On the electronic trading platform SBT Platform posted on http://sbtplat.com in the internet at the network address http://sbtplat.com http://sbtplat.com
Terms and definitions
Electronic Trading Platform (ETP) – automated information system SBT platform, posted on the internet at http://sbtplat.com, designated for competitive trading and procurement procedures held in electronic form.
Operator (ETP) – a legal entity who is in possession of automated trading platform soft hardware necessary for its functioning and provide procurement bidding, operations and services in electronic form.
Personal account – accessible by the User after registration on the ETP using login and password, program files enable to get the services provided by Operator, information about rendering of services and arranging payment for services of the Operator.
Open data– electronic trading platform functional available to any party irrespectively of registration.
Applicant – any legal entity, created in accordance with legislation of the Russian Federation, irrespectively of its legal-organizational form, ownership, place of location and origin of the capital having a citizenship of the Russian Federation willing to log on at a trading section.
User (ETP)- a legal entity, that passes a log on procedure in accordance with the present Regulations in whose relation the Operator has made a final decision about the registration on the ETP.
Organizer (procurement procedure) - the ETP User organizing and holding trading and procurement procedures, operations and services in electronic form in accordance with existing legislation of the Russian Federation.
Participant (trading and procurement procedure) – the ETP User filing a tender bid for purchasing of products, execution of works, rendering services in accordance with the present Regulations and willing to conclude a contract.
Procurement (procurement procedure) – the identification of supplier on a tender basis for the purpose of concluding a contract with him to fulfill the needs of the Customer in commodities, works and services with specified price, quality and reliability indexes.
Lot – procurement items of commodity, works, services being an object of the procurement procedure in the frames of which the individual application is made but at the same time the commercial procedure may include one or several lots.
Procurement documentation (including auction documentation, tender documentation)- a set of documents approved by the customer/organizer that may contain information about purchasing object, order and conditions of participation in a procurement procedure as well as the rules of preparation and submission of applications by the participants, winner selection criteria, terms of the agreement to be entered into upon getting the procurement procedure results.
Application (Offer) – an electronic document presented by a Bidder with a purpose of participating in the bidding in accordance with the present Regulations.
Winner (procurement procedure) – a participant including sole participant with whom an agreement has been concluded in accordance with the Protocol.
Open procurement procedure – a procurement procedure, where any User may participate.
Electronic (on-line) document – a document where all information is presented in a digital form.
Electronic Trading Platform Regulations – a document that determinesthe order of on-line trading and procurement procedure, interaction and mutual settlements between the Organizer, the Electronic Trading Platform Operator, individuals that are interested in registration (logon) on the electronic platform, individuals submitting their bids (bidders) or their representatives during bidding and holding on the electronic platform.
1. General Provisions
1.1. The present Regulations define the order of interaction between Users of Electronic Trading Platform SBT Platform, posted in the Internet at http://sbtplat.com and the automated trading platform Operator while rendering services of using ETP.
1.2 The present Regulations define general requirements to procurement procedures on Electronic trading platform SBT Platform, determine a general procedure of interaction between the Operator, Bidders and Users, regulate relations between them in the course of actions that take place on the ETP.
1.3 These Regulations present adhesion contract in accordance with Article 428 of the Civil Code of the Russian Federation.
1.4 On-line bidding is held with the use of electronic trading platform in the Internet at htpp://sbtplat.com/Regulations. Access to the electronic trading platform through the network is open.
1.5 On-line bidding administration on the electronic trading platform (registration of the users, differentiation of the ETP users’ rights, bidding supervision, software reliability control) and equal order placements access conditions for bidders shall be provided by the Operator.
1.6 The present Regulations are developed in accordance with existing legislation of the Russian Federation, particularily:
The Civil Code of the Russian Federation;
Federal Law №149-FZ of July 27, 2006 “OnInformation, Information Technologies and Information Protection”;
Federal Law № 135 -FZ of July 26, 2006 “On the Protection of Competition”;
Federal Law № 152 -FZ of July 27,2007 “On Personal Data”;
2. How to enter into the Regulations
2.1 Registered individuals shall enter into intothe present Regulations by submitting an application during on-line registration on the electronic trading platform as per Section 8 hereof.
2.2 An individual submitting an application for registration is deemed to be entered into the Regulations and become a party hereof.
2.3 An individual is deemed to be entered into the Regulations provided he accepted all terms and actual exhibits hereof during registration of an application of accession on the electronic trading platform SBT registry. An individual entered into the Regulations shall accept further amendments (supplements) to the Regulations in accordance with terms and conditions hereof.
