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Mini-auction. Law violation? Working conditions on the portal

Big value of a small auction

Since March of this year, the capital has been using mini-auctions, which simplify the procedure for entrepreneurs to participate in procurement. This is a fundamentally new mechanism for identifying a supplier in small volume purchases. Mini-auctions allow you to carry out procurement with the lowest organizational and financial costs; they take one day to complete, which certainly saves time for both customers and suppliers. The annual volume of contracts that can be concluded through mini-auctions is estimated at approximately 5 billion rubles. - Gennady Degtev, head of the Moscow City Department for Competition Policy, spoke about this at the start of the project in March 2017. There is no doubt that this goal will be achieved. Already, more than a thousand purchases are being made on the Moscow Supplier Portal through mini-auctions.

NEW MECHANISM

How do mini-auctions differ from regular ones? Firstly, they are a fundamentally new mechanism for identifying a supplier in small-volume purchases. Secondly, its simplified form makes it possible to optimize budget expenditures, because in this case prices are formed based on real market offers and the initial maximum contract price is significantly reduced. Thirdly, the new mechanism allows us to significantly expand the range of suppliers, which leads to increased competition when purchasing from a single supplier.

The mini-auction provides for a clear response from the supplier to the customer’s needs through the prompt formation of price proposals, explains Gennady Degtev, head of the Moscow City Department for Competition Policy. - Based on the results of the mini-auction, the supplier who offered the best price submits an offer and concludes a contract with the customer. A mini-auction differs from a classic auction in the speed of submitting an application and the procedure for concluding a contract.

The first city customer within the pilot project with mini-auctions was the capital's Department of Education, namely 28 educational institutions in Moscow, which are members of the Association of Procurement Specialists in Education. As a result of the procedures carried out, the average number of suppliers exceeded five participants, the reduction in the initial maximum price was 20%. Professionals assessed the result of this work within the pilot project as optimal. Testing of the innovative format for selecting suppliers in the city continues successfully.

The pilot project started two months ago, during this time educational institutions held 1,100 mini-auctions worth about 180 million rubles,” noted Natalya Sergunina, Deputy Mayor of Moscow in the Moscow Government for economic policy and property and land relations. - Based on the results of the auction, the average reduction in initial prices was more than 20%. Only within the framework of the pilot project, it was possible to save approximately 50 million rubles in this way. budget funds.

The potential of the mini-auction format as an effective tool for reducing the NMCC, and therefore saving budget money on a metropolitan scale, is obvious,” emphasized Gennady Degtev, head of the Moscow City Department for Competition Policy.

HOW IT WORKS

To participate in the mini-auction, the supplier must post a public offer. From the offers selected by the customer that are included in the approved type of product (145 types), a mini-auction is automatically formed in the EAIST electronic store. Next, all suppliers who have placed selected offers for this category of products, including the higher classifier group, are sent a notification about their participation in the mini-auction. The mini-auction is held for several items of the same type of product from the classifier (2nd level), for example, “Food” or “IT goods”. Mini-auction step: 0.5%. The time allotted for the mini-auction is one working day, including weekends. The deadline for the winner to sign the offer is also one business day from the end of the auction. Based on the results of the mini-auction, the winning supplier forms a draft contract. When the customer signs a contract, a unique “one-time” offer is used, available to the customer who has completed the mini-auction.

Experts also warn about incidents that may occur among suppliers working as part of the mini-auction pilot project. So, perhaps you will see a message: “The period for publishing the offer has expired and you need to extend the counter.” In your personal account, problems may arise with change orders. Also, in the supplier’s personal account there may be problems with changing the electronic digital signature - the error “This certificate contains the TIN of another organization.” The “Contract” section may not have a “Sign” button. In the “Offer” there may be an error when saving - “The current user is not defined.” The offer number may also not be displayed or the results may fail (contract formation in EAIST 2). Here experts advise not to panic, but to consult and try again. This is why the project is a pilot, to work out the theory in practice, to debug the entire mechanism of interaction between participants in mini-auctions.

It is worth noting that this is not the first time that Moscow has become an experimental platform for innovative ideas. And how the capital copes with the tasks assigned to it affects the future fate of innovation. Most of the projects that were tested in our city were later successfully extended throughout the country. The authorship of many innovations belongs to Moscow itself. Today this can also be attributed to mini-auctions.

