Sberbank is placing the security of the contract. Participation in an electronic auction: step by step instructions. Bank guarantee for a government contract

The Sberbank AST platform has become one of the most popular services for participating in tenders, various competitions and government purchases remotely. Knowing how to sign a contract for Sberbank AST, the user will be able to conclude an agreement that will allow the contractor to start fulfilling the conditions specified in the document.

Features of the site

The name Sberbank AST hides an electronic platform designed for various kinds of auctions and purchases initiated by the state. Individual entrepreneurs, individuals, as well as various companies are allowed to participate in such events.

In order to be able to take part in this kind of auction, a candidate will need to meet a number of requirements, as well as provide an established package of documents. It differs and depends on the status of the candidate. However, there are a number of steps that must be performed by all users wishing to bid. Among them:

  • obtaining an EDS and a special certificate, which can be done by contacting one of the authorized certification centers. Such an application will be considered within 7 days;
  • applying for accreditation. The consideration procedure can last for 5 days from the date of application submission;
  • register on this platform using an EDS, as well as specifying the necessary information about the user.

When planning to use this platform to participate in electronic auctions and conclude contracts, the user should take into account that many services provided by Sberbank AST are provided on a paid basis. As a rule, these are various kinds of commissions when making payments or transactions.

Sberbank AST is a popular trading platform for representatives of small and medium-sized businesses

Submission and subsequent signing of the agreement

Users who actively use the capabilities of such an Internet site, upon obtaining the right to execute an order, wish to conclude a contract with the customer and start work. In order to do this, the user will need to have a registered account, valid accreditation and digital signature. It is also necessary to have the right to fulfill the contract, which appears upon winning a tender / auction.

The signing procedure takes place in several stages:

  1. The system participant is authorized on the site.
  2. The preliminary version of the contract is filled in by the customer.
  3. A preliminary version of the agreement is sent to the contractor.
  4. If the terms of the contract are agreed, the next step will be to send the signed draft contract to the customer.
  5. The customer signs the agreement, after which the contract comes into force.

Since each of the above steps requires a lot of actions, it is worth considering them in more detail.

Login to your account on the website

In order to start the procedure, the user will need to log in to the site using their registration data. This will require a valid accreditation, as well as a digital signature. Authorization is carried out in several steps:

  1. Go to the official website of the platform, located at https://www.sberbank-ast.ru.
  2. Click on the button "Enter your personal account".
  3. Select the certificate that you plan to use for login.
  4. On the right side of the interface, you will need to select the Electronic Public Procurement Platform item.
  5. Click the "Login" button.

After that, the user will be able to access his personal account and sign the contract, as well as other necessary actions.

How to submit a draft contract

The terms of service assume that after the selection of the contractor, the customer must, within the specified period, send to the contractor a preliminary version of the contract for further agreement on the conditions and its conclusion. To do this, you will need to log in to your personal account, after which, adhere to the following algorithm of actions:

  1. Go to the "Contracts" section.
  2. Select the item "Customer contracts".
  3. A list of all existing contracts initiated by the user will be displayed in the window that appears. For more information about the desired item, you will need to click on the information icon located to the left of each item presented.
  4. After clicking, the user will be shown all the events associated with the selected agreement. These should include the date of the card formation, as well as the time frame in which the project must be sent to the bidder.
  5. Having opened the "Available actions" category, the user will need to click on the "Submit the draft contract" button, which will send the preliminary version of the agreement to the contractor.
  6. After clicking on this button, a new window called "Contract Draft" will be opened. Using the interface elements, you will need to attach a completed version of the agreement in MS Office Word format - .doc / .docx. The form of the agreement must be obtained using the service zakupki.gov.ru, as it is presented as part of the tender documentation.

When filling out, you must pay special attention to the price of the contract, as well as its other parameters.

When all the necessary information has been entered, and the user has successfully attached the draft agreement, he can send it using the "Sign and Submit" button.

When signing a contract, it is important to take into account all the conditions

Negotiation and signing of the contract

This stage seems to be final, since after the successful signing of the agreement on both sides, the contractor will be able to start performing his duties in accordance with its terms. The order of actions of the contractor to whom the agreement was sent may differ and depends on whether he agrees to the terms proposed by the customer or not.

