Request for quotes. What is it, form of requests for quotation, deadlines, necessary documents, regulations for placing a request for quotation

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Request for quotations under 44-FZ- this is a method of conducting a government contract, the winner of which is the participant who offered the most low price and whose application complies with the established requirements of documentation and legislation.

From January 1, 2019, requests for quotes must be submitted electronically. However, the law provides for cases when the procedure can be carried out in paper form.

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

Request for quotations under 44-FZ procedure

Remembering 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. 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 makes purchases per year should not be one hundred million rubles.

Ensuring the execution of the contract in the request for quotation is 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 Federal Law-44, as many as 8 articles: from 72 to 79. It is in them that basically all the details are described.

If you need help in drawing up a quotation application or are not sure about filling it out correctly, you can use our application form 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 quotation procedure in 2017 is RUB 0.13 million. According to the Ministry of Finance, this figure is similar to the data for 2016.

The share of requests for quotations, among other types of tenders in 2017, is approximately 10% and this is a significant increase compared to the previous period. Biggest savings budget funds in 2017 was achieved based on the results of the request for quotations and amounts to 23% .

Notice of request for quotation

One of the first stages of procurement is the preparation and publication of a notice of request for quotation.

Deadline for posting a notice of request for quotation:

1) no less than 7 working days before the application deadline.

2) in the case of a purchase for an amount less than 250 thousand rubles, as well as in cases established by 44-FZ, no less than for 4 working days.

The document must necessarily contain the following information:

Information about the customer, contract and requirements for participants:
- name, location, mailing address, full contact details of the person responsible for the tender;
— a thesis statement of the terms of the contract, a description of the procurement object, information about the quantity and place of delivery of goods or the place of performance of work or provision of services, as well as the timing of the contract;
— purchase code;
— existing restrictions in the choice of suppliers and performers, established taking into account the requirements of 44-FZ;
— conditions (term, place, procedure) for submitting applications to participate in the request for quotations;
— justification of the contract price;
— information about the need to provide security for the performance of the contract indicating the amount;
— detailed list documents that the procurement participant must provide;
— requirements for the absence of information about the organization, its founders or sole executive body in the register of unscrupulous suppliers (contractors, performers) (at the request of the Customer).
Form for submitting an application to participate in the request for quotations 44-FZ, including for submitting an application to in electronic format.
Information about when and where envelopes will be opened and access to electronic applications will be made available.
Information about the person and organization responsible for concluding the contract based on the results of the request for quotations, as well as about the mechanism for concluding the contract in the event of the company that offered the lowest price evading the conclusion of the contract.
Information about the conditions under which unilateral refusal to perform a contract is possible.
Benefits provided to contractors in accordance with Art. 28-30 44-FZ, namely: providing benefits to institutions of the penal system, organizations of people with disabilities and small businesses, socially oriented non-profit organizations.
A draft contract must be attached to the notice.

Application for participation in the request for quotation

The participant has the right to submit an application at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications specified in the notice. If the customer has made changes to the notice, the procurement participant has the right to change or withdraw his application before the deadline submitting applications for participation.

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

Name, location (for legal entity), last name, first name, patronymic (if available), place of residence (for 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 contractor;

documents confirming the right to receive benefits;

TIN of the founders, the person performing the functions of the sole executive body (usually 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 the request for quotation.

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

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

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

In general, the procedure for requesting quotations under 44-FZ is simplified as much as possible and a sample protocol, as well as a sample of filling out an application, on this moment, not provided.

Stages of requesting quotation

To simplify the perception of the procedure for requesting quotes under 44-FZ, we will divide it into 10 stages.

Notice of purchase, if we're talking about about an amount up to 500 thousand rubles, is placed in public access 7 working days or more before the application deadline. If the purchase amount does not exceed a quarter of a million, the permissible publication period is reduced to 4 working days.
In both cases, along with the notice, the draft contract for the conclusion of which this tender is being held is published. By law, notice must remain free free access before the application deadline.
By posting a notice, the customer has the right to request quotes from no less than 3 persons or companies involved in providing the required goods or services.
Publication of a notice is not required when the procedure is carried out by organizations operating in the territory of foreign states. In this case, the customer simply requests the cost of goods from at least three potential contractors. The contract price in this case can also be anything.
Special rules also apply to requesting quotes under 44-FZ for the purchase of everything necessary for the provision of ambulance and ambulance services. specialized assistance in an emergency or emergency, or to maintain normal life support:
- a request for quotation 44-FZ can be carried out for the purchase of food and emergency medical supplies, 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 due to its non-fulfillment and the claim was satisfied;
. if the procurement control authority ordered the cancellation of the results of the competition or auction and decided to search for a contractor by requesting quotations; the basis for the decision in this case may be the customer’s application, 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 in unilaterally;
- in all these situations, the contract is concluded for the period necessary to conduct a competition or auction and, accordingly, for the quantity of goods necessary to ensure the livelihoods of people during this period.
All requests for quotation submitted within the deadline must be registered. You cannot refuse to register an application solely on the basis that there is no information on the envelope about the person who submitted it. It is also impossible to require this information by law.
The customer ensures the confidentiality of the submitted information until access to it is opened.
If one quotation application is submitted under 44 Federal Laws, the purchase may be recognized as failed.
Gaining access to applications occurs at the time and place specified in the notice. Everyone who applied for participation has the right to be present, the possibility of which must be taken care of by the customer. His responsibilities also include organizing audio recordings of opening access to information contained in applications.
The quotation commission may reject applications that do not meet the conditions stated in the notice. Such cases include the proposed price exceeding the maximum contract price.