Information and analytical publication "Bulletin of Operational Information "Moscow Trades"

Hello, Grigory Vladimirovich!

A pilot project to introduce mini-auctions in small-volume purchases started in March.

Article 447 of the Civil Code of the Russian Federation. Conclusion of a contract at auction

1. An agreement, unless otherwise follows from its essence, may be concluded through bidding. The contract is concluded with the person who wins the auction.

2. The organizer of the auction may be the owner of the thing or the holder of another property right to it. The organizer of the auction may also be a specialized organization or other person who acts on the basis of an agreement with the owner of the thing or the holder of another property right to it and acts on their behalf or on its own behalf, unless otherwise provided by law.

(Clause 2 as amended by Federal Law dated December 30, 2008 N 306-FZ)

(see text in the previous edition)

3. In the cases specified in this Code or another law, contracts for the sale of things or property rights can only be concluded through auctions.

4. Bidding is carried out in the form of an auction or competition.

The winner of the auction is the person who offered the highest price, and in the competition - the person who, according to the conclusion of the competition commission, pre-appointed by the auction organizer, offered the best conditions.

The form of bidding is determined by the owner of the item being sold or the owner of the property right being sold, unless otherwise provided by law.

5. An auction or competition in which only one participant participated is declared invalid.

6. The rules provided for in Articles 448 and 449 of this Code apply to public auctions held in execution of a court decision, unless otherwise provided by procedural legislation.

Article 448. Organization and procedure for holding auctions

1. Auctions and competitions can be open or closed.

Any person can participate in an open auction and open competition. Only persons specifically invited for this purpose participate in a closed auction and closed competition.

2. Unless otherwise provided by law, notice of the auction must be made by the organizer at least thirty days before the auction. The notice must, in any case, contain information about the time, place and form of the auction, its subject and procedure, including registration of participation in the auction, determination of the person who won the auction, as well as information about the starting price.

If the subject of the auction is only the right to conclude a contract, the notice of the upcoming auction must indicate the period provided for this.

3. Unless otherwise provided by law or in the notice of the auction, the organizer of the open auction who made the notice has the right to refuse to hold the auction at any time, but no later than three days before the date of its holding, and the competition - no later than thirty days before the competition.

In cases where the organizer of an open auction refused to conduct it in violation of the specified deadlines, he is obliged to compensate the participants for the actual damage they suffered.

The organizer of a closed auction or closed competition is obliged to compensate the participants invited by him for real damage, regardless of the exact period of time after sending the notice that the auction was refused.

4. Bidders make a deposit in the amount, terms and manner specified in the notice of bidding. If the auction does not take place, the deposit will be returned. The deposit is also returned to persons who participated in the auction but did not win it.

When concluding an agreement with the person who has won the auction, the amount of the deposit paid by him is counted towards the fulfillment of obligations under the concluded agreement.

5. The person who wins the auction and the auction organizer sign on the day of the auction or competition a protocol on the results of the auction, which has the force of a contract. The person who wins the auction, if he evades signing the protocol, loses the deposit he made. The organizer of the auction, who evaded signing the protocol, is obliged to return the deposit in double amount, as well as to compensate the person who won the auction for losses caused by participation in the auction, in a part exceeding the amount of the deposit.

The license fee for the right to conduct local auctions and lotteries is established on the basis of the Law of the Russian Federation On the Fundamentals of the Tax System in the Russian Federation.

To successfully participate in a mini-auction, you must quickly create a price proposal. Based on the results of the procedure, the entrepreneur who offered the best price for the supply issues an offer and concludes a contract with the customer.

Hello, dear readers of the ABC of Tenders online school! In this article we would like to introduce you to another interesting and useful resource for suppliers - zakupki.mos.ru. This is a supplier portal for the city of Moscow and the Moscow region. Small volume purchases are carried out on this site in accordance with clauses 4, 5, part 1 of Art. 93 of the Federal Law of 04/05/2013 No. 44-FZ. We will tell you more about what this portal is and how it can be useful to you and your business below in this article.

The supplier portal is an online resource that was created by the Moscow City Government in 2013 to increase transparency and automate small-volume procurement in accordance with clauses 4, 5, part 1 of Art. 93 44-FZ (purchases from a single supplier).

In fact, the Moscow supplier portal is an electronic store for small-volume government procurement (up to 100 thousand rubles, any Customers can purchase in this “store”, and up to 400 thousand rubles - cultural institutions and educational institutions).

