16.09.2014 19:46
Good afternoon, dear colleagues! I am pleased to note that my cycle is of great interest to readers. By the way, I would like to note that the number of negative comments regarding GOSZAKUPOK has significantly decreased, on the contrary, potential participants in the order placement ask questions on the merits of the Federal Contract System, find out the subtleties and secrets of participation in GOSTORGAH. Lively interest and many questions were aroused by the article on the State contract in the 44-FZ format, which is not surprising, since the topic is very relevant. Thank you again for your attention and interest, I am sure that we will continue to consider very important and necessary topics, discuss them and increase professionalism, as well as competence in the field of public procurement. It is with great pleasure that I present to you for your consideration a new article with a very important topic: “Auction. What it is? Instructions for use ".
Why did I find this topic really very important? Everything is very simple - today it is a beloved and most demanded procedure in 44-FZ. Here are a few numbers for understanding:
|
year 2009 |
year 2013 |
|
|
Number of accredited participants |
15 000 |
500 000 |
|
Number of electronic auctions held, |
3 800 |
992 000 |
|
Volume, trillion rubles |
0,005 |
4,2 |
|
Average number of applications for one auction |
6,7 |
|
|
Average savings |
4,8% |
9,5% |
Progress on the face! About a million procedures were performed in just a year. More than 4 trillion rubles were spent through electronic auctions. rubles! Colossal money!
The main advantages of an electronic auction:
- Possibility of submitting an application for a participant 24
hours a day
from any region - Simplicity, clarity, openness, convenience
- Increased control capacity (automated control)
- Anonymity of consideration of the application, reducing the risks of collusion
The projected share of electronic procedures in the STATE ORDER - 78% of the total quantity.
Now a little history, where can we go without it.
In a broad sense, the concept of "auction" is understood as a public auction and, accordingly, the sale of certain goods on pre-negotiated terms on the principles of competition (submission of bids with a proposed price). In a narrow sense, an auction is a specific method of purchasing goods that a customer uses.
The origins of modern auctions
The auctions have a three-hundred-year history dating back to the middle of the 17th century. It was from these times that the first Dutch public auction began. Later, their popularity is gaining strength in the UK, and in France, and then everywhere.
Initially, auctions were an easy and quick way to sell property, which usually remained after the death of the owner. The prototype of mortgage auctions arose when it was necessary as a result of such auctions to collect a sum of money to pay off debts.
Fashion for auctions came to Russia already in the 18th century. Serfdom that existed at that time also dictated the form of trading in those days: often in the course of such "deals" serfs were sold. The very first auctions in Russia (1792 and 1793), according to documentary sources of that time, sold only "serf girls".
Auctions have also become widespread in Soviet Russia. Thus, an auction in Leningrad ensured the sale of about 80% of all fur products.
A significant event in the history of public trading in Russia was 1995, when, as part of the execution of the presidential decree, loans-for-shares auctions were held, organized by the State Committee of the Russian Federation.
Nowadays, numerous forms of auctions are known, but nevertheless, with the advent of the computer era, the bulk of auctions is carried out via the Internet in the "on-line" system and is called open auctions in electronic form (OAEF).
Electronic auction.
The Law No. 44-FZ, which entered into force in 2014, provides for the fact that an open auction is necessarily carried out using electronic information means; an EDS is required - an electronic digital signature, the Internet and a computer. This type of competitive procurement is known as an "electronic auction".
Thus, the most optimal way to identify a counterparty for procurement is to organize an electronic auction. After analyzing Law No. 44-FZ (Articles 24 and 59), we can highlight the following features of this type of trading:
Implementation on the basis of the official Internet resource (site);
... availability of a unified data system in which information on procurement is laid out;
... the winner is the auction participant whose price offer for goods or services is lower.
- Anonymity of applications
- Non-personal assessment of auction bids by quality criterion (impersonal)
- Formation of the final protocol by the electronic platform (automation)
- Personal pricing information onlyin the final protocol
Conditions of conducting
The basic condition under which an auction is considered possible is the availability of goods (services) offered for purchase in a special list approved by the Government of the Russian Federation in 2013 - ORDER of October 31, 2013 N 2019-r. However, the customer has the right to make purchases of goods and services that are not spelled out in the list, also through the format of an electronic auction at will (Art. 59, Part 3 of Law No. 44-FZ). Actually, this is why we see a huge number of auctions conducted by the state customer.
It is considered the most rational to conduct an electronic auction for the purpose of purchasing goods or services, for which the price of the contract is the determining factor. In other words, the price in relation to these goods plays a priority role, accordingly, such criteria as the availability of financial resources, the availability of equipment and other material resources owned by the right of ownership or on another legal basis, the presence of work experience related to the subject of the contract are not taken into consideration. , the presence of a business reputation, the availability of specialists and other employees of a certain skill level, the so-called non-cost criteria.