Quote request protocol

The results of the request for quotations under Federal Law-44 can be revealed in the protocol. There is no model for it, but the content requirements are described in detail in paragraph 8, art. 78, 44-FZ. It must contain information about the customer, as well as about all applications submitted, 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 transferred to the winner with a draft contract attached.

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

The contractor selected based on the results must sign the contract within the period specified in the notice.

44 Federal Law determines the deadline for signing a contract upon request for quotation: it must be concluded no earlier than 7 days from the moment the protocol of consideration and evaluation of applications is posted and no later than 20 days from the date of signing the said protocol.

If the conclusion of the contract based on the results of the request for quotation 44-FZ did not take place on time, then the contractor is recognized as having evaded, and the customer receives 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 if special circumstances arise or there are court orders. In such cases, it is necessary to notify the partner of the impossibility of concluding a contract during the day, and in case of cancellation of acts or disappearance of circumstances, report this 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 a request for quotations.

He must report this in a notice or in a draft contract. In this case, the winner of the purchase must deposit security into the customer’s account before signing the contract. Ensuring the execution of a contract under 44-FZ when requesting quotes can be made as personal in cash, and a bank guarantee.

Failed request for quotations under 44-FZ

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

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

Cancel request for quotation

There are situations when you need to know how to cancel a request for quotation 44-FZ. The determination of the supplier can be canceled 2 days before the expiration of the period specified in the notice or earlier. After making such a decision, the customer must change the schedule no later than 24 hours later.

Information that the request for quotation will not take place is immediately published and communicated to each of the applicants. From the moment of publication, the determination of the supplier is considered cancelled.

Request for quotation in electronic form

The updated Law 44-FZ introduces the possibility, from July 1, 2018, of requesting quotes in electronic form. A from January 1, 2019 year - 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 can be highlighted:

The notice of procurement must be published no less than 5 days before the deadline for submitting applications.
Changes to the notice may be made no later than 2 days before the deadline for submitting applications.
Extending the deadline for submitting applications so that there is at least 5 days from the date of posting the changes to the closing date for submitting applications.

Sample application for quotation request

Below is one of the options for the quotation application. Let's consider which are the most common mistakes participants may be admitted upon completion of this form.

It is necessary to carefully fill in the names of the customer, because... in addition to it, the documentation may also indicate the Authorized Body.
The organizational legal form must be written in expanded form, for example “Society with limited liability", not "LLC".
Be sure to enter the TIN of the founders and the head of the contractor organization.
The legal address of the company must match the extract.
The general director and accountant must be registered separately, even if they are the same person.
If there is no website, you must provide information about it.
It is better to indicate the price in this format: 45,000 (forty-five thousand) rub. 00 kop.
Field "Percentage of contract price reduction (indicated at the discretion of the procurement participant)" It is still recommended to fill it out.
It is necessary to attach as part of the application a declaration of compliance of the procurement participant with the uniform requirements.
If there are no other documents included in the application, then 0 should be indicated in the corresponding line.
When signing the application, in addition to your full name, you must also indicate your position.

OOO ICC"RusTender"

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Request for quotations is a competitive method of selecting a supplier for government procurement, provided for by federal law 44-FZ. Simple and therefore popular. In this article, we will look at the features of its procedure, we will analyze step by step how the supplier can participate, and how to ensure that the application is not rejected. The material will be useful to those who have never participated in this method procurement.

Request for quotations is the most suitable option for starting tender activities. It is used for small purchases, up to 500 thousand rubles, its procedure is simple, clear and clearly regulated: the supplier finds an interesting purchase on the EIS website, reviews the notice with the terms of the contract and sends the customer a letter with his price offer. This type tenders are classified as “paper” tenders - they are not held electronically on the ETP, but by filling out a paper application and physically transferring it to the customer. All envelopes received are opened on the same day and the lowest bidder is chosen as the winner, without further bidding.