This resource was created with the aim of attracting small and medium-sized businesses to participate in government procurement, as well as creating a showcase of goods (works, services), where Moscow Customers could choose the best offer in terms of price-quality ratio.

It is worth noting that at the moment, more than 8,000 government customers of the city of Moscow are registered on the official website zakupki.mos.ru (these are government bodies, local governments, budgetary institutions, etc.), but the supplier here can be a procurement participant absolutely from any region. The number of registered suppliers on the portal at the time of writing this article exceeded 92,000.

Thus, the Customer can find the supplier he needs on the portal, without carrying out a procurement procedure, security and other bureaucracy, and the supplier can declare himself by posting information about his goods, works, services (i.e. create an offer).

The official website zakupki.mos.ru consists of 7 key sections:

  • Suppliers(here contains information about suppliers registered on the portal, information about contracts they have concluded and posted offers);
  • Customers(this section contains information about Customers, their purchases and concluded contracts);
  • Offers(here contains information about goods, works, services);
  • Plans(this section contains Customers’ procurement plans under 44-FZ);
  • Procurement(here contains information about ongoing procurements, and it is worth noting that some of the information is duplicated from the EIS website);
  • Quotation sessions (here contains information about small volume procurement procedures for which price proposals can be submitted);
  • Contracts(this section contains information about concluded contracts).

Advantages of working on the portal for the supplier and buyer (Customer)

Below is a screenshot from the site, which lists the key advantages of using this resource for each party.

Working conditions on the portal

As mentioned above, a supplier on the procurement portal.mos.ru can be a procurement participant from absolutely any region. Such a supplier can be either a legal entity or an individual, including one registered as an individual entrepreneur. Registration and work on the Moscow supplier portal is absolutely free.

Registration on the supplier portal

To fully work with the portal, you will need to register, which will require an electronic signature certificate, as well as setting up an Internet browser. An electronic digital signature for the Moscow supplier portal can be issued by any electronic platform (or CA) for participation in auctions under 44-FZ.

Setting up a browser to work with the portal is very similar to setting up a browser to work on “federal” electronic platforms. If you have already been accredited for the ETP, then you will not have any problems with the setup. In addition, the website contains detailed instructions for working with the portal.

After you have completed all the necessary settings, you can go to the “Checking workplace settings” section and make sure that all the settings have been completed correctly. If any of the settings contain an error, you will find information about what actions need to be taken to correct this error.

Options for working with the portal from the supplier side

In fact, there are only two options for working with the portal from the supplier’s side.

First option — this is the creation of offers on the site.

We think you know what an offer is, so we won’t go into too much detail about this term. On the procurement.mos.ru website, the offer is a product (work, service) card signed with your digital signature and looks like this:

Second option — participation in quotation sessions (they are also called mini-auctions).

Quotation session is a procedure for selecting a supplier through an electronic mini-auction under 44-FZ, which lasts 24 hours and takes place on a working day.

The algorithm for participation in the quotation session is as follows:

  1. Invitations to new auctions are automatically sent to suppliers (provided that these suppliers have posted offers on the website for similar goods, works, services). Or suppliers themselves find these quotation sessions (mini-auctions) on the portal.
  2. Suppliers place their bids. The following rules apply for bids: each subsequent bid must be less than the previous one, a one-time reduction in the bid must be 0.5% of the initial price of the mini-auction, the bid must be a multiple of 10 rubles.
  3. During the quotation session, the supplier is informed if a bid is made that outbids his bid. The notification contains a direct link to the corresponding quotation session and information about the fact of a new rate.
  4. The winner is the supplier who offers the lowest price before the end of the auction. Moreover, if a bid is made less than 5 minutes before the end of the auction, the auction is extended for another 5 minutes.
  5. The winner of the mini-auction creates and publishes an offer based on the results of the quotation session within 24 hours (including weekends) from the end of this session.
  6. Next, the contract is signed by the Customer.

Important point: Participation in the mini-auction is completely anonymous: neither the Customer nor the suppliers know who is taking part in it. Only the name of the winner becomes known.

To achieve the best result, you need to use both proposed options for working with the portal.

How is the Moscow supplier portal useful for your business?

