Quotation application in electronic form under 44 FZ. How to apply for a request for quotations electronically. Quotation Request Notice

In the article we will tell you what a quotation order is, how to participate in it and what is needed for this.

Types of trade and procurement procedures using electronic trading platforms:

1. Contests
2. Auctions
3. Request for proposals
4. Quote requests

44-FZ of 04/05/2013 (as amended on 07/03/2016) article No. 24 "Methods for determining suppliers (contractors, performers)"

2. Competitive methods for determining suppliers (contractors, performers) are tenders (open tender, tender with limited participation, two-stage tender, closed tender, closed tender with limited participation, closed two-stage tender), auctions (auction in electronic form(hereinafter also referred to as electronic auction), closed auction), request for quotations, request for proposals.

What is a Quoted Bid

Request for quotations is a method of placing a government order, the winner of which is the participant who offered the lowest price, and whose application complies with the established requirements of the documentation and legislation.

44-ФЗ dated 05.04.2013 article 72 "Request for quotations"

1. A request for quotations is understood as a method for determining a supplier (contractor, performer), in which information about goods, works or services purchased to meet state or municipal needs is communicated to an unlimited number of persons by placing a notice of a request for quotations in a unified information system and the winner of the request for quotations the procurement participant who has offered the lowest contract price is recognized.

2. The customer has the right to make purchases by conducting a request for quotations in accordance with the provisions of this paragraph, provided that the initial (maximum) contract price does not exceed five hundred thousand rubles. At the same time, the annual volume of purchases carried out by conducting a request for quotations should not exceed ten percent of the total annual volume of purchases of the customer and should not exceed one hundred million rubles.

Benefits for the customer:

1. The speed of the procurement procedure (12-16 working days from the date of publication);
2. No requirements for the development of a large terms of reference(purchase documentation);
3. There is no requirement to clarify the provisions of the notice;
4. Maximum one lot per procedure;
5. One vendor-specific protocol.

Benefits for the supplier:

1. From the requirements, it is enough to attach documents with information about the product and the price offer. You do not need to attach constituent documents;
2. Not required financial security applications;
3. Submission of an application in electronic or paper form;

The main disadvantage of a quotation order

The criterion for selecting the winner is the lowest price and compliance with the requirements. This is an unreasonable risk for the customer. Not applicable to the supplier anti-dumping measures, therefore, the quotation does not guarantee the quality of the product or service.

Step-by-step instructions: how to participate in a quotation order

Step 1. Search for a request for quotes

There are two ways to find quotes:

1. Search through trading monitoring services (VLSI Trading)
2. Search on the Unified Procurement Information System (zakupki.gov.ru)

Step 2. Preparation of a package of documents

Carefully study the requirements for a quotation application and prepare a list of documents. If you do not meet the requirements, the application will be rejected.

List of documents

1. Application for participation

The customer prepares the application form and uploads it together with the draft contract, the specification for the Unified Information System in the field of procurement. Download the template and fill it out.

In the application for the request for quotations, indicate:

1. Business name.
2. Location of the enterprise.
3. Surname, name, patronymic of the employee in charge to conclude a contact.

Rice. 1. First part of the application

1. Bank details of the procurement participant;
2. The participant's consent to fulfill the terms of the contract, which are indicated in the notice (indicating the name and characteristics of the goods);
3. Contract price proposal;
4. Documents confirming the right to receive benefits;
5. TIN of founders;
6. TIN of members collegial body;
7. TIN of the sole executive body.

Rice. 2. Second part of the application

In the participant's declaration of conformity, confirm that the enterprise is not involved in litigation, has the status operating enterprise, is not liquidated, is not in bankruptcy proceedings, etc. All requirements are indicated in the declaration template.

3. Additional documents

The application can be accompanied by documents confirming the benefits of the participant:

• Confirmation of the status of a small business entity
• Documents confirming the compliance of the goods, work or service with the admission conditions, admission prohibitions, admission restrictions

Execute all documents on letterhead enterprises, print, certify with the signature of the head of the enterprise and stamp with the seal of the enterprise.

Step 3. Submission of a quotation order

There are two ways to apply:

1. IN in electronic format by signing documents with an electronic signature;
2. On paper, in a sealed envelope.

If, according to the terms of the request for quotations, it is possible to send in electronic form, sign the documents with an electronic signature. Then send to email specified in the request.

If the application is made on paper, wrap all documents in an envelope. On it, stick a form with data on request for quotations, the customer and the participant.

Rice. 3. An example of a form

Send your quotation by mail or deliver in person to the address indicated in the notice. When transferring the application, we recommend taking a receipt from the customer about the receipt of the application, indicating the date and time.

How to withdraw or change a quotation request

The participant can change (withdraw) the quotation application only if the customer has made adjustments to the notification of the request for quotations after the participant has submitted the application.

The procedure for determining the winner in quotation bids

The Quotation Commission opens the envelopes with applications at the time and place specified in the notice.

The procurement participants who submitted bids or their representatives have the right to be present at the opening procedure. The absence of participants in quotation bids does not cancel the envelope opening procedure.

The winner of the request for quotations, in accordance with Part 6 of Art. 78 ФЗ № 44, a participant is recognized who has submitted an application that meets all the requirements established in the notification, and in which the lowest price of goods, work or services is indicated.

Reasons for rejection of the application

• Applications do not meet the requirements specified in the notification;
• The price of goods, work or services offered in bids exceeds the initial maximum contract price indicated in the notice;
• The participant in the request for quotations did not provide the documents provided for in Part 3 of Art. 73 FZ No. 44.

The contract is concluded with the customer no earlier than seven days from the date of posting the protocol of consideration of applications and no later than twenty days from the date of signing the protocol.

If the request for quotations did not take place, then the customer enters into a contract with sole supplier(contractor, performer) in accordance with clause 25, h. 1, Art. 93 FZ No. 44.

Reasons for Failed Quote Requests

The request for quotations may not take place for the following reasons:

• If at the end of the deadline for submission of applications for participation in the request for quotations, only one application has been submitted;
• If, based on the results of consideration of applications for participation in the request for quotations, only one application is recognized as meeting the requirements and requirements specified in the notification;
• All applications that have been submitted are rejected;
• No applications were submitted at all.

If, based on the results of consideration, all applications are rejected, then the customer extends the submission deadline by four working days.

Just in case, I will clarify: this order is for Krasnodar Territory... Although I'm pretty sure it can be safely used in other regions as well.

1. When submitting an application in the form electronic document the participant in the order placement fills out the quotation application in electronic form in accordance with the quotation application form and sends it by e-mail via e-mail to @@@.

2 Application format in the form of an electronic document: document Microsoft Word(* .doc (x)), OpenOffice (* .odt), Adobe Acrobat (* .pdf), Rich Text Format (* .rtf), or a JPG file containing a scanned graphic image of the original paper quote. An application in the form of an electronic document must be signed electronically digitally signed(EDS) in accordance with the requirements of the Federal Law Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 8, 2007) "On electronic digital signature". The following should also be attached to the e-mail with the file (s) of the quotation order:

A letter accompanying the quotation application, signed by EDS, in the form specified in clause 4.

EDS certificate file, which signed the quotation application;

The file with the root certificate of the Certification Authority (CA) that issued this EDS, and the body of the letter must contain links to the website on the Internet and to the register of user certificates of this CA;

The file of the list of revoked certificates of the CA that issued this EDS, which expires no earlier than the expiration date of the period for submitting quotation bids, and the body of the letter must contain a link to the website on the Internet where the CA places such a file for public access.