Why requesting quotes is more convenient than other methods of selecting a supplier

Participating in a request for quotation is easier than participating in larger tenders for a number of reasons:

No digital signature required.
There is no participation fee or application security.
Applications can be submitted until the commission begins to open envelopes.
Fewer documents need 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 you cannot find out what was in other bids, even after they have already been opened. This leaves the customer the opportunity to choose “their” winner. To prevent this from happening, it is better to be personally present when the envelopes are opened.

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

Step 1. Looking for suitable tenders

An independent search for any government procurement is carried out through a unified information system. Customers are required to publish all tenders in it: both “electronic” and “paper”.

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

Fig.1 Search bar UIS in the field of procurement

Fig.2 Selecting advanced search

Enter the required parameters. For example, 44-FZ, procurement method, indicate the region, your field of activity and select the “Submission of applications” stage.

Fig.3 Selecting parameters

How can a supplier evaluate the effectiveness of participating in a request for quotation?

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

Participation in any procurement carried out by requesting quotations is free of charge. However, the customer may require the provision of security for the performance of the contract. The presence of what condition should be looked for in the notice. To this amount we add the costs of preparing the application and consulting services, if necessary.
These costs will be counterbalanced by payment under the contract - the amount that you yourself indicate in the application. It is worth considering that in a request for quotations, the winner is the one who offers the lowest price. Therefore, the contract amount consists of the cost of goods (works/services) and the amount of the minimum net profit at which you are ready to take on the order.

Step 2. Study the quotation documentation

It should include:

Notification of the procurement procedure. It contains the procurement identification code, information about the customer, indicates whether contract security is required, where and when the summing up will take place, requirements for the supplier and a list of documents that he needs to provide.
Description of the procurement object.
Justification for the initial maximum price (you cannot offer a price higher than this).
Form for filling out an application.
Draft contract.

Step 3. Fill out and submit the application

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

Interestingly, the law allows you to submit an application for a request for quotation in electronic form. But this is provided only through the EIS system, which does not yet have such functionality. Although some customers allow delivery via email, but only if the application is signed with an enhanced non-qualified electronic signature.

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

Name and characteristics of the product. They should be formulated as specifically as possible, without listings and ranges of values: no “table made of plastic or wood, or PVC 70-80 cm wide.” The exception is when the range is a specific value. For example, indicating “gravel with a fraction of 20 cm” is a mistake. The gravel elements cannot all be the same size, so the characteristic from GOST is indicated - “fraction 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 a request for benefits and a copy of the charter.
Details with TIN of founders and directors. There is no need to attach evidence - you can just write the numbers.

The application is printed out on company letterhead, signed by the manager, and stamped. The remaining documents required by the notice are drawn up as appendices.

Fig. 4 Sample of filling out a quotation application

The application sheets are packed in an envelope; the notice number, name and address of the customer are indicated on it. There is no need 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 directly on the envelope so that the customer’s secretary in charge of correspondence does not accidentally open it earlier.

Step 3. Send the request to the customer

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

Considering that applications for quotation requests are accepted until the commission has started opening the envelopes, and immediately before that, additional opportunity, 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 my request for quotation?

By law, a quotation request can be changed or withdrawn only if the customer decides to change the terms of the purchase. If nothing has changed, but 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 was received.

Step 4. Determining the winner

The opening of envelopes with applications from all participants and the selection of the winner of the purchase are carried out on the same day. The customer is obliged to keep an audio recording of the procedure, and the commission loudly and clearly voices:

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 Unified Information System. Accordingly, if you were not present at the opening of the envelopes, you will be able to find out who won the tender after publication. If the procurement results raise questions, you can contact the customer for clarification of the results - in writing or by e-mail.

Step 5. Conclude an agreement

If you are successful in the request for quotation, the customer sends you a draft contract, filled in with the terms from the notice and your proposed price, within 2 business days. You can sign it no earlier than 7 days later. However, if 20 days have passed from 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 awarded to the second-place supplier. If this one also evades, the customer requests quotes again.

What does “failed request for quotation” mean?

If the status of a tender is set to “failed request for quotation” in the UIS, this does not mean that the purchase was not completed. It is recognized as failed 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 deadline for submitting applications is extended by another 4 days, and the customer invites at least 3 potential suppliers to participate.

We hope that this article will help you cope with quotation documentation and receive a profitable government order. Searching and analyzing tenders with us is faster and easier, join us.

Notice- this is a document by which the customer actually invites potential suppliers (contractors, performers) to take part in the procedure for selecting the best one to conclude a contract with him.

The notice of request for quotation must indicate:

information about the customer (specialized organization);

a summary of the terms of the contract;

terms and conditions of payment for the supply of goods (performance of work, provision of services);

initial (maximum) contract price (NMCP) and its justification;

application form for participation in the request for quotations and the procedure for its submission;

All restrictions established by law , to participate in determining the supplier;

benefits provided by the customer (see more details How to purchase from small businesses and non-profit organizations And How to purchase from institutions and enterprises of the penal system and organizations of disabled people );

information about the customer’s ability to make a decision on unilateral refusal to fulfill the contract in accordance with parts 8-26 of Article 95 of Law No. 44-FZ.

