Sample application for participation in the auction ФЗ 44. Example instructions for completing the first part of applications

The supplier confirms its participation in the electronic auction for the conclusion of a state contract by sending an application to the customer. The application for participation in the auction is submitted in electronic form and contains two parts, which are simultaneously sent to the operator of the electronic electronic trading platform.

The first part of the application for the supply of goods

The first part of the application under 44-FZ is the most important, since on the basis of the data specified in it, the customer concludes that the goods proposed for delivery meet the public procurement conditions and forms an initial list of bidders for participation in the auction. Requirements for the content of the first part of the application are regulated by part 3 of Law No. 44-FZ. This document must contain the following required information:

• the consent of the auction participant to fulfill the conditions of the state contract in accordance with the requirements of the notice of purchase and auction documentation;
• specific technical indicators of the supplied goods in the required volume;
• an indication of the trademark (if any);

The first part of the application for the provision of services

If the subject of the procurement is the provision of services, then the first part of the application, as a rule, consists only of the supplier's agreement to provide services in accordance with the stated requirements in a timely manner and of proper quality. This consent is drawn up in a free form, but the public procurement website contains its recommended form.

It is important to note that for the first part of the application, the existing public procurement procedure provides for anonymity - that is, this document should not contain any mention of the supplier's name. However, in practice, the execution of such a document on a letterhead is not a basis for its rejection. At the same time, the second part of the application at this stage is not available to the customer for viewing.

After the deadline for accepting applications, the customer considers the first parts of them and determines the initial composition of participants admitted to electronic trading.

Rejection by the customer of the first part of the participant is possible only in the following cases:

• failure to provide a complete list of information provided for the first part of the application;
• non-compliance of the products offered by the supplier with the requirements of the tender documentation.

The first parts of applications are considered by the commission no more than seven days from the date of completion of their acceptance. The results are recorded in the minutes of consideration of the first parts of applications. The protocol of consideration of the first parts is subject to publication in the unified information system in the field of state and municipal procurement no later than the date of the end of the consideration of the first parts. After the completion of these procedures, consideration of the second part of applications begins.

Before filling out the first part, be sure to take some time for this photo of a sample of the first part from the customer and a completed table for our supplier, after viewing it, most of the questions will disappear by themselves.

1. What does the first part of the application look like in its finished form?

The procedure for filling out the first part of the application for, the procedure and deadlines for its submission are quite clearly spelled out in the law, but despite this, a lot of public procurement participants have problems with admitting the first parts of applications to participate in the electronic auction. As a rule, this happens due to the inattentive preparation of bids and the study of the original procurement documentation, the indication in the first part of incomplete or inaccurate information about the specific characteristics of the supplied goods.

2. The first part of the application form 2 - what is it?

The first part of the application for 44 FZ is the final stage of preparation for participation in the auction. You have estimated the percentage by which you can "fall" during the auction, your ability to perform work and provide services corresponds to the technical specification in the documentation, you have a commercial offer from the manufacturer with delivery guarantees, or the goods are already in the warehouse. And here comes the most crucial moment: drawing up the first part of the application and submitting it to the site. The moment is one of the most important, because at the first stage, the customer will carefully study your application for compliance with the terms of reference and legal requirements. And if your first part of the application does not correspond to them, you are threatened with rejection from participation in the auction and the opportunity to get a lucrative contract.

3. How to prepare the first part of the 44-FZ application

The law stipulates the obligatory consent to participate in the auction on the terms of the auction documentation. On some sites, this is filled in automatically when an application is submitted, on some it is not. Therefore, it is more correct to write it before the technical proposal 44fz of goods or works, services. For the application itself, the requirements are spelled out in detail in the law, and in addition, government regulations are regularly issued, which impose additional restrictions and conditions. Therefore, before rushing immediately to fill out the technical proposal 44fz, it is necessary to study the auction documentation again. You should be interested in:

• what specific characteristics the customer specifies
• formulating these characteristics
• completeness of technical specifications
• What additional conditions does the customer prescribe in the TK (expiration dates, sizes, color, compatibility, etc.)
• What are the restrictions and conditions, according to what government regulations are indicated in the Auction Documentation.

It is required to carefully compare everything with what you are going to offer, whether your offer meets the conditions, restrictions and characteristics prescribed in the customer's technical assignment. If there are inconsistencies somewhere, then the risk of rejection of your application will not be small.

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4. What customers pay attention to

• Customers are very attentive when considering the first parts of applications.
• Deviation from the wording
• incorrectly specified range of characteristics
• the absence of the prescribed characteristics in the TK in the application
• incorrect quantity, manufacturer, country of origin, etc.

Any trifle in the first part of the 44-FZ application can serve as a justification for rejection.