The subject of the message should indicate “Application for participation in the request for quotations from the Organization, No. (number of the quotation application from the Official website of the Russian Federation zakupki.gov.ru)”.

Note: You can purchase the necessary EDS that complies with all legislative norms at ITK LLC

3. When choosing the method of submitting a quotation request in the form of an electronic document, the procurement participant must take into account that the Customer is not responsible for the loss or untimely receipt of the quotation bid sent by the procurement participant by e-mail, if the reasons are any technical or organizational obstacles arising from circumstances beyond the control of the Customer, as well as if technical and software automatic protection of the Customer's information found that email with a quotation bid arriving at the @@@ e-mail host (host) is infected with computer viruses or has signs of spam in its structure.

4. The form of the e-mail accompanying the Quotation Bid, signed by EDS.

According to clause 2 of article 46 of 94-FZ "Procedure for submitting quotation bids" I am sending you a quotation application in the form of an electronic document. This application is signed by our electronic digital signature (EDS).

The Quotation Application itself - attached file Microsoft Word (* .doc (x)), OpenOffice (* .odt), Adobe Acrobat (* .pdf), Rich Text Format (* .rtf) or a JPG file containing a scanned graphic image the original of our quotation application.

Attached file - ххххххх.cer - EDS certificate, which signed the quotation application.

The attached file ca.cer is the root certificate of the Certification Authority. Links to the website on the Internet and to the register of user certificates of this CA: http://ca.ca.ca/reestr.html.

Attached file UCSMC.crl - list of revoked CA certificates. A link to a website on the Internet where the CA places such a file for general access (http://ca.ca.ca/sos.html).

According to clause 2 of article 46 of 94-FZ “in the case of submitting a quotation application in the form of an electronic document, the customer, authorized body on the same day must send to writing or, in the form of an electronic document, to the procurement participant who submitted such an application, confirmation of receipt of such an application. " I ask you to confirm receipt of our quotation application.

All file names in clause 4 of the Procedure (e-mail form) are given as an example and the participant in the order placement should use the real names of their sent files. The data of our Certification Center LLC "Internet Technologies and Communications" you can always find on our website

Despite the simplified procedure, the request for quotes has a number of peculiarities. We will figure out how to apply for a quote and whether it can be done using the EIS.

How to submit a quote for the first time

In accordance with Part 2 of Art. 77 44-FZ, the participant has the right to choose how to submit quotations. By law, this can be done both in paper form and in the form of an electronic document signed with an EDS. The main condition is the confidentiality of information.

Although the law allows remote filing, in fact, this opportunity cannot be used. The necessary functionality has not yet been implemented in the EIS. According to clause 2 of the Government Decree of January 23, 2015 No. 36, the Cabinet of Ministers instructed the Federal Treasury to ensure the possibility of sending a package of documents for participation in determining a supplier through the EIS no later than 01.01.2017. Then this deadline was postponed to 01.01.2018.

In addition to the resolution, let us pay attention to the bill No. 623906-6, which proposes to remove from Art. 77, 78 of Law No. 44-FZ formulations that relate to the filing of applications in digital form. It is planned to add a completely new paragraph, which will regulate the conduct of such a procedure in digital form for transactions worth not more than 500,000 rubles. At the same time, the time and place of publication of the notice and the draft contract, making changes to them will remain the same.

The submission of proposals for such a procedure is planned through the ETP only by accredited suppliers. And the application will consist of one part and a proposal new price signed by EDS.

How to apply by email

There is an acute question of the possibility of sending the customer an application by e-mail, which is indicated in the notification. Arbitrage practice on this issue is ambiguous.

For example, the Supreme Court on March 28, 2016 in case No. 304-KG16-1289 determined that the link by the customer in the notification of the request for quotations to the email address without the wording that the proposals are submitted by participants through the EIS should be qualified as admitting the filing of an application for participation in the request quotes to the customer's e-mail.

A comprehensive analysis of the norms of 44-FZ leads us to completely opposite conclusions. It is quite obvious that an electronic document and an email are two different documents. In this case, the e-mail, which is indicated in the documentation, is purely for reference purposes and does not legally give the right to send applications to it. A letter sent by e-mail does not provide confidentiality, and also does not guarantee that the customer will receive it.

These findings are supported by the practice of the Antimonopoly Service, which indicates that it is inadmissible to include provisions on electronic filing in a request for quotation.

Quotation bids in the EIS in electronic form

At the same time, complaints from suppliers about the limitation of the method of filing applications paper view are also recognized as unreasonable.

To summarize the above, by sending an offer by email, you run the risk of being rejected. After that, if you decide to prove that you are right by relying on the definition The Supreme Court, serious costs and long litigation await you. It is much more expedient to collect a standard package of documents and send it to the customer in live form on purpose or through a courier.

Standard set for requesting quotes

By announcing such a procedure, the customer places a notice in the EIS, which includes a form for the supplier to fill out, as well as a list of other mandatory requirements:

1. Name and details of the participant.
2. Consent to fulfill the conditions specified in the notice.
3. Names and characteristics of the supplied goods (if any).
4. Contract price.
5. Documentary confirmation of the participant's right to receive benefits (Articles 28, 29 44-FZ).
6. TIN of the founders of the supplier or individual.
7. Declaration on the NSR and SONKO (when fixing restrictions for such entities).
8. Confirmation of the conformity of the goods to the conditions of admission or prohibitions.

The law prohibits the customer from demanding other documents and information other than those listed above.

If one request for quotation has been submitted or none has been submitted, then the procurement procedure is declared invalid (part 6 of article 77 44-FZ).

Applying for special treatments

Customers annually compile vendor registers, which in emergency(for example, natural and man-made disasters) will be able to quickly and without prepayment (with a deferred payment) deliver vital products.

Only suppliers from such a register may submit bids for relevant requests for quotations.

For the procurement procedure, the customer also publishes a notice in the EIS, on the basis of which the participants prepare their proposals. Further, the purchase is carried out in the usual manner.

The government has given one more year to the Treasury to enable public procurement participants to submit all applications electronically through a single information system. This regulation comes into force on January 14th.

Prior to the introduction of amendments No. 36, it provided for the obligation of the Treasury to provide this opportunity to participants in public procurement no later than January 1, 2017. Now the department has a new deadline - no later than January 1, 2018.

Recall that according to Law No. 44-FZ, the EIS should provide the ability to submit applications in electronic form.

Request for quotations in electronic form: submission through the EIS

Now this can only be done by participants in the electronic auction through electronic platform... Participants of the tender, request for quotations, request for proposals can draw up their applications only on paper. This is due to the lack of the necessary functionality in the EIS, the appearance of which should be provided by the Treasury until 2018.

Document: Resolution of the Government of the Russian Federation of December 31, 2016 N 1588 (comes into force on January 14, 2017)

Source: Consultant Plus.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT CHANGE

IN THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

The Government of the Russian Federation decides:

In the second paragraph of clause 2 of the Decree of the Government of the Russian Federation of January 23, 2015 N 36 "On the procedure and timing of commissioning a unified information system in the field of procurement" (Collected Legislation of the Russian Federation, 2015, N 5, Art. 816; 2016, N 2, Article 383), replace the numbers "2017" with the numbers "2018".