The list of information that the notice must contain is established by Part 1 of Article 73 of Law No. 44-FZ. When requesting quotes for energy services, the notice must additionally indicate the information given in parts 3 and 5 of Article 108 of Law No. 44-FZ.

Attention! The notice cannot establish requirements that may limit the number of procurement participants. For example, the notice cannot indicate the names of organizations - manufacturers of goods, places of origin, certain service marks etc. The notice may mention trademarks only in one case - if it is necessary to indicate the means of labor when performing work or services, but not as the subject of a contract. Such rules are established by paragraph 1 of part 1 of Article 33 of Law No. 44-FZ.

See sample form notices of request for quotation .

The customer can change notice no later than two days before the end (Part 6 of Article 74 of Law No. 44-FZ). However, in this case, procurement participants will be able to correct or withdraw their applications. They will have to do this before the deadline for submitting applications (Part 1, Article 77 of Law No. 44-FZ).

Can FAS Russia invalidate a purchase due to a spelling error (typo) in the notice of a request for quotation?

No, a spelling error (typo) in a notice of request for quotation is not a reason to invalidate the purchase.

Rationale: The requirements for notification of a request for quotation are given in Part 1 of Article 73 and Parts 3 and 5 of Article 108 of Law No. 44-FZ. There's only , which must be indicated in the notice, and not the requirements for it.

Based on the literal interpretation of Law No. 44-FZ, a spelling error (typo) is not a violation. This means that there are no grounds to invalidate the purchase.

But such an error or typo can lead to administrative liability of the customer under Part 4.1 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation. The fine will be 1 percent of the initial (maximum) contract price, but not less than 10,000 rubles. and no more than 50,000 rubles.

Rationale: An error or typo in the notice (for example, in the name of the procurement object) will make it difficult for participants to find information in the Unified Information System. In this case, the FAS Russia recognizes the error as a violation of the law on the grounds that it leads to a limitation in the number of participants (Part 5 of Article 24 of Law No. 44-FZ). This conclusion follows from the provisions of the letter of the FAS Russia dated September 4, 2009 No. AK/3415-PR and is confirmed by arbitration practice (see, for example, the determination of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. VAS-11085/10, decisions of the FAS Moscow District dated June 15, 2010 No. KA-A40/5663-10, dated June 3, 2010 No. KA-A40/5388-10).

At the same time, the Arbitration Court of the Moscow Region, in its decision dated December 8, 2009 No. A41-35302/09, noted that the FAS of Russia cannot always hold an organization accountable. To do this, it is necessary to prove that the error or typo was made intentionally in order to limit the number of participants (i.e., it is not a technical error).

Despite the fact that the above arbitration practice and clarifications of the FAS Russia relate to the period of validity Federal Law dated July 21, 2005 No. 94-FZ (hereinafter referred to as Law No. 94-FZ), they can still be used now. The conclusions drawn in them are also relevant under the current legislation.

When developing documents for a request for quotation, the responsible employee made technical errors (he did not correct “goods” to “services”, “works” or “supply of goods” to “provision of services, performance of works”). Can FAS Russia invalidate the purchase because of this?

There is such a risk, but the customer will be able to challenge the decision of the FAS Russia in court.

Technical errors (not spelling) in documentation and procurement notices are not uncommon. It happens that when developing documents, a responsible employee copies documentation from a previous purchase or creates document templates, to which he makes minor changes during a new purchase. And in such cases, situations arise when in some part of the documentation they do not notice and do not correct “goods” for “services”, “works” or “supply of goods” for “provision of services, performance of works” and other technical errors. During inspection, regulatory authorities may recognize them as a violation and the purchase as invalid. But the customer can challenge this in court.

Thus, the Seventh Arbitration Court of Appeal, in its decision dated July 10, 2014 No. 07AP-5337/2014, came to the conclusion that the decision of the OFAS Russia was not justified. The dispute arose due to the fact that the customer in the application form for participation, instead of the words “the ordering participant agrees to provide services in full,” erroneously indicated “the ordering participant agrees to supply the goods in full.” But such a technical error in the annex to the notice cannot be misleading and does not limit the number of possible participants in the quotation request. After all, the subject of purchase was indicated correctly in the notice.

Stage 3. Publication of the notice and submission of requests for quotations

The contract manager (contract service employee) must place in the Unified information system(hereinafter - UIS):

notice of request for quotation;

information about the customer's needs;

draft contract for the supply of goods (performance of work, provision of services) (Part 2 of Article 73 of Law No. 44-FZ).

But there is no need to post procurement documentation. The law does not provide for this. This means that participants in the request for quotation cannot send requests for clarification.

This is stated in Part 1 of Article 74 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated December 7, 2015 No. OG-D28-15203.

