Request for quotations in electronic form. Participation in the request for quotations The procedure for submitting quotation bids in electronic form

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 Government Decree No. 36 of January 23, 2015, 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, Law No. 44-FZ, the wording that relates 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 for a new price, signed by an 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. Judicial 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 email- two different documents. At the same time, 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. At the same time, complaints from suppliers about the limitation of the method of filing applications in paper form are also recognized as unfounded.

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, based on the determination of the Supreme Court, you will face serious costs and long litigation. 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, 44-FZ).
6. TIN of the founders of the supplier or individual.

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.

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 corresponds to established requirements 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 in a single information system notifications about the request for quotations and the winner of the request for quotations is the procurement participant who offered the lowest contract price.

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 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. Financial support of the application is not required;
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 most low price and compliance. 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 quote request

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 review the requirements for quotation bid 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. Company 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 company is not in litigation, has the status of a going concern, 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

Fill out all documents on the company's letterhead, print it out, certify it with the signature of the head of the company and stamp it with the company's seal.

Step 3. Submission of a quotation order

There are two ways to apply:

1. V 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 the 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 notification. 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 applications 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 the only supplier (contractor, performer) in accordance with paragraph 25, part 1 of 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.

• On 31.07.2018
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• 44-FZ, EIS, Purchases from sole supplier, Request for quotations, Request for proposals, Tender, NMCK, Procurement procedure, RNP, Articles, ETP

Since mid-2019, all procedures have been carried out on electronic trading platforms. In this regard, the old ways of purchasing will undergo changes. We recently wrote, and today we will talk about what a request for quotations in electronic form is.

Legal basis

Changes to 44-FZ, mentioned above, have been made Law of December 31, 2017 No. 504-FZ... He introduces, among other things, a new paragraph 3.1, which will deal with the request for quotations in electronic form.

This method of determining the supplier is still used only in the classical form, that is, it is carried out without the participation of the ETP. Let's see what will change when it is converted to electronic format.

Registration in ERUZ UIS

From January 1 2020 years to participate in trades under 44-ФЗ, 223-ФЗ and 615-ПП registration is required in the register of URUZ (Unified Register of Procurement Participants) on the UIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Conditions for the procedure

Request for quotations in electronic form will be carried out using the functionality provided by the electronic trading platform. The criterion for evaluating applications is price, that is, the participant who offered the lowest price wins.

For an electronic request for quotes, the same conditions apply as for the classic one:

• initial contract price - up to 500 thousand rubles;
• the annual volume of such purchases - within 10% and not more than 100 million rubles.

Stages

Placing a notice

The notice is published in the EIS no later than in 5 days prior to the electronic request for quotations. It must contain the following information:

• the address of the ETP that will conduct the request;
• customer information;
• purchase identification code;
• a summary of the terms of the contract;
• data on limitations and benefits;
• an indication of the method of conducting the supplier;
• the amount of security;
• information regarding the procurement object;
• information about the contract manager or responsible specialist of the customer;
• information on how you can terminate the contract unilaterally;
• a list of documents that must be submitted by the participant and the requirements that he must meet;
• draft contract (attached to the notice).

Submission of applications

Since the procedure is carried out on the ETP, the participant submitting the application must be accredited there. In addition, it must be registered in the EIS.

Registration in the EIS will become mandatory for all suppliers from 2019.

As part of the application, the participant submits:

• consent to the execution of the contract - the supply of goods, the performance of work, the provision of services;
• information about yourself, including contacts;
• confirmation of compliance with the customer's requirements (declaration), that the participant is a small business entity or has the right to receive any other advantage specified in the purchase.

The participant submits the formed application through Personal Area... The operator checks the application and if everything is in order - sends it to the customer. ETP can reject the application by several reasons:

• late submission;
• non-compliance with requirements;
• if one supplier has sent 2 applications;
• there is no price offer in the application or the price is equal to zero;
• the price in the application exceeds the NMCK;
• the supplier is included in the RNP.