Prime Minister

Russian Federation

D. MEDVEDEV

To date, no official clarifications on this issue have been found, despite the fact that the Federal Law of 05.04.2013 No. 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "(hereinafter - Law N 44-FZ) entered into force more than three months ago.

Recall that by virtue of Part 1 of Art. 5 of Law N 44-FZ, when submitting an application in the form of an electronic document, it must be signed with an enhanced electronic signature and filed using the EIS. However, to date, the EIS has not been put into operation, therefore, it is objectively impossible to submit an electronic document using this system.

The transitional provisions of Law No. 44-FZ for all cases of procurement establish only the procedure for placing information in the EIS that must be placed in this system (part 2 of article 112 of Law No. 44-FZ). With regard to the procedure for filing applications, there are transitional provisions only for open auctions in electronic form ( electronic auctions) - they are carried out according to the old rules (part 10 of article 112 of Law N 44-FZ). Provisions according to which, prior to the introduction of the EIS into operation, electronic documents must be exchanged between procurement participants and customers in other cases, regulations do not install.

In this situation, two options for interpreting the law are possible:

1) before the introduction of the EIS into operation, the definition of suppliers, contractors, performers (hereinafter referred to as the counterparty), applications for participation in which can be submitted in electronic form, with the exception of electronic auctions, are not carried out;

2) before the EIS is put into operation, the determination of counterparties, applications for participation in which can be submitted in electronic form, are carried out according to the old rules, that is, applications are submitted by e-mail.

We consider the second option logical and correct. And that's why. Part 5.2 of Art. 112 of Law N 44-FZ establishes that an electronic document that is signed with an electronic signature, the verification key of which is contained in the electronic signature verification key certificate issued federal body executive power exercising law enforcement functions for cash services for the execution of budgets of the budgetary system of the Russian Federation is recognized as an electronic document signed with an enhanced unqualified electronic signature for the purposes of this Law during the validity period of the specified certificate, but no later than the date of commissioning of the unified information system. "

In other words, the law directly allows the submission of documents, sealed with electronic signatures, during the transitional period, while, let us note, "for the purposes of Law No. 44-FZ", and not only for the purpose of conducting electronic auctions.

In addition, an exhaustive list of grounds for rejecting a quotation request is given in Part 7 of Art. 78 of Law N 44-FZ.

How to apply for a quote request electronically

This provision of Law No. 44-FZ does not contain such a basis for rejecting an application for participation in determining counterparties, such as "filing an application without using the EIS" or "filing an application by e-mail."

When sending applications by e-mail, the question arises that they are already available for viewing from the moment they are received, in contrast to applications submitted in sealed envelopes. However, according to Part 4 of Art. 77 of Law No. 44-FZ, the customer ensures the safety of envelopes with applications, security, inviolability and confidentiality of applications for participation in the request for quotations submitted in the form of an electronic document and ensures that the content of applications for participation in the request for quotations is considered only after the envelopes with such applications are opened and (or) opening access to applications for participation in the request for quotations submitted in the form of electronic documents in accordance with Law No. 44-FZ. Persons who store envelopes with such applications are not entitled to damage these envelopes until they are opened and (or) allow access to applications for participation in the request for quotations submitted in the form of electronic documents. For violation of the requirements of this article, the guilty persons shall bear responsibility as provided for by the legislation of the Russian Federation.

We hope that our comments will help, but we emphasize that these explanations are of a recommendatory nature, we recommend that you contact the Ministry of Economic Development of the Russian Federation for official clarifications (clause 1 of the Decree of the Government of the Russian Federation of August 26, 2013 N 728).

Legal support service
website www.44-fz-fks.ru
April 2014

Request for quotations under 44-FZ- this is a method of conducting a government order, the winner of which is the participant who offered the lowest price and whose application meets the established requirements of documentation and legislation.

From January 1, 2019, the request for quotations must be processed electronically. However, the law provides for cases when the procedure can be carried out in paper form.

As Clause 1 of Art. 72 - its specificity is that information about everything that the customer needs is communicated to an unlimited number of persons through the EIS, and the order goes to the one who offers the lowest price.

Request for quotations under 44-FZ procedure

Recalling the definition of quotation according to 44-FZ, we establish that the selection of a contractor in this way is carried out only under certain conditions. The maximum amount indicated in the contract, for the sake of which the selection is being made, should not be more than half a million rubles, and the amount for which the customer purchases per year is one hundred million rubles.

Security execution of a contract in the request for quotations is set at the discretion of the customer. As practice shows, most often it is absent.

The organization of the request for quotations is devoted to the third paragraph of FZ-44, as many as 8 articles: from 72nd to 79. It is in them, basically, that all the details are described.

In case you need help in drawing up a quotation application or are not sure about the correctness of filling, you can use our application registration service or get a free consultation from our specialists.

Both potential participants and organizers should know that participation under 44-FZ is free.

The average price of a contract concluded following the request for quotations procedure in 2017 is 0.13 million rubles... According to the Ministry of Finance, this indicator is similar to the data for 2016.

The share of request for quotations, among other types of tenders in 2017, is approximately 10% and this is a significant increase over the previous period. The largest budget savings in 2017 was achieved following the request for quotations and amounts to 23% .

Quotation Request Notice

One of the first steps in procurement is the drafting and publication of a request for quotation notice.

The term for placing a notice of a request for quotations:

1) not less than 7 working days before the end of the application deadline.

2) in the case of purchases in the amount of less than 250 thousand rubles, as well as in the cases established by 44-FZ, not less than 4 working days.

The document must contain the following information:

1. Information about the customer, contract and requirements for participants:

   - name, location, mailing address, full contact details of the person in charge of the tender;
   - a thesis statement of the terms of the contract, a description of the procurement object, information on the quantity and place of delivery of the goods or the place of performance of work or provision of services, as well as the terms of the contract;
   - purchase code;
   - existing restrictions in the choice of suppliers and contractors, established taking into account the requirements of 44-FZ;
   - conditions (term, place, procedure) for submitting applications for participation in the request for quotations;
   - justification of the contract price;
   - information on the need to provide security for the performance of the contract with an indication of the amount;
   - a detailed list of documents to be provided by the procurement participant;
   - requirements for the absence of information about the organization, its founders or the sole executive body in the register of unscrupulous suppliers (contractors, executors) (at the request of the Customer).

2. Form for filing an application for participation in the request for quotations 44-FZ, including for filing an application in electronic form.
3. Information about when and where the envelopes will be opened and access to electronic applications will be opened.
4. Data on the person and organization responsible for concluding the contract based on the results of the request for quotations, as well as on the mechanism for concluding the contract in the event that the company that offered the lowest price avoids concluding the contract.
5. Information about the conditions under which a unilateral refusal to perform the contract is possible.
6. Benefits provided to contractors in accordance with Art. 28-30 44-FZ, namely: providing benefits to institutions of the penal system, organizations of disabled people and small businesses, socially oriented non-profit organizations.
7. A draft contract must be attached to the notification.

Application for participation in the request for quotations

The participant has the right to submit an application at any time from the moment of posting a notice of its holding and until the date and time of the deadline for submitting applications provided for by the notice. If the customer made changes to the notification, the procurement participant has the right to change or withdraw his application before expiration submitting applications for participation.

