Are you looking for information about auctions for renting municipal property in Moscow because it is inexpensive and reliable? It is possible that for one reason or another you have a need to sign a lease agreement for residential or non-residential premises owned by the city authorities or even the state. In this case municipal lease premises in Moscow is what will allow you to rent a suitable object.
At the same time, GlavUpDK under the Russian Ministry of Foreign Affairs offers you information on auctions for the lease of federal property - i.e. owned by the state The secret is that state-owned non-residential real estate almost does not fall into the databases of real estate agencies. For this reason, many simply do not know that there is an opportunity to rent an object at a lower price. It is also necessary to distinguish between leases of federal real estate and leases of real estate obtained in the course of a lease auction. municipal premises.
The company GlavUpDK under the Ministry of Foreign Affairs of Russia organizes and conducts auctions for the lease of federal real estate, transferred to it for management on the basis of the right of economic management, on an ongoing basis. If you are looking for an office space, be sure to visit our website, where you can familiarize yourself with rental offers and become a participant in the auction - the benefits of signing a lease agreement are quite obvious, because you can conclude an absolutely legal lease agreement that will protect your interests as a tenant.
Auction rules:
The auction is held in accordance with the current legislation, which obliges FSUEs to put up all premises offered for lease for an auction. If only one application is submitted, the auction is declared invalid, and the contract is signed with the one who submitted the only application. potential tenant at the minimum (starting) rental rate. In the event that several participants apply for one room, an auction is held, during which bids can significantly increase during the auction.
In order to become a participant in the auction for renting real estate, you must fill out an application where your data will be indicated, as well as attach the constituent documents and a document confirming the payment of the deposit. Before the start of the auction, the client has the right to refuse to participate and withdraw the submitted application.
If you become the winner of the auction, then you must conclude a lease agreement within 20 days from the date of the auction. In this case, the deposit to the winner of the auction will be returned or accepted against the fulfillment of obligations under this agreement.
But if the contract, for one reason or another, is not signed by the winner, within the specified time frame, then the deposit will not be returned to him.
If you have any questions about the rules of the auction, you can contact our consultants by phone or by e-mail indicated on the site.
The need to lease non-residential premises arises mainly from individual entrepreneurs and other legal entities who need these real estate objects to carry out their activities. If you rent privatized non-residential premises does not cause significant difficulties, then renting real estate from the state or municipal authorities of the city differs in a number of nuances that you need to know about in advance.
According to the laws on the protection of competition, which are currently in force in Russian Federation, municipal authorities have the right to lease out state real estate objects for temporary use. Russian legislation also defines a number of exceptional cases when it is possible not to conduct auctions:
The essence of bargaining
The rental of municipal non-residential premises is subject to a strict registration procedure. The city administration can put up for auction even the real estate that is this moment is in use. This happens if the contract expires or is subject to early termination.
The municipal body is obliged to inform in advance about the holding of open tenders on the official state website. If a person wishing to rent non-residential real estate could not timely submit an application for participation in the auction due to a violated notification procedure, he has the right to file a claim in court. After consideration of the claim, the bargaining may be invalidated together with the transactions concluded as a result of it. At the same time, it is forbidden to conclude a lease agreement earlier than ten days from the date of publication of information on the results of the auction. Violation of this rule is also the basis for filing a claim in court.
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Main obligations of the parties
All rights and obligations of the parties when renting municipal non-residential premises are indicated in the agreement concluded between them. The main points of such obligations are the following:
| City administration (lessor) | Tenant |
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Payment and restrictions
The amount of payment for the lease of non-residential premises from the state must be indicated in the agreement of the transaction. The term of payment or other conditions is also indicated there if the tenant makes payment for six months in advance. The city administration has the right to require the monthly submission of copies of receipts for payment no later than the specified period. Regarding the fee for utilities and communication systems, additional contracts are concluded with other organizations. Payment is made to their bank account. In case of non-payment in due time, the municipality has the right to independently write off the required amount of funds from the tenant's account.
In case of late payment for the lease, the contract may incur a penalty in the amount agreed by the parties. The amount of interest cannot be changed more often than once a year. In case of malicious violation of the terms of payment, the tenant must pay a fine, the amount of which is established by a special state commission.