2.4 After entering into the Regulations, the Operator of the electronic trading platform and the joined Party are entering into the contractual relationship for indefinite period of time.
2.5 While entering into the present Regulations, the Applicant shall confirm his consent with the conditions hereof as well as the fact that the present Regulations do not contradict with legislation of the Russian Federation and deprive the Applicant of his rights vested in him under the legislation, does not exclude or limited responsibility of the Operator for violation of his responsibilities.
2.6 While entering into the present Regulations, the Applicant who is an Organizer/Vendor (procurement/sale procedure) shall confirm the procurement/sale procedure order determined by the present Regulations and does not contradict with procurement/sale clause of the Organizer/Vendor.
3. Termination of the Regulations
3.1 The present Regulations may be terminated by the initiative of one of the parties in the following cases:
By a desire of one of the parties;
Violation of the present Regulations by one of the parties;
3.2 In case of termination of the Regulations, the initiative Party shall notify in written the other Party about their intentions thirty calendar days prior the cancellation date. The Regulations are deemed to be terminated after fulfillment of obligations by the Parties.
3.3 Termination of the Regulations shall not release the Parties from fulfillment of their obligations arisen before the cancellation date and shall not release the Parties from the reliability of non-execution or improper execution hereof.
4. Changes (amendments) in the Regulations
4.1 The Operator may make alterations (amendments) into the Regulations unilaterally.
4.2 The Organizer shall notify about all alterations (amendments) by posting them on the electronic trading platform at http://sbtplat.com/Regulations.
4.3 All alterations (amendments) carrying out into the Regulations by the Operator due to the changes in the existing legislation of the Russian Federation will enter into force simultaneously with the alterations (amendments) of the mentioned Acts.
4.4 From the time of entering into force, any alterations and amendments to the Regulations are extended to all the parties that have been entered into the Regulations including those parties that have been entered into the Regulations before the alterations (amendments) came into force. In case of disagreement with the alterations (amendments) the Party has a right to terminate the Regulations before they come into force in accordance with a procedure stipulated by section 3 hereof.
4.5 All enclosures, alterations and additions to the present Regulations are integral part hereof.
5. The Electronic Trading Platform User Workplace Requirements
5.1 To access the electronic trading platform, all standard browsers may be used.
5.2 The electronic trading platform processes minimum 5000 inquiries per hour of any web-pages hereof. The average reaction time of the software from the time of getting http-request until the time of sending the requested data shall not exceed 4000 ms. The maximum reaction time under load not exceeding 5000 http-requests per hour of any web-pages of the electronic platform, does not exceed 15 000 ms.
5.3 The electronic trading platform is functioning on a twenty - four hour basis, seven days per week as per the schedule defined by the Operator excluding time for maintenance works.
5.4 The electronic trading platform notifies automatically all Users about maintenance works deadlines by posting the relevant information on the public part of the website.
5.5 Any information on the electronic trading platform is posted in Russian except cases provided in clause 5.6 of the present Regulation. Usage of Latin or other symbols and letters when writing Russian words is not allowed.
5.6 Using of information posted on the electronic trading platform, letters and symbols of foreign languages is allowed only in the cases when using the letters and symbols of Russian language leads to distortion of information in particular while indicating web-sites and e-mail addresses.
5.7 Each User posses a personal cabinet on the ETP the access to which only the mentioned User has got.
5.8 The system insures creation, storage and processing of on-line (electronic) documents presented by the Users with the help of information security tools.
5.9 To operate at the ETP the User’s employee should have an automated workplace constituting one workstation, i.e. a computer or a notebook with the minimum configuration specified below:
A 32-bit (x86) or 64-bit (x64) processor with the clock frequency of not less than 1.5 GHz or more,
Random-access memory of not less than 1Gb (for the 32-bit processor) or 2 Gb (for the 64-bit processor),
Hard disc free space of 200 Mb or more,
A monitor with the resolution capacity of 1280х800 or higher,
Microsoft Windows 7 Starter or a later version;
Browser Internet Explorer 9.0 or higher;
Document production facilities (MS Office, WordPad);
File compression (packing) facilities (RAR, ZIP, WINZIP);
PDF files readers (Adobe Acrobat or a similar one).
5.10 To ensure correct operation at the ETP it is necessary to deactivate all non-standard add-ins of Internet Explorer (such as Skype, ICQ, etc.), as the use thereof may result in changing the structure of electronic documents generated.