Note that an online auction (open type) is prohibited to conduct in cases requiring a closed method of trading and determined by Law No. 44-FZ (Art. 84 and Art. 86).
Submission and consideration of applications
We believe that the principle by which the electronic auction works is noteworthy: the application for participation is processed not by the customer of the goods himself, but by the operator of the site, which serves as an electronic trading platform (ETP).
If, when considering applications from participants, the customer found certain information incomprehensible or illegible, he can request the necessary documentation. At the same time, again, such a possibility must certainly be spelled out in the Procurement Regulations. Naturally, this concerns the procurement carried out in the 223-FZ format. As for the strictly regulated Federal Contract System, the attitude towards the participant's application is much stricter. The information must be understandable and legible, not contain ambiguous meanings and be reliable. Otherwise, such an auction request will be rejected.
Entered into force in 2014, Law No. 44-FZ provides for the enforcement of contracts in two ways:
... depositing a certain amount of money;
... providing a guarantee from the bank.
The last document from the above can be obtained only from banks that are included in the special state List published on the website of the Ministry of Finance of the Russian Federation. And Art. 45 of Law No. 44-FZ determines the terms of the bank guarantee, the conditions for its validity, the type and amount of the monetary obligation.
After consideration of the first and second parts of applications, it is necessary to draw up an appropriate protocol.
Final protocol of the auction.
Based on the results of the auction, the final protocol of the auction must be written, which indicates the following data:
... information about the auction and the customer;
... maximum (initial) contract price;
... date and exact time of the end of the period for filing applications and the beginning of the electronic auction;
... information about the participants;
... information about the winner of the auction.
After that, this document is published on an electronic resource within the time frame specified by the legislation of the Russian Federation.
Ambiguous situations and conflicts.
Auctions are not always smooth. The parties taking part in them sometimes are faced with not entirely honest trading or simply a disputable situation. But here, of course, my position is quite tough. Each participant in the placement of an order must be able to protect their interests in the field of GOSTORGOV, know the mechanisms and tools for the implementation of such protection. Let's say you are faced with a similar situation during the auction, you must file a corresponding complaint with the FAS, a sample of which can be found on the official website of the FAS (Federal Antimonopoly Service). It is relevant to file a complaint both when working with extra-budgetary organizations, and within the framework of open and closed auctions, in the format of the FCC and 223-FZ.
We also add that Law No. 44-FZ (Art. 50, Part 7) provides that participants in an electronic auction can issue a request for clarification of the documentation. This tool to protect their interests is very often underestimated by auction participants, since many believe that the request will be ignored or the participant will receive an unspecified response. It’s in vain! The customer, with very rare exceptions, respond to a request for clarification and change the auction documentation, and the FAS is subsequently investigated with very malicious violators. Note that the request can be submitted electronically, no later than three days before the deadline for submission of applications.
Summary: the problems identified in advance in the conduct of a particular type of auction will help you avoid wrong decisions and financial losses, and they are possible in this area and lie in wait for you at every step. But that's a completely different story!
Thank you for your attention! Until next time!
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Auctions, depending on the order of their organization, are:
- - voluntary - carried out at the initiative of the owners of the goods for the most profitable sale of them;
- - compulsory - they hold either pawnshops - for the sale of pledged, but not redeemed on time products, or government organizations in order to sell confiscated, unclaimed or unpaid goods.
Types of auctions by scale of activity:
- - national;
- - international.
Types of auctions by technology:
- - consonants (vowels, with an increase in prices) begin with the announcement of the minimum price set by the seller. Buyers make allowances (surplus) to this price by an amount not less than the minimum. The size of the minimum markups is set in the auction rules. If the next price increase is not offered, it is considered sold to the last buyer with the highest price. This auction is also called English;
- - unspoken (dumb) - are also carried out with an increase in price. However, after the auctioneer announces the minimum markup, buyers agree to raise the price using conventional signs. Then the auctioneer announces a new price each time without naming the buyer. With this method, the name of the buyer is kept secret (when selling jewelry or art objects).
Auctions are:
- - with an increase in price - can be public or private;
- - with a decrease in price (Dutch auction) - the starting price is gradually reduced until one of the buyers agrees to purchase the product at this price. Price discounts are set in advance, most often they are used for perishable goods (in particular, flowers).
Some auctions are automated. Each time the price is displayed on the board. A change in price for its increase or decrease during the auction is fixed by the buyer using an electric button that stops the change of numbers on the display. The buyer is identified by a blocked lit lamp at the place of the bidder.
Let's consider several types of auctions based on a number of characteristics.
Auctions can be divided into regular and non-regular. Regular auctions are held by specialized auction firms in the same place once or several times a year, most often at the traditional time for each auction. Irregular auctions are held when it becomes necessary to sell goods that were not received at the specified time from the warehouse, or goods for which it was not possible to find a buyer in any other way.