Reasons for early termination
The reasons for the early termination of the transaction are negotiated by the parties and are indicated by separate clauses of the agreement. The general grounds for terminating the lease of a property are:
Renewal of lease
The need to extend the lease period for non-residential premises also arises quite often, so it is worth knowing how this can be done. The tenant has the right to extend the period of use of the property without re-bidding, if he has properly fulfilled all obligations before. There are two mandatory rules for contract renewal:
- The rental fee will be changed in accordance with the revaluation of the property in the region;
- The period for which the transaction will be extended must be at least three years, unless the lessee submits a corresponding application to reduce this period.
Thus, the parties can renegotiate and renew the property use agreement as many times as necessary. There are no legal restrictions. The municipality has the right to refuse to extend the term in the event that it has its own views on the premises or the tenant has dishonestly fulfilled the terms of the contract and has debts to public utilities.
Notices and Disputes
If it is necessary to make any changes to the terms of use of the premises that are rented from the municipal authorities, then this must be reported in writing. In the event of a change in bank details and legal addresses, you must notify about this immediately. When submitting a written notice, do not forget about the deadlines and dates. The date of departure will be the postage stamp.
The transaction must be registered with government agencies. Also, the tenant will have to pay a fee. If any controversial issues arise, when the parties cannot independently resolve the conflict and agree, its decision is transferred to the court. Rent changes will take effect no earlier than ten days after notice.
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: for example, in comparison with 2016, in 2017 they were able to get real estate on favorable terms 10% more entrepreneurs. In total, almost 6,000 property and land auctions were held last year. In 2018, all programs will continue to operate for tenants that allow significant savings on rent and seek foreclosure of 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 lot documentation, read the lease agreement. Note such important factors as the possibility of subletting real estate, 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 the extract from the USRN and ending with the registration certificate from the BTI. Objects are exhibited from big amount photos. 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: registering on the bidding site and submitting 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 the 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: this is a failure to pay a deposit, an incomplete set of documents, a 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 that was indicated in the documentation for the lot. The auction step 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 will be the participant who offered the last amount. After posting on the website of the protocol of bidding, they are recognized as valid.
Important: what if you are the only bidder?
In this case, the bidding simply does not take place: 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
Between 10 and 20 days after the end of the auction, the entrepreneur must arrive at the Moscow City Property Department to sign a contract for the lease of non-residential premises. At the same time, he must comply with all documentation requirements 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, the DGI can offer a lease to entrepreneurs who have 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 the 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.
4) the initial (minimum) contract price (lot price) indicating, if necessary, the initial (minimum) contract price (lot price) per unit area of state 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 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 submitting the tender documentation, the e-mail 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 the Russian Federation can be participants in the competition. ", 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 adoption of the specified 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 made to the notice of the tender until the deadline for submitting 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 no later than five days before the deadline for submitting applications for participation in the tender. A notice of refusal to hold a tender is posted on the official website of the auction within one day from the date of the decision to refuse to hold a tender. Within two working days from the date of the said decision, the organizer of the tender opens (if the mailing address (for a legal entity) or information about the place of residence (for natural person) 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 to hold the tender.
Vii. Tender documentation
35. The tender documentation must contain requirements for the technical state 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 quality requirements, technical specifications goods (works, services), the delivery (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 performed works, services provided, their quantitative and qualitative 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 production facilities, 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 sanitation.
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 the transfer of rights to property created by the participant in the tender within the framework 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 takes place 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 expiry of the period for filing applications for participation in the competition is established in accordance with clause 62 of these Rules;
Information about changes:
10) the 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 in the event that 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 has established a 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 shall be considered completed in writing. The establishment of a requirement for the mandatory conclusion of a deposit agreement between the organizer of the competition and the applicant is not allowed;
13) the amount of security for the performance of the contract, the time period and procedure for its provision if the organizer of the tender has established a requirement for security for the performance of the contract. The amount of security for the performance of the contract is established by the organizer of the competition. At the same time, 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 terms of the execution of the contract, which are criteria for evaluating applications for participation in the tender. In the cases stipulated 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 the competition, submitted in the form electronic document, the organizer of the competition 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 who store 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 clauses 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 until 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 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 within the time 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 in respect of 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 of submitting 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, which 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 are not withdrawn, all applications for participation in the tender of such an applicant submitted in relation to this lot shall not 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 in 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 conditions for the performance 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 tender and opening access to applications for participation in the tender submitted in the form of electronic documents is kept by the tender 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 who is 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 indicated 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 protocol 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 tender is posted by the organizer of the tender or a specialized organization on the official website of the auction. The applicants are sent notifications about 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 the 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 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 better conditions execution of the contract proposed in applications for participation in the tender, evaluation 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) sewerage) 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 the 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 (works, services) produced (performed, provided) 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 condition of the contract provides for the obligation of the tender participant to prepare design documentation for the reconstruction of the object of the contract or the obligation of the participant in the tender to create, within the framework of the contract, property intended for the supply of goods, performance of work, provision of services, delivery, execution, 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.