Deadline for posting- no later than seven working days before . The notice can be published four working days before the expiration of the specified period. But this is possible if:

the purchase amount does not exceed 250,000 rubles;

purchase food, medicines, fuel necessary to provide emergency medical care or for the normal life support of citizens.

The notice must be freely available throughout the entire period for submitting applications to participate in the request for quotations.

This procedure is provided for by parts 1 and 2 of Article 74 of Law No. 44-FZ.

If, due to technical failures in the UIS, it is impossible to publish procurement information, this must be done immediately as soon as the system is operational again. In this case, any difficulties encountered should be reported to the technical support service.

The customer (authorized body) may also publish a notice in any media, including electronic ones. Law No. 44-FZ does not contain a ban on this.

Simultaneously with the publication of the notice, the customer (authorized body) may send requests for quotations. In this case, at least three persons who can sell the required item of purchase are included in the mailing list (Part 3 of Article 74 of Law No. 44-FZ).

However, there are situations when the customer cannot do without sending a request. This applies to situations where a request for quotation is organized:

or to ensure the customer’s activities on the territory of a foreign state;

or to provide emergency medical care in an emergency or urgent manner;

or for the normal life support of citizens (Part 4 of Article 74 of Law No. 44-FZ).

Stage 4. Acceptance of applications

Please keep the following in mind when accepting applications.

1. Deadline. Application deadline (Part 1, Article 77 of Law No. 44-FZ). And even if this , participant, whose , will no longer be able to reapply. This was stated in the letter of the Ministry of Economic Development of Russia dated June 25, 2015 No. D28i-1916 (communicated by the letter of the Federal Antimonopoly Service of Russia dated July 29, 2015 No. ATs/38364/15).

Acceptance of applications ceases at the moment when:

opening of envelopes with participants' applications begins and

access to applications submitted electronically is being opened (Part 7, Article 74 of Law No. 44-FZ).

Applications received after that are not considered and are returned to the senders on the same day with notification of this (Part 5, Article 77 of Law No. 44-FZ).

2. Form. Participants can apply to participate in the request for quotation:

or in writing. In this case, the envelope with the application must be sealed;

or in electronic form through the EIS. In this case, access to the electronic document must be closed until the deadline for opening the envelopes specified in the notice (Part 2 of Article 77 of Law No. 44-FZ), and the application must contain a strengthened electronic signature (Part 1, Article 5 of Law No. 44-FZ).

3. Quantity. Any applicant for a contract may submit only one application to participate in the request for quotations.

But it may happen that:

one participant will submit two or more applications. In this case, they are considered and returned to the sender on the same day with notification of this (Part 4 of Article 78 of Law No. 44-FZ);

No applications will be submitted until the envelopes are opened. In this case, the request for proposals is considered invalid.

4. Confirmation. So, the customer must:

upon request of the participant, issue receipt, in which indicate the date and time of receipt of the application;

send confirmation to the participant (in writing or electronically) of receipt of the application in the form electronic document on the day of her admission.

This procedure is established by Part 3 of Article 77 of Law No. 44-FZ.

Stage 5. Opening envelopes with applications (opening access)

At this stage, members of the commission for requesting quotation:

open envelopes with applications and

provide access to applications received in electronic form.

When opening envelopes you must announce:

information about the place, date, time of opening of envelopes;

name (last name, first name, patronymic), postal address of each participant whose envelope is opened, his proposal for the contract price.

In this case, the following requirements must be met:

1. The procedure for opening envelopes (opening access to electronic applications) must be carried out in accordance with place and then time which are indicated in the notice.

2. Participants must be given the opportunity be present personally or through their representatives when opening envelopes with applications (or when opening access to electronic applications).

3. During the procedure of opening envelopes and opening access, the customer is obliged to ensure audio recording. Participants can also make audio and video recordings of the opening of envelopes.

This is stated in parts 1, 2, 5 of Article 78 of Law No. 44-FZ.

Stage 6. Review and evaluation of applications

All applications received must be reviewed and evaluated (Part 1 of Article 78 of Law No. 44-FZ).

During the meeting, the commission reviews and discusses each application separately. The results of consideration of applications must be reflected in .

Applications must contain information about the participant (name of the organization or full name of the citizen, location, bank details, etc.), as well as:

contract price proposal;

agreement to fulfill the terms of the contract, which are specified in the notice of the request for quotation;

name and characteristics of the supplied goods;

documents that confirm the right to receive benefits when participating in the procurement;

INN of the founder (if available);

declaration of affiliation of the participant to SMP or SONKO if the procurement is carried out only among such participants;

documents (certified copies) that confirm that the offered product, work or service complies with the conditions of admission, prohibitions on admission, restrictions on admission - if such requirements are established.

