Article 69 of Federal Law No. 44-FZ: rules and deadlines for consideration of the second parts of applications, cases of rejection

Content

Art. 69 contains 13 parts that determine the procedure for selecting the winner of the second stage of the electronic procurement competition:

At the end of the first stage of the competition, the second parts of the applications of participants who passed the second stage are submitted for consideration by the commission.
who offer the lowest price for the offered product are automatically selected
From the ten applications of the selected participants, the commission members select the five applications with the lowest cost.
A downward auction is held among five applicants.
The winner is selected and the auction protocol is drawn up.

Part 1 art. 69 determines that the rules for the consideration and selection of suitable applications are regulated by Art. 68 of Law No. 44. Part 3 of Art. 69 states that the five lowest priced bids, which are selected by the commission for online bidding, must meet the customer’s requirements, including with regard to the attached electronic documents.

In Part 4 of Art. 69 states that if out of ten applications automatically selected for participation in the second stage, there are not five that meet the customer’s requirements, then the commission members can consider all submitted applications until there are five applications that meet the established requirements.

Part 9 art. 69 states that after the selection of applications that meet the customer’s conditions, all but the first three participants who offered the lowest price can refuse to bid, otherwise such participants will be entered into the database of unreliable auction participants.

Part 13 Art. 69 describes cases when an auction is declared invalid:

if none of the applications meets the customer’s requirements;
if only one application meets the requirements.

The winner of the auction is the applicant who offered the lowest price, in accordance with Part 10 of Art. 69.

Cases of rejected applications

The reasons for rejecting participants' applications are listed in Part 6 of Art. 69:

providing incomplete information about the product or service offered;
incorrectly formed packages of electronic documents;
presence of inaccurate information in the application;
non-compliance of the second part of the application with the requirements of Art. 31 of Law No. 44 ;
the presence of restrictions adopted by local regulations.

It is important to note that all electronic documents and licenses of the participant’s organization, as well as certificates of conformity of goods or services must be valid as of the application deadline date.

Part 7 art. 69 states that the commission does not have the right to reject applications of participants on other grounds.

Terms of consideration

According to Part 5 of Art. 69, the period for consideration of the second parts of applications by the auction commission cannot be more than three working days from the date of publication of the protocol with the results of the first stage of the auction.

The results of the consideration of the second parts are drawn up in the form of a protocol, which is posted on online trading platforms within two working days, including the day of signing, in accordance with Part 8 of Art. 69. Electronic down trading lasts 10 minutes, and the trading results are sent to participants within an hour after the publication of the protocol with the results.

Thus, the total period for consideration of the second parts of applications is 5-6 working days.

Application of Art. 69 44-FZ when considering the second parts of applications

We will tell you how the second parts of applications for an electronic auction are checked in accordance with Article 69 of Law 44-FZ, why the customer can reject an application and what the supplier should pay attention to when preparing it.

Article 69. Consideration of the second parts of applications

As you know, to participate in an electronic auction under Federal Law 44, a potential supplier must prepare an application, which consists of two parts. Part 1 of the application is considered at the very beginning, on its basis the customer makes a decision on the admission of the participant to the auction itself. The second part of applications is considered after the auction.

Unfortunately, many suppliers do not take the second part of applications for an electronic auction seriously, since there is an opinion that it is much more important to correctly compose part 1 and gain admission to the auction. Meanwhile, there are often cases when a hastily drawn up second part of an application costs the participant a contract.

The second parts are considered only after the auction, when the winner has already been determined, but this does not mean that the customer cannot reject an illiterate application, depriving the winner of the contract. All this is spelled out in the text of Law 44-FZ in Article 69 (“Procedure for considering the second parts of applications for participation in an electronic auction”).

Unlike part 1 of the application, the second part is not anonymous. The main task is to give the customer a complete picture of the supplier company and its activities. The list of documents and information that must be presented in the second part is determined by Article 66 of Law 44-FZ.