In addition to the above options (creating offers and participating in quotation sessions), the supplier portal can also be used to analyze the prices of your competitors. By searching for specific goods, works, or services, you can see price offers from suppliers.

If you participate in government procurement in Moscow and the Moscow region, then on the same website you can also search for placed purchases, since they are duplicated with the official EIS website.

It is also worth considering the fact that in addition to government customers, commercial customers are also registered on this portal, who may also need your goods, works and services. Therefore, registering on the Moscow supplier portal will bring additional benefits to you and your business.

This concludes our article. See you in the next issues.

If the material was useful to you, please like, repost and share this information with your friends and colleagues on social networks. All questions on the topic of the article can be asked below in the comments, we will be happy to answer them.

This is the purchase by the government of goods, works or services.

Government procurement is the same market for goods and services with one caveat: the buyers are state, regional and municipal enterprises and organizations. They also need ordinary paper clips and pencils, medical supplies, office furniture or their own website. They need to maintain and restore buildings, remove garbage and install Internet and telephony.

Simply put, government procurement exists in every field and in every region. They are interesting to business because the state is a good partner. The supplier can be a legal entity, an individual entrepreneur or an individual. Money for government procurement is included in the budget, so you are guaranteed to be paid for the goods delivered or the service performed.

Why participate in government procurement?

This is a good market.

Government organizations are a significant part of our economy. According to the FAS, the state's share in Russia's GDP has doubled in 10 years. In 2005 it was 35%, and in 2015 - 70%.

In addition, it increases the level of trust in your company and has a good effect on your reputation. Therefore, such a significant layer of the economy should not be overlooked.

I don't understand anything about government procurement. How to participate in them?

Government purchases come in different volumes. If the cost of purchases is more than 100 thousand rubles, information about them is posted on the website zakupki.gov.ru. Look for a suitable competition, submit an application and participate in the electronic auction. This is not an easy process, but if you want to compete for a significant part of the market, then it’s worth figuring it out. The main thing is to be patient.

There is an easier way to participate in government procurement, without competitions and auctions. It is of interest to small and medium-sized businesses due to the simplified participation procedure and small contract amounts. It looks like this: you offer your product or service to a government agency, and it selects a supplier and enters into a contract.

This procurement option is possible if their cost does not exceed 100 thousand rubles (or 400 thousand rubles if the purchase is made by educational organizations or cultural institutions: zoos, planetariums, recreation parks, theaters, philharmonic societies, libraries, and so on). Such purchases are called small volume purchases.

How to participate in small volume purchases?

The fact is that, according to No. 44-FZ, which regulates government procurement, information about small-volume purchases need not be published anywhere. It is believed that they are insignificant and holding auctions for such amounts is inappropriate. Therefore, government customers usually look for goods without competition (often choosing not the most advantageous offer and spending budget money ineffectively), and entrepreneurs cannot offer their services.

Moscow took a different path. To save budget and attract small and medium-sized businesses to government procurement, the city leadership created a single supplier portal. Not a single state or municipal institution in Moscow can conclude a small-volume procurement contract without going through the website. If we draw an analogy, you cannot buy bread without going to the store to buy it.

The Moscow supplier portal is focused specifically on small-volume purchases of up to 100 thousand rubles (or 400 thousand rubles if the purchase is made by cultural institutions or educational organizations). In addition, the portal hosts non-competitive purchases of medicines based on decisions of medical commissions.

And what is the Moscow supplier portal?

This is an online platform on which the city posts information about small-scale purchases and provides small businesses with access to the market for goods and services with a turnover of about 20 billion rubles per year.

Individual entrepreneurs and small businesses participate in government procurement in Moscow without auctions or unnecessary hassles. Anyone can post an offer on the portal, and city customers (there are more than 2.5 thousand of them) choose the best offer. Essentially, this is a store where you place your goods or services, offering them to the government.

Government procurement on the website takes place electronically. View orders and offer your services to state and municipal organizations and institutions without leaving your home.

The trick of the portal is that all procurement data is open and everything is transparent. You can see:

  • Procurement plans of government agencies and institutions for the coming year (in the “Plans” section).
  • Offers and prices of competitors (in the “Offers” section).
  • Transaction history for each registered supplier or customer (in the “Purchases” section).
  • Concluded contracts (in the “Contracts” section).

