An example of a qualification questionnaire for a tender. Sample of filling out an application for participation in a tender Example of additional details of drawing up the form

Good afternoon, Anastasia

if we are talking about an auction in electronic form, then according to clause 5. Article 66 Federal Law No. 44-FZ

5. The second part of the application for participation in the electronic auction must contain the following documents and information:
1) name, company name (if available), location, postal address (for a legal entity), last name, first name, patronymic (if available), passport details, place of residence (for an individual), contact telephone number, taxpayer identification number a participant in such an auction or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such an auction (for a foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the participant in such an auction;
questionnaire
2) documents confirming the compliance of a participant in such an auction with the requirements established by paragraph 1 of part 1, parts 2 and 2.1 of Article 31 (if there are such requirements) of this Federal Law, or copies of these documents, as well as a declaration of compliance of a participant in such an auction with the requirements established by paragraphs 3 - 9 of part 1 of article 31 of this Federal Law;
declaration of conformity
3) copies of documents confirming the compliance of the goods, work or service with the requirements established in accordance with the legislation of the Russian Federation, if, in accordance with the legislation of the Russian Federation, requirements for the goods, work or service are established and the submission of these documents is provided for by the electronic auction documentation. At the same time, it is not allowed to require the presentation of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods;

licenses, SRO, etc., if the activity is subject to licensing, entry into SRO
4) a decision on approval or on the completion of a major transaction or a copy of this decision if the requirement for the need for this decision to complete a major transaction is established by federal laws and other regulatory legal acts of the Russian Federation and (or) the constituent documents of a legal entity and for a participant in such auction, the contract concluded or the provision of security for an application for participation in such an auction, security for the execution of the contract is a major transaction;
not necessary for individual entrepreneurs
5) documents confirming the right of a participant in such an auction to receive benefits in accordance with Articles 28 and 29 of this Federal Law, or copies of these documents;

(see documentation. If required, the customer must specify the document)
6) documents confirming the compliance of the participant in such an auction and (or) the goods, work or services offered by him with the conditions, prohibitions and restrictions established by the customer in accordance with Article 14 of this Federal Law, or copies of these documents;
(see documentation. If required, the customer must specify the document)

7) a declaration that the participant in such an auction belongs to small businesses or socially oriented non-profit organizations if the customer establishes the restriction provided for in Part 3 of Article 30 of this Federal Law

declaration of SMP, if the purchase is for SMP

6. It is not allowed to require a participant in an electronic auction to provide other documents and information, with the exception of the documents and information provided for in parts 3 and 5 of this article.

Legislation on filing procurement applications electronically

According to the provisions of the Law “On the Contract System...” dated April 5, 2013 No. 44-FZ (Article 59), a procurement competition can also be held in the form of an electronic auction. In this case, a wide range of people are notified about the procurement conditions through the Internet platform. All participants in the auction are subject to the same requirements.

The list of operators authorized to conduct such tenders is determined by the order of the Government of the Russian Federation “On approval of the list...” dated December 4, 2015 No. 2488-r and includes 6 legal entities. The operating procedure for online platforms is established by order of the Ministry of Economic Development of Russia “On approval...” dated July 23, 2015 No. 495. The process of conducting a competition in the form of an electronic auction is regulated by Art. 59-71 of Law No. 44-FZ.

According to these regulations, parties accredited on the Internet platform have the right to apply to participate in auctions. At the same time, the formation of an application is one of the most important stages of competitive procurement; it is almost impossible to create a template application that would be used many times in the future due to the variety of auctions.

What parts does an auction application consist of?

The application for participation in the auction is composed of 2 parts (Part 2, Article 66 of Law No. 44-FZ), which are sequentially sent to the Internet platform. Moreover, participation in the auction event in principle depends on the correct execution of the first section of the application, and the admission to the conclusion of the transaction depends on the second section.

Don't know your rights?

The first section of the application is filled out based on the characteristics of the auction item and must include (Part 3 of Article 66 of Law No. 44-FZ):

1. In a transaction for the supply of commercial products:
   • consent of the applicant to participate in the competition, if a product is offered for delivery, which, according to the terms of the auction, is marked with a trademark, service mark, brand name, has patents, utility models and/or industrial designs, as well as data on the country of production of the product, or a similar one is offered for sale goods (according to the requirements for equivalent stated by the auction organizers);
   • exact characteristics of the goods (according to requests made at a specific auction event).
2. In a transaction to perform work or provide a service, consent to participate according to the criteria stated in the auction documentation.
3. During an auction for the performance of work or provision of services using commercial products:
   • consent, including consent to the use of goods bearing a trademark, service mark, brand name, etc., or a similar product, based on the characteristics declared at the auction;
   • exact characteristics of the commercial products used.