An application for participation in a request for quotations must contain the following data and documents:

Name, location (for a legal entity), last name, first name, patronymic (if any), place of residence (for an individual), bank details;

the participant's consent to fulfill the conditions specified in the notice;

the key point is the cost offered by the potential performer;

documents confirming the right to receive benefits;

TIN of the founders, the person performing the functions of the sole executive body (usually, this is the General Director);

documents confirming that the participant belongs to small businesses or socially oriented non-profit organizations, if such a restriction is established by the Customer in the notice of a request for quotations.

if the Customer establishes any conditions for admission or prohibition of admission of goods or services (for example, for goods of foreign origin): documents confirming the compliance of goods with these conditions (licenses, certificates, certificates).

According to paragraph 4 of Art. 73 ФЗ-44, this is an exhaustive list of documents and information that the Customer has the right to demand from the participant.

44-ФЗ does not establish a strict sample of the participant's quotation application, however, the customer is obliged to indicate in the notification approximate form such an application.

In general, the procedure for conducting a request for quotations under 44-FZ has been simplified as much as possible and a sample protocol, as well as a sample of filling out an application, is not provided at the moment.

Stages of the request for quotations

To simplify the perception of the procedure for conducting a request for quotations under 44-FZ, we will divide it into 10 stages.

1. Procurement notice, in the case of an amount up to 500 thousand rubles, is posted in the public domain 7 working days or more before the deadline for submission of applications. If the purchase amount does not exceed a quarter of a million, the admissible publication period is reduced to 4 working days.
2. In both cases, together with the notice, a draft contract is published, for the sake of which this tender is being held. By law, the notice must remain in the free free access before the end of the application deadline.
3. By placing a notice, the customer has the right to request quotations from at least 3 persons or companies involved in the provision of the necessary goods or services.
4. The publication of the notice is not required when the procedure is carried out by organizations operating on the territory of foreign states. In this case, the customer simply requests the cost of the goods from at least three potential contractors. In this case, the contract price can also be any.
5. Special rules also apply to the request for quotations under 44-FZ for the purchase of everything necessary for the provision of emergency and emergency specialized care in an emergency or urgent form, or to maintain normal life support:

   - a request for quotations 44-FZ can be carried out for the procurement of food and ambulance medical care, fuel and other goods necessary to create normal living conditions, exceeding the threshold of half a million rubles, in some situations:
   ... if a claim was filed for termination of the contract in connection with its non-performance and the claim was satisfied;
   ... if the procurement supervisory authority ordered the cancellation of the results of the tender or auction and made a decision to search for a contractor by requesting quotations; the basis for making a decision in this case may be an application from the customer, which must be submitted no later than ten days from the date of issue of the above order;
   ... if the concluded contract is terminated by the Customer unilaterally;
   - in all these situations, the contract is concluded for the period necessary for holding a tender or auction and, accordingly, for the amount of goods necessary to ensure the life of people during this period.

6. All bids for participation in the request for quotations submitted on time must be registered. You cannot refuse to register an application only on the basis of the absence of information on the envelope about the person who submitted it. This information cannot be required by law either.
7. The customer ensures the confidentiality of the submitted information up to the opening of access to it.
8. In the event that one quotation bid is submitted under Federal Law 44, the purchase may be declared invalid.
9. Access to applications takes place at the time and place specified in the notification. All who have applied for participation have the right to be present, the possibility of which must be taken care of by the customer. Also, his responsibilities include organizing audio recordings of opening access to information contained in applications.
10. The Quotation Commission may reject applications that do not meet the conditions stated in the notification. Such cases include the excess of the proposed price of the maximum contract price.

Quote request protocol

The protocol can tell about the results of the request for quotations under FZ-44. There is no sample for it, but the content requirements are described in detail in Clause 8, Art. 78, 44-FZ. It must contain information about the customer, as well as about all submitted applications, including rejected ones (with justification for refusal to participate). The protocol must be signed by all members of the commission and posted in the public domain.

A protocol is drawn up in 2 copies, one of which remains with the customer, the other within 2 working days from the date of signing is handed over to the winner with the attachment of the draft contract.

Conclusion of a contract based on the results of a request for quotations from 44-FZ

The contractor, selected on the basis of the results, must sign the contract within the time specified in the notice.

44 FZ defines the deadline for signing a contract upon request for quotations: it must be concluded not earlier than in 7 days from the moment of posting the minutes of consideration and evaluation of applications and no later than 20 days from the date of signing the specified protocol.

If the conclusion of the contract based on the results of the request for quotations from 44-FZ did not take place on time, then the contractor is recognized as evading, and the customer gets the right to file a claim for reimbursement of costs. The contract is concluded with the participant who offered the same or the next price.

The signing of the contract can be postponed, for a period of just over four weeks, but only in case of special circumstances or the presence of court acts. In such cases, it is necessary to notify the partner about the impossibility of concluding a contract within a day, and in case of cancellation of acts or the disappearance of circumstances, inform about it the next day.

According to Part 2, Art. 96 44-FZ, the customer has the right to demand security for the execution of the contract under 44-FZ in the request for quotations.

He must inform about this in the notice or in the draft contract. In this case, the winner of the purchase must deposit the security on the customer's account before signing the contract. Enforcement of a contract under 44-FZ when requesting quotes can be made both with personal funds and with a bank guarantee.

Failed request for quotations under 44-FZ

If one application is submitted for participation in the request for quotations under 44-FZ, then it is considered that the determination of the contractor did not take place and the contract is signed with the existing applicant.

If the commission rejects all the options, then the deadline for submitting quotation bids under 44-FZ may be extended by 4 business days, which must be reported in the notification within one business day. If, as a result, there is only one applicant whose proposal meets the conditions of the notification, then he is recognized as the winner. If, even after the extension of the acceptance period, there are no bids, the customer changes the schedule and purchases again.

Canceling a request for quotes

There are situations when you need to know how to cancel a request for quotations 44-FZ. Determination of the supplier can be canceled 2 days before the expiration of the period specified in the notice, and earlier. After making such a decision, the customer must change the schedule no later than one day later.

Information that the request for quotations will not take place is immediately published and communicated to everyone who submitted the application. From the moment of publication, the definition of the supplier is considered canceled.

Request for quotations in electronic form

The updated Law 44-FZ introduces the possibility of conducting a request for quotations in electronic form from July 1, 2018. BUT from 1 January 2019 years - customers will be required to make purchases under 44-FZ on electronic platforms.

Paragraph § 3.1 44-FZ establishes a complete list of requirements for the procedure for requesting quotations in electronic form. The main points are:

1. The notice of the procurement must be published at least 5 days before the deadline for the submission of bids.
2. Changes to the notification are possible no later than 2 days before the end of the application submission.
3. Extension of the deadline for filing applications so that from the date of posting changes to the deadline for filing applications, there are at least 5 days.

Sample application for a request for quotations

Below is one of the options for a quotation order. Let's consider what are the most common mistakes participants can make when filling out this form.

1. It is necessary to carefully fill in the name of the customer, since in addition to it, the Notified Body may also be indicated in the documentation.
2. Organizational legal form it is necessary to write in expanded form, for example, "Society with limited liability"and not" OOO ".
3. Be sure to enter the TIN of the founders and the head of the contractor organization.
4. The legal address of the company must match the statement.
5. The general director and the accountant must be registered separately, even if they are one and the same person.
6. In the absence of a site, you must provide information about it.
7. It is better to indicate the price in this format: 45,000 (forty five thousand) rubles. 00 kopecks
8. Field "Percentage of contract price reduction (specified at the discretion of the procurement participant)" it is still recommended to complete.
9. It is necessary to attach a declaration of conformity of the procurement participant to the uniform requirements as part of the application.
10. If there are no other documents in the application, then 0 should be indicated in the corresponding line.
11. When signing the application, in addition to the full name, it is also necessary to indicate the position.

