4) the initial (minimum) contract price (lot price) indicating, if necessary, the initial (minimum) contract price (lot price) per unit area of \u200b\u200bstate or municipal property, the rights to which are transferred under the contract, in the amount of a monthly or annual payment for the right of ownership or the use of the specified property, in the amount of payment for the right to conclude an agreement for the gratuitous use of the specified property, with the exception of holding a tender for the right to conclude a lease agreement in relation to heat supply, water supply and (or) sanitation facilities;
5) the term of the contract;
6) the time, place and procedure for the submission of tender documentation, the electronic address of the Internet site on which the tender documentation is posted, the amount, procedure and terms of payment of the fee charged for the provision of tender documentation, if such a fee is established;
10) an indication that only small and medium-sized businesses that have the right to support public authorities and local governments in accordance with parts 3 and 5 of article 14 of the Federal Law "On the development of small and medium-sized businesses in Russian Federation", or organizations that form the infrastructure for supporting small and medium-sized businesses, in the event of a tender for property provided for by Law No. 209-FZ.
32. The organizer of the tender has the right to make a decision on amending the notice of the tender not later than five days before the deadline for submitting applications for participation in the tender. Within one day from the date of the said decision, such changes are posted by the organizer of the competition or a specialized organization on the official website of the auction. At the same time, the deadline for submitting applications for participation in the tender should be extended in such a way that from the date of posting on the official website of the auction the amendments to the notice of the tender until the deadline for filing applications for participation in the tender, it was at least twenty days.
33. The organizer of the tender has the right to refuse to hold the tender not later than five days before the deadline for submitting applications for participation in the tender. A notice of refusal to conduct a tender is posted on the official website of the auction within one day from the date of the decision to refuse to conduct a tender. Within two working days from the date of adoption of the specified decision, the organizer of the competition opens (if the postal address is not indicated on the envelope (for legal entity) or information about the place of residence (for an individual) of the applicant) envelopes with applications for participation in the competition, access to the applications for participation in the competition submitted in the form of electronic documents is opened and sends appropriate notifications to all applicants. If there is a requirement for a deposit, the organizer of the competition returns to the applicants cash, made as a deposit, within five working days from the date of the decision to refuse the tender.
Vii. Tender documentation
35. The tender documentation must contain requirements for the technical condition of state or municipal property, the rights to which are transferred under the contract, to which this property must comply at the time of the expiration of the contract.
36. Tender documentation may contain requirements for the volume, list, quality and timing of work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for the quality, technical characteristics of goods (works, services), the supply (execution, provision) of which occurs using such property, the requirements for the description of the supplied goods by the bidders, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, the requirements for the description by the bidders of the work performed, the services provided, and their quantitative and quality characteristics.
37. It is not allowed to be included in the tender documentation (including in the form of requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for quality, technical characteristics , goods (works, services), the delivery (execution, provision) of which occurs with the use of such property) requirements for the bidder (including requirements for the qualifications of the bidder, including the bidder's work experience), as well as requirements for his business reputation, requirements for the participant in the competition to have production capacities, technological equipment, labor, financial and other resources.
38. When developing tender documentation, it is prohibited to include in one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion in one lot of state or municipal property intended for power supply, heat supply, gas supply, as well as water supply and wastewater disposal.
39. The period specified in the tender documentation for which contracts are concluded in relation to property provided for by the Law
40. The tender documentation, in addition to the information and information contained in the notice of the tender, must contain:
4) the procedure for transferring the rights to property created by the tender participant as part of the performance of the contract concluded as a result of the tender, and intended for the supply of goods (performance of work, provision of services), the delivery (execution, provision) of which occurs using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property is provided for by the agreement;
5) the procedure, place, start date, date and time of the end of the deadline for submitting applications for participation in the competition. In this case, the start date of the deadline for submitting applications for participation in the tender is the day following the day the notice of the tender was posted on the official website of the auction. The date and time of the deadline for submitting applications for participation in the competition is established in accordance with clause 62 of these Rules;
Information about changes:
10) criteria for evaluating applications for participation in the tender, established in accordance with paragraphs 77, 77.1 of these Rules;
12) the requirement to make a deposit, the amount of the deposit, the term and procedure for making the deposit, the account details for transferring the deposit if the organizer of the competition establishes the requirement for the need to pay the deposit. At the same time, if the organizer of the tender establishes the requirement for a deposit, and the applicant has submitted an application for participation in the tender in accordance with the requirements of the tender documentation, the agreement on the deposit between the organizer of the tender and the applicant is considered to be completed in writing. The establishment of a requirement for the mandatory conclusion of a deposit agreement between the organizer of the tender and the applicant is not allowed;
13) the amount of security for the execution of the contract, the time period and procedure for its provision if the organizer of the tender has established a requirement to secure the performance of the contract. The amount of security for the performance of the contract is established by the organizer of the competition. In this case, the requirement to ensure the execution of the contract when holding a tender in relation to property provided for by the Law
14) the period within which the draft agreement must be signed, which is at least ten days from the date of posting on the official website of the auction of the protocol for evaluating and comparing applications for participation in the tender or the protocol for considering applications for participation in the tender if the tender is declared invalid by the reason for filing a single application for participation in the competition or recognition of only one applicant as a participant in the competition;
15) the date, time, schedule of the inspection of the property, the rights to which are transferred under the contract. The inspection is provided by the organizer of the competition or a specialized organization free of charge. Such inspection is carried out at least every five working days from the date of placing the notice of the tender on the official website of the auction, but not later than two working days before the date of opening the envelopes with applications for participation in the tender;
16) an indication that when concluding and executing a contract, changing the terms of the contract specified in clause 98 of these Rules, by agreement of the parties and unilaterally, is not allowed;
Information about changes:
2) a proposal for the price of the contract, with the exception of holding a tender for the right to conclude a lease agreement in relation to heat supply, water supply and (or) wastewater disposal facilities;
3) proposals on the conditions for the execution of the contract, which are criteria for evaluating applications for participation in the tender. In the cases provided for by the tender documentation, also copies of documents confirming the compliance of goods (works, services) with the established requirements, if such requirements are established by the legislation of the Russian Federation;
53. It is not allowed to demand from the applicants otherwise, with the exception of documents and information provided for in parts "a" - "c", "e" - "g" of subparagraph 1, subparagraphs 2-4 of paragraph 52 of these Rules. It is not allowed to require the applicant to provide original documents.