5.11 When working with the ETP, all standard browsers may be used, such as Internet Explorer, Opera, Chrome, Firefox, Safari, etc. If there is any error or incorrect page displaying, it is necessary to change for the recommended browser IE (see the workplace requirements specified in the ETP Operation Regulation).
6. Electronic Document Flow
6.1 Trading procedures announced and held on the ETP conducted exceptionally in the electronic form by means of electronic document flow. All data and documents connected with ETP applications for registration and holding trade-procurement procedures including bidding to be presented in the electronic form via the ETP.
6.2 To arrange electronic document flow, the Applicant and the User must set up some necessary hardware as well as client software and dataware.
6.3 Electronic documents exchange on the ETP is deemed to be a legally significant electronic document flow in accordance with the present Regulations.
6.4 The time for creation, receiving and sending of all electronic documents on the ETP to be run in accordance with time schedule of the ETP server.
7. Responsibility and Settlement of Disputes
7.1 The ETP User shall be entitled to:
7.1.1 posting procurement procedures notifications in accordance with the present Regulations and relevant documentation.
7.1.2 participating in procurement procedures holding on the ETP, that are accessible to him as per Regulations and in conformity with the relevant documentation.
7.1.3 submitting the Operator his offers on the improvement of functionality of the ETP.
7.2 The ETP User shall be obliged:
7.2.1 To comply with requirements of the present Regulations while executing any actions on the ETP;
7.2.2 To provide the updated information about his company during the registration on the ETP including full details of the company, about the offered and/or consumed commodities, works, services as well as posting all relevant copies of the documents during the registration on the ETP.
7.2.3 To purchase or sale commodities, execute works or render services exceptionally in the electronic form (on-line) by means of electronic document flow.
7.2.4 To maintain the ETP login and password confidential. The User shall notify the Operator immediately upon suspicion of any unauthorized use thereof by the third parties.
7.3 The ETP Operator shall be entitled to:
7.3.1 Check the validity of the information presented by the ETP User.
7.3.2 Make control under the ETP electronic document flow as well as any operations performed on the ETP for compliance thereof with the existing legislation, the present Regulations and the ETP instructions.
7.3.3 Forbid the ETP User “Personal Cabinet” access due to non-compliance with the present Regulations or suspend the User’s account until all infringements would be eliminated.
7.3.4 The ETP Operator is entitled to forbid the access of the User to the ETP “Personal Cabinet” unilaterally in the following cases:
188.8.131.52 By the court decision.
184.108.40.206 Due to default or improper fulfillment of the obligations by the ETP User.
220.127.116.11 In the event of bankruptcy proceedings with respect to the ETP User.
18.104.22.168 In the event of initiation of a criminal case with regard to the ETP user manual, connected with activity of such a User on the ETP.
22.214.171.124 To upgrade the ETP and make changes in its functional capabilities as well as in the present Regulations.
7.4 The ETP Operator shall be responsible for:
7.4.1 providing technical participation capability in the open trading procedures as well as equal acess of the ETP Users to participation in the open trading procedures including information about open trading procedures.
7.4.2 providing continuity of bidding, software and hardware functioning used for conducting trading procedures in accordance with legislation of the RF.
7.4.3 providing storage of all necessary documents in electronic form (on-line) during five years from confirmation of the bidding results protocol.
7.5 The ETP User shall be responsible for:
7.5.1The ETP User shall be responsible for non-performance of the present Regulations, that entailed violation of rights of the third parties.
7.5.2 The ETP User shall be responsible for validity of the information posted and submitted by him during his operations on the ETP.
7.5.3 All activities that an authorized ETP User performs are deemed to be the actions of the relevant ETP User and entail the relevant rights and obligations specifically for this User.
7.5.4 The ETP User shall be fully responsible for non-performance or improper performance of his obligations.
7.5.5 The ETP User shall be fully responsible for making his login and password confidential and bear responsibility for damages that may arise due to their unauthorized use by the third parties as well as all actions connected with login usage performed by the third parties.