For both options, the user must have a registered account, as well as an EDS, after which he will need to log in. Actions in your personal account that you need to complete to sign the document:

  1. Open the section "Contracts" and select the item "Contracts of the Contractor".
  2. Find the required agreement and go to its information card using a special icon located to the left of its name.
  3. Press the button "Sign", after which the status of the contract will change to "Concluded".

However, the contractor does not always fit the conditions that the customer offers him in a preliminary agreement. In order to make changes to the proposed agreement, the contractor will need to perform a number of simple manipulations:

  1. Find the required agreement in the category "Contracts of the Contractor".
  2. Read the terms and conditions proposed by the customer.
  3. Press the button "Send the protocol of disagreements".
  4. In the form that appears, describe the comments and suggestions regarding the content of the contract.
  5. Click on the item "Send protocol" and wait for a response proposal.

In a similar way, the terms of the contract are negotiated, which makes cooperation between the parties mutually beneficial. If the new terms of the agreement are acceptable, the user will need to follow the steps to sign the agreement.

Upon receipt of such a protocol, the customer will need to click the "Process protocol" button in the list of available actions. He can either agree to the terms of the contractor, or express a refusal. It is extremely important to take into account that after processing the protocol, a new agreement card will be generated.

Now you can take part in any auction at the sites where you have received accreditation.

Step 3. Preparing a bid for the auction

To participate in the electronic auction, you need to prepare an application. Requirements for documents and filling out forms are defined in the auction documentation.

How to fill in the application for participation in the auction. There are two parts to the application. The first part contains anonymized files and forms: consent, technical part (form 2). In the second part, the documents of the organization are required: TIN, questionnaire, declarations, powers of attorney, SRO, licenses.

Both parts of the order are uploaded to the trading platform at the same time. Each document must be signed with an EDS.

Step 4. Securing the application

After confirming the accreditation, you need to open a special bank account. Funds are transferred to it to secure the bid for the auction.

The amount of security for each auction is set by the customer in the range from 0.5% to 1% of the initial contract price at the initial price up to 20 million rubles and up to 5% over 20 million.

In case of winning and canceling the contract, these funds are withheld and transferred to the customer. Until an electronic auction takes place, this money will be blocked.

If you do not win, the security will be unlocked within 1 business day. If you win, the application security will also be returned, but after the contract security has been entered and signed.

Step 5. Submitting a bid for the auction

An application for an auction can be submitted if funds to secure it have been credited to a special account.

  • The electronic auction on the site is searched for by the registry number
  • Application forms are filled out in the personal account, documents are uploaded
  • Each file and the final application form are signed with a digital signature

After filing, each application is assigned a sequential number. On some sites, it corresponds to the number of applications submitted, and you can use it to determine how many participants there are. If you have doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.

Step 6. Consideration of the first parts of applications

The auction commission of the customer considers the first parts of the applications from 1 to 3 days and makes a decision: admit to electronic trading or reject. The name of the company in the first part is classified until the second parts are considered.

Based on the results of consideration on the site, a protocol is published with the numbers of applications and a decision on admission. Company names remain hidden.

Step 7. Participation in the electronic auction

In case of admission to the bidding procedure, it is important not to miss the time of the electronic auction. This is usually the first working day after the publication of the admission protocol.

Confusion with time zones is possible. The auction can take place early in the morning or at night, and last for hours. You need a reliable Internet and a backup channel, an uninterruptible power supply or a laptop (and a charger!), A validation of the EDS.

There are many more overlays than you might imagine.

How the auction is conducted. When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time for submitting an offer - 10 minutes... After each new bet, 10 minutes are counted down anew.

You always have 10 minutes to decide on a new bet.

You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have elapsed since the last bid, the main trading ends. The first place is taken by the offer with the minimum price. But that is not all.

The second part of the trading session begins, where any participant can put a price outside the auction step and take second place.

There are 10 minutes for this. In case of rejection of the bid of the winner of the auction for the second parts, the contract will be signed with the next participant in turn. Submission in an electronic auction is an important step that increases the likelihood of winning.

We have prepared for you a selection of answers to key questions on the topic of the webinar, the conclusion of a contract in electronic form under 44-FZ. When the winner of the auction can conclude a contract, what conditions must be met for this, how to ensure the execution of the contract - these and other questions are answered by Yuri Maisky.