54. Upon receipt of an application for participation in a tender submitted in the form of an electronic document, the organizer of the tender or a specialized organization must confirm its receipt in writing or in the form of an electronic document within one working day from the date of receipt of such an application.
57. Applicants, tender organizer, tender commission, specialized organization are obliged to ensure the confidentiality of information contained in applications for participation in the tender until the envelopes with applications for participation in the tender are opened and access to the applications for participation in the tender submitted in the form of electronic documents is opened. Persons storing envelopes with applications for participation in the tender and applications for participation in the tender submitted in the form of electronic documents shall not be entitled to damage such envelopes and applications until they are opened in accordance with paragraphs 61-69 of these Rules.
58. The applicant has the right to change or withdraw the application for participation in the tender at any time before the tender commission opens the envelopes with applications for participation in the tender and opens access to the applications for participation in the tender submitted in the form of electronic documents. If the tender documentation established the requirement for a deposit, the organizer of the tender is obliged to return the deposit to the applicant who has withdrawn the application for participation in the tender within five working days from the date of receipt of the notice of the withdrawal of the application for participation in the tender to the organizer of the tender.
59. Each envelope with an application for participation in the tender and each application for participation in the tender submitted in the form of an electronic document, received on the date specified in the tender documentation, are registered by the organizer of the tender or a specialized organization. At the same time, refusal to accept and register an envelope with an application for participation in a tender, which does not indicate information about the applicant who submitted such an envelope, as well as a requirement to provide such information, including in the form of documents confirming the powers of the person who submitted the envelope with the application to participate in the competition, to carry out such actions on behalf of the applicant is not allowed. At the request of the applicant, the organizer of the competition or a specialized organization issues a receipt for the envelope with such an application indicating the date and time of its receipt.
60. If at the end of the deadline for submitting applications for participation in the competition, only one application for participation in the competition has been submitted or no applications for participation in the competition have been submitted, the competition shall be declared invalid. If the tender documentation provides for two or more lots, the tender is declared invalid only in respect of those lots for which only one application has been submitted or not a single application has been submitted.
XI. The procedure for opening envelopes with applications for participation in the competition and opening access to applications for participation in the competition submitted in the form of electronic documents
61. The Tender Commission publicly on the day, time and place specified in the notice of the tender, open the envelopes with applications for participation in the tender and open access to the applications for participation in the tender submitted in the form of electronic documents. The opening of envelopes with applications for participation in the competition and the opening of access to applications for participation in the competition submitted in the form of electronic documents are carried out simultaneously.
62. On the day of opening envelopes with applications for participation in the tender, immediately before opening envelopes with applications for participation in the tender or in the case of a tender for several lots, before opening envelopes with applications for participation in the tender for each lot, but not earlier than the time specified in the notice of the tender, the tender commission is obliged to announce to the persons present at the opening of envelopes with applications for participation in the tender about the possibility to submit applications for participation in the tender, change or withdraw the submitted applications for participation in the tender before opening the envelopes with applications for participation in the tender.
63. The Tender Commission opens the envelopes with applications for participation in the tender that were received by the organizer of the tender or a specialized organization before opening the envelopes with applications for participation in the tender. If it is established that one applicant has submitted two or more applications for participation in the tender in relation to the same lot, provided that the applications submitted earlier by this applicant have not been withdrawn, all applications for participation in the tender of such an applicant submitted with respect to this lot shall not are reviewed and returned to that applicant.
65. When opening envelopes with applications for participation in the tender, the name (for a legal entity), surname, name, patronymic shall be announced and entered into the protocol of opening envelopes with applications for participation in the tender and opening access to applications for participation in the tender submitted in the form of electronic documents (for an individual) and the mailing address of each applicant, the envelope with the application for participation in the tender of which is opened or access to the application for participation in the tender submitted in the form of an electronic document is opened, the availability of information and documents provided for in the tender documentation, the terms of the contract specified in such an application and being a criterion for evaluating applications for participation in the competition. If at the end of the deadline for submitting applications for participation in the competition, only one application is submitted or not a single application is submitted, information on the recognition of the competition as invalid is entered into the specified protocol.
67. The minutes of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition is maintained by the competition commission and signed by all members of the commission present immediately after the envelopes are opened. The specified protocol is posted by the organizer of the competition or a specialized organization on the official website of the auction during the day following the day of its signing.
68. The tender committee is obliged to make audio or video recording of the opening of envelopes with applications for participation in the tender. Any applicant present at the opening of envelopes with applications for participation in the tender has the right to perform audio and / or video recording of the opening of envelopes with applications for participation in the tender.