7.6 The Operator shall not be responsible for:
7.6.1 Any loss or damage that the ETP User incured due to the absence of the proper relevant hardware and software complex necessary for work on the ETP in accordance with technical requirements of the ETP, namely:
126.96.36.199 An absence of any computer equipment with necessary technical capacities of the software to meet the requirements of the ETP;
188.8.131.52 Technical restrictions and settings that are contained in the computer software of the ETP User that prevented him from using of all ETP functional capabilities;
184.108.40.206 Infection of the personal computer of the ETP User by malicious software (computer viruses) that makes impossible to work properly on the ETP;
220.127.116.11 Disruption of network activities and restrictions imposing by the ETP User as well as disruptions of the hardware and software complex of the ETP User that entail unregulated and unforeseen temporary network disconnections of the ETP User and prevented him from using of all ETP functional capabilities ;
18.104.22.168 Disruption of network activities and restrictions imposing by the provider (a company that gives the ETP User access to the Internet), whose service the ETP User uses as well as disruptions of the hardware and software complex of the ETP User provider that entail unregulated and unforeseen temporary network disconnections of the ETP User and prevented him from using all functional capabilities of the ETP;
7.6.2 Any loses or damages that the ETP User incurred due to misuse of the information connected with the ETP User manual and relations between the Operator and the ETP User including:
22.214.171.124 Lack of knowledge of the present Regulations, neglect or improper fulfillment of requirements and procedures by the officers of the ETP User, specified in the present Regulations;
126.96.36.199 Disclosure of login and password, unauthorized transfer of the login and password by the responsible person of the ETP User to the third parties that have no authority and qualification to work on the ETP;
188.8.131.52 Any actions that were performed on behalf of the ETP User by the third parties that gained access to the ETP.
7.6.3 For the procurement procedure notification content, procurement procedure documentation drawn up and posted by the Organizer;
7.6.4 For the deadline and actions of the Organizer made in accordance with his internal documents governing an order placement procedure, making operations, rendering services connected with trade and procurement procedure clauses explanation, alterations in the trade and procurement procedure documentation, cancellation of the trade and procurement procedure;
7.6.5 For application content submitted by the Applicant to participate in a trade and procurement procedure;
7.6.6 For any actions of the trading Organizer during his review of the application, acceptance or rejection thereof,trade and procurement procedures application reviewing protocol, the deadline for submitting the said Protocol and any other procedural actions of the Organizer connected with reviewing of trade and procurement procedures applicationFor the conclusion of the contract (failure to conclude a contract due to some reasons) between the Organizer and the Applicant on the basis of the ETP trade and procurement procedures; for the reciprocal execution of the contract by the parties concluded on the basis of the ETP trade and procurement procedures;
7.6.8 In case any information posted by the ETP User will become disclosed to the third parties by the fault of the ETP User and who used it to damage the ETP User.
7.6.9 In case of non-fulfilment or improper fulfillment of the present Regulations as well as any other agreements, the Operator and the ETP Users shall be liable to the penalties prescribed by the existing legislation of the Russian Federation.
7.6.10 Any disputes between the Applicants (Participants) and Organizer of the trading procedures performed on the ETP in accordance with the present Regulations and effective ETP instructions of the User to be considered bilaterely without any involvement of the Operator.
7.6.11 Standards of the present Regulations can not be considered as any limitations of the rights of the organizers or participants to apply to arbitration or any other relevant institutions.
8. Registration on the electronic trading platform
8.1 To access advertised bid system, the Operator shall make a registration on the electronic trading platform. The registration on the electronic trading platform shall be free of charge.
8.2 Personal data reported by the applicant in the form of questionnaire, agreement and other documents filled in on the electronic platform or presented to the Operator personally, through a representative, by post or by any other ways, shall be processed and stored on the electronic trading platform. Processing of personal data may be automated or without using of automation equipment. To register the applicant shall confirm his consent for personal data processing. The consent shall be unlimited.
8.3 The Operator shall post in a public part of the ETP:
the ETP application forms;
the current version of the present Regulations. There available the application forms for the legal entity, individuals and private entrepreneurs.
8.4 To register on the electronic trading platform, the Applicant shall fill in the application form and present the Operator the following documents and information:
application for registration;
an actual copy of extract from the Unified State Register of Legal Entities (for legal entities), an actual copy of extract from Unified State Register of Private Entrepreneurs(for private entrepreneurs);
copies of the constituent documents (for legal entities), copies of the documents that prove identity (for individuals);
taxpayer ID data;
e-mail for notifications by the Operator of the electronic trading platform in accordance with the present Regulations;
copies of the documents confirming the power of a director (for legal entities).