Such a list is specified in Part 3 of Article 73 of Law No. 44-FZ. If the participant applies for concluding an energy service contract, he must additionally indicate the information given in Part 6 of Article 108 of Law No. 44-FZ.

But there is no need to indicate that the participant is not an offshore company. This will be confirmed by the very fact of submitting an application for participation (Part 3.1 of Article 73 of Law No. 44-FZ). After all, offshore companies participate in procurement forbidden.

Commission rejects application in the following cases.

1. The application does not meet the requirements specified in (incl. uniform requirements or some requirements terms of reference ).

If the application does not contain data on whether the participant meets the uniform requirements, then the commission can check them with any in an accessible way. For example, it can use publicly available databases of authorities, registers and other official sources of information (letters of the Ministry of Economic Development of Russia dated December 12, 2014 No. D28i-2703, dated December 10, 2014 No. D28i-2788).

Example of consideration of a quotation application

The procurement object relates to licensed types of activities. Participants must be properly licensed.

The customer must reject the application if the required license is not available. But at the same time, he cannot establish in the notice a requirement for participants to submit a copy of the license, since it is not included in the application (Part 3 of Article 73 of Law No. 44-FZ). An application cannot be rejected because such a copy is not available.

But the customer can check the presence or absence of a license in other ways. For example, he can send requests to licensing authorities, study registers of licenses on the official websites of licensing authorities.

Advice: If, in the end, after verification, the application was rejected due to non-compliance with specific criteria, then it is advisable to justify this - in case the participant files a complaint with the FAS Russia. That is, you need to be prepared to explain why it is important to have exactly these properties of a product.

2. The proposed price of goods (works, services) exceeds the maximum price specified in the notice of the request for quotation.

3. The participant did not provide:

documents for obtaining advantages during procurement,

information about the price of goods (work, services) and

agreement to fulfill the terms of the contract.

Quotation bids cannot be rejected for other reasons.

Should a request for quotation be rejected if the participant made an arithmetic error in the final amount? The prices offered for items of goods (works, services) are lower than those of other participants.

No no need.

Law No. 44-FZ contains . Quotation bids cannot be rejected on other grounds (Part 7, Article 78 of Law No. 44-FZ).

In the situation under consideration, the price offered by the participant in the quotation application does not exceed the price in the request for quotation. Therefore, if it meets all the other requirements contained in the notice of request for quotation, then there are no grounds for its rejection.

Attention!If the customer unreasonably rejects an application that contains Best offer, then the procurement result is declared invalid.

Also, the rejected participant will be able to go to court to recover lost profits.

Thus, the Arbitration Court of the Lipetsk Region satisfied a similar claim of the participant and recovered from the customer the amount of profit not received by the participant (decision dated May 27, 2015 in case No. A36-6879/2014).

This procedure is given in Part 7 of Article 78 of Law No. 44-FZ and explained in paragraph 5 of the letter of the Ministry of Economic Development of Russia dated August 19, 2014 No. D28i-1616.

The winner A procurement participant whose application:

meets all the requirements established in the notice of request for quotation;

contains the lowest price of goods (works, services).

Special rules are established for the following cases.

Situation 1. Several participants offered the same (lowest) price. In this case, the winner is the one whose quotation application was received earlier (Part 6, Article 78 of Law No. 44-FZ).

Situation 2. Only one application has been submitted that meets all requirements. In this case, the request for quotation is considered invalid, and the customer enters into a contract with the participant who submitted this application as the only supplier (Part 1, Article 79, Clause 25, Part 1, Article 93 of Law No. 44-FZ).

Situation 3. The quotation commission recognized only one application as meeting all the requirements. In this case, the request for quotation is also considered invalid, and the customer enters into a contract with the participant who submitted this application as the only supplier (Part 1, Article 79, Clause 25, Part 1, Article 93 of Law No. 44-FZ).

Situation 4. The quotation commission rejected all applications. In this case it is necessary to extend for four working days. To do this you need:

within one business day after the initial filing deadline, place a notice of extension of the deadline in the Unified Information System;

issue a request for bids to three (or more) participants who can perform the contract.

If after this no participant submits an application, the procurement must be carried out again. But if there is one application that meets all the requirements, then you need to conclude a contract with its author.

This is stated in parts 2, 3, 4 of Article 79 of Law No. 44-FZ.

Protocol

IN protocol you must provide information:

about the customer;

on the essential terms of the contract;

about all participants who submitted applications to participate in the request for quotations;

about the lowest offered price of goods (works, services);

about the participant who offered the same price as the winner, or about the participant who offered better conditions than the winner.

Such a list is provided by Part 8 of Article 78 of Law No. 44-FZ.

The protocol is drawn up in two copies and signed by all members of the commission. One copy remains with the customer, the second must be transferred to the winner within two days (Part 8, Article 78 of Law No. 44-FZ).

Stage 7. Publication of the protocol of consideration and evaluation of applications. Explanation of results

Signed must be placed in the EIS. This must be done on the day of signing.