69. Envelopes with applications for participation in the tender received after the deadline for submission of applications for participation in the tender are opened (if the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant is not indicated on the envelope), access to the applications for participation in the competition submitted in the form of electronic documents is opened, and on the same day such envelopes and such applications are returned to the applicants. If there was a requirement to pay a deposit, the organizer of the tender is obliged to return the deposit to the specified applicants within five working days from the date of signing the protocol of opening the envelopes with applications for participation in the tender and opening access to the applications for participation in the tender submitted in the form of electronic documents.
XII. The procedure for considering applications for participation in the competition
72. Based on the results of consideration of applications for participation in the competition, the competition commission makes a decision on admitting the applicant to participate in the competition and on recognizing the applicant as a participant in the competition or on refusing to admit the applicant to participate in the competition in the manner and on the grounds provided for in paragraphs 24-26 of these Of the Rules, which is drawn up by the protocol of consideration of applications for participation in the competition. The minutes are kept by the tender commission and signed by all members of the tender commission present at the meeting on the day of the end of consideration of applications. The minutes must contain information about the applicants, the decision to admit the applicant to participate in the competition and to recognize him as a participant in the competition or to refuse to admit the applicant to participate in the competition with the justification for such a decision and indicating the provisions of these Rules that the applicant does not comply with, the provisions of the tender documentation , which does not correspond to his application for participation in the tender, the provisions of such an application that do not meet the requirements of the tender documentation. The specified protocol on the day of the end of consideration of applications for participation in the competition is posted by the organizer of the competition or a specialized organization on the official website of the auction. The applicants are sent notifications of the decisions made by the competition commission no later than the day following the day of signing the specified protocol.
73. If the tender documentation established the requirement for a deposit, the organizer of the tender is obliged to return the deposit to the applicant, who is not allowed to participate in the tender, within five working days from the date of signing the minutes of consideration of applications.
74. If a decision is made to refuse admission to participation in the competition of all applicants or to admit to participation in the competition and recognition of only one applicant as a participant in the competition, the competition is declared invalid. If the tender documentation provides for two or more lots, the tender is declared invalid only in respect of the lot, the decision to refuse admission to participation in which was made for all applicants, or the decision on admission to participation in which and recognition as a tender participant was made relatively only one applicant. In this case, the organizer of the tender, if the requirement for a deposit was established in the tender documentation, it is obliged to return the deposit to the applicants who submitted applications for participation in the tender, within five working days from the date the tender was declared invalid, with the exception of the applicant recognized as a participant in the tender.
XIII. Evaluation and comparison of applications for participation in the competition
75. The Competition Commission evaluates and compares the applications for participation in the competition submitted by the applicants, recognized participants in the competition. The term for evaluating and comparing such applications may not exceed ten days from the date of signing the protocol for considering applications.
77. To determine the best conditions for the execution of the contract proposed in the applications for participation in the tender, the assessment and comparison of these applications are carried out at the price of the contract (except for the provision of state or municipal property by business incubators for lease (sublease) to small and medium-sized businesses, as well as heat supply, water supply and (or) water disposal facilities) and other criteria specified in the tender documentation. In this case, in addition to the contract price, the criteria for evaluating applications for participation in the tender may be:
1) the terms of reconstruction (stages of reconstruction) of the object of the agreement, if such reconstruction is provided for in the tender documentation, including the period from the date of signing the agreement to the date of putting the object of the agreement into operation with characteristics corresponding to the technical and economic indicators established by the agreement;
2) technical and economic indicators of the object of the contract at the time of the end of the contract;
3) the volume of production of goods (performance of work, provision of services) using property, the rights to which are transferred under a contract;
4) the period from the date of signing the contract until the day when the production of goods (performance of work, provision of services) using property, the rights to which are transferred under the contract, will be carried out in the amount established by the contract;
5) prices for goods (work, services) produced (performed, rendered) using property, the rights to which are transferred under a contract;
6) the qualitative characteristics of the architectural, functional and technological, constructive or engineering and technical solutions to ensure the reconstruction of the object of the contract and the qualifications of the bidder. The specified criterion can be used only if the contract stipulates the obligation of the tender participant to prepare project documentation for the reconstruction of the object of the contract or the obligation of the tender participant to create, within the framework of the contract, property intended for the supply of goods, performance of work, provision of services, delivery, the provision of which occurs with the use of property, the rights to which are transferred under an agreement;
7) when business incubators provide state or municipal property for lease (sublease) to small and medium-sized businesses, as well as heat supply, water supply and (or) sanitation facilities, only the following criteria for evaluating applications for participation in the tender are used in aggregate:
a) the quality of the description of the advantages of a product or service in comparison with existing analogues (competitors);
b) the quality of elaboration of marketing, operational and financial strategies for the development of a small business entity;
c) projected changes in financial results and the number of jobs of a small business entity;
d) the payback period of the project.
At the same time, the coefficient taking into account the significance of each of these criteria of the competition is 0.25.
Information about changes:
106. The organizer of the auction has the right to make a decision to amend the notice of the auction not later than five days before the deadline for filing applications for participation in the auction. Within one day from the date of this decision, such changes are posted by the organizer of the auction, a specialized organization on the official website of the auction. At the same time, the deadline for submitting applications for participation in the auction should be extended in such a way that from the date of posting on the official website of the auction the amendments made to the notice of the auction until the deadline for submitting applications for participation in the auction would be at least fifteen days.
107. The organizer of the auction has the right to refuse to hold the auction no later than five days # before the deadline for submitting applications for participation in the auction. A notice of refusal to conduct an auction is posted on the official website of the auction within one day from the date of the decision to refuse to conduct an auction. Within two working days from the date of the said decision, the auction organizer sends appropriate notifications to all applicants. If there is a requirement for a deposit, the auction organizer returns the deposit to the applicants within five working days from the date of the decision to refuse to hold the auction.