8.5 The documents mentioned in the Clause 8.3 of the present Regulations must be signed by a director or an authorized person and stamped by a legal entity’s or private entrepreneur's seal (for applicants acting as legal entities or individual entrepreneurs) or signed by an individual (for applicants acting as individuals).
8.6 The User is responsible for accuracy and validity of information contained in the documents and messages, actions performed on the basis of such documents or messages, for the timely update of these documents or messages.
8.7 At acceptance of application for registration, mentioned in the Clause 8.3 of the present Regulations, the Operator shall register it together with the documents in a log book assigning a number and time of arrival.
The Operator of ETP within maximum 3 (three) business days from the date of receipt of the application for registration shall make a decision about either to approve the registration or reject and notify the Applicant on the decision taken.
8.8 The Operator has the right to refuse the Applicant in registration in the following cases:
In case of failure to present documents and relevant information (data) mentioned in clause 8.3 of the current Regulations;
in case of presentation of the documents that do not correspond to the regulatory requirements or contain misleading information;
presentation of the false information.
8.9 In case of rejection in registration, the Operator shall send the Applicant a notification with indication the grounds for such decision including reference to the relevant documents and or information/data that do not comply with the established requirements or contain inaccurate (misleading) information. The Applicant whose registration had been denied, has a right to apply again at any time removing the violations committed.
8.10 In case of approval of the registration procedure, notification containing login and password for an access to the ETP will be sent to the indicated e-mail address. The Applicant is deemed to be the ETP User from the moment of registration. All registered on the ETP individuals are deemed to be the individuals registered in accordance with the present Regulations.
8.11 For each person registered on the electronic platform an operation section (“Personal Cabinet”) to be created, an access to which only the mention party may have. The operation section of the registered person (party) enables him to access all relevant information designated for him as well as other available functions.
8.12 The Applicant is deemed to become acquainted with the present Regulations and accepted all requirements and procedures hereof at the time the application is made.
8.13 The registration of an individual may be suspended or canceled by the Operator in case of violation of the requirements of the present Regulations or breach of contractual obligations by the individual; in this case this individual will lose the status of the ETP User.
8.14 The Operator of the ETP shall reserve his right to refuse an Applicant in registration unilaterally witout expanations of the reasons.
9. The execution of procurement procedures using the ETP.
9.1 The ETP supports automation and holding procurement procedures as well as other competitive procedures with electronic application form as follows:
procurement auction (commercial procurement);
multistep request for proposals (commercial procurement);
miltistep request for proposals ( commercial procurement).
9.2 The order of procurement or any other competitive procedures, terms and conditions of their application, the order of conclusion and execution of the contract as well as any other related procurement clauses are determined by internal documents of the Organizer and the Civil Code of the Russian Federation.
10. Procurement procedure
10.1 On the ETP the following information can be posted:
procurement notification and its changes if any;
procurement documentation and its alterations if any;
draft contract if any (according to results of the procurement procdure);
guideline for the procurement documentation;
message about procurement cancellation;
procurement protocols; other information, the posting of which is stipulated by the law.
10.2 Procurement procedure notification is made by the Organizer from a personal cabinet with a help of the standard interface of the ETP. The Organizer has the right to make as many lots as it might be necessary.
10.3 Procurement notification shall contain the following information:
name, place of location, postal address, e-mail address, phone number of a Customer;
subject of contract with an indication of supplied goods, scope of works and services;
place of delivery goods, rendering services;
requirements imposed on participants of the procurement procedures;
requirements imposed on procured goods, works and services;
place and procedure of presentation and explanation of the procurement documentation;
information about initial (maximum) price;
commencement date and time for procurement procedure application, termination date and time for application procurement procedure ;
type of purchase (opened or closed);
type of procurement applications (opened or closed);
auction step in the event of an auction;
date and time of consideration of proposals made by participants of the procurement procedure (in case of an auction or a closed quotation procedure) and summing up of procurement results ;
the cost of application form (in cases stipulated by procurement documentation);
guarantee of fulfillment of the contract subject to procurement procedure results (in case stipulated by the procurement records (documentation).
10.4 The Organizer has the right to amend the purchasing notification in relation to any separate lot in accordance with deadline established by the legislation and procurement documentation. The Organizer shall amend the purchasing notification and notify Users about thereof by means of standard interface in accordance with the ETP Regulations and User manual.
10.5 The Organizer has the right to cancel procurement procedure including in respect to a separate lot with the deadline established by the legislation of the Russian Federation and procurement documentation. In the case when the Organizer canceled the procurement procedure (lot) with violation of the deadline established by the legislation and procurement documentation, the Organizer sall be liable in accordance with the legislation of the RF.