Limitations

In addition, you need to carefully review the restrictions and conditions of the procurement, which government regulations apply. For example, if the task contains preferences for goods from the European-Asian Union, and you offer most of the goods from the Middle Kingdom, then when calculating your minimum price, you should also take into account the percentage of preferences that will be removed from you as a result of winning. In this case, your minimum price will be higher.

Site request

If your proposal in some way differs from the documentation assignment, but does not affect anything - write a request for clarification to the site. The customer is obliged to answer you. The request is submitted at least three days before the deadline for accepting applications on the site. In case of a positive answer, indicate in the application the real value, and not what is indicated in the TK.

Let's summarize

There are many subtleties when filling out the first parts to participate in the auction. Each industry has its own nuances and points that must be taken into account and indicated when filling out the first part. If you are just starting out on your purchasing journey, you need a strong leverage that will help and support you in solving difficult problems. Our task is to help you overcome this most difficult stage, to make your application comply with the requirements of the law and the needs of the customer. Take into account all the nuances, find errors and inconsistencies before submitting and correct them. Registration will help us to do this more quickly and always be in touch with you.

5. Video instruction on how to prepare documents for the tender

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business entity, you can get a number of advantages: advance payments under government contracts, short settlement times, conclusion of direct contracts and subcontracts without a tender. and work only under lucrative contracts with minimal competition!

The auction application includes 2 parts. The commission of the customer considers them in turn, but both parts are submitted at the same time. What is part 1 of the application, how to fill it out correctly and why it may be rejected, we will tell in the article.

What is the first part of the application for participation in the auction

It includes the participant's agreement to fulfill the terms of the future contract. The consent is drawn up in any form. Some ETPs publish recommended forms of documents on their websites. A sample can be viewed there. We recommend that you indicate that the participant agrees to fulfill the obligations on the terms of the customer, which are not subject to change.

What are the specific indicators in the first part of the application

These are the characteristics of the product, the exact values \u200b\u200bthat give an idea of \u200b\u200bthe product. Thanks to them, the customer understands what exactly he will receive at the output. When describing the goods in the application, do not use ambiguous interpretations and approximate indicators. It should not contain the words "equivalent", "analogue", "type". In the values \u200b\u200bof indicators, do not use words and signs: "no more", "no less", "must", "no higher", "no lower", "from", "to", "or", "<», «>"," / ". Even if range values \u200b\u200bare specified in state standards and regulations, you do not need to transfer them to the first part of the application, otherwise it will be rejected.

If the customer in the documentation has established a requirement for the value of the indicator with the words "not less", "not less", "from", etc., the participant cannot use them. It is required to indicate the real value within the specified limits. Separately, we note that sometimes the instructions for preparing applications require the participant to indicate specific indicators, which he can find out only at the time of receiving a specific batch or after testing. In this case, ask for clarification of the documentation and point out the possible restriction of competition. You can also complain to the FAS. Practice in such cases is on the side of the participants (Decision of the Orenburg OFAS Russia in case No. 08-07-61 / 2019 of 03/19/2019).

If you use abbreviations, designations, make sure that they are generally accepted and understandable to the customer. We recommend that you use the same units of measure and metric values \u200b\u200bas contained in the auction documentation.

An example of filling out the first part of an application for an auction under 44-FZ

Consider a sample of filling out the first part of the application for an example of a specific purchase. Include a statement that supplier details will be provided in the second part of the proposal. For example, the wording may be as follows: "This legal entity, information about which is indicated in part 2 of the application, agrees to ...". Then the notification number is entered - 0138300007219000082. Do not forget about the name of the procedure. In our case, products are purchased for school meals. You can see the name in the notification.

Then enter the description of the offered product. In our case, these are sausages. Are used:

• quantity - for example, 400;
• units of measurement - kg;
• characteristics - in a natural casing, without the addition of soy, pieces of bacon, cheese, mass fraction of fat 20%, mass fraction of moisture 75%;
• references to standards - GOST R 52196-2011 “Cooked sausage products. Technical conditions ".

As you can see, it is important to indicate specific indicators without the words "not lower", "minimum value ...", etc. signs "+/-".

Attached files

• First parts of applications (form) .docx
• Form of consent to participate in the electronic auction.doc
• Checklist.pdf

Rejection of the application means that the participant is not allowed to bid. And in some situations, the winner was deprived of the state contract. From the article, you will find out when the customer has the right to reject the application and how to prevent unreasonable rejection of the application under 44-FZ, which is fraught with a monetary fine and a complaint to the FAS.

An electronic auction not only implies a reduction in the initial contract price by suppliers during the course of tenders, but also requires a qualified approach when checking applications for compliance with legal requirements. The goods, works and services offered by the supplier must meet the requirements of the customer, and the participant himself must have the necessary qualifications and experience. In this regard, the issue of the rules by which participants are admitted to electronic auctions and which affect the level of competition and the number of procedures held is relevant.