In the field of small-scale government procurement, clear and understandable rules have appeared that any entrepreneur can study. The chance of receiving a government order in such a system is much higher: you study the market and offer the best option available. At the same time, you do not reduce the price below the market price, do not work at a loss, but sell the product or service at a fair price.

This is just a semblance of honest procurement, isn’t it?

No, purchases are carried out honestly, without acquaintances and cronyism. 93% of entrepreneurs registered on the website received government orders and became suppliers.

Integrity is achieved through transparency, openness, electronic document management and clear procedures. It is precisely for this purpose that all data on previous contracts is open on the portal. Everything can be traced and, if something is dishonest, you can contact the FAS. Violations are fraught with heavy fines and criminal liability.

This is a cool solution for government procurement, which is used in the EU and other developed countries. For example, the top five leading countries in the Corruption Perceptions Index in 2016 included Denmark, New Zealand, Finland, Sweden and Switzerland, which adhere to similar principles in public procurement.

If you still don’t believe in the integrity of procurement on the portal, the numbers speak for themselves: in 2016, Moscow saved about 37 billion rubles on government procurement, topping the National Procurement Transparency Rating.

Convinced. How to become a supplier?

To become a supplier, you need to complete several steps.

Creating an offer using an electronic signature as an example.

From your personal account in the top menu, select the item “My offers” - sub-item “ Create an offer"


The offer card opens. The first tab – “General Information” – is the most informative and has the maximum number of fields describing your product or service.
Field one – "Tags"




A very important area that many companies neglect. However, this is one of the fields by which the customer can find your offer. In this case, tags can only be selected from the drop-down list. In our case, we add an “electronic” “certificate” “signature”


TIP: try to add words as if you were asking a query in a search engine, for example: electronic certificate, electronic signature, etc.

Next is the “change product type” button - the main field. This is where it is necessary to specifically select the subject of the offer. It is worth noting that although the product directory has a search feature, it often does not work, so we recommend entering it manually.
In our case, this is “Information technology (IT) services, ensuring information security” In our case, this is “Information technology (IT) services, ensuring information security”



TIP: Please note that only the “products” category is available to individuals. Works and services are not available to them. This means that if you offer a service/job, this value is not available to you.

Next comes filling out the Article form - you fill out this field yourself; you just need it to make it more convenient to manage your offers. The field must be unique and cannot be the same for two different offers.
Type of units of measurement and units of measurement - choose based on your subject of the offer. Currency – the only available choice is the Russian ruble.



TIP: the same service can be measured both in economic units, for example, pieces, and in time units. For example: advanced training courses consisting of 10 lessons. They can be measured in units (price for a full course of training or one lesson) or in hours of training. In this case, we recommend creating two offers for one service. When searching for suppliers, customers often sort by price, so the offer with the lowest price per hour will be seen first.



The last field on this tab indicates the minimum and maximum quantities of goods/services ordered and the start date and expiration date of the offer. The standard validity period of the offer is one year.


Next Tab – Product Details



This is a tab whose fields are not required to be filled in. We are only interested in two fields on it - “Additional characteristics” and “Product image”. In the additional characteristics field, you can indicate any qualities that may sway the customer in your favor: special payment terms, additional advantages over competitors, etc.
Product image – select an image from your computer or from previously downloaded supplier portals (if any)




The next tab is “Delivery information”


Packaging unit – depending on the product. If you offer a service, most likely you will have “no packaging”.


Number of units – may not be specified.
Delivery region – indicate any region to which you can deliver. If you work throughout Russia, you can specify “Select all”
Additional information - you can specify any information about the delivery: type of delivery, courier, transport company, without delivery, etc.


FILES tab

The “Attached files” field is optional.
The “Draft Agreement” field is a required field. It is necessary to upload the draft (fish) of the contract.



After the saving is successful, additional buttons “sign”, “copy” and “delete” appear. It is also clear that the register number of the offer has not yet been assigned, and its status is entering information. For customers to see your offer, you need to transfer it to the “registered” status. To do this, click on the “sign” button and in the window that appears, select the certificate and click “sign all” - after successful signing, select “confirm”, after which you should see a message about successful registration of the offer


“Sign all” - after successful signing, select “Confirm”, after which you should see a message about the successful registration of the offer



After that, we see our offer, and most importantly, its registration number. That's all!

TIP: Remember or write down the registration number of your offer. If you are the first to contact the customer, all you have to do is send a number to conclude a contract.



 


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