OOO IWC"RusTender"

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The provisions of Part 2 of Art. 24 of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - FZ No. 44) defines an exhaustive list of competitive methods for determining a supplier (contractor, contractor), which can be used by customers in their procurement. Among the above methods of procurement, it is indicated request for quotes.

In this article, which is more focused on procurement participants who want to understand the issues of participation in the request for quotations and in the preparation of their first application, the main cases and features of the request for quotations will be explained in detail, as well as given step by step algorithm participation in this way procurement, starting from the search for purchases on a topic of interest to the conclusion of a contract.

In accordance with Part 1. Art. 72 FZ No. 44 under request for quotes means a method for determining a supplier (contractor, performer), in which information about goods, works or services purchased to meet state or municipal needs is communicated to an unlimited number of persons by placing a notice of a request for quotations in a unified information system (hereinafter - EIS), and the winner of the request quotes the procurement participant who has offered the lowest contract price is recognized.

Request for quotations is one of the simplest and most popular procurement methods for both customers and procurement participants, and there are a number of objective reasons for this.

Benefits of requesting a quote for a customer:

• short terms of the procurement (the entire procurement procedure, together with the publication of the notice, the formation of the protocol and the signing of the contract, can be carried out in 12-16 working days);
• one-piece;
• does not require the development of voluminous procurement documentation;
• no need to clarify the provisions of the notice;
• minimum time spent on consideration of applications (as opposed to tenders, electronic auction and request for proposals);
• formation of just one protocol based on the results of determining the supplier (contractor, performer).

Benefits of participation in the request for quotations for the procurement participant:

• in the application except detailed information the supplied goods do not need to be attached constituent documents, extract from tax office(Unified State Register of Legal Entities / EGRIP), a decision to approve or conclude a major transaction, etc .;
• it is not required to stitch, number the sheets of the application;
• you do not need to purchase an enhanced electronic signature from an accredited certification center to submit an application in writing;
• you do not need to provide security for the application;
• anti-dumping measures are not applied if the contract price is reduced by more than 25%.

Speaking about the advantages of this method of determining a supplier (contractor, performer), do not forget about it disadvantages. In the request for quotations, the main criterion for choosing the winner is lowest price offer(provided that the procurement participant's application meets the requirements of the notification), no other evaluation criteria are used. Obviously, this is a rather dangerous approach that can lead in practice to the emergence of serious problems at the customer at the stage of fulfillment of obligations under the contract on the part of the supplier (contractor, performer), since a low price is not always a guarantee of delivery of goods proper quality, performance of work and provision of services through the use of quality materials, etc.

Features of requesting quotes

At the same time, Federal Law No. 44 allows for a request for quotations in an amount not exceeding

10% of the customer's total annual purchases. The total cost of purchases made using this method should not exceed 100 million rubles.

• request for quotes on general rules is carried out if the initial (maximum) price of the contract (hereinafter - NMCK) for one procurement procedure does not exceed 500 thousand rubles. However, in Art. 75, 76 and 82 of the Federal Law No. 44 provide for cases in which the procurement by request for quotations can be carried out regardless of the contract price, but these are more specific cases, which we will not dwell on in detail in this article;
• the draft contract is an obligatory and integral part of the procurement;
• the winner is the procurement participant who offered the lowest contract price;
• request for quotations is the only form of procurement, which extends the deadline for submitting bids by 4 working days, if the request for quotations is declared invalid due to the fact that the quotation commission rejected all submitted bids;
• only the specification is drawn up ( specifications) purchased goods, work, services.

Procedure for requesting quotations

NMCK	Up to 250,000 rubles.	Up to RUB 500,000
Application deadlines	Not< 4 work.	Not< 7 work. days before the deadline for filing applications.
Application form	Written form in a sealed envelope, Electronic form.
Purchase object	Any product, work, service.
Number of lots	Only 1
Actions	Changes to the notice	No later than for 2 slaves days before the expiration date of the application deadline. If the amount< 250 000 руб., срок подачи заявок продлевается так, чтобы с даты размещения изменений до даты окончания приема заявок такой срок составлял не менее чем 4 раб. дня. If the amount is> 250,000 rubles, but< 500 000 руб., срок подачи заявок продлевается так, чтобы с даты размещения изменений до даты окончания приема заявок такой срок составлял не менее чем 7 раб. дней.
	Cancellation of purchase	No later than in 2 days before the deadline for filing applications (part 1 of article 36 of the Federal Law No. 44).
	Clarification of procurement results	An explanation of the results of consideration and evaluation of applications is provided by the customer within 2 working days. days from the date the request was received.
	Change, withdrawal of the application	The procurement participant has the right change or withdraw your application before the deadline for submission of applications only on condition that the customer was changes made in the purchase notice.
Contract term	Not earlier than through 7 days not later than through 20 days.

Step 1: search for purchases

The search for purchases, including those carried out by requesting quotations, is carried out on the official website of the Russian Federation on the Internet www.zakupki.gov.ru. For the initial search for purchases, it is recommended to use the advanced search functionality of the site, which provides the ability to search for purchases of the topic of interest to the procurement participant.

For the procurement participant's specialist to successfully search for procurements, it is necessary to fill in (at least) the following fields of the search form presented on www.zakupki.gov.ru:

- purchase name(for example, "split system", " household chemicals"," Provision of educational services "," current repairs ");

- choose a subject of the Russian Federation where the potential customer is located (for example, the Moscow region, the Rostov region), or, in terms of remoteness, the territory within which the participant is ready to fulfill the obligations to fulfill the concluded contract;

- indicate the stage of purchase"Submission of applications".

The work of the procurement participant on the website www.zakupki.gov.ru is carried out without going through the registration procedure. All information on ongoing purchases is publicly available and provided free of charge.

If there is a 19-digit quote request notification number, the search is carried out by entering the purchase number in the appropriate quick search field.

Step 2: submission and execution of the application

A procurement participant who is preparing an application for participation in a request for quotations for the first time should take into account that the submitted application must fully comply with the requirements established in h. 3 tbsp. 73 FZ No. 44, since otherwise there is a possibility of its rejection on the part of the customer and the procurement commission. It is recommended to carefully read the procurement notice, the terms and conditions set out in the draft contract, to familiarize yourself with the requirements for filing the application, specified not only in the notice, but also directly in the Federal Law No. 44. In the matter of preparing any application for participation in the procurement, each is important trifle.

Anyone can submit a request for quotations. interested party within the time frame specified in the notice.

Each procurement participant is entitled to submit only one quotation bid.

In accordance with Part 2 of Art. 77 ФЗ № 44, the application can be filed in writing in a sealed envelope or in the form of an electronic document... The form for submitting a quotation application is determined at the discretion of the procurement participant, but in fact, until the EIS begins to function, customers do not accept applications for a request for quotations in the form of an electronic document, which is most often made an appropriate note in the notice of the procurement. But despite this, some customers allow the submission of an application for a request for quotations in the form of an electronic document to an e-mail address, provided that it is signed enhanced unqualified electronic signature.