XVII. Auction Documentation
108. Documentation on the auction is developed by the organizer of the auction, a specialized organization and approved by the organizer of the auction.
109. Documentation about the auction must contain requirements for the technical condition of state or municipal property, the rights to which are transferred under the contract, to which this property must comply at the time of the expiration of the contract.
110. Documentation about the auction may contain requirements for the volume, list, quality and timing of work to be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for the quality, technical characteristics of goods (works, services) , the delivery (execution, provision) of which takes place using such property, the requirements for the description by the auction participants of the supplied goods, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, the requirements for the description by the auction participants of the work performed, the services provided, their quantitative and qualitative characteristics.
111. It is not allowed to include in the auction documentation (including in the form of requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under an agreement, as well as requirements for quality, technical characteristics of goods (works, services), the delivery (execution, provision) of which occurs using such property) requirements for the auction participant (including requirements for the qualifications of the auction participant, including the auction participant's work experience), as well as requirements for his business reputation, requirements for the auction participant to have production capacity, technological equipment, labor, financial and other resources.
112. When developing documentation about the auction, it is prohibited to include in one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion in one lot of state or municipal property intended for power supply, heat supply, gas supply, as well as water supply and sanitation.
113. The period specified in the auction documentation for which contracts are concluded in respect of property provided for by Law No. 209-FZ must be at least five years. The maximum period for the provision of state or municipal property by business incubators for lease (sublease) to small and medium-sized businesses should not exceed three years.
114. Documentation about the auction, in addition to the information and information contained in the notice of the auction, must contain:
1) in accordance with paragraphs 120 - 122 of these Rules, requirements for the content, composition and form of an application for participation in an auction, including an application submitted in the form of an electronic document, and instructions for filling it out;
2) the form, terms and procedure for payment under the contract;
3) the procedure for revising the contract price (lot price) in the direction of increase, as well as an indication that the price of the concluded contract cannot be revised by the parties downward;
4) the procedure for transferring rights to property created by the auction participant as part of the execution of the contract concluded as a result of the auction, and intended for the supply of goods (performance of work, provision of services), the delivery (execution, provision) of which occurs using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property is provided for by the agreement;
5) the procedure, place, start date and date and time of the end of the period for filing applications for participation in the auction. In this case, the start date of the deadline for submitting applications for participation in the auction is the day following the day the notice of the auction is posted on the official website of the auction. The date and time of the expiry of the period for filing applications for participation in the auction are established in accordance with paragraph 103 of these Rules;
7) the procedure and term for withdrawing applications for participation in the auction. In this case, the deadline for withdrawing applications for participation in the auction is established in accordance with paragraph 128 of these Rules;
8) the forms, procedure, start and end dates for providing the auction participants with explanations of the provisions of the auction documentation in accordance with paragraph 118 of these Rules;
9) the amount of increase in the initial contract price ("auction step");
10) the place, date and time of the beginning of consideration of applications for participation in the auction;
11) place, date and time of the auction;
12) the requirement to make a deposit, the amount of the deposit, the time and procedure for making the deposit, the account details for transferring the deposit in the event that the auction organizer establishes the requirement to make the deposit. At the same time, if the organizer of the auction establishes the requirement to make a deposit, and the applicant has submitted an application for participation in the auction in accordance with the requirements of the documentation on the auction, the agreement on the deposit between the organizer of the auction and the applicant is considered to be made in writing. Establishment of a requirement for the obligatory conclusion of a deposit agreement between the organizer of the auction and the applicant is not allowed;
13) the amount of security for the execution of the contract, the time period and procedure for its provision if the organizer of the auction has established a requirement for securing the performance of the contract. The amount of security for the execution of the contract is established by the organizer of the auction. At the same time, the requirement to ensure the execution of the contract when holding an auction in respect of property provided for by Law N 209-FZ is not established;
14) the period within which the draft agreement must be signed, which is at least ten days from the date of posting on the official website of the auction the minutes of the auction or the minutes of considering applications for participation in the auction if the auction is declared invalid due to the filing of a single application for participation in auction or recognition of only one applicant as a participant in the auction;
15) the date, time, schedule of the inspection of the property, the rights to which are transferred under the contract. Inspection is provided by the organizer of the auction or a specialized organization free of charge. Such an inspection is carried out at least every five working days from the date of placing the notice of the auction on the official auction website, but not later than two working days before the deadline for submitting applications for participation in the auction;
16) an indication that when concluding and executing a contract, changing the terms of the contract specified in the auction documentation is not allowed by agreement of the parties and unilaterally;
17) an indication that the conditions of the auction, the procedure and conditions for concluding an agreement with the auction participant are the conditions of a public offer, and the submission of an application for participation in the auction is an acceptance of such an offer;
Information about changes:
By order of the FAS Russia of October 20, 2011 N 732, paragraph 114 of this annex was supplemented with subparagraph 18
18) a copy of the document confirming the consent of the owner of the property (and in the case of a sublease agreement, also of the lessor) to grant the corresponding rights under the agreement, the right to conclude which is the subject of the auction;
Information about changes:
By order of the FAS Russia of October 20, 2011 N 732, paragraph 114 of this annex was supplemented with subparagraph 19
19) a copy of a document confirming the consent of the owner of the property (lessor) to the provision by the person with whom the contract is concluded, the corresponding rights to third parties, or an indication that the transfer of the corresponding rights to third parties is not allowed.
115. A draft agreement must be attached to the auction documentation (in the case of an auction for several lots, a draft agreement for each lot), which is an integral part of the auction documentation.