Can the winner of the auction conclude a contract on the next business day if the last 5th day of signing the contract falls on a weekend?

No. The law sets aside 5 calendar days for signing the contract.

How can you find out that the transfer of money to ensure the execution of the contract through the electronic auction has arrived to the customer (except for his answer by phone / e-mail)?

No way. But this is not required.

Can we, using the electronic auction procedure, release funds to secure the application at the time of signing the contract for this auction?

The securing of the application is automatically unlocked after the contract is signed by both parties.

Want to know more? Take the distance online course Electronic auction for 44-FZ

Our company, being a participant and winner of the auction, signed a contract. Does the customer have the right to demand a change in the amount of the contract down from the price of the contract as a result of the auction?

If such an opportunity is provided for in the procurement documentation, the customer has the right to offer a price reduction. But not to demand. The winner has the right to agree or not.

The transfer of funds to ensure the execution of the contract may not go through, for example, due to the customer's mistake in the details. At the same time, the supplier will not be able to sign the contract on time. What to do?

No technical means blocks the possibility of signing a contract by the participant, except for the delay in the scheduled time. Whether the DS came or not at the customer's account does not matter here. After all, you attach a copy of the payment order and that's it.

On the trading floor "Sberbank-AST" there are "contract" and "for the right to conclude a contract" when the contract is sent to the winner. What should we choose and how are these positions different?

The customer has this choice when forming the contract card. "Contract" - this is when the trades were for a fall, "for the right to conclude a contract" - when the trades crossed 0 and went up.

- After the tender / auction, is the time until the signing of the contract 10-20 calendar or working days?

There are different contract signing procedures for competition and electronic auction. We're only talking about the auction here. At different stages, different days. The first iterations are calendar, the subsequent ones are working.

What will happen if, after the conclusion of the contract, the contractor, at the request of the customer, changed the product to an analogue, although incl. something else was stated? At the same time, the Customer agreed on a new specification. What are the possible consequences?

Neither party has the right to change anything after the deadline for filing applications. Consequences of changes: during checks, the customer can be fined, both the organization and the employees involved (contract managers), the participant can be recognized as unfair.

Instructions for signing a contract on the electronic platform "Sberbank-AST"

1. In the browser, open the main page of the ETP-AST, located at:www. sberbank- ast. ru

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3. Select the user certificate.

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4. Choose "Electronic platform for public procurement".

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5. Click on the "Login" button.

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6. In the Personal Account in the horizontal menu, select the "Contracts" tab - "Customer Contracts"

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7. To open a contract card, click on the "Information" icon

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8. In the window that opens, the customer can view the "Events in chronological order", that is, the date of the formation of the contract card, and the scheduled time for sending it to the participant. An event that must be completed within the specified time frame is highlighted in red.

In other words: "red inscription" in the picture means that the customer must, by 30.03.2015 23:59, send the draft contract to the procurement participant.

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10. A new "Contract Draft" window will open, in which the customer attaches a pre-filled contract in the. doc, . docx(documentMicrosoft Word). The contract for filling is taken from the auction documentation posted on the websitezakupki. gov. ruthe authorized body together with a notice of the procurement.

In addition, the customer must fill in the fields marked with an asterisk, namely: "Contract price" (specified in the summarizing protocol), "Price type" (as a rule, the price type "Contract" is indicated, but if the auction goes through 0 (i.e. f the price was reduced to 0 and the bidding began for an increase for the right to conclude a contract), then the customer must indicate the type of price "The right to conclude a contract")

After filling in all the fields, you must click on the "Sign and send" button.

"Contract concluded" - the contract was signed by both parties, the only available action: "Terminate the contract"

“The protocol of disagreements has been processed. Card revoked ”- Disagreement protocol processed. Available In the "Available actions" section, in addition to "Directing the draft contract to the participant", other actions are available: "Process the protocol of disagreements", "Refusal to conclude a contract", "Terminate the contract". The list of the above available actions may vary depending on the "Status of the contract":

"Draft contract"- the customer has not yet sent the contract to the participant. Available actions: "Directions of the draft contract to the participant", "Refusal to conclude a contract".

"On the signature of the participant"- the customer sent the contract to the participant, but the participant has not signed it yet. Available actions: "Process the protocol of disagreements", "Refusal to conclude a contract."

