to take these comments into account) within 3 working days after posting the protocol of disagreements in the EIS (on an electronic platform).
If the winner sends a protocol of disputes after 13 days After the protocol for summing up the results is posted in the Unified Information System, there is no need to reconcile disagreements. In this case, the winner of the electronic auction is recognized as having evaded concluding a contract.
After the draft contract signed by the winner of the electronic auction is posted in the UIS (on the electronic platform), the customer is obliged to sign it if the winner has provided adequate security for the execution of the contract.
It is advisable to check the provided security immediately after the provision of security by the winner of the electronic auction. If a bank guarantee is presented as collateral, the customer must review it within no more than 3 working days from the date of receipt.
The customer must sign the contract within 3 working days from the date of placement in the EIS (on the electronic platform) of the draft contract signed by the winner, but not earlier than 10 calendar days from the date of posting in the UIS (on the electronic platform) the protocol for summing up the results of the electronic auction.
It is worth considering that if the last day of the deadline for signing the draft contract by the winner is a non-working day, then the winner has the right to sign the contract on the first of the following working days. This conclusion is based on the provisions of Article 193 of the Civil Code of the Russian Federation and is supported by the Ministry of Economic Development of Russia (letter dated June 1, 2015 No. D28i-1449).
If the winner of an electronic auction is recognized as having evaded concluding a contract, the customer is obliged to send the draft contract to the second participant no later than 10 calendar days from the date the auction winner is recognized as having evaded, and also no later than 3 working days from the date of conclusion of the contract with the second participant, send information about the winner who evaded concluding the contract.
In order not to get confused in the main deadlines provided for by Law No. 44-FZ, we suggest you use the table below:
| No. | Auction stage | Control dates | Article in the Law No. 44-FZ |
|---|---|---|---|
| Placing notices and documentation in the UIS | For NMCC, ≤ 3 million rubles, - no less than 7 days | Part 2 of Article 63 | |
| With NMCC > 3 million rubles. - no less than 15 days | Part 3 of Article 63 | ||
| 2. | Placing clarifications of documentation provisions in the UIS | During 2 days from the date of receipt of the participant’s request | Part 4 of Article 65 |
| 3. | Making changes to notices and documentation | No later than 2 days before the application deadline | Part 6 of Article 65 |
| 4. | Refusal to hold an auction | No later than 5 days before the application deadline | Part 1 of Article 36 |
| 5. | Review of the first parts of applications | No more 7 days from the application deadline date | Part 2 of Article 67 |
| 6. | Conducting an electronic auction | The business day following the expiration of 2 days from the deadline for consideration of the first parts of applications to participate in the auction | Parts 2, 3 of Article 68 |
| Submission of price proposals - 10 minutes(automatically renewed after the next offer) | Part 11 of Article 68 | ||
| After regular time for another 10 minutes the participant can improve his price offer | Part 12 of Article 68 | ||
| 7. | Consideration of the second parts of applications | N more than 3 working days from the date of publication of the protocol of the electronic auction | Part 5 of Article 69 |
| 8. | Conclusion of a contract with the winner | The draft contract is posted within 5 days from the date of publication of the protocol for summing up the results of the electronic auction | Part 2 of Article 70 |
| Consideration of the winner's comments - within 3 working days after posting the protocol of disagreements in the EIS | Part 5 of Article 70 | ||
| Verification of collateral when providing a bank guarantee - no more than 3 working days from the date of receipt | Part 5 of Article 45 | ||
| Signing of the contract by the Customer - within 3 working days from the date of placement in the EIS of the draft contract signed by the winner, but not earlier than 10 days from the date of placement in the Unified Information System of the protocol for summing up the results of the electronic auction | Parts 7, 9 of Article 70 | ||
| The winner is declared to have evaded - no later than 10 days the customer sends the draft contract to the second participant | Part 14 of Article 70 | ||
| Submission of information for inclusion in the RNP - no later than 3 working days from the date of conclusion of the contract with the second participant | Part 4 of Article 103 |
The notice must contain:
- Electronic platform website address
- Closing date for consideration of applications
- Date of auction (working day only)
- Application security amount
- Benefits for suppliers, such as small businesses
- Requirements for the supplier of goods, work, services
- Comprehensive list of documents
- Restrictions for foreign goods and legal entities
The documentation must contain:
- Name and description of the purchase
- Description of the terms of the contract, signing period
- Requirements for a participant's application
- Expiration dates for submission, consideration of applications and holding of a trading session
- Amount and terms of contract security
- Information about the responsible person of the customer, contact details
- The procedure for the customer to explain the provisions of the documentation
- Draft contract
The documentation cannot contain requirements for the design and form of the application.
Request for clarification on the electronic auction under 44-FZ
If you find errors, contradictions or inaccuracies in the documentation, then no later than 3 days before the deadline for submitting applications, you can submit a free-form request for clarification of the provisions of the auction documentation in the form of a file signed with an electronic signature on the trading platform.
Otherwise, the customer is obliged to make changes to the documentation, publish new editions and reset the deadline for submitting applications. This is common, so don't be afraid to ask questions, especially since it's anonymous.
If the response to a request for clarification is not complete or formal, submit your request again. You can send three requests for one auction under Federal Law-44. Clarifications should not change the essence of the documentation or contradict it.
Application for an electronic auction under 44-FZ
To participate in the auction under 44-FZ, you need to submit an application and attach documents in your personal account on the electronic platform.