116. The information contained in the auction documentation must correspond to the information specified in the notice of the auction.
118. Clarification of the provisions of the auction documentation is carried out in accordance with clauses 47 - 48 of these Rules.
119. The organizer of the auction, on its own initiative or in accordance with the request of an interested person, has the right to make a decision to amend the auction documentation no later than five days before the deadline for filing applications for participation in the auction. Changing the subject of the auction is not allowed. Within one day from the date of this decision, such changes are posted by the organizer of the auction or a specialized organization in the manner prescribed for posting on the official website of the auction of the notice of the auction. Within two business days from the date of the said decision, such changes are sent by registered mail or in the form of electronic documents to all applicants who have been provided with the auction documentation. At the same time, the deadline for submitting applications for participation in the auction must be extended in such a way that from the date of posting on the official auction site of changes made to the auction documentation until the deadline for submitting applications for participation in the auction, it was at least fifteen days.
b) an extract from the unified state register of legal entities or a notarized copy of such an extract (for legal entities) received no earlier than six months before the date of posting on the official website of the auction, an extract from the unified state register of legal entities, received no earlier than six months before the date of placement on the official website of the bidding notice of the auction holding an extract from the unified state register of individual entrepreneurs or a notarized copy of such an extract (for individual entrepreneurs), copies of identity documents (for other individuals), a duly certified translation into Russian of documents on state registration of a legal entity or individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign entities), received no earlier than six months before the date of posting on the official website of the auction of holding an auction;
c) a document confirming the authority of the person to act on behalf of the applicant - a legal entity (a copy of the decision on the appointment or election or the order on the appointment of an individual to a position, in accordance with which such an individual has the right to act on behalf of the applicant without a power of attorney (hereinafter - manager). If another person acts on behalf of the applicant, the application for participation in the competition must also contain a power of attorney to act on behalf of the applicant, certified by the applicant's seal (if there is a seal) and signed by the applicant's manager (for legal entities) or authorized by this by the head of the person, or a notarized copy of such a power of attorney If the said power of attorney is signed by a person authorized by the head of the applicant, the application for participation in the auction must also contain a document confirming the powers of such person;
d) copies of the constituent documents of the applicant (for legal entities);
e) a decision to approve or conclude a major transaction or a copy of such a decision if the requirement for the need for such a decision to conclude a major transaction is established by the legislation of the Russian Federation, the constituent documents of the legal entity and if for the applicant the conclusion of an agreement, making a deposit or securing the execution are a big deal;
f) a statement on the absence of a decision on the liquidation of the applicant - a legal entity, on the absence of a decision arbitration court on declaring an applicant - a legal entity, an individual entrepreneur, bankrupt and on the opening of bankruptcy proceedings, on the absence of a decision to suspend the applicant's activities in the manner prescribed by the Code of Administrative Offenses of the Russian Federation;
Information about changes:
By order of the FAS Russia of October 20, 2011 N 732, subparagraph 1 of paragraph 121 of this Appendix was supplemented with subparagraph "g"
g) when holding an auction in accordance with Resolution N 333, a document containing information on the share of the Russian Federation, a constituent entity of the Russian Federation, or municipal formation in the authorized capital of a legal entity (register of shareholders or an extract from it or a letter certified by the seal of the legal entity (if there is a seal) and a letter signed by its head);
2) proposals on the conditions for the performance of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as on the quality, quantitative, technical characteristics of the goods (works, services), the delivery (performance, provision) of which occurs with use of such property. In the cases provided for by the auction documentation, also copies of documents confirming the conformity of goods (works, services) to the established requirements, if such requirements are established by the legislation of the Russian Federation;
3) documents or copies of documents confirming the payment of a deposit, if the auction documentation contains a demand for a deposit (payment order confirming the transfer of the deposit).
122. It is not allowed to demand from the applicant otherwise, with the exception of documents and information provided for in paragraph 121 of these Rules.
123. Upon receipt of an application for participation in an auction filed in the form of an electronic document, the organizer of the auction, a specialized organization must confirm in writing or in the form of an electronic document its receipt within one working day from the date of receipt of such an application.
124. The applicant has the right to submit only one application for each subject of the auction (lot).
125. Acceptance of applications for participation in the auction shall be terminated on the day of consideration of applications for participation in the auction specified in the notice of the auction, immediately before the start of consideration of applications.
126. Each application for participation in the auction, received on the date specified in the notice of the auction, is registered by the auction organizer or a specialized organization. At the request of the applicant, the organizer of the auction or a specialized organization shall issue a receipt for receipt of such an application, indicating the date and time of its receipt.
127. The applications received after the end of the deadline for accepting applications for participation in the auction are not considered and are returned to the relevant applicants on the same day. If there was a requirement to pay a deposit, the organizer of the auction is obliged to return the deposit to the specified applicants within five working days from the date of signing the minutes of the auction.
128. The applicant has the right to withdraw the application at any time before the established date and time for the start of consideration of applications for participation in the auction. If the requirement to pay a deposit has been established, the auction organizer is obliged to return the deposit to the specified applicant within five working days from the date of receipt of the notice of withdrawal of the application for participation in the auction by the auction organizer.
129. If at the end of the deadline for filing applications for participation in the auction, only one application is submitted or not a single application is filed, the auction is declared invalid. If the auction documentation provides for two or more lots, the auction is considered invalid only in respect of those lots for which only one application has been submitted or not a single application has been submitted.
XIX. The procedure for considering applications for participation in the auction
130. The Auction Commission considers applications for participation in the auction for compliance with the requirements established by the auction documentation, and compliance of the applicants with the requirements established by paragraph 18 of these Rules.