Content of the application

The application for participation in the request for quotations is drawn up by filling out the form attached by the customer to this purchase and posted on the website www.zakupki.gov.ru.

According to Part 3 of Art. 73 ФЗ № 44, the application for participation in the request for quotations must contain:

1) Name, location(for a legal entity), last name, first name, patronymic (if any), place of residence (for an individual), Bank details participant in the procurement.

2) Agreement the participant in the request for quotations to fulfill the terms of the contract specified in the notice, name and characteristics of the supplied goods in case of delivery of goods.

Note. Consent is provided in any form, as a rule, the customer in the standard application form prescribes the standard text "The procurement participant ___________ agrees to fulfill the terms of the contract specified in the notice."

The name and characteristics of the supplied goods in the case of delivery of the goods should be formulated as accurately as possible and should not be accompanied by listings (for example, "either red", "or blue", "or green"), intermediate values ​​("from" and "to", "From" and "to", for example, "cabinet height from 175 cm to 185 cm") and the words "or equivalent", unless the specific value for a particular characteristic is a range, since the customer is obligatory must know what kind of goods will be delivered to him based on the results of determining the supplier (contractor). The procurement participant, when preparing the application, must offer for delivery goods with such characteristics that do not go beyond the ranges established by the customer in the purchase notification.

3) Proposal for the price of the contract.

Note. Federal Law No. 44 does not provide for the need to indicate the price per unit of goods in the quotation application, but if the standard application form contains such a requirement, then it should be observed in order to avoid the risk of rejection of the procurement participant's application.

4) Documents, confirming right participant to get benefits in accordance with Art. 28 - 29 ФЗ № 44 (institutions and enterprises of the penal system, organizations of disabled people).

Note. In this case, the procurement participant - the organization of the penal system - must provide as part of the application in any form a requirement that he claims to receive benefits in accordance with Art. 28 FZ No. 44 (clause 2 Resolution of the Government of the Russian Federation of July 14, 2014 No. 649 "On the procedure for providing institutions and enterprises of the penal system with advantages in relation to the contract price they offer"). If an organization of persons with disabilities acts as a procurement participant, then on the basis of clause 4. Decree of the Government of the Russian Federation of April 15, 2014 No. 341 "On providing benefits to organizations of persons with disabilities when determining a supplier (contractor, performer) in relation to the contract price they offer" Such an organization of persons with disabilities, recognized as the winner, presents to the customer a demand, drawn up in an arbitrary form, for the provision of benefits after summing up the results of the procurement. Thus, in order to comply with the norm established in paragraph 3 of Part 3 of Art. 73 ФЗ № 44, the procurement participant must attach as part of the quotation application, for example, a copy of the charter, indicating that it belongs to this category of entities.

5) Taxpayer identification number(hereinafter - TIN) in the presence of:

TIN of founders;

TIN of members of the collegial executive body, person;

TIN of the acting sole executive body of the participant in the request for quotations.

Note. Indicated in writing, provide a certificate of registration with tax authority not necessary.

6) Declaration of affiliation of the participant in the request for quotations to small businesses(hereinafter - SMP) and socially oriented non-profit organizations(hereinafter - SONKO) in the event that the customer establishes the restrictions provided for by Part 3 of Art. 30 FZ No. 44.

Note. The declaration of belonging to the SMP / SONKO is provided in any form, most often the standard application form contains a similar formulation that must be filled out. For example, "Participant in the procurement of LLC" ________________ "hereby confirms that it refers to small businesses in accordance with the requirements established by the Federal Law of July 24, 2007 No. 209-FZ" On the development of small and medium-sized businesses in the Russian Federation. " Thus, LLC "__________________" has advantages in accordance with Art. 30 ФЗ № 44 ".

7) Documents confirming the conformity of the quotations of goods, work or services offered by the participant of the request to the admission conditions, bans on admission, admission restrictions in the event that such conditions, prohibitions, restrictions are established by the customer in the notice of the request for quotations in accordance with Art. 14 ФЗ № 44, or certified copies of these documents.

Note. Since in accordance with the provisions of Art. 14 Federal Law No. 44, when making purchases, both the supply of goods of Russian origin and foreign ones are allowed, therefore, if the national regime is applied to the procurement object, then the procurement participant as part of the quotation application in accordance with the provisions of the current legislation should attach a certificate of origin of goods of the ST-1 form or an examination certificate issued by the Chamber of Commerce and Industry of the Russian Federation.

The customer is not allowed to require the participant to provide other documents and information, with the exception of the above.

Paperwork

The procurement participant's application must be issued on a letterhead(if any), signed by the head of the organization of the procurement participant and sealed(if available). Documents attached to a quotation application can be drawn up as attachments to the application. If copies of documents are provided, they should be properly certified.

The completed application is packed in an envelope, sealed, the envelope should indicate: the number of the notice, the name and address of the customer, and it is desirable to indicate until what time the envelope with the application should not be opened. This is recommended to avoid opening the envelope earlier. the deadline, for example, the secretary of the customer's organization, who, as a rule, deals with issues of incoming and outgoing correspondence.

Note. It is not necessary to indicate the name of the procurement participant on the envelope with the quotation bid, since participation in the procurement procedure presupposes the inability to view the contents of the bid until the moment of opening. Therefore, it is recommended to observe confidentiality in this matter before the opening of the envelopes with applications by the commission for the procurement of envelopes.

Step 3: the procedure for accepting applications

A quotation application can be sent to the customer's address by post or delivered in person to the address indicated in the notification. It should be borne in mind that if the representative of the procurement participant personally delivers the quotation, then he must have available passport and power of attorney for the right to submit an application on behalf of the procurement participant.

Moreover, in accordance with Part 3 of Art. 77 ФЗ № 44, the application must be registered by the customer in the registration log of applications. Refusal to accept and register an envelope with such an application, which does not indicate information about the person who submitted it, and the requirement to provide this information from the customer is not allowed.

The legislator obliges the customer to ensure the safety of envelopes with submitted applications, their security, inviolability and confidentiality. In addition, the customer is obliged to ensure that applications are considered only after the envelopes with such applications are opened. Persons who store envelopes with quotation bids shall not be entitled to damage these envelopes until they are opened. For such a violation of the requirements, the guilty persons are liable under the law.

According to the general rules, applications for participation in the request for quotations, submitted after the deadline for submission of applications, specified in the notice, are not considered and are returned on the day of their receipt persons who have submitted such applications.

Acceptance of applications is terminated when the deadline for opening the envelopes with applications for participation in the request for quotations.

Step 4: change and withdraw the application

Modify and revoke quotation application the procurement participant is not entitled, unless the customer has made changes to the notice. Thus, if the procurement participant has such a need, one should be guided by the norms established in Part 1 of Art. 77 ФЗ № 44.

Note. If the procurement participant has a need to revoke the application, and the customer did not make changes to the procurement notice, then in this case, you can use the rule specified in Part 4 of Art. 78 of the Federal Law No. 44, according to which, in the event of establishing the fact that one participant in the request for quotations has submitted two or more applications for participation in the request for quotations, provided that such applications submitted earlier by this participant are not withdrawn, all applications to participate in the request for quotations submitted by this participant, are not considered and returned to him.

Step 5: making a purchasing decision and determining a winner

Opening all received envelopes with quotation bids, as well as consideration and evaluation of such applications is carried out in one day.