Participants may then request clarification of the results of the request for quotations. A response to this request must be given within two business days from the date of its receipt. This rule is contained in Part 10 of Article 78 of Law No. 44-FZ.

Attention!If the customer draws up a protocol in violation of the established requirements or does not place it in the Unified Information System on time, then there is a risk of administrative liability.

Thus, part 2.1 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the requirements for the content of the protocol drawn up during the selection of a supplier (contractor, performer). The contract manager (contract service employees) may be fined in the amount of 10,000 rubles.

The Ministry of Economic Development of Russia reminds customers of this in its letter dated February 18, 2015 No. OG-D28-2117.

Stage 8. Conclusion of the contract

Based on the results of the request for quotes, the customer enters into a contract with the winner. This must be done no earlier than seven and no later than 20 days from the date of signing (Part 13 of Article 78 of Law No. 44-FZ). The duration of the period is determined in calendar days.

Rationale: Law No. 44-FZ in part 13 of Article 78 does not specify in which days (working or calendar) the established period must be calculated. However, this is evidenced by the following.

1. In a number of cases, Law No. 44-FZ clearly states that to determine the period, working days must be taken into account (part 6 of article 44, part 3 of article 45, part 4 of article 49, part 21 of article 68 of the Law No. 44-FZ). That is, if the deadline is not specifically set in working days, then it must be calculated in calendar days. Therefore, when determining the date no earlier than which the customer must conclude a contract, weekends must be taken into account.

2. The general provisions of the Civil Code of the Russian Federation on the procedure for determining the period indicate: “The course of the period, specific period time, begins the next day after the calendar date or the occurrence of the event that determines its beginning” (Article 191 of the Civil Code of the Russian Federation). If the last day of the period falls on a non-working (weekend) day, the end of the period is considered the next working day (Article 193 of the Civil Code of the Russian Federation).

In a situation where Law No. 44-FZ does not indicate the procedure for determining the period, the provisions of the Civil Code of the Russian Federation must be applied (Article 2 of Law No. 44-FZ). That is, when determining the date no earlier than which the customer must conclude a contract, weekends must be taken into account. This conclusion is confirmed by arbitration practice - see, for example, decisions of the FAS Moscow District dated August 31, 2010 No. KG-A40/9259-10, FAS West Siberian District dated December 6, 2007 No. F04-8394/2007(40728- A45-31). Despite the fact that the above regulations refer to the period of validity of Law No. 94-FZ, this practice can still be used now. The conclusions drawn in it do not contradict current legislation.

The winner, along with the signed contract, must hand over to the customer:

certified translation into Russian of documents about state registration(for foreign organizations).

If the winner does not submit these documents within the period specified in the notification, then he must be recognized evaders from concluding a contract.

In this case, the customer enters into a contract with the participant who proposed:

or the same price as the winner;

or best price after the winner (if it does not exceed the NMCC and no one else offered the same price as the winner).

If such a participant refuses to conclude a contract, then he will also be recognized as having evaded concluding a contract.

This is stated in parts 11, 12 of Article 78 of Law No. 44-FZ.

Request for quotation- a type of procurement in which the main factor for winning a tender is price, that is, the potential supplier who offers to perform work, services or supply goods at the lowest price wins. Information about the request for quotation is posted on the official website. website and is available to an unlimited number of people.

Conducting a purchase by requesting quotes has several limitations:

The purchase amount should not exceed 500 thousand rubles.

When placing a request for quotes for goods, services or work of the same name, the total amount should not exceed 500 thousand rubles for 1 quarter.

If the request for quotation was canceled or the contract was terminated in accordance with the established procedure, the customer has the right to place a request for quotation for the purchase of food, fuel, medicine, etc. necessary for the life support of citizens, regardless of the contract price. Such an application is submitted no later than 10 days from the date of receipt of the order to cancel the request for quotation, or termination of the contract, is concluded for the period necessary for the next request for quotation, and in a volume not exceeding that necessary for the normal provision of citizens during this period.

Participation in the request for quotations is free of charge and no fees are charged for it.

Conducting procurement by requesting quotations can be divided into the following stages:

1. Preparation of a quotation includes:

Definition of the subject of purchase

Preparing the application form

Preparation of a draft agreement

In the procurement method of requesting quotations, the following shall be indicated:

Full name of the customer, contact information (actual address, e-mail, telephone)

Source of funding for this request for quotation

Name of goods, services or works, their volume, as well as quality and specifications and other characteristics.

Place of delivery of goods, work, provision of services

Delivery time

Information about whether the application amount is included or not additional work, for example, delivery of goods, insurance, etc.

The start and end date of applications must be indicated, as well as the place of submission.

Terms of payment for services, work, and goods supplied.