131. The term for consideration of applications for participation in the auction cannot exceed ten days from the date of the end of the application submission period.
132. If it is established that one applicant has submitted two or more applications for participation in the auction in respect of the same lot, provided that the applications submitted earlier by such applicant have not been withdrawn, all applications for participation in the auction of such an applicant submitted in relation to this lot are not reviewed and returned to that applicant.
133. Based on the results of consideration of applications for participation in the auction, the auction commission makes a decision on admission to participation in the auction of the applicant and on the recognition of the applicant as a participant in the auction or on refusal to admit such applicant to participation in the auction in the manner and on the grounds stipulated by paragraphs 24-26 of these Rules, which is drawn up in the protocol of consideration of applications for participation in the auction. The minutes are kept by the auction commission and signed by all members of the auction commission present at the meeting on the day of the end of consideration of applications. The minutes must contain information about the applicants, the decision on admitting the applicant to participate in the auction and recognizing him as a participant in the auction or refusing to admit to participation in the auction with justification for such a decision and indicating the provisions of these Rules that the applicant does not comply with, provisions of the auction documentation, which his application for participation in the auction does not comply with, the provisions of such an application that do not meet the requirements of the auction documentation. The specified protocol on the day of the end of consideration of applications for participation in the auction is posted by the organizer of the auction or a specialized organization on the official website of the auction. Applicants are sent notifications of decisions made by the auction commission no later than the day following the day of signing the specified protocol. If at the end of the deadline for submitting applications for participation in the auction, only one application has been submitted or no applications have been submitted, information on the recognition of the auction as invalid is entered into the specified minutes.
134. If the auction documentation established the requirement to make a deposit, the auction organizer is obliged to return the deposit to the applicant who was not allowed to participate in the auction within five working days from the date of signing the minutes of consideration of applications.
135. If a decision is made to refuse admittance to participation in the auction of all applicants or to recognize only one applicant as a participant in the auction, the auction is declared invalid. If the auction documentation provides for two or more lots, the auction is considered invalid only in respect of the lot, the decision to refuse admission to participation in which was made for all applicants, or the decision on admission to participation in which and recognition as an auction participant was made relatively only one applicant.
XX. Auction procedure
136. Only applicants recognized as participants in the auction can participate in the auction. The organizer of the auction is obliged to provide the auction participants with the opportunity to take part in the auction directly or through their representatives.
137. The auction is held by the organizer of the auction in the presence of members of the auction commission and auction participants (their representatives).
138. The auction is held by increasing the initial (minimum) contract price (lot price) specified in the notice of the auction, by the "auction step".
139. "Auction step" is set at five percent of the initial (minimum) contract price (lot price) specified in the notice of the auction. If, after three times announcement of the last offer on the contract price, none of the auction participants announced their intention to offer more high price contract, the auctioneer is obliged to reduce the "auction step" by 0.5 percent of the initial (minimum) contract price (lot price), but not less than 0.5 percent of the initial (minimum) contract price (lot price).
140. The auctioneer is selected from among the members of the auction commission by open vote of the members of the auction commission by a majority of votes.
141. The auction is held in the following order:
1) the auction commission immediately before the start of the auction registers the auction participants (their representatives) who have come to the auction. In the event of an auction for several lots, the auction commission, before the start of each lot, registers the auction participants who have submitted applications for such a lot (their representatives) who have come to the auction. Upon registration, the auction participants (their representatives) are given numbered cards (hereinafter referred to as cards);
2) the auction begins with the announcement by the auctioneer of the beginning of the auction (lot), the lot number (in the case of an auction for several lots), the subject of the contract, the initial (minimum) price of the contract (lot), "auction step", after which the auctioneer offers the auction participants state your proposals on the price of the contract;
3) the auction participant, after the auctioneer announces the initial (minimum) contract price (lot price) and the contract price increased in accordance with the "auction step" in the manner prescribed by clause 139 of these Rules, raises the card if he agrees to conclude a contract at the announced price ;
4) the auctioneer announces the card number of the auction participant who was the first to raise the card after the auctioneer announced the initial (minimum) contract price (lot price) and the contract price increased in accordance with the "auction step", and new price of the contract, increased in accordance with the "auction step" in the manner prescribed by paragraph 139 of these Rules, and the "auction step", in accordance with which the price is increased;
( hereinafter - the current rightholder), has the right to declare his desire to conclude an agreement at the contract price announced by the auctioneer;
6) if the current rightholder has exercised the right provided for in subparagraph 5 of paragraph 141 of these Rules, the auctioneer again invites the auction participants to declare their proposals for the contract price, after which, if such proposals were made and after the auctioneer announced the contract price three times, none of the auction participants raised the card, the current rightholder has the right to declare his desire to conclude a contract again at the contract price announced by the auctioneer;
7) the auction is considered to be over if, after the auctioneer has three times announced the last offer on the contract price or after the current rightholder has declared his desire to conclude a contract at the contract price announced by the auctioneer, none of the auction participants raised their card. In this case, the auctioneer announces the end of the auction (lot), the last and penultimate bids for the contract price, the card number and the name of the auction winner and the auction participant who made the penultimate bid for the contract price.
142. The winner of the auction is the person who offered the highest contract price, or the current rightholder, if he declared his desire to conclude a contract at the highest contract price announced by the auctioneer. When holding auctions in accordance with Resolution No. 333, the winner is the person who offered the highest contract price.