According to the new rules, the fact of the presence of a participant in the RNP will be checked by the trading operator, and not by the customer.

ETP may reject a participant's application within 1 hour after serving... In this case, the operator is obliged to indicate the reason.

Consideration of applications

Within the next day after the deadline for accepting applications, the customer must consider them. As a result, he will either accept the application for participation, or not. There are few reasons for rejection:

• failure of the participant to provide the necessary data;
• provision of incomplete or inaccurate data.

It is prohibited to reject the application for other reasons.

Based on the results of the consideration, a protocol is drawn up, signed and sent to the trading operator.

Choosing a winner

In the next step, the operator ranks all orders accepted by the customer by price. To summarize the request for quotations in electronic form, the operator has only 1 hour from the moment when the protocol was received from the customer. During this time, you need to form a protocol and place it on the ETP and in the EIS.

The winner is the participant whose proposal contained lowest price... It is with him that the customer will conclude a contract.

The provisions of Part 2 of Art. 24 of Federal Law No. 44-FZ dated 05.04.2013 "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "(hereinafter - Federal Law No. 44), an exhaustive list of competitive methods for determining a supplier (contractor, performer) that can be used by customers in the procurement process has been determined. 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 a step-by-step algorithm for participation in this method of 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 addition to detailed information about the supplied goods, it is not necessary to attach to the application constituent documents, extract from tax office(Unified State Register of Legal Entities / EGRIP), the decision to approve or perform big deal and etc.;
• it is not required to stitch, number the sheets of the application;
• you do not need to purchase reinforced equipment from an accredited certification center electronic signature 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, which in practice can lead to serious problems for the customer at the stage of fulfillment of contractual obligations by the supplier (contractor, contractor), since a low price is not always a guarantee of the supply of goods of 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 by this method should not exceed 100 million rubles.

• a request for quotations according to general rules is carried out in the event that the initial (maximum) price of the contract (hereinafter referred to as the NMCK) according to 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 special 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

Step 1: search for purchases

The search for purchases, including those carried out by requesting quotations, is carried out on the official website 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 a successful procurement search, a procurement participant's specialist must 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", "rendering educational services", "Maintenance");

- 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 about 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.

Any interested person can submit an application for a request for quotations within the time limits set in the notification.

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 for requesting quotations in the form of an electronic document are not accepted by customers, about which a corresponding note is most often made in the notice of the procurement. But despite this, some customers allow submission of an application for a request for quotations in the form of an electronic document to an e-mail address, provided 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 lists (for example, "or 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 bid, but if the standard application form contains such a requirement, then it should be complied with in order to avoid the risk of rejection of the procurement participant's bid.

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 participant in the procurement, 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, executor) 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) An identification number taxpayer(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 referred to as 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). The documents attached to the 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 also desirable to indicate until what time the envelope with the application should not be opened. It is recommended to do this in order to avoid opening the envelope earlier than the deadline, for example, by the secretary of the customer's organization, who, as a rule, deals with the 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

The quotation application can be sent to the customer's address by mail 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 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 are 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 on 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 period 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 proposal contains the best condition for 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 invited 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 concludes 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 working 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 a 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. It is possible that some amendments have been made to the law in this part, and knowledge of this will help to properly 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.

At the end of 2017, significant changes were made to Law No. 44-FZ. The main innovation concerns the transition to supplier identification through competitive procurement in electronic form. Let's analyze the essence of the changes in 44-FZ from July 1, 2018 and the stages of transition to electronic procurement.

The main thing

If before July 1, 2018, electronic purchases are possible only in the form of an auction, then after that the following will be added to the auction:

• open competition
• limited competition
• two-stage competition
• request for quotations
• request for proposals
• closed electronic procedures ( closed competition, closed competition with limited participation, closed two-stage competition, closed auction)

From July 1, 2018, electronic procedures are still only the right of the customer. But already from January 1, 2019, the right to conduct electronic procedures will turn into an obligation.