Deviation for the first parts of applications, 44-FZ

The grounds for refusal are listed in Part 4 of Art. 67 44-FZ:

• failure to provide information, which is provided for by Part 3 of Art. 66, or providing false information;
• inconsistency of the information (part 3 of article 66) with the requirements of the documentation.

Refusal of admission to participate in the electronic auction (that is, rejection of the application) for other reasons is not allowed.

Part 3 of Art. 66 contains information that the participant must provide as part of the first parts, depending on the type of contract.

1. Delivery of goods.

If the documentation contains an indication of a trademark, service mark, trade name, patents, utility models, industrial designs, designation of the country of origin of the goods, the supplier must confirm consent to the supply of goods from the manufacturer proposed by the customer or specific indicators that will show the equivalence of goods from another manufacturer. Otherwise, the application may be rejected.

If the documentation does not contain an indication of the desired manufacturer or other similar individual characteristics of the product, the supplier must indicate all three components (otherwise a deviation is possible):

• specific indicators that correspond to the values \u200b\u200bestablished by the documentation;
• indication of unique features (if any);
• name of the country of origin of the goods.

2. Performing work or rendering a service.

In this case, explicit consent to the terms and conditions that are set in the documentation is required.

3. The performance of work or the provision of a service for which the product is used.

If the documentation contains an indication of a trademark, service mark, trade name, patents, utility models, industrial designs, name of the country of origin, the supplier is required to agree to perform work and services and to use a specific product offered by the customer or consent to perform works, services and specific indicators that will show the equivalence to the specified requirements, an indication of the means of individualization (if any), the name of the country of origin.
If no such conditions are established, the applicant indicates information on the first three points (without exceptions):

• consent to the performance of works, services;
• specific indicators corresponding to the values \u200b\u200bestablished by the documentation;
• name of the country of origin of the goods;
• an indication of the means of individualization (if any).

If the participant does not fulfill this condition, his proposal will be rejected.

Deviation for the second parts of applications, 44-FZ

Part 6 of Art. 69 establishes the reasons for the rejection in the second parts:

• failure to submit documents and information in accordance with clauses 1, 3-5, 7 and 8 h. 2 of Art. 62, parts 3 and 5 of Art. 66 (see article “Tender documents”);
• non-compliance with the conditions established by the documentation;
• inaccurate information;
• non-compliance of the auction participant with the requirements established in accordance with parts 1, 1.1, 2 and 2.1 (if any) of Art. 31 44-FZ.

Suspension

At any time before the conclusion of the contract, the customer must remove the participant from the supplier identification procedure in the following cases:

1. The procurement participant does not comply with the general requirements set out in parts 1, 1.1, 2 and 2.1 (for example, does not have valid licenses, certificates, liquidation is underway, there is a decision of the arbitration court to declare the organization bankrupt, the participant does not meet the additional requirements for the presence of a corresponding work experience, etc.).
2. The participant provided false information that he meets the specified conditions. For example, the provided compliance license turned out to be a fake (part 9 of article 31).
3. When purchasing vital and essential medicines, the maximum price is not registered or the offered price exceeds their maximum selling price under the conditions specified in clause 2 of part 10 of Art. 31.
4. The unreliability of the information contained in the documents specified in parts 3 and 5 of Art. 66 (first and second parts) in accordance with Part 6.1 of Art. 66. For example, the characteristics contained in the first part are unreliable in accordance with GOST specified in the terms of reference.

Responsibility of the members of the commission

It should be borne in mind that not only unreasonable refusal to admit to participation in the auction entails the imposition of administrative responsibility in accordance with paragraph 2 of Art. 7.30 of the Administrative Code of the Russian Federation, but also the unjustified admission of the application, if it must be rejected, entails the imposition of an administrative fine on officials in the amount of 1% of the initial (maximum) contract price, but not less than 5,000 rubles and not more than 30,000 rubles. The reason for the proceedings of the regulatory authorities can be both a complaint to the FAS about the rejection of the application, and an unscheduled check.

Requests, when the 1st part of the electronic auction application is drawn up.

It often happens that questions arise when preparing characteristics.

In this case, it is necessary to prepare and send a request. Moreover, the request text can be any, the main thing is that it contains information and a question that needs to be answered. The posted clarification will answer the question.

If the answer is vague or not in essence, then it is necessary to contact the Federal Antimonopoly Service, because without this answer (correct) 1st part of the auction application it is impossible to compose in principle.

Date of readiness. As a rule, everything should be planned so that 1 and 2 part of the application electronic auctions were filed on the eve of the "cut-off", the deadline for its submission. Indeed, during the placement, changes can be made, clarifications can be posted, answers to questions from other URZs, and according to these changes and / or clarifications, it is necessary to correct what has already been done.