10.6 The Organizer can also send procurement documentation together with notification.
10.7 The Organizer shall bear responsibility for the credibility of the documents and any information posted by him on the electronic trading platform. In case of conflict between the data submitted to the standard forms of the electronic trading platform by the Organizer and the attached documents, the standard forms data shall prevail.
10.8 Bid openings protocol, list of participants protocol and protocol result sheets can be posted on the ETP by the Organizer in accordance with the legislation and procurement documentation as per the procedure established by the ETP Regulations.
11. Procurement procedure application order
11.1 An application for procurement procedure is implemented by the Applicant from the personal cabinet by means of the ETP standard interface.
11.2 The Applicant shall have the right to apply for any procurement procedure (for each lot), the nofication about which is posted on the ETP unless otherwise stipulated by the procurement notification and/or procurement documentation.
11.3 An application shall be implemented only within the time - frame specified in the procurement notice.
11.4 An application is presented as an electronic document by means of standard interface of the ETP. The documents and data attached and indicated by the Applicant during the registration on the ETP to be downloaded automatically into the application form.
11.5 An application must contain the documents specified in the notification and procurement documentation.
11.6 An application cannot be submitted in the following cases:
if an Applicant applies twice for the same lot provided that the application submitted earlier by such an Applicant, was not cancelled;
if an Applicant applies after the expiration of the application period;
if an Applicant fills in an application form incorrectly or fails to fill in the obligatory fields.
In case the system does not accept the application form, an applicant will receive a relevant error message;
11.7 The Applicant shall be liable to change or cancel the application including any separate lot before the end of the bid submission period (application period);
11.8 The change of application form is allowed only by cancellation of the earlier submitted application and creation of the new one;
11.9 Cancellation and change of the application shall be implemented by the Applicant from his Personal cabinet.
12. The order of bid openings and determination of the participants of the procurement procedure.
12.1 Upon expiration of the application/bidding period at the scheduled time and date of bid openings fixed by the Organizer in the procurement procedure notification, the Operator provides the Organizer with an access to the applicants’ bids, applications and documents.
12.2 The Organizer shall examine the applications and form a bid openings protocol (in relation to each lot) that contains a list of accepted applications (with an indication of names of the candidates, date and time of the application and a list of canceled application.
The Organizer shall post the protocol in the open part (public part) of the ETP.
The Organizer has an opportunity to download a file containing own bid openings protocol to the Personal cabinet and post it on the ETP by pressing a confirmation button.
12.3 The Organizer shall allow to participate only those applicants whose applications and attached thereto documents correspond to the requirements specified in the notification and procurement documentation.
12.4 The Organizer shall refuse in participation to those Applicants whose applications thereto and documents do not correspond to the requirements specified in the notification and procurement documentation.
12.5 The Organizer within the time-frames specified by the notification and (or) procurement documentation, makes a decision about admission (refusal) of the Applicants to participate in the procurement procedure. To do this, the Organizer issues a protocol where all candidates become participants; the protocol contains a list of participants entitled to take part in a procurement procedure as well as a list of participants that have been refused in participationwith an indication of the grounds of the decision having resulted in the rejection of a participation. The Organizer shall post the protocol in th public part of the ETP. The Organizer is able to download his own protocol of identification of participants to the Personal Cabinet and post it on the ETP by pressing of a “confirmation of a post” button.
12.6 All Participants that made an application, shall receive an electronic document notification about their status of participants or about the rejection of their participation with an indication of the grounds of the decision having resulted in the rejection of a participation.
12.7 The Participants that were entitled to participate in a procurement procedure including the particular lot are deemed to be the Participants of the procurement procedure including the particular lot.
13. Particularities of conducting a procurement auction.
13.1 Under procurement of goods , works and services auction is understood a way of procurement procedure on the ETP, in accordance with the regulations of the present section, represented by a procedure of successive decrease of initial price (bid) of the contract by the Bidders (Participants of the auction), the winner of which becomes a party that offered the lowest price for the execution of the mentioned contract. Price offer application by the bidders (participants of the auction) is implemented repeatedly. The auction is held by the Operator in real time.
13.2 An Auction is held on the day and at time mentioned in the notification by the Organizer.
13.3 The conduct of the auction includes the following steps:
posting a notification about the auction and auction documentation;
submitting applications (without bids);
reviewing the applications identification of participants;
summing up the results of the auction, posting a results protocol;
making records about the contract concluded.