The exception is only for purchases from a single supplier, purchases on the territory of a foreign state, certain quotation procedures and some purchases carried out by closed methods.

Electronic procedures (including the filing of applications for participation in the procurement) and the conclusion of the contract are carried out through the electronic platform.

Steps to transition to e-procurement

To participate in e-procurement, the participant will be required to pass accreditation for electronic platform and registration in the EIS. The transition to accreditation and registration will take place in stages:

1. In the period from 01.07.2018 to 01.01.2019, in order to take part in the procurement in electronic form, it is enough to obtain accreditation on the electronic platform, as well as to participate in the electronic auction.
2. From 01.01.2019, the accreditation of procurement participants on electronic platforms is carried out after the registration of such participants in the EIS. Information about procurement participants registered in the EIS is entered into the unified register of procurement participants. Procurement participants previously accredited on electronic platforms to participate in electronic procedures are required to register in the EIS from January 1 to December 31, 2019.
3. From 01.01.2019 to 31.12.2019 inclusive, the opportunity to participate in electronic procedures will be available only to those persons who are accredited before January 1, 2019 on the electronic platform, as well as whose information and documents are included in the register of participants electronic auction accredited on the electronic site. At the same time, registration in the EIS is not required.
4. After 31.12.2019, persons who have not been registered in the EIS will not be able to apply for participation in procurement.

Registration and accreditation of procurement participants is free.

Registration of the procurement participant in the EIS and accreditation of the procurement participant on the electronic site are carried out for a period of three years.

• the procurement participant will not be entitled to submit applications for participation in electronic procedures three or less months before the expiration date of its registration in the EIS.

The advantages of registering in the EIS are that you do not have to undergo accreditation at each site, register at all electronic sites and spend time interacting with each site separately. To pass accreditation at all electronic sites, it will be enough to register in the EIS.

Important changes in the conduct of the competition and the request for quotations

Now consider the most important changes in the order of the most frequently used procedures: electronic open tender and electronic request for quotations.

In accordance with the rules for carrying out these procedures, they are governed by separate articles: for open competition these are Articles 54.1-54.7, 55.1 of Law No. 44-FZ; for requesting quotations - Articles 82.1-82.6 of Law No. 44-FZ.

An electronic tender begins with the placement by the customer in the EIS of a notice and tender documentation at least fifteen working days before the deadline for submitting applications for participation in such a tender (for an open tender - the minimum period for submitting applications was 20 days).

Changes to the documentation are possible no later than five days before the deadline for filing applications. In this case, the deadline for submitting applications in this case must be extended so that there are at least 10 working days before the deadline for submitting applications.

The term for providing clarifications at the request of participants in an open tender in electronic form is 2 working days from the date of receipt of the request. It will be possible to submit a request for clarification no later than five days before the deadline for submitting applications for participation in an open tender in electronic form.

An application for participation in an open tender in electronic form will consist of two parts and a proposal of an electronic tender participant on the contract price. The application is submitted by the simultaneous sending of the three specified electronic documents:

1 - consent to the supply of goods (work, services) and a proposal for its characteristics;

2 - information about the procurement participant, copies of documents confirming the conformity of goods (works, services) and the participant's compliance with the requirements of the tender documentation, including qualification criteria;

3 - price offer.

Bidders will be able to submit final bids for the contract price. At the same time, each participant in an open tender in electronic form can submit only one final proposal for the contract price.

In detail, the new articles of the law regulate the content of the tender documentation, the terms for clarifying its provisions, detail the procedure for considering the first and second parts of the participants' applications, the procedure for summing up the results, the consequences of declaring an open tender in electronic form invalid.

Another popular procurement procedure is the request for quotations.

There are also differences between the electronic form of the procedure and the paper one.

For an electronic request for quotations, the same conditions apply as for a paper one:

• the initial (maximum) contract price does not exceed RUB 500 thousand,
• the annual volume of such purchases does not exceed 10% of the total annual volume of purchases of the customer;
• the annual volume of such purchases does not exceed 100 million rubles.