The second section of the auction circulation should include (clause 5 of Article 66 of Law No. 44-FZ):

1. Installation information about the applicant (name or full name, address or indication of place of residence, passport details, contact telephone number, TIN, TIN of the founders of the legal entity, director).
2. Documentation confirming the applicant’s compliance with the requirements of the law (clause 1, part 1, part 2, 2.1 of article 31 of Law No. 44-FZ), and a declaration of compliance of the applicant with the provisions of clauses. 3-9 hours 1 tbsp. 31 of Law 44-FZ.
3. A copy of supporting documentation confirming the compliance of the work, service or product with the bidding requirements.
4. A decision to approve a major transaction, if such a document is required by current legislation or internal legal documentation. faces.
5. Documentary confirmation of priority over other applicants (Articles 28, 29 of Law No. 44-FZ).
6. Documentary confirmation of the compliance of the applicant and/or the considered commercial products, works and services with auction conditions, prohibitions and limits (Article 14 of Law No. 44-FZ).
7. Declaration of the applicant’s affiliation with small entrepreneurs or socially oriented non-profit institutions (if such a document is required under the terms of Part 3 of Article 30 of Federal Law No. 44).

Nuances of preparing the first parts of applications in electronic form

When forming an auction application, you need to carefully study the legal requirements and auction documentation. In the process of preparing the first part of the application, you need to pay attention to the following points:

It is not permitted to require documents other than those specified for the first (as well as the second) section of the application by law.

The following may reject an application at the stage of submitting both the first and second parts:

• due to incomplete transmission of information;
• transmitting false information;
• non-compliance of the offered goods with auction requirements.

Sample application for participation in the auction

The difficulty of preparing auction applications is that it is almost impossible to create a single form, since the document contains many variables related to competitive conditions and requirements. For example, in construction-related auctions, applications may contain requirements for product characteristics on a scale of several hundred pages. That is why many specialized companies offer their services for generating auction applications.

At the same time, in the databases of legal reference systems (including on our website) there are many samples of applications for participation in the auction. They can be used as auxiliary material and tips when drawing up an individual auction application, if the auction conditions and requirements do not pose problems for the potential participant. It is only important to remember that in the process of preparing an auction application, it is important not only to study in detail the legal requirements and conditions of the auction, but also to adequately assess your capabilities in terms of drawing up the document.

Sample application for participation in the tender, the procedure for filling it out and compiling it are the topics of our material from a series of articles about concluding transactions through competitions and auctions. We will also talk here about the legislative regulation of the issue and the relationship between the rules of law and the actual practice of organizing tenders.

How does the legislator regulate the preparation of a tender application?

Tenders are held in different forms: auction, competition or other. In the first case, the one who offers the most reasonable price wins, in the second, the one who offers more favorable conditions wins. In the third case, other methods are used to determine the winner. General provisions on tenders are contained in Art. 447-449 of the Civil Code of the Russian Federation. There are also separate rules governing various types of trading. For example, Art. 46.3 of the Town Planning Code of the Russian Federation determines the holding of auctions for the conclusion of agreements for the development of built-up areas.

As for the answer to the question of how to apply for a tender, the law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 No. 44-FZ can be mentioned as a source of general order ( hereinafter referred to as Law No. 44-FZ). However, it cannot be said that all auctions are held strictly in accordance with the regulations of the specified regulatory source.

How to submit a package of documents for the tender

The tender documentation prepared by the customer describes in detail how to apply for a tender Right. The tender organizer determines the form and draws up instructions for filling out the application. If this information is not available, you can use the provisions of Law No. 44-FZ.

An application is a designation of the application for participation in the auction itself and the package of documents attached to it (the so-called volume). Since the tender can be held in the usual manner or in the form of electronic tenders, applications submitted by participants are divided into written and electronic.

Submitting an application in writing

If the tender is carried out in the usual manner, the submitted package includes:

• written application;
• volume of attached documents;
• inventory

All this is numbered, stitched, sealed with the signature of a person authorized by the participant and a seal (if any). The application completed in this way is sealed in a thick envelope and sent to the organizer. It is advisable to indicate on the envelope the name of the participant and his contact information, although the absence of such information is not a basis for refusing to accept the application.

Submitting an application electronically

An application for participation in the tender can be submitted electronically if such a possibility is allowed by the tender documentation. In this case, the application form and the documents attached to it are sent with closed access (i.e., it is impossible to study them before the verification of applications begins).