In this case, 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. In this case, 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 auction site of the amendments to the notice of the auction until the deadline for submitting applications for participation in the auction, it was 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 shall be 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 organizer of the auction sends appropriate notifications to all applicants. If there is a requirement to pay a deposit, the organizer of the auction 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 about 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 occurs 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 of the works performed, the services provided by the auction participants, 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 capacities, technological equipment, labor, financial and other resources.
112. When developing the auction 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 sanitation.
113. The period specified in the auction documentation for which contracts are concluded in relation to 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 clauses 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, rendering 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 deadline 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 price of the contract ("auction step");
10) 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 term and procedure for making the deposit, the account details for transferring the deposit in the event that the auction organizer establishes the requirement to pay 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 shall be considered completed in writing. The 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 performance of the contract, the time period and procedure for its provision if the auction organizer has established a requirement for security for 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 No. 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 consideration of applications for participation in the auction 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;
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 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, by agreement of the parties and unilaterally, is not allowed;
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 Appendix 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 Appendix 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 comply with the information specified in the notice of the auction.
118. Clarification of the provisions of the auction documentation is carried out in accordance with paragraphs 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. Changes to the subject of the auction are 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 working days from the date of this 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. In this case, 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 website 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 site of the auction, notice of the auction, 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 legal a person or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign persons), received no earlier than six months before the date of posting on the official website of the auction of the notice of the 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 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 presence of 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 of the agreement 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 of the arbitration court on declaring the applicant - a legal entity, an individual entrepreneur bankrupt and on the opening of bankruptcy proceedings, on the absence of a decision on the suspension of the applicant's activities in the manner prescribed by the Code of the Russian Federation on Administrative offenses;
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 No. 333, a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the authorized capital of a legal entity (register of shareholders or an extract from it or certified by the seal of the legal entity (if there is a seal) and a letter signed by his supervisor);
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 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 compliance of goods (works, services) with 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 auction organizer, a specialized organization must confirm in writing or in the form of an electronic document its receipt within one business 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 within the time 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 a deposit was required, the auction organizer is obliged to return the deposit to the specified applicant within five working days from the date on which the auction organizer receives a notice of withdrawal of the application for participation in the auction.
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 submitted, 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 may not exceed ten days from the date of the end of the application submission period.
132. If it is established that one applicant has filed two or more applications for participation in the auction in respect of the same lot, provided that the applications submitted earlier by such an applicant are not withdrawn, all applications for participation in the auction of such an applicant submitted in relation to this lot are not considered and returned to such an 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 the refusal to admit such applicant to participation in the auction in the manner and on the grounds provided for in 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 on refusing to admit to participation in the auction 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 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 shall be notified of the decisions taken 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 filing applications for participation in the auction, only one application is submitted or not a single application is submitted, information on the recognition of the auction as invalid is entered into the specified protocol.
134. If the auction documentation established the requirement for a deposit, the auction organizer is obliged to return the deposit to the applicant who is 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 admission to participation in the auction of all applicants or to recognize only one applicant as a participant in the auction, the auction shall be declared invalid. If the auction documentation provides for two or more lots, the auction 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 an auction participant was made relatively only one applicant.
XX. Auction procedure
136. Only applicants recognized as auction participants 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 a higher contract price, 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 issued with 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 first raised the card after the auctioneer announced the initial (minimum) contract price (lot price) and the contract price increased in accordance with the "auction step", as well as the new contract price increased in accordance with " the step of the auction "in the manner prescribed by clause 139 of these Rules, and the" step of the auction ", 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 price of the agreement 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 bids for the contract price, after which, if such bids 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 deemed 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 an agreement 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 has 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 must make audio or video recording of the auction and keep an auction protocol, 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 organizer of the auction 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 offer on the contract price shall be 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 said auction participant avoids concluding a contract as the winner of the auction, the deposit paid by such participant is not refunded.
148. If one participant took part 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 clarifications of the auction documentation, as well as the 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 a contract based on the results of the auction is carried out in the manner prescribed by clauses 92 - 100 of these Rules.
XXII. Consequences of declaring the auction invalid
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.