Bidding at auctions is conducted either with an increase in price ("English auction" - English auction, Buoyant auction), or with a decrease ("Dutch auction" - Dutch auction, Downward auction, Auction of minimum price). Auction bargaining with an increase in price can be conducted "by voice" or by means of gestures. In the first case, the auctioneer announces the lot number and names the starting price, asking: "Who is more?" Buyers raise the price by no less than the minimum markup (0.01-0.025% of the original price). If the next price increase is not offered, then after a three-fold question: "Who is more?" - the lot is considered sold to the one who named the last price.
In a secret bargaining, buyers give the auctioneer signs of consent to increase the price by a predetermined mark-up. The auctioneer, when announcing a new price, does not name the buyer.
In a Down Auction, the auctioneer lowers the price by a predetermined discount. The lot is purchased by the customer who is the first to say yes.
By the nature of the goods being sold, three main types of auctions can be distinguished:
Merchandise auction - which sells works of art, jewelry, furs, as well as unique goods that are in high demand.
Securities auction - purchase and sale of shares, bonds, etc.
Foreign exchange auction - at which foreign convertible currency is sold for the national currency.
In the practice of auction trading, there is such a concept as an international auction (International auction). In international trade, auction goods include furs, unwashed wool, bristles, tobacco, tea, some spices, antiques, racehorses, etc. A general condition of all international auctions is the absence of the seller's responsibility for the quality of the goods exhibited for inspection. Some international auctions establish the buyer's right to entrust (for a special fee) the administration of the auction to dispatch the goods to the place indicated by the buyer.
The most widespread in the Russian economy are auctions for the sale of enterprises in the process of privatization, specialized auctions for the sale of shares of privatized enterprises transformed into joint-stock companies, and for the sale of property of bankrupt enterprises for settlements with creditors.
Internet auction (aka "online auction") - an auction held over the Internet. Unlike conventional auctions, Internet auctions are held at a distance (remotely) and you can participate in them without being in a certain place, by placing bids through the Internet site or the computer program of the auction. The end point of the Internet auction, in contrast to traditional auctions, is predetermined by the seller himself when placing the goods for auction. In ordinary auctions, the struggle continues as long as the auction rates go up. At the end of the Internet auction, the buyer must transfer money to the seller by bank transfer (less often - in cash, for example, when receiving the goods in person), and the seller must send the goods to the buyer by mail, often anywhere in the host country or around the world. The boundaries of the possible shipment of the goods are indicated by the seller himself in advance.
The largest online auction in the world is eBay, founded in 1995 and with a turnover of several million transactions per day. This auction will be discussed in more detail in the third chapter. In Russia, the Molotok.ru auction is very popular, in Ukraine - AUCTION.ua.
Recently, there has been a tendency to connect complementary e-commerce solutions. Payment systems and user authorization solutions are added to the auction systems.
Quite recently, "Scandinavian auctions" began to appear on the field of Internet auctions in Russia - these are online auctions offering buyers goods at low prices (10-20% of their real market value). On the Russian market, such auctions are a fairly new phenomenon, in contrast to Europe. In the UK, the Swoopo.co.uk auction, formerly known as Telebid.com, is very popular. The Fiksuhuuto.fi auction is popular in Finland, Sendioksjon.ee in Estonia.
Internet auctions are very popular among Internet users, in which a bid can be made via SMS from a cell phone. The emergence of this type of auction has caused a sensation among Internet bloggers. On the Internet, there are both opponents of this type of auctions, claiming that so-called bots (pseudo-players) are used here, which do not allow winning a LOT until the cost of the thing being played is paid off by bids, and defenders who admit that although a bot can be used here, players, however, the chances of winning an expensive item for 10% of the cost are very high.
Notes and stories about successful and unsuccessful participation in auctions, tips and strategies on how to place bids correctly in order to win are gaining popularity in the blogging environment. On the English-speaking Internet, condemnation of this type of auction soon escalated into advice on how to win in SMS auctions, to the point of discussing the best software for organizing such auctions, discussing payment methods, and attractive games to attract new entrants.
There are 4 main types of auctions: direct (English), Dutch (wholesale), Yankee (own price), and reverse.
Direct auction (English). This type of auction is the most common (eg www. "EBay" .com). It is conducted with open bidding and price increases. This is how unique products are sold, such as used items, collectibles, wines and more. Bidding ends when the auction period set by the seller expires (from 1 to 14 days). Bidding does not always end with a sale. If a reserve price is set (the minimum price for which the owner of the product agrees to sell it) and it is not reached, then the product is not sold. And, nevertheless, often at such auctions, gamblers raise the price very high.
Reverse auction. In reverse auctions, buyers submit requests for the desired items and sellers compete for the best price and terms (hosted at www.Priceline.com and www.eWanted.com).