143. When holding an auction, the organizer of the auction is obligatory to make audio or video recording of the auction and keep the minutes of the auction, which must contain information about the place, date and time of the auction, about the participants in the auction, about the initial (minimum) price of the contract (lot price) , the last and penultimate bids for the contract price, name and location (for a legal entity), surname, first name, patronymic, place of residence (for an individual) of the auction winner and the participant who made the penultimate proposal for the contract price. The minutes are signed by all members of the auction commission present on the day of the auction. The protocol is drawn up in two copies, one of which remains with the organizer of the auction. The organizer of the auction, within three working days from the date of signing the protocol, shall transfer to the winner of the auction one copy of the protocol and the draft agreement, which is drawn up by including the price of the agreement proposed by the winner of the auction in the draft agreement attached to the documentation on the auction.
144. The protocol of the auction is posted on the official website of the auction by the organizer of the auction or a specialized organization during the day following the day of signing the said protocol.
145. Any participant in the auction has the right to make audio and / or video recording of the auction.
146. After posting the minutes of the auction, any participant in the auction has the right to send to the auction organizer in writing, including in the form of an electronic document, a request for clarification of the results of the auction. The organizer of the auction, within two working days from the date of receipt of such a request, is obliged to provide such an auction participant with appropriate explanations in writing or in the form of an electronic document.
147. If there was a requirement to pay a deposit, the organizer of the auction, within five working days from the date of signing the minutes of the auction, is obliged to return the deposit to the auction participants who participated in the auction, but did not become the winners, with the exception of the auction participant who made the penultimate offer on the price of the contract. The deposit paid by the auction participant who made the penultimate bid on the contract price is returned to such auction participant within five working days from the date of signing the contract with the auction winner or with such auction participant. If one auction participant is both the winner of the auction and the auction participant who made the penultimate offer on the contract price, if the specified auction participant avoids concluding a contract as the winner of the auction, the deposit paid by such participant is not returned.
148. If only one participant participated in the auction, or if due to the absence of proposals for the contract price providing for a higher contract price than the initial (minimum) contract price (lot price), the "auction step" is reduced in accordance with clause 139 of these Rules to the minimum size and after three times announcement of the proposal for the initial (minimum) contract price (lot price), not a single proposal for the contract price was received, which would provide for a higher contract price, the auction is declared invalid. If the auction documentation provides for two or more lots, the decision to declare the auction invalid shall be made for each lot separately.
149. The minutes drawn up during the auction, applications for participation in the auction, auction documentation, amendments to the auction documentation and explanations of the auction documentation, as well as audio or video recording of the auction shall be kept by the auction organizer for at least three years.
XXI. Conclusion of an agreement based on the results of the auction
150. The conclusion of an agreement based on the results of the auction is carried out in the manner prescribed by paragraphs 92 - 100 of these Rules.
XXII. Consequences of declaring the auction void
151. If the auction is declared invalid due to the filing of a single application for participation in the auction or recognition of only one applicant as a participant in the auction, with the person who submitted the only application for participation in the auction, if the said application meets the requirements and conditions stipulated by the documentation on the auction, as well as with a person recognized as the only participant in the auction, the auction organizer is obliged to conclude an agreement on the terms and at the price provided for by the application for participation in the auction and the auction documentation, but at a price not less than the initial (minimum) price of the contract (lot), specified in the notice of the auction.
A selection of the most important documents on demand Auction rent (regulations, forms, articles, expert advice and much more).
Forms of documents: Auction rent
Form: Application for participation in an auction for the right to conclude a lease agreement (agreement for gratuitous use, agreement for trust management of property, other agreement), providing for the transfer of ownership and (or) use rights in relation to state (or municipal) property
Open a document in your system ConsultantPlus:
Form: Request for clarification of the results of the auction for the right to conclude lease agreements, agreements on gratuitous use, agreements on trust management of property, other agreements providing for the transfer of ownership and (or) use rights in relation to state or municipal property
(Prepared for the ConsultantPlus system, 2019)
Articles, comments, answers to questions: Auction rent
Open a document in your system ConsultantPlus:
6.2. Conclusion from judicial practice: It is illegal to include in the tender documentation a condition on payment of the right to conclude a lease agreement for state or municipal property. The deposit made by the lessee for participation in the auction, calculated on the basis of the value of the right to conclude a contract, should be offset against rent.
Open a document in your system ConsultantPlus:
Question: Does the lease agreement of a forest plot for hunting and hunting on forest lands, concluded as a result of the auction, registered in the Unified State Register of Legal Entities give the tenant the right to conclude a hunting agreement if the leased forest plot is not included in a long-term license for the use of wildlife? If so, is it legitimate to refuse to conclude an agreement if there is a sufficient volume of public hunting grounds in the subject? LLC has a positive opinion on the possibility of issuing a long-term license for the use of wildlife, obtained before the entry into force of the Federal Law of July 24, 2009 N 209-FZ "On hunting ..."
("Official site of the Ministry of Natural Resources of Russia", 2017) "The official website of the Ministry of Natural Resources of Russia www.mnr.gov.ru", 2017
Normative acts: Auction rent
Article 39.11. Preparation and organization of an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for a land plot in state or municipal ownership
Article 16.6-1. Specifics of concluding, based on the results of auctions, lease agreements for land plots of a unified development institution for construction in the minimum required volume of standard housing, for integrated development of the territory, within the framework of which, inter alia, construction in the minimum required volume of standard housing and other housing construction is provided
We often offer you a variety of properties for rent and ownership, all of which are played out in electronic auctions. Today we would like to tell you in more detail about the technology of such trades and about the platforms on which they are held.
There are quite a few electronic trading platforms in Russia now. These are both commercial and state sites. We will focus on the government and the most significant. These are the ones where the Moscow City Property Department most often conducts electronic auctions. The lots covered by us are drawn exactly there.