The second part of the application for an auction in electronic form must include:

— name of the supplier company, as well as all contact information: address, phone number, etc. The TIN number, information about the registration of the enterprise, information about the manager, founders and chief accountant are also indicated here;

— a list of documents that confirm that the supplier’s professional level meets the requirements stated by the customer. These could be certificates, licenses, etc.;

— certificates for certain groups of goods. If the tender involves the purchase of goods subject to mandatory certification, the supplier must attach copies of all documents confirming the presence of this certification for his product;

— decision of the founder of the supplier company to approve a major transaction (if such is provided for in the company’s constituent documents);

- other documents, if necessary, based on the specifics of a particular purchase.

Additional requirements for the second parts of applications

It is also worth noting that when purchasing complex, innovative and technological goods, services or works, additional requirements for participants come into force. All of them relate to such areas as restoration work with architectural monuments, complex technological construction work, recreation and health services for children, work with nuclear materials and others. All additional requirements are reflected in Article 31 of Law 44-FZ.

Important According to Article 69, the customer does not have the right to demand additional documents from the supplier unless this is provided for by special provisions of 44-FZ or other regulations.

Additional requirements include documents confirming:

— Availability of financial resources at the company;

— Ownership of real estate, equipment, machinery and transport;

— Experience in a similar field;

— Evidence of the purity of business reputation;

— Availability of the necessary specialists with appropriate qualifications at the enterprise.

Consideration of the second parts of electronic auction applications

The main task of the customer when considering the second parts of applications under 44-FZ is to check all the information provided for compliance with reality. The more clearly and in detail the auction participant describes all the necessary information, the greater the chance that his application will not be rejected at the very last moment.

Consideration of the second parts of applications begins after the completion of bidding in the electronic auction, that is, after the winner is determined. The mechanics of working on electronic trading platforms are such that the second part of the application is simply not sent to the customer until the auction is completed. This is necessary in order to ensure the anonymity of participants when submitting price proposals and to maintain healthy competition.

Based on the results of consideration of the second parts of applications, the winner may remain the winner, or may give his place to the participant who took second or even third place.

The period for consideration of the second parts of applications by the customer, according to 44-FZ, is no more than 3 working days from the date of posting the auction protocol on the electronic platform . The second part of the applications is reviewed by an auction commission specially created for this purpose. Based on the results of the review, the commission decides whether part 2 of the winning participant’s application meets all the requirements stated by law. If yes, then the contract procedure is initiated.

Refusal to conclude a contract. Rejection of the second part of the application

The customer has the right to reject the second part of the application if it does not meet all the requirements (clause 6 of Article 69 of Law 44-FZ). In this case, the participant will be denied the right to conclude a contract; this right goes to the private owner who takes second (or third) place.

Reasons why the second part of the application may be rejected:

— The participant did not provide all necessary documents in full. In this case, a lack of one certificate or license will be sufficient to lose the right to conclude a contract (clauses 1,3,5,6,7,8 of Article 62);

— The participant did not provide the documents required for accreditation on a specific electronic trading platform. Since the constituent documents of the participating company are most often sent to the customer by the platform itself (these documents are provided during accreditation), the lack of documents for registration automatically jeopardizes participation in the auction itself;

-The participant provided false information. If the customer finds at least one discrepancy in the participant’s documentation, this becomes a reason for refusing to conclude the contract;

— The participant does not comply with other requirements of the public procurement law 44-FZ. Legislation imposes special requirements on potential suppliers, including depending on the specific area of their activity. Failure to comply with these requirements (as well as additional requirements) becomes a reason for refusal of the contract.

After considering the second parts of the applications, the customer draws up and publishes a general protocol of the results of the electronic auction, in which the final winner is named. Within 5 working days after the publication of the protocol, the customer sends to the recognized winner a draft of the government contract that is planned to be concluded.