Dutch auction. This is a wholesale auction in which a seller can list many items at the same time (eg www.ubid.com). Accordingly, buyers can qualify for the purchase of many units of the product. All winning buyers only pay the lowest price of the winning bid. No reserve price can be placed at the Dutch auction.
Yankee auction (discriminatory). The main feature of the third type of auctions is that the auctions are closed from other participants (as opposed to English or Dutch) and the winner who gave the highest price gets the goods for the price he named. If the product is single, there is only one winner. But if a lot of many units of goods is put up, then not only the one who gave the highest price wins, but also those who gave the price lower. Due to the fact that not all winners pay the same price, this auction is called “discriminatory”. In such an auction, if there is more than one unit of goods in the lot, the bids are sorted from the highest price to the lowest, and the goods are distributed in this order until the end. Usually, each participant submits only one bid, so preparation for such an auction is especially important. A closed auction consists of two phases - the application period and the winner determination phase, when all applications are opened and the winner is determined (sometimes the winner is not announced).
Private or VIP auctions. Usually only a select few will participate and require special accreditation. The bet is accepted for a strictly limited time, and the participant does not have the opportunity to find out the size and number of bets of other participants. The participant has the right to place only one bet.
Judging by the above, the author concludes that the topic of the auction as a form of international trade is rather complicated and interesting. There are many classifications according to the types of goods sold, decrease / increase in the starting price, etc. As for the Internet auctions, they deserve special attention, as. are a new form of international trade that erases the boundaries of space and time between participants.
They have several varieties, the most famous of which are the following:
- direct (English) auctions;
- reverse wholesale (Dutch) auctions;
- reverse auctions (reductions);
- lower auctions - rebidding.
Direct (English) auctions
English is auctions With increase in starting price, upward auctions (English auction).
When English auctions are held, bidders raise the price per lot from the originally set level (minimum starting price). Incoming 
bids are publicly announced, and as a result, the winner is the participant who offered the maximum price at the close of the auction. Depending on the decision of the organizer, proposals can be made by participants in any order or in turn.
Direct auctions can have a fixed duration (usually they use electronic auctions held over the Internet), or until new offers stop receiving (familiar from the movies: “Place your bids, gentlemen ... One-two-three ... Sold to the gentleman in black jacket! ").
In some cases, the seller sets the minimum ("reserve") price of the lot. If during the auction this price remains unreached, the lot is withdrawn from the auction.
Direct auctions have one of the varieties, these are the so-called Japanese auctions - open auctions with rising prices, in which the price rises continuously and participants drop out one by one, without the right to return. However, such auctions are rarely used.
Reverse wholesale (Dutch) auctions
Dutch are auctions With lower starting price, downgrading auctions (English Dutch auction, auction of minimum price).
In a Dutch auction, the auction starts at a very high price and continues with a decrease until a buyer is found willing to buy at the announced price.
Often, when conducting a reverse auction, the seller can put up several units of the same product at once at a higher price, and then reduce it step by step. As soon as any participant agrees to pay this price, the auction ends.
All auction winners, regardless of how high the price was offered by them, at the end of such an auction, buy the item at the lowest of the winning prices.
Example-
IF three identical cars were put up for auction and the final winners' bids were $ 17,000, $ 15,500 and $ 16,000, then all three cars will be sold at the lowest of the three prices, that is, $ 15,500.
Historically, Dutch auctions were used to sell perishable goods (tulips, fresh fish, Treasury securities, etc.) and were held on a very tight schedule.
Now the Dutch auction is most often used to sell flowers, second-hand goods, as well as securities, objects of construction in progress.
Reverse auctions - reductions
Reductions are reverse auctions with a gradual decline in prices.
When there are reverse auctions, the buyer is in the buying process himself sets the starting starting price, and sellers - participants in the auction - make their offers to him, gradually reducing prices.
In this case, the winner is the seller who offered the buyer the lowest price for his goods (work, services).
Currently, the reduction is actively used by commercial enterprises as an additional competitive procedure for tenders. The reduction gives the maximum economic effect due to three features: firstly, the efficiency of its conduct, especially when it is conducted in absentia (for example, by phone), and secondly, increasing the transparency of the procurement due to the open announcement of competitors' price proposals to all tenderers and, in - third, the ability of each of the participants (suppliers) to reduce the cost of their proposal an unlimited number of times.
Reduction auctions - rebidding
When are auctions to decrease the main goal - voluntary reduction bidders the price of their offer in the course of the competition. But short auctions do not always mean only price competition. Often it is quite justified to carry out rebidding in terms of the content of the offers of bidders. Such auctions can offer, for example, better payment or delivery terms, longer warranty periods, additional services, etc. Thus, this is a combined procedure and its application can further increase the efficiency of competitive procurement.
Section: Seminars
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