Let us separately note the features of filing an application for an electronic auction:

1. Only a person accredited on a specific electronic platform can participate in the tender.
2. The application itself consists of 2 parts:
   • in the first part, the participant reveals his proposal, describes it and indicates the conditions;
   • in the second, the same information is given as in a regular application.

Example of filling out an application

Regardless of the form of the tender, the application for participation must contain the following information and documents (Article 51 of Law No. 44-FZ):

• name of the organization, all known and accessible addresses, as well as contact numbers, information about the founders;
• for individual entrepreneurs - passport data;
• an extract from the Unified State Register of Legal Entities and Unified State Register of Individual Entrepreneurs or their notarized copy not older than 6 months;
• decision on the election or order on the appointment of the head of the enterprise;
• if a representative is involved in the tender - a power of attorney or a notarized copy thereof;
• additional documents if the organizer has special requirements (for example, the tender requires a license or membership in some self-regulatory organization);
• copies of constituent documents;
• proposal of the tenderer on price, quality, terms, etc.

Depending on the specifics of a particular tender, the organizer may require other documents and data.

An example of filling out an application for participation in a tender may look like this:

Application

Don't know your rights?

to participate in an open competition for the provision of services

repair of heavy-duty equipment

for government needs

1. Having studied the competition documentation, as well as the legislation of the Russian Federation and regulatory legal acts of the Russian Federation applicable to this competition,

   Limited Liability Company "V-Max" ,

   organizational and legal form, corporate name (name) (for a legal entity), surname, first name, patronymic (for an individual)

   INN of director Vincha Maxim Leonidovich - 123456789,

   TIN of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the participant

   located at: 690123, Primorsky Krai, Vladivostok, st. Strelkovaya, 1,

   address of a legal entity (IP)

   phone: 1-111-111-11-11,

   contact number

   in the face director Vincha Maxim Leonidovich, acting on the basis of the decision

   the position of the person authorized to act on behalf of the participant, his full name, on the basis of which he acts

   decision of the sole founder dated May 15, 2013 No. 1 ,

   informs about its consent to participate in the competition on the conditions established in the above documents and sends this application.

2. We offer to provide repair services in accordance with the requirements of the tender documentation at a contract price of 500,000 (five hundred thousand) rubles. (VAT included).
3. The price indicated in our proposal includes all taxes and duties that we will be required to pay when performing the government contract.
4. If we have not taken into account any prices for services on the subject of the competition, these services will in any case be provided in full within the limits of the cost of the government contract proposed by us.
5. To confirm the participant’s compliance with the requirements established by clause. 3-5, 7, 9 hours 1 tbsp. 31 of the Law of 04/05/2013 No. 44-FZ, we present the corresponding declaration (attached).
6. We hereby guarantee the accuracy of the information we provide in the application.
7. If our proposals are recognized as the best, we undertake to sign a government contract in accordance with the requirements of the competition documentation and the terms of our proposals.
8. Attached to this application are documents according to the inventory, which are an integral part of it.

Director: (signature) M. L. Vincha.

Thus, a sample tender application, as well as instructions for filling it out, are always included in the tender documentation, which the organizer develops independently. At the same time, some requirements of the legislation on state and municipal tenders are also taken into account when conducting private tenders.

Individuals and legal entities who have provided the organizational commission with the relevant documents and permits in advance can take part in the auction. For such purposes, a questionnaire for applicants to participate in the auction is also drawn up. The template is filled out using the standard form. An example of filling is given below. At the discretion of the organizers, additional questions may be added to the form for a more detailed analysis of the applicant’s information.

The fact sheet contains information on how to register, types of proof of identity required, privacy rights and auction terms.

Recording

Entries can be made:

1. sales agent;
2. by an authorized person on behalf of the auctioneer.

After completion, the application form of the applicant for participation in the auction is copied and transferred by the sales agent to the management of the bidder.

An example of additional details of the form

Details that will be included on the bidder form:

1. date and place of the auction;
2. address of the object or property put up for auction
3. the name of the owner of the property at the time of the auction;
4. names and license numbers of the selling agent and auctioneer;
5. the name and address of each bidder, their ID card identification number and the bidder number assigned to the person for the auction;
6. if the person's registration is a licensed agent acting for the buyer, their license number;
7. if the bidder is bidding on behalf of someone else, the other person's name, address and their ID number. This requirement does not apply if the registrant has a power of attorney to act for another person - they can simply register to bid themselves;
8. the highest bid accepted and the seller's offer (if any).