The participant has the right to disagree with the rejection of the application. If the participant has not received an explanation from the customer regarding the reason for the deviation, he may contact the customer for additional explanations. If, after these explanations, the participant is sure that the rejection is illegal, he must contact the Federal Antimonopoly Service as soon as possible. This must be done before the customer has time to conclude a contract with a new supplier.

In the event that all second parts of applications received for the auction are found to be non-compliant, then this electronic auction is automatically declared invalid.

Features and practice of considering the second parts of applications for participation in the auction

Some participants forget to provide certain information about the organization, including the TIN in the text of the second part of the application. If you encounter such a problem, this does not mean that your application will be rejected. The fact is that, in addition to parts 1 and 2 themselves, during the review of documents, the electronic platform itself sends the customer documents and information about the organization, which include, among other things, an extract from the Unified State Register of Legal Entities, which contains the TIN number.

This means that even if you forgot to indicate the TIN and other information in the application, the customer will still not be able to reject your candidacy. However, you should be careful and familiarize yourself with all relevant articles of law.

A controversial issue is the availability of a document confirming consent to a major transaction. In the case where the application does not contain either a document confirming consent or a document indicating that the transaction is not major, confusion arises. Some customers reject such applications for participation in the auction, others do not. However, the participant should be aware that the law does not formally require confirmation of such transactions. The absence of a document automatically means that the transaction is not major for the company. Controversial issues are resolved in court, usually in favor of the participant.

In addition to the main documents, customers should also remember to attach additional documents for a specific type of contract. This applies, first of all, to contracts for small businesses (SMBs) - the potential supplier is required to prove his affiliation with them. In addition, do not forget about documents proving that the supplier is not an offshore organization.

It is easy to avoid rejection of the second part of an application in an electronic auction under 44-FZ - you must carefully and in detail indicate all the necessary information about the organization and quality of the product (service). A well-written second part guarantees that you will 100% receive a contract after winning the auction.

Source: https://www.pro-goszakaz.ru/article/103015-primenenie-st69-44-fz?utm_source=lettermarket&utm_medium=letter&utm_campaign=lettermarket_demo_GZ_regular_15112017&ustp=F

Features of application

During the consideration of the second part of the application, the most common problems arise when determining the list of necessary documents that the participant submits, as well as the forms of such documents in electronic form.

Elimination can be avoided at the documentation analysis stage by providing all available certificates for each unit of the same type of product or service, especially if they are of foreign origin.

Forms of documents may be approved by local regulations immediately before the procurement, so it is necessary to monitor the adoption of such acts, especially if the procurement is organized by local municipal or regional budgetary institutions.

Application Rules

Participation in the electronic auction (EA) of customers, suppliers, contractors, performers Art.
66 44-FZ requires registration in the Unified Information System (EIS), which is simultaneously automatically accompanied by accreditation on the ETP. The process of submitting applications for participation in electronic trading should be accompanied by compliance with the following rules:

application documents must include 2 parts;
It is not allowed to require participants in the auction to provide additional documents and information, except for the case in which design documentation is included in the procurement specification, which obliges procurement participants to agree to perform work according to the rules of documentation on EA;
a person participating in the EA has the right to send only 1 application;
the ETP operator must send the first application part to the customer during the working day that follows the deadline for submitting application documents;
the auctioneer who submitted the application has the right to withdraw it no later than the deadline for submission, notifying the ETP operator about this;
the latter must, before publishing the auction protocol on the ETP, ensure the confidentiality of information about the auctioneers who submitted application documents, as well as the data contained in their 1st and 2nd parts and in other attached documentation.

If this rule is violated, the operator of the electronic platform is subject to liability provided for by the legislation of the Russian Federation.