The Quotation Commission opens envelopes with applications for participation in the request for quotations at the time and place specified in the notice. The procurement participants who submitted bids or their representatives have the right to be present at the opening procedure. In their absence, the autopsy will be carried out as planned.

Immediately before opening envelopes with bids, the Quotation Commission is obliged to announce to the participants in the request for quotations who are present at the opening, about the additional possibility of filing applications. Such an action is aimed at providing an additional chance to participate in the request for quotes to those participants who did not have time to submit applications within the time frame established by the notification.

When opening envelopes with bids, the Quotation Commission announces the following information:

• information about the place, date, time of the envelope opening procedure;
• name (for a legal entity), last name, first name, patronymic (if any) (for an individual);
• the mailing address of each participant in the request for quotations who submitted the application;
• proposals for the price of the contract specified in the bids;
• other information required by the customer in accordance with the notice of the request for quotations.

When opening envelopes with applications the customer is obliged to make an audio recording of the opening of the envelopes. Any participant in the request for quotations who is present at the opening of the envelopes, also has the right to carry out audio and video recording of the opening of these envelopes.

The winner request for quotations in accordance with Part 6 of Art. 78 Federal Law No. 44, a participant in the request for quotations is recognized who submitted an application that meets all the requirements established in the notification, and in which it is indicated lowest price product, work or service.

If the lowest price of a product, work or service is offered by several participants, then the winner is the participant whose application for participation in the request for quotations was received. previously other bids offering the same price.

All grounds for rejection of quotation bids are defined in Part 7 of Art. 78 ФЗ № 44. The Procurement Commission does not consider and rejects applications if:

• applications do not meet the requirements, set in the notification;
• price offered in bids product, work or service exceeds NMCK, specified in the notice;
• the participant in the request for quotations did not provide documents and information, provided for by Part 3 of Art. 73 FZ No. 44.

Reject applications on other grounds not provided for by law, is prohibited.

Based on the results of consideration and evaluation of applications a protocol is drawn up. The formed protocol of consideration and evaluation of applications is signed by all members of the commission present at the meeting and on the day of its signing, it is placed in the EIS.

Thus, the procurement participant should monitor the results of the request for quotations on the Official website www.zakupki.gov.ru, i.e. follow the placement of the protocol to find out who won the procurement.

Note that according to Part 10 of Art. 78 ФЗ № 44, any participant in the request for quotations who submitted an application for participation, after posting the protocol of consideration and evaluation of applications on the website www.zakupki.gov.ru, has the right to send to the customer in writing or in the form of an electronic document request for clarification of the results consideration and evaluation of applications for participation in the request for quotations. In turn, the customer is obliged to provide the participant who submitted the request with the appropriate explanations in writing or in the form of an electronic document within 2 working days from the date of receipt of the specified request.

According to general rules, the protocol of consideration and evaluation of applications is drawn up in two copies, one of which remains with the customer, the other within 2 working days from the date of signing the protocol is given to the winner request for quotations with the attachment of the draft contract, which is drawn up by including in it the terms of the contract execution, provided for by the notice, and the price proposed by the winner in the quotation application.

Step 6: contracting

In accordance with Part 13 of Art. 78 ФЗ № 44 the contract based on the results of the request for quotations can be concluded not earlier than in 7 days from the date of placement in the EIS of the protocol of consideration and evaluation of applications and no later than 20 days from the date of signing the specified protocol.

It is important to understand that a contract in accordance with the provisions of Federal Law No. 44 must be concluded on the conditions stipulated by the notification, at the price proposed in the winner's application request for quotations or in the application for participation in the request for quotations of the participant of the request for quotations with whom the contract is concluded in case of evasion of such a winner from the conclusion of the contract.

If the purchase notice provided for the need to provide ensuring the execution of the contract, then it should be remembered that simultaneously with the signed contract, the procurement winner or the participant with whom the contract is concluded in the event of the winner's evasion, is obliged to provide to the customer a document confirming the security of obligations under the contract. As such a document, in accordance with Part 3 of Art. 96 ФЗ № 44 may act bank guarantee or payment order, confirming deposit Money to the customer's account in the established amount.

If, after the customer has sent the draft contract for signature to the winner of the procurement, the winner has not submitted a signed contract or a document confirming the security of obligations under the contract within the time specified in the notification, then such a winner is recognized evaded contract(part 11 of article 78 of the Federal Law No. 44).

If the winner of the request for quotations is recognized as having evaded the conclusion of the contract, the customer may, at his discretion go to court with a claim for damages, caused by evading a contract, and conclude a contract with a participant request for quotes, offering the same like the winner of the request for quotation, contract price, or in the absence of such a participant with a participant whose contract price offer contains best condition at the contract price following the request for quotations proposed by the winner, if the contract price does not exceed the NMCK specified in the notice of the request for quotations.

If a similar offer follows from the customer to the participants specified above, then conclusion of a contract for them is required. In case of evasion of these participants from the conclusion of the contract the customer has the right to go to court with a claim for damages, caused by evasion of the conclusion of the contract, and re-request for quotations.

At the same time, refusal to conclude a contract for the winner and the procurement participant, who was offered to conclude a contract in the event of the winner's evasion, is fraught with both participants inclusion in the register of unscrupulous information providers how about legal entity so and about individuals(about the founders, members of the collegial executive body), acting on the side of such a procurement participant.

Recognition of the request for quotations invalid

If, based on the results of the procurement, the request for quotations is declared invalid, then in accordance with Part 1 of Art. 79 FZ No. 44 customer enters into a contract with a single supplier (contractor, contractor) according to clause 25, part 1 of Art. 93 FZ No. 44.

The main cases of recognition of the request for quotations invalid include the following cases:

1) if at the end of the deadline for submission of applications for participation in the request for quotations, only one application, at the same time, such an application was recognized as complying with the requirements of Federal Law No. 44 and the requirements specified in the notification;

2) if, based on the results of consideration of applications for participation in the request for quotations only one application is considered compliant the requirements of Federal Law No. 44 and the requirements specified in the notification.

Thus, in the event that there is a single bid recognized by the procurement commission as meeting the requirements, the conclusion of a contract for both parties is mandatory, despite the status of the procurement “failed request for quotation”.

Also, the request for quotations is recognized as invalid if:

• quotation commission all submitted applications were rejected;
• no applications submitted for the procurement procedure.

If, based on the results of consideration of quotation bids by the commission, all submitted bids are rejected, then the customer extends the application deadline to participate in the request for quotations for 4 working days and within 1 business day after the expiration date of the period for filing such applications, places in the EIS notice of extension applications.

We hope that, having read this article, a novice participant in the procurement process of the supplier's company (contractor, performer) will be able to properly prepare his first quotation bid, which will meet all the requirements of the current legislation.

In addition, the Unified Center for Public Procurement Consulting recommends that potential procurement participants, for their part, always carefully read the provisions of Federal Law No. 44 in the current edition, which regulate the procedure for conducting and participating in a request for quotations, before preparing an application. Perhaps, any amendments were made to the law in this part, and knowledge of this will help to correctly prepare an application, thereby reducing the risks of its rejection by the procurement commission.

Svetlichnaya Lilia Alekseevna,

specialist of the Unified Center for Public Procurement Consulting (www.site)

YTC "Landmark"

05.08.2015

Do you still have questions about how to apply for a quote request? You can contact the specialists of the ECHS on this topic.