13.4 The Operator shall provide a continuous auction, software and hardware functioning used for conducting the auction in accordance with established regulations as well as equal access to the auction for the Participants.
13.5 Only bidders that are allowed to participate shall have the right to participate in the auction in accordance with the protocol where all candidates are considered to become participants;
13.6 From the very start of the auction all Bidders (Participants) have a chance to submit their bids by means of standard interface of the closed part of the ETP.
13.7 While conducting an auction, the Bidders (Participants) submit their bids with an option of changing the current best price as per an auction step, established by the Organizer in the notification about carrying out auction and procurement documentation.
13.8 The Operator shall post the best bids from each Bidder and time of their arrival as well as time left until the expiration of the bidding deadline.
13.9 In case during the time allocated for the first bid, no bid is filed, the auction will be automatically finished by means of the ETP hardware and software.
13.10 In case during the time allocated for the following (subsequent) bids, no bid is filed, the auction will be automatically finished by means of the ETP hardware and software.
13.11 During the running of the auction the Operator shall automatically reject a bid in the following cases:
the bid is made before or after the time allocated for submitting bids;
the proposed bid exceeds the initial contract price provided the initial contract price is set;
the proposed bid is equal to zero;
the proposed bid does not correspond to the auction step;
the proposed bid is higher or equal to the bid earlier proposed by the same Bidder;
13.12 The bidding registration time shall be fixed as per backend time at the time of bidding and accepted by the Operator.
13.13 The auction winner shall be recognized the Bidder offered the best price in accordance with procurement documentation regulations.
13.14 The auction shall recognized not taken place by means of software and hardware of the ETP in the following cases:
if only one application or no applications at all have been made;
during the identification of the bidders, all applications have been rejected;
during the identification of the bidders, only one Bidder is recognized to be a participant;
during the auction in real time no Bidder has filed his bid.
14. Particularities of conducting tender
14.1 Under purchase of goods, works and services is understood a way of conducting a procurement procedure on the ETP in accordance with the regulations of the present section , those participant who offered the best contract conditions is defined to become a winner in accordance with procurement documentation.
14.2 Tender consists of the following steps:
posting notification about a tender and tender documentation;
submitting applications including bids;
identification of participants;
assessment and comparison of bids;
summing up and posting summing-up protocol;
entering the data about the concluded contract.
14.3 The Operator provides software and hardware functioning used for organising the tender in accordance with the regulations as well as equal access to participation for all Participants.
14.4 The identification of the winner shall be implemented by the Organizer or tender committee in accordance with tender documentation.
14.5 Summing up of the tender results shall be implemented in accordance with an order established by the Organizer as per Section 16 of the present regulations.
15 Particularities of proposals and quotation request
15.1 Quotation requests for the prices, request for proposals are deemed to be non-commercial procedures, the conducting thereof are not regulated by the Articles 447-449 of the first part of the Civil code of the Russian Federation.
15.2 The Organizer of the non-commercial procedure shall post a notification about non-commercial procedure on the ETP in accordance with Section 10 of the present Regulations.
15.3 Filing applications by the Applicants is implemented in accordance with the requirements established by the notification about non-commercial procedure in accordance with Section 11 of the present Regulations.
15.4 The Organizer shall identify the participants of the non-commercial procedure in accordance with section 12 of the present Regulations.
15.5 Summarizing of the non-commercial procedure is held in accordance with the procedure established by the Organizer and as per Section 16 of the present Regulations.
15.6 Non-Commercial procedure may be used for forming of maximum initial price during purchasing, preparing of auction documentation as well as for the purpose of transfer pricing.
16. Particularities of re-tendering (internal auction procedure to reduction in price and unitary reduction of price )
16.1 Under re-tendering procedure is understood an opportunity of decreasing the initial price indicated in the application by the Bidders. The re-tendering procedure is implemented for the following types of procedures: auction, request of proposals, price quotations.
16.2 Re-tendering procedure on the ETP can have real time bidding or absentee bid form. Absentee bidding is implemented by unitary reduction of price by the Bidders in the re-tendering application form with an indication of better price. Real time bidding is an auction procedure characterized by the reduction of the price in real time, where Bidders have an opportunity to decrease their price several times. The decision about place and time of the re-tendering procedure is made by the tender commission or Organizer of the procurement procedure in accordance with procurement documentation. The Bidders are notified about re-tendering procedure by means of software and hardware of the ETP.