"The contract was signed by the participant"- the participant signed the contract, but 10 days have not passed since the publication of the final protocol, therefore, there will be no available actions for the customer.

“On the signature of the customer»- the contract was signed by the participant, but not signed by the customer. Available actions: "Process the protocol of disagreements", "Refusal to conclude a contract."

there will be no action on this card, but a new contract card with the status "Contract Draft" will be generated automatically.

11. The winner of the electronic auction with whom the contract is concluded, in case of disagreement on the draft contract sent by the customer, may send a protocol of disagreements, which indicates what needs to be changed in the draft contract.

The customer, in turn, in the section "Available actions" must "Process the protocol of disagreements", registering his consent or disagreement in the arguments of the participant, attaching the necessary document.

In any case, the previous contract card, after processing the protocol of disagreements, will be revoked and a new contract card will be generated.

To send a new draft contract to the participant, the customer must perform the actions described in clauses 9 and 10 of this instruction.

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12. The customer can also initiate the sending of the protocol of disagreements to the participant. For example, in the draft contract signed by the participant, there is no bank guarantee, or the bank guarantee is absent in the register of bank guarantees on the official websitezakupki. gov. ru... Also, if the customer detects any errors in the draft contract, typos, the protocol of disagreements can be processed at any stage of signing the contract.

13. If the status of the contract is “The contract was signed by the participant” on the page “Contracts-Contracts of the customer” in the personal account when you click on the “Information” icon, in “Events in chronological order”, on the page that opens, the “Direction of the signed contract to the customer on 05/04/2015 ", the signing of the contract to the customer will be available only after 05/04/2015 within 3 working days.

After signing the contract on the electronic trading platform on both sides, the customer MUST publish information about him on the official website zakupki. gov. ru... within 3 working days.

For these purposes, state customers of the Samara region (who work through the automated information system of the state order of the Samara region PCWEB-trading-KS) are obliged to form information about the contract (about changing the contract), about the execution of the contract in the PCWEB-trading-KS, in accordance with the guidance:http: // www. webtorgi. samregion. ru / Show / Category / 17? ItemId = 342

Formation of information directly to the OOS by such customers - entails their rejection and blocking.http: // webtorgi. samregion. ru / site / Show / Content / 456

The rest of the customers have the right to use the functionality of generating information directly to the OOS.

In your personal account on the official websitezakupki. gov. ru... a signed contract card is automatically integrated into the register of contracts from the site on the "Preparation of information" tab. This card must be edited, since the information is not received in full.

Then the edited contract must be "Submitted for publication"

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Signing a government contract in electronic form means the parties' certification of the draft contract with their EDS after the end of the auction and the recognition of the 2nd part of the auction winner's application as meeting the documentation requirements.

Terms of signing a state contract

  • A 5-day contract signing period is set for the auction winner.
    • That is, within 5 days after receiving the contract card (on the ETP), he is obliged to sign and send the contract or a protocol of disagreements to the Customer.
    • If the participant does not meet this time, he will be recognized as evading the signing of the contract and will be included in the register of unscrupulous suppliers. In this case, the contract will be concluded with the participant who took 2nd place.

Disagreement protocol to a government contract

  • If the Contractor does not agree with the terms of the contract, then he can prepare and send to the Customer (instead of the signed contract) a protocol of disagreements.
  • If the Customer agrees to make changes, then he corrects the contract and sends it to the participant, who needs to sign the contract within 5 days.
  • If the Customer does not intend to make changes to the contract, he re-sends the contract to the participant (re), who needs to sign the contract within 5 days.

The "sending" of the contract means its placement in the EIS. And the wording "send" more clearly demonstrates the addressee and the addressee and their actions.

Bank guarantee for a government contract

  • To secure the performance of the contract, the Contractor must either transfer the amount of security to the account of the Customer or provide a bank guarantee for the amount of security for the contract.
  • Mechanism: together with the contract, a scan of the bank guarantee is sent to the Customer (attached on the ETP).

Attention.

  • It is mandatory to have time to send the contract to the Customer within the time allotted for this.

Conclusions.

  • If you need to make changes to the contract, it is best to do this by the request method even before participating in the auction.

LEGAL DEPARTMENT REMOTE