Auction Rules

• A person who intends to participate on behalf of someone else will need to show the agent a power of attorney to bid for that person (if they do not have a power of attorney). Letter must include name, address, and ID number. The agent must not keep a copy of the letter.
• If a licensed person acting as a buyer's agent registers to bid, they may show their departmental credentials in lieu of a letter.
• If a person trades for a company, they must be registered. A letter authorizing a person to participate in the auction must be on company letterhead.
• If a couple is registering to bid and will be purchasing a property together, only one of them must register. This applies to any group of two or more people proposing to purchase property together.
• If a trusted buyer has brought a friend or family member to bid for them, the buyer must sign a letter authorizing the other person to bid for them.
• Details in a bidder's record may not be shown to anyone, including the seller.

Identification

The basic requirement is that the ID must show the participant's name and address and must be issued by a government agency. A Russian passport is an example of acceptable evidence.

If the applicant does not have proof of identity that meets this requirement, they may provide a document that shows their address. For example, a birth certificate. If they do not have anything showing their address, a bidder form is filled out with their address.

If a couple is registering to bid and will be purchasing a property together, only one of them must register.

Participant number

There are no requirements regarding the form of applicant numbers - this is left to the agents. For example, the number may be printed or written with a pen on a piece of cardboard, plastic or paper.

The main requirement is that the number can be clearly visible to the auctioneer. It is also important to ensure that each bidder has a different number.

Pre-registration

Agents can pre-register bidders before the auction to save time.

This can be done when potential buyers are inspecting the property or at any time before the auction. Agents may encourage potential buyers to stop by or call the sales agent's office to register their intent to bid by providing their name and address.

Many details in a bidder's application may also be filled out in advance, such as the property address and owner's name.

When pre-registered bidders arrive at an auction, agents must confirm that they are the same person by checking their ID. The potential buyer may then be provided with a bidder number.

Late arrival

Potential buyers who arrive late to the auction may not be allowed to bid - but will be required to provide a bidder number before the auctioneer can bid.

While agents can decide how they want to deal with late bidder registrations, the following suggestions may be helpful:

1. A sign can be placed near the entrance to inform bidders that they need to register;
2. You can install a registration desk at the entrance;
3. agency staff can clipboard registration forms for late check-ins.

If a bidder arrives at an auction at a crucial time when their bid needs to be made immediately, they should be advised to raise their hand to indicate to the auctioneer that they wish to bid. The agency officer takes time to note the person's details from their ID and give them the member number.

Multifunctional auctions

The laws provide several options for creating a record of bidders at auctions that involve more than one type of property and/or multiple agents.

If more than one property is offered for sale at an auction, a separate bidder record may be created that lists the required data for each property. Bidders will only need to register, receive one bid number, and it will bid on any of the properties listed.

If more than one agent participates in an auction for the sale of several objects:

1. one bidder record can be created for all items being sold;
2. Each agent can create their own bidder record for the properties they sell.

Depending on the size of the auction, you may need to set up multiple registration tables. The person responsible for the organization must ensure that only one series of bidder numbers is used for an auction.

Confidentiality of details

Applicant records are subject to strict confidentiality requirements. The information must not be used for any other purpose and the details contained therein must not be disclosed to anyone else, including the seller.

Saving a recording

Bidders' records are subject to general compliance with legal requirements:

1. Once applicant records are created, the agent responsible for creating the record must store them in a secure location for a minimum of 3 years.
2. Bidders' entries may be made directly on the computer at the auction or later transferred to an electronic medium.
3. If several agents participate in the auction, a separate entry is made for each of them.

Auctioneers

• The auctioneer must not accept a bidder application from a person unless they are registered to bid for the auction and have received the bid.
• Auctioneers shall not be liable to the seller or any other person for the refusal of an unregistered person to bid.
• To protect sellers and buyers, any bid received from an unregistered person will be considered invalid.

The auction can only submit one bid on behalf of the seller. An auctioneer's bid cannot be used unless notice of eligibility is provided in the terms and conditions of sale, which must be clearly displayed and available for inspection prior to the start of the auction. When a seller's bid is made by the auctioneer, he must state that it is a "seller's bid."

A co-owner, executor, administrator or someone bidding on their behalf may make more than one bid if:

• this is indicated in the trading conditions;
• the auctioneer announced this before the start of bidding at the auction;
• The auctioneer announces the bidder registration number of any co-owner, executor, administrator or other bidder on their behalf.

Only one bid can be placed by or on behalf of the seller. When a seller's bid is made, the auctioneer must declare that it is the seller's bid.