16.3 The re-tendering procedure on the ETP can be held unlimited number of times. The decision about the procedure and time of the next re-tendering is made by the auction committee or the Organizer of the procurement procedure in accordance with procurement documentation.
16.4 The Operator shall provide continuity of real time re-tendering (auction procedure of decreasing the price), software and hardware functioning used for re-tendering in accordance with established requirements as well as equal access of all Bidders to participation.
16.5 From the start of the real-time re-tendering (auction procedure of decreasing the price (bid)), Bidders have an opportunity of submitting price offers (bids) by means of standard interface of the closed part of the ETP.
16.6 The Operator shall post the best price offers (bids) of the real time re-tendering of each Bidder on the ETP (auction procedure of decreasing the price (bid), and their arrival time as well as the time left until the expiration of price offers submission.
16.7 In case in the course of submitting of the first offer (bid), no any bids submitted, the initial re-tendering (auction procedure of decreasing the price (bid)) shall be completed automatically by software and hardware of the ETP.
16.8 In case during the time of submitting further bids, no bids submitted, the real time re-tendering (auction procedure of decreasing the price (bid)) shall be completed automatically by software and hardware of the ETP.
16.9 During the real time re-tendering (auction procedure of decreasing the price (bid)) the Operator shall reject automatically the bid in the following cases:
the bid is filed before or after of the given time;
the bid is more or equal to the bid filed earlier by the same Bidder;
the bid is less than the previous bid of the same Bidder provided the previous bid of this Bidder is the best current bid.
16.10 The bid registration time is fixed by server time during filing the bid and acceptance thereof by the Operator.
17.1 With the help of the software and hardware the ETP Operator shall give the Organizer an opportunity (an option) of multistep procedure.
17.2 Under multistep auction for procurement goods, works and services is understood as a way of conducting the procedure on the ETP in accordance with the clauses of the present section, the winner thereof will be the Bidder offered the best conditions of the contract in accordance with commercial documentation. The trade procedure may go through several stages and the winner shall be determined by the offer (bid) submitted on the last stage of the bidding (tender).
17.3 After the expiration of the application period set by the Organizer in the notification about multistep bidding, the Organizer examines the bids and can announce a new round of bids. In this case the Organizer must set a new day and time of the closing date, choose those bidders that are allowed to participate in a new round of trading procedure, indicate any requirements for improving of the the bids submitted earlier by the Bidders. The number of stages in the trading procedure of multistep tender (bidding) is not restricted.
17.4 Evaluation of the results is implemented in accordance with the procedure established by the Organizer and as per Section 18 of the present Regulations.
18.1 After completion of all stages of trading procedure for all lots, the Organizer shall form a bidding results protocol in relation to each lot by means of standard interface of the ETP.
18.2 The Organizer shall post the protocol on the public part of the ETP.
18.3 The Organizer shall have a chance to download the file in the person cabinet, containing his own bidding results protocol and post it on the ETP by pressing the post confirmation button.
18.4 The Operator shall send a message with results of trading procedure to a Winner by means of the ETP.
18.5 Within 1 (one) working day from the date of finishing trading procedure, the Organizer is obliged to indicate the information about concluded/not concluded contract as per the results of trading procedure including each lot and post it on the ETP.
19.1 Funds on the personal account of the Client could be credited in Russian Rubles, United States Dollars or EUROS.
19.2 Currency conversion from personal account is implemented by the ETP on the basis of simultaneous "Application for conversion" and Invoice issued in the required currency.
19.3 For participants - residents of the RF, the conversion is implemented in accordance with cross-rate of the Central Bank of the Russian Federation on the day of getting Application for conversion provided the Application is issued during working hours (Monday - Friday) from 9.00 to 18.00 Moscow time. In case the Application is issued out of this this time, then cross-rate of the Central Bank of the Russian Federation established on the first working day after the application date shall apply.
19.4 For participants - non-residents of the RF, the conversion is implemented in accordance with cross-rate posted on http://www.reuters.com/finance/currencies. The Operator uses those cross-rate that indicated on www.reuters.com at the moment when he received an Application provided the Application is issued during working hours (Monday-Friday) from 9.00 to 18.00 Moscow time. In case the Application is issued out of this time, then cross-rate of https://www.reuters.com/finance/currencies, established on the first working day after the Application day shall apply. The ETP makes a screen-shot from the above mentioned web-site with applied currency cross-rate.