When conducting an electronic request for quotations, the customer is obliged to place a notice in the EIS at least 5 working days before the date of expiration of the application submission period (for a paper request for quotations - at least seven working days or at least four working days, depending on the initial maximum contract prices).

Only those persons who are registered in the EIS and accredited on the electronic platform will be able to apply for participation in the request for quotations in electronic form. The application is submitted electronically through the site operator.

Pay attention again! From 01.01.2019, registration in the EIS is mandatory for all suppliers.

The participant's quotation application must consist of:

• proposals for the proposed product, work, service;
• proposals for the price of the contract.

The orders are considered by the customer's quotation commission, which, after the registration of the protocol, sends it to the site operator. Please note that it is not the customer, but the site operator who draws up a protocol for the consideration and evaluation of applications, in which the applications are ranked and the winner is indicated.

Changes in the conduct of an electronic auction

The changes will also affect the procedure for conducting an electronic auction:

• to participate in the auction, you will need to register in the EIS and be accredited on the electronic platform;
• new requirements have been established for the composition of the first parts of applications: in the case of delivery of goods, performance of work, provision of services on the terms stipulated by the documentation, the participant is required only to consent to participate; when carrying out the purchase of goods or work, services, for the performance, the provision of which the goods are used,
• name of the country of origin of the goods (if the national regime is applied) and specific indicators of the goods;
• the minimum auction step is determined - 100 rubles;
• for auctions with a minimum (initial) contract price of less than 3 million rubles. the terms for consideration of the first parts of applications have been reduced from seven days to one working day from the date of the deadline for submission of applications;
• Article 70 of Law No. 44-FZ, which establishes the procedure for concluding a contract based on the results of an electronic auction, is invalidated from 01.07.2018.

Conclusion of a contract under 44-FZ after July 1, 2018

Amendments to Law No. 44-FZ provide for a unified procedure for concluding a contract based on the results of an electronic procedure.

For all electronic procedures, the rules for concluding a contract will be the same. They are defined in a separate paragraph of Law No. 44-FZ - § 4.1 (Article 83.2).

The following procedure has been established for concluding a contract based on the results of electronic procurement:

The customer signs the draft contract last. The contract is considered concluded from the moment it is placed in the EIS.

Once again, we draw your attention to the fact that the contract can be concluded no earlier than 10 days from the date of posting the final protocol, and in the case of determining the supplier by conducting an electronic request for quotations or an electronic request for proposals - no earlier than 7 days.

Benefits of switching to e-procurement

There are clear advantages to switching to e-procurement.

First, and most importantly, the transparency of the procedures will increase. The customer's chances of negotiating with the supplier he needs will be reduced, the possibility of damage to envelopes with applications and their illegal preview will be excluded.

Secondly, other subjective factors in the work of the Customer and members of his commission (including technical errors) are minimized.

Thirdly, e-procurement will have a positive impact on competition by increasing the opportunities for participation in the procurement of suppliers from other regions (the geography of participation will expand). For the customer, a larger number of participants will result in budget savings and an increase in the quality of purchased goods (works, services).

Fourth, the costs of participants for preparing the application and delivering it to the customer's address will be reduced. The number of people willing to take part in the procurement will potentially increase.

It will be possible to talk about the difficulties of the transition to electronic procurement, shortcomings in the application of these procedures after the entry into force of the changes and the start of the practical implementation of the innovations.

Fee for concluding a contract based on the results of the electronic procedure

From July 1, 2018, operators of electronic trading platforms have the right to charge fees from persons with whom a contract is concluded based on the results of the electronic procedure.

The maximum amount is set at 1% of the NMCC, but not more than 5,000 rubles. (in the case of a contract with the SMP or SONKO, no more than 2000 rubles).

An exception is made by the participants with whom the contract is concluded after the winner of the electronic procedure has evaded. Such persons are not charged.

The limiting amounts and rules for collecting such a fee are established by the decree of the government of the Russian Federation of 05/10/2018 No. 564.

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