The electronic auction under 44-FZ is structured in such a way that the participant first contributes security for the application, then the contract (in case of victory).
If you do not conduct a thorough analysis and miscalculation of the purchase, you can lose money and end up on the register of unscrupulous suppliers. Therefore, study the documentation well.
Securing the application of an electronic auction participant under 44-FZ
The customer is obliged to establish security for the application under 44-FZ. In an electronic auction it can only be monetary.
How does the electronic auction work under 44-FZ?
On the first working day after the expiration of 2 days from the date of consideration of 1 part of the applications, the trading platform conducts an electronic auction under 44-FZ (trading session). The procedure is given in Article 68 of Federal Law-44.
The electronic auction begins on a business day according to the local time (time zone) of the customer. According to the supplier's time, this could be early in the morning or late at night and cover the weekend.
On average, an electronic auction under 44-FZ lasts from 1-2 hours. Sometimes trading lasts for 10 hours or more.
The auction under Federal Law 44 is held by reducing the starting price. The acceptable range of price reduction is called the auction step. The minimum step is 0.5%, and the maximum is 5%.
The time for submitting the next price proposal is 10 minutes, so if you have experience and steely nerves, you will have time to be distracted by a cup of coffee, and your competitors will be nervous.
Sometimes it happens that participants in the electronic auction 44-FZ want to get a contract at any cost. If the price drops to 0.5% of the maximum, then bidding begins to increase the price for the right to enter into contact with the customer. That is, the winner will also pay the customer himself (and this is legal and is not considered bribery).
The limit of such generosity is limited to 100 million rubles.
A similar calculation is used by bidders for design and development of technical specifications, when the winner plans to win at the second stage and earn much more than they invested.
After 10 minutes have passed from the last offer, the trading session... continues! Other participants can improve their offers and bring them closer to or equal to the winning price.
Additional submission in the electronic auction under 44-FZ lasts for another 10 minutes after the last offer is received.
The electronic trading platform publishes the protocol of the auction within half an hour from the moment of its completion. Then, within an hour, the operator of the electronic platform sends the second parts of the applications to the customer for consideration.
Before the expiration of the 7-day period, the customer must review them and publish a summary protocol.
Conclusion of a contract based on the results of an electronic auction under 44-FZ
The contract can be concluded no earlier than 10 days from the date of publication of the summary protocol.
Within 5 days from the date of publication of the protocol, the customer sends the winner a draft contract via an electronic platform for signing. The winner has 5 days to sign and post security.
If disagreements arise regarding the project, a protocol of disagreements is sent to the customer. The customer has 3 working days to review the protocol of disagreements and send a revised or original draft contract describing the reasons for the refusal (without his signature).
The participant signs a government contract within 3 working days. The customer then places his signed and concluded contract within 3 business days. Therefore, disputes may take 9 business days to resolve.
Providing an electronic auction contract under 44-FZ
The contract is secured in cash or by providing a bank guarantee. The bank must be from the register of the Ministry of Finance, and the guarantee itself must be published on the official website in the register of bank guarantees. The validity period of the bank guarantee must be 1 month longer than the contract term.
Recognition of an electronic participant under 44-FZ as having evaded signing a contract
The auction winner is recognized as having evaded and loses the contract, security, and bank guarantee if:
- Did not submit the signed contract within the established time frame
- Sent a protocol of disagreements after 13 days from the date of the final protocol
The customer has the right to recover losses through the court that are not covered by the security amount.
Many companies that almost reach the finish line quit the race for several reasons:
- They sober up and realize that they got carried away with the price of victory and will not honor the government contract
- They cannot purchase goods at the estimated price or carry out the purchase due to the supplier’s refusal
- They cannot find money to secure the contract and obtain a bank guarantee
- Gray bank guarantees are rejected by the customer after checking the register
In 2016, more than 4,800 procurement participants under 44-FZ were included in the register of unscrupulous suppliers, and other companies took their places on the pedestal.
Electronic auction timing calculator under 44-FZ
The auction timing calculator under 44-FZ in the form of a table allows you to calculate the timing of each stage.
Auction stage Term Countdown stage Application deadline Posting a notice Securing the application Simultaneously Submitting an application on the site Decision to amend the auction notice 2 days before Application deadline Posting changes to the notice 1 day after Making a decision to change the notice Extension of filing deadline when changes are made 15 days (7 days - up to 3 million) after Making changes to the notice Request clarification of documentation 3 days before Application deadline Posting a clarification 2 days after Receipt of a request for clarification 7 days after Application deadline Conducting an auction 2 days after Review of the first parts of applications Auction protocol 30 minutes after End of auction Consideration of the second parts of applications 3 working days after Auction protocol Debriefing protocol 1 business day after Signing the protocol of consideration of the second parts Posting a draft contract 5 days after Debriefing protocol Signing of the draft contract by the winner 5 days after Placing a contract Posting of the protocol of disagreements by the winner 13 days after Debriefing protocol Review of the protocol of disagreements by the customer, finalized draft contract 3 working days after Posting a protocol of disagreements 3 working days after Posting a revised draft contract Placing the signed contract by the customer 3 working days after Signing of the finalized draft contract by the winner Contract security Simultaneously Signing of the draft contract Conclusion of a contract 10 days after Debriefing protocol Assistance in electronic auction under 44-FZ
In this article, we touched upon only some of the procedural and practical aspects of conducting auctions in electronic form. We are ready to provide any