Withdrawal of auction bids. There are situations when the indicators, in the opinion of the participant, were prepared by him incorrectly, and if there is time, then all this can be withdrawn, re-prepared, corrected the first part, and submit the corrected information again.

It is also necessary to take into account the fact that, for example, if there was a rejection, then there was a complaint to the FAS, which was recognized as justified, then everything submitted earlier is subject to reconsideration.

It does not mean automatic admission to the auction... After all, it may be that when considering the first parts, other errors will be found that were not recorded during the first examination, and again there will be a deviation, already in a proper way. Or, on the contrary, it was rejected again unreasonably. And again you will need to contact the FAS with a new complaint.

Often, the reasons for rejection are "vague" requirements, which can be interpreted in two ways... At the same time, explanations in this area are "vague", they do not give an answer in essence to the questions that have arisen. It turns out that even if the first parts "succeed", they can be rejected on the same "mirror" grounds, with references to one of the options for two-fold requirements. In this case, it is required without waiting for the results of the review of the first parts to file a complaint with the FAS, and not for rejection, but for violations in the requirements for materials, which do not make it possible to prepare the correct 1st parts of the auction bids.

When considering the auction commission is guided by three directions. The first direction is the requirement for goods and / or materials that are available in AD. The second direction is the instruction, which is also contained in the AD. The third area is the indicators themselves proposed by the participant.

Comparing the requirements with the indicators proposed by the participants, the commission uses instructions, a set of rules for the interpretation of certain requirements. Obviously, if the values \u200b\u200bare correct, the participant is admitted to the electronic auction. If there is an error or inaccuracy, there will be a deviation, a denial of admission. Failures can be for various reasons, it is easier to prescribe something due to which there should be no failures.

This is a form of presentation of indicators, it can be any, lowercase, tabular, and so on, this is the name of the manufacturer, if a product and / or material is produced in our country, it is not necessary to indicate it at all. Refusal of admission to the auction or admission to the auction is formalized by the protocol of consideration of bids, in which it is written as information about admission, there and about rejection, while detailed reasons for rejection are given, with links to the provisions of AD, requirements for goods (materials), fixing an error, and the rationale for the commission's decision as to why it is considered a mistake.

Of course, it is possible to appeal against the decision to refuse admission to the FAS, while it is necessary to understand that even if an error is found in the values \u200b\u200bproposed by the participant, and written in the protocol of consideration (in the column "justification for the refusal"), during the consideration of the complaint, it may "be found", that the participant made several mistakes, in addition to the one that has already been recorded.

Indeed, one error is enough to reject, and the commission, having found one error, justifying it, then simply does not look for errors, believing that the found for rejection is quite enough. If the commission's actions are appealed, then the "search for errors" can be carried out anew, new errors found. Thus, before filing a complaint, it is necessary to carefully check everything once again, to check to see if the error found is the only one.

Requests and clarifications are a lever that avoids ambiguity when interpreting the requirements for goods and / or materials, as well as when interpreting the provisions of the instruction, especially if it is voluminous, or, as it happens quite often, contains controversial or even mutually exclusive provisions.

There are no separate requirements for the query test, it can be arbitrary. However, in order to get a clear and understandable answer, it is necessary to correctly formulate the request. If it concerns the provisions of the instruction, it is necessary to quote the provision of the instruction in the request, indicate the disputed requirement for the goods (material), and ask how to interpret this provision of the instruction, in relation to the requirement for the goods and / or material specified in the request. That is, the question should relate to a specific requirement for a product or material, and not just a listing of the provisions of the instruction and the general question of how to interpret these provisions of the instruction. You can specify options for prescribing values, let the customer indicate the correct one, this is also a very effective method.

The texts of requests can be multi-page; in this case, it is advisable to number the questions so as not to get confused in the answers. The customer must post the clarification on the website two days after receiving the request. At the same time, so that it is clear to other participants what is at stake, not only to the participant who submitted the request, the clarification should contain the text of the request (the text of the question), and only then the answer.

It is clear that if this is not the case, the customer is essentially misleading the other participants, since it is not clear what the answer refers to. This is a reason to file a complaint about the customer's actions.

Also, the reason to compose and submit a complaint is vague answers, the answer is not on the merits of the question, answers in the style of "see the instructions, everything is written there."

An important detail is that the explanation should not change the essence of blood pressure. That is, if something fundamentally changes in the explanation, in the requirements for materials, in the draft contract, in the terms of reference, then clarification alone is not enough. It is necessary to completely change the blood pressure, to prolong the auction. If this has not been done, in this case it is also advisable to draw up and file a complaint.

It is also necessary to pay attention to the explanations that can be placed, already immediately before submission. The clarifications may fundamentally change or supplement the provisions of the instructions for the preparation of 1 parts of applications, which must be used in the preparation and development of characteristics.