Request for quotations is a competitive way to select a supplier for public procurement, provided federal law 44-FZ. Simple and therefore popular. In this article, we will consider the features of its procedure, we will analyze step by step how to participate for the supplier, and how to make sure that the application is not rejected. The material will be useful to those who have never participated in this method of purchasing.

Request for quotations is the most suitable option for starting a tender activity. It is used for small purchases, up to 500 thousand rubles, its procedure is simple, understandable and clearly regulated: the supplier finds an interesting purchase on the EIS website, considers a notice with the terms of the contract and sends the customer a letter with his price offer. This view tenders are classified as "paper" - they are held not in electronic form on the ETP, but by filling out a paper application and physically transferring it to the customer. All received envelopes are opened in one day, and the winner is the one who offered the lowest price, without further bidding.

Why requesting quotes is more convenient than other supplier selection methods

It is easier to participate in a request for quotes than in larger trades for a number of reasons:

• No digital signature required.
• No participation fee - securing the application.
• Applications can be submitted until the commission starts to open the envelopes.
• Fewer paperwork needs to be prepared.
• There is no penalty for dumping even if the price is reduced by more than 25%.

The only disadvantage of requesting quotes for a supplier is that it is impossible to find out what was in other bids, even when they have already been opened. This leaves the customer with the opportunity to choose “his own” as the winner. To prevent this from happening, it is better to be personally present at the opening of the envelopes.

Customers prefer the request for quotations because it is fast: the entire procedure from the publication of the notice to the signing of the contract can be completed in about 3 working weeks. However, restrictions are imposed on the volume of purchases carried out in this way: for the year they should be no more than 10% of all purchases of the customer, for an amount not exceeding 100 million rubles.

Step 1. Looking for suitable tenders

Independent search for any public procurement carried out through a unified information system. Customers are obliged to publish all tenders in it: both “electronic” and “paper”.

To filter out interesting purchases, on the main page of the site, click on the magnifying glass at the end of the search bar, then select “advanced search”.

Fig. 1 Search line of the EIS in the field of procurement

Fig. 2 Selecting advanced search

We drive in the required parameters. For example, 44-FZ, procurement method, we indicate the region, our field of activity and select the “Submission of applications” stage.

fig. 3 Parameter selection

How can a supplier evaluate the effectiveness of participation in a request for quotations?

Obviously, it is advisable to participate in the purchase when the possible profit exceeds the estimated costs. How to predict and calculate this?

• Participation in any procurement conducted by a request for quotations is free of charge. However, the customer may require the provision of security for the performance of the contract. What condition should be searched for in the notification. To this amount we add the costs of preparing the application and consulting services, if necessary.
• The counterbalance to these costs will be the payment under the contract - the amount that you yourself indicate in the application. It should be borne in mind that in the request for quotes, the winner is the one who offered the lowest price. Therefore, the contract amount consists of the cost of goods (works / services) and the minimum net profit at which you are ready to take on the order.

Step 2. Examining the quotation documentation

It should include:

• Notification of the procurement procedure. It has identification code purchases, information about the customer, it is indicated whether the contract is required, where and when the summing up will take place, the requirements for the supplier and the list of documents that must be provided.
• Description of the procurement object.
• Justification of the initial maximum price (you cannot offer a price higher than this).
• Application form.
• Draft contract.

Step 3. Fill out and submit an application

In the request for quotations, as in other tenders, any inaccuracy in the application threatens to reject it. Therefore, you should carefully study the procurement notice, the draft contract and the requirements from part 3 of Article 73 44-FZ.

Interestingly, the law permits the filing of a request for quotations in electronic form. But this is provided only through the EIS system, in which such functionality is not yet available. Although some customers allow submission via e-mail, but only if the application is signed with an enhanced unqualified electronic signature.

The application form is contained in the purchase notice. You need to download it, fill it out, print it and pack it in an envelope. Let's go through the points that may raise questions:

• Product name and characteristics. Should be formulated as concretely as possible, without listing and range of values: no “table made of plastic or wood, or PVC 70-80 cm wide”. An exception is when the range is a specific value. For example, to indicate “gravel with a fraction of 20 cm” is an error. Elements of gravel cannot all be the same size, therefore the characteristic from GOST is indicated - “fraction of 20-30 cm”. In this case, the parameters of the goods in the application must remain within the ranges specified by the customer.
• Documents confirming the right to receive benefits. To do this, you must attach the requirement for the provision of benefits and a copy of the articles of association.
• Requisites with TIN of founders and directors. There is no need to attach certificates - you can just write the numbers.

The application is printed on letterhead, signed by the manager, and stamped. The rest of the documents provided for by the notification are drawn up in annexes.

Fig. 4 Sample of filling out a quotation order

The application sheets are packed in an envelope with the notice number, name and address of the customer indicated on it. It is not necessary to indicate the sender, this information must remain confidential until the winner is determined. It is also advisable to write the date of the opening procedure right on the envelope so that the customer's secretary in charge of correspondence does not accidentally open it earlier.

Step 3. We send the application to the customer

As already mentioned, at the moment a quote cannot be sent online - only by mail, courier or with an authorized representative. The latter must remember to take a passport and a power of attorney, make sure that the customer registers the application in the journal, and request a receipt indicating the date and time.

Considering that requests for quotations are accepted until the commission has started opening the envelopes, and immediately before that an additional opportunity is provided, it makes sense to come to the customer shortly before summing up the results and at the same time stay for the procedure.

How can I change or withdraw a request for quotations?

According to the law, it is possible to change or withdraw a quotation application only if the customer decides to change the terms of purchase. If nothing has changed, and you still have such a need, submit another application for the same request. The customer is obliged to return without consideration all applications submitted by the participant if more than one were received.

Step 4. Determination of the winner

Opening of envelopes with bids from all participants and selection of the winner of the procurement are carried out on the same day. The customer is obliged to make an audio recording of the procedure, and the commission must loudly and clearly voice:

• where, when and what time the autopsy takes place;
• name and address of the participant;
• the price he offered.

The winner is the participant who offered the lowest price if his application meets all the requirements. If there are several such participants, the winner is the one who submitted the application earlier.

Based on the results of the procedure, the customer draws up a protocol for the consideration and evaluation of applications and uploads it to the EIS. Accordingly, if you were not present at the opening of the envelopes, you can find out who won the tender after publication. If the results of the purchase raise questions, you can contact the customer for an explanation of the results - in writing or by e-mail.

Step 5. We conclude an agreement

If you have won the request for quotations, the customer will send you a draft contract, filled with the conditions from the notice and your proposed price, within 2 working days. You can sign it no earlier than 7 days later. However, if 20 days have passed since the date of signing the protocol, and the contract has not yet been signed, the participant is considered to have evaded. In this case, the tender is given to the supplier who took the second place. If this one has also evaded, the customer makes a request for quotations again.

What does “failed request for quotations” mean?

If in the EIS the tender has the status of “failed request for quotations”, this does not mean at all that the purchase has not been made. It is recognized as invalid in two cases:

• only one application meets the requirements;
• all applications were rejected.

In the first case, the customer enters into a contract with a single supplier. In the latter, the application deadline is extended for another 4 days, and the customer invites at least 3 potential suppliers to participate.

We hope that this article will help you cope with the quotation documentation and get a profitable government order. Search and analysis of tenders with us is faster and easier, join us.