How is the bidding procedure carried out?
It is required to register on the electronic platform, then submit an application for participation (please note that in our proposals we always indicate the deadline for accepting applications for participation). The last step is to conduct an electronic auction directly, with the subsequent receipt of a protocol on the results.
At the registration stage, the key points will be:
- Obtaining an electronic digital signature by the participant. The procedure for obtaining is controlled by the regulations, which will be provided on any of the above platforms for trading.
- Accreditation - an application for accreditation is filled out and scanned electronic copies of the necessary documents are submitted.
The platform operator controls the course of trading.
And now, we will directly list those electronic platforms on which open auctions in electronic form for the purchase / sale and lease of real estate from the property treasury of the city of Moscow:
All sites offer approximately the same range of services and quality support, technical support and training.
Low and constant rental rates, the ability to buy out real estate, preferential programs - these are just the key advantages of Moscow. The number of tenants in the city is growing every year: thus, in comparison with 2016, in 2017 they were able to obtain real estate on favorable terms 10% more entrepreneurs. In total, almost 6,000 property and land auctions were held last year. In 2018, tenants will continue to operate all programs that allow them to significantly save on rent and seek to buy out urban real estate. Do not miss the chance to get a premise with a rental rate significantly lower than the market one! Our article with a step-by-step analysis of the rental process and expert comments will help you understand the specifics of bidding.
Step one: choosing a property
The objects that are available for rent from DGI can be viewed on the website: https://investmoscow.ru/tenders or https://www.mos.ru/tender/function/zem-imush-torg/edinyy_spisok_torgov/... There are convenient filters here to find non-residential premises in the desired area, the required area, with a specific purpose.
Important: Evaluate not only the premises, but also the conditions of the auction: what are the deadlines for accepting applications for participation, what is the amount of the deposit. Download the lot documentation, read the lease agreement. Point out such important factors as the possibility of subletting the property, assignment of claims, early termination of the contract, etc.
Some entrepreneurs think they are buying a pig in a poke by signing an agreement with DGI. As a lawyer who has been working in the real estate market for many years, I hasten to destroy this stereotype. On the contrary, all the documentation for the object is presented in the public domain, starting from an extract from the USRN and ending with a technical passport from the BTI. Objects are exhibited with a lot of photographs. Moreover: the auction participants can agree on a personal inspection of the premises: for this you need to submit an application on the website at least two days before the start of the auction https://investmoscow.ru/tenders.
Step two: register on the bidding site and submit an application
Entrepreneurs who participate in the auction for the first time must complete the registration procedure on the site. To do this, you will need to pass accreditation, install certificates and a cryptographic information protection system on your PC. Entrepreneurs will need an electronic signature. We recommend starting the registration procedure at least a week before the deadline for accepting applications for the auction you are interested in.
If the legal entity is already registered, then you just need to submit an application for participation in the auction. Moreover, you will additionally need:
- Provide documents - an extract from the Unified State Register of Legal Entities or USRIP, copies of constituent documents and an extract from the authorized body that it approves the transaction. You also need documents confirming the authority of the person taking part in the auction.
- Make a deposit - its amount is indicated in the documentation for the auction. A payment document with a bank mark on the payment is attached to the application. The receipt must indicate the lot number, the date of the auction, the address and the total area of \u200b\u200bthe premises, the amount of the deposit.
Important: Why might a bid be rejected?
There are very few reasons why entrepreneurs are not allowed to bid: these are non-payment of a deposit, an incomplete set of documents, violation of the requirements for registration of auction documentation. Also, companies that are at the stage of bankruptcy or liquidation will be excluded from participation in the auction.
Step three: participation in the auction
At the appointed time, you must take part in the auction on the site of the site. The minimum price becomes the one indicated in the documentation for the lot. The step of the auction is also spelled out in the documents - as a rule, it is 0.2% of the lot amount. If the application is not interrupted within an hour, then the winner of the auction is the participant who offered the last amount. After posting on the website of the protocol of trading, they are recognized as valid.
Important: what if you are the only bidder?
In this case, the bidding is simply not held: the city will offer to conclude a direct lease agreement on the terms published in the lot documentation.
Yakushev Anton, lawyer RFI consult
Before participating in an auction, it is necessary to assess the risks. Thus, the amount of the deposit is not returned to the entrepreneur if he was the only participant admitted to the auction or made the maximum bid, but refused to sign the protocol or lease agreement.
Step four: conclusion of the contract
In the interval between 10 and 20 days after the end of the auction, the entrepreneur must arrive at the Moscow City Property Department to sign a lease agreement for non-residential premises. At the same time, he must comply with all requirements for documentation and a deposit. The agreement cannot be changed unilaterally by either of the parties. If the participant who took the first place evades signing the contract, then instead of him, DGI can offer rent to entrepreneurs who offered the second and third from the end the amount.
Yakushev Anton, lawyer RFI consult
Despite the simplicity of the procedure for renting non-residential premises from the Property Department of the city of Moscow, there are many pitfalls that entrepreneurs do not know about. For example, it is difficult to objectively assess the value of a premises for a business and understand to what extent it makes sense to raise rates. Problems can arise when collecting documents, registering on the site for auctions, participating in tenders. Finally, it is very important that a lawyer analyzes the lease and highlights the pros and cons of the proposal.
Our clients are always satisfied with cooperation with RFI consult, since we provide turnkey services - from the selection of premises for the customer's parameters and the collection of documents for participation in preferential programs of the DGI and ending with the signing of an agreement with the Moscow Property Department. Customers receive real estate on a long-term lease with the best rate.