Admitting Nonconformity

The procedure for recognizing an application as non-compliant with the requirements is covered by Part 6 of Article 69 of 44-FZ, which states that it may be rejected in the following cases:

failure to provide or incomplete provision of information and documents specified in the requirements for participants, as well as knowingly false provision of information with inaccurate data;
non-compliance of goods and services that are the object of procurement with the standards specified in the requirements and GOSTs;
non-compliance of the contract executor with the requirements, including those of a qualification nature;

On the subject of non-compliance with the requirements, Article 69 44-FZ provides general provisions with references to other articles of this federal law.

Therefore, before starting work, you should study these provisions, and also carefully read the requirements and conditions of the auction or other procurement procedure.

Contents of the first part

In the first part of the application for participation in the EA in accordance with parts 3 and 4 of Art. 66 44-FZ are required to attend:

approval by the auctioneer of the delivery of goods, performance of work, provision of services carried out through the use of the functionality of the ETP;
when purchasing goods during the bidding process or in the case of purchasing work or services in which the goods are used, it is required to indicate the country of its production, as well as its main characteristics.

If necessary, additional drawings, drawings, sketches, photographs and other images of the product can be provided.

At the same time, the law stipulates that in no case can the first application part contain data about the organization, and the application itself cannot be executed on its letterhead.

Terms of consideration

All second parts of applications must be considered by the commission within three working days from the date of publication of the protocol on the results of the online auction. An extension of the deadline is possible only if the members of the auction commission have valid reasons for which they could not attend the meeting.

Intermediate periods for the exchange of data between the customer, applicants and the operator of the trading platform are no more than one hour - during this period the ETP operator must send application data at the customer’s request, as well as notify participants about the decision of the commission and publish a protocol for considering applications.

Failure to meet deadlines may expose the site operator to liability under Art. 7.31.1 of the Code of Administrative Offences, in addition, participants who have suffered damage may demand compensation for material damage.

Reasons for rejection

The second parts of applications may be rejected by the auction commission on the following grounds (Part 6, Article 69):

lack of required information or documents;
presence of false information in the application and attached documents;
foreign origin of the supplier of goods, works or services for which a national procurement regime has been established;
finding a participant in the list of dishonest procurement participants.

The sufficiency of permitting documentation is determined taking into account the requirements of the law - for each product requiring mandatory certification, certificates must be provided, and when purchasing certain types of work or services, it is necessary to attach a valid license issued to the participant whose details are indicated in the second part of the application.

For each rejected application, the auction commission draws up a justification for the rejection, indicating a list of reasons, and then sends this justification to the participant through the operator of the trading platform. It is important to take into account that the rejection of an application for reasons not contained in Part 6 of Art. 69, illegal.

Submission order

Article 66 of Federal Law No. 44 regulates the following conditions for filing applications for participation in the EA:

the auctioneer has the right to submit application documents at any time convenient for him in the interval between the publication of the notice of the EA and the completion of their submission;
the auction participant sends an application to the ETP operator in the form of 2 parts simultaneously;
in the case when design documentation is included in the description of the procurement object, the participant sends an application letter in the form of 2 electronic documents simultaneously with the addition of his consent to perform the work according to the instructions of the auction documentation;
electronic documents certifying the auctioneer’s compliance with the additional requirements set out in Parts 2 and 2.1 of Art. 31 44-FZ, not included by the participant directly in the second application part, are sent by the site operator to the customer through the use of ETP software and hardware together with the second part;
no later than an hour after receiving the application, the operator is required to give it an identification number and state this fact in the form of an electronic document sent to the address of the auctioneer who submitted the application document.

Winner

The person recognized as the winner of the auction is determined by the provisions specified in Part 10 of Art. 69 44-FZ, as well as the following parts, depending on the type of summing up the auction results.

According to Law 44-FZ, there are two ways to conduct auctions:

"Classical". When participants offer the lowest price for the supply of a particular standard product, provision of services or performance of work. The winner is the one who offers the lowest price;
"Auction with a reduced contract price." The auction organizer initially reduces the contract price to half a percent of the maximum, and gives participants the right to independently increase the price. In this case, the winner is the highest bet.