Contract signing period

The customer can also indicate additional conditions, such as the absence of a potential supplier in the register of unscrupulous suppliers

Also, the request for quotation must contain a quotation application form.

2. Placing an announcement about procurement by requesting quotes.

The announcement of the purchase by requesting quotation must be posted on the official website no later than 7 days before the deadline for submitting applications, if the purchase amount does not exceed 250,000 rubles - 4 days before. A draft contract must be attached to the procurement announcement. Duplicate a similar ad in printed publications not necessary.

The announcement of a request for quotation must be freely available for the entire duration of the event without charging a fee.

If the announcement of a request for quotation indicates any trademarks of foreign manufacturers, an analogue of Russian origin must be indicated, or “or equivalent” must be written, except in cases of incompatibility or the need for interaction of such goods with those already available to the customer. An announcement about a request for quotations cannot contain indications of the requirements for goods, manufacturers of such goods, places of production, etc., if this may entail limiting the number of participants in this request quotes.

3. Placing an order by bidders

A participant can submit only one application, which cannot be subsequently changed.

Participants in placing an order can submit applications in written or electronic form, which are registered by the customer. The customer is obliged to send confirmation of receipt of the application to the participant on the same day after receiving the application. A participant in placing an order has the right to request a receipt from the customer regarding receipt of the application, indicating the date of its receipt and time.

The purchase application by request for quotation must contain:

The full name of the participant, as well as his actual address (for a legal entity), full name and place of residence (for an individual), as well as full bank details.

INN of the placement participant

The name of the supplied product, as well as its characteristics.

Agreement to fulfill all conditions proposed in the contract.

Price of a service, work, product, indicating all included (not included) costs (transportation, insurance, etc.)

Small businesses must confirm compliance with the requirements of Art. 4 of Federal Law No. 209FZ (size of authorized capital, number of employees for the previous year, income for the previous year).

After the deadline for submitting applications, applications will not be accepted for consideration.

In the event that only one application is submitted for a request for quotation, the customer extends the submission deadline by 4 days and places an announcement about this on the official website. website. When re-posting an advertisement, the customer is obliged to send at least 3 potential participants a request for quotation; if after this there is only one application for a request for quotation, the customer enters into a contract with him (if the application meets the requirements of the quotation application and does not exceed it in amount)

If no application has been submitted for a request for quotation, the customer has the right to announce a repeated request for quotation, and the customer also has the right to change the terms of the contract.

4. Quotation commission

The quotation commission reviews applications within a day after the deadline for submission.

Quoted bids may be rejected if:

If the price of the quotation request is higher than that specified in the request for quotation

If the application does not meet the requirements described in the request for quotation announcement.

The application cannot be rejected for any other reasons.

The winner is the participant who indicated the lowest price and meets the requirements specified in the advertisement request for quotations. If there are several such participants, the winner is the participant who submitted the application at an earlier time.

After determining the winner, the quotation commission draws up a protocol for the consideration and evaluation of applications, which contains:

Complete information about the request for quotation customer

Basic terms of the contract

Information of all participants in the request who submitted applications

Rejected applications with reasons

Lowest price offered

Winner of the request for quotation, as well as information about him

Information about the participant who offered the price or conditions following the winner.

The protocol is signed by all members of the quotation commission, as well as by the customer, and is posted on the resource on the same day.

5. Conclusion of a contract with the winner

The customer transfers the protocol and contract to the winner within 2 days. The contract can be signed no earlier than 7 days after the publication of the protocol of consideration of applications by the quotation commission, and no later than 20 days.

Federal Law No. 44-FZ dated 05.04.2013 "On (in the field of procurement of works, goods, services in order to meet municipal and state needs, - hereinafter - Federal Law No. 44 FZ) establishes the following types of competitive methods for identifying suppliers (contractors, performers):

Closed procurement

A request for quotations under 44-FZ allows for the procurement of any work, goods or services. At the same time, the Law contains restrictions that prohibit the use of the method in question in a number of cases and impose on the customer the obligation to carry out activities in a closed way. These include:

Procurement of works, goods or services related to state secrets;

Project information under the contract or documentation on the subject of procurement with information that is

Cleaning - at the expense of federal budget funds;

Drivers Vehicle- when their activities are aimed at ensuring the performance of bailiffs or judges;

Aimed at insuring, protecting and transporting state-owned precious metals and stones, artistic, historical, museum and cultural values at the time of transfer from the customer to other persons (and in the opposite situations, when the customer receives from other persons) for temporary disposal.

Limited Participation Competition

Cases where the “request for quotations” option under 44-FZ is not possible also include the customer’s obligation to carry out procurement using a tender with limited quantity participants. Such situations include the following:

Having a technically complex nature. This type is typical for industries working with the use of high-tech specialized knowledge associated with the introduction of innovations. In other words, the executors of these types of procurement are persons who have certain special knowledge in the field of the subject of procurement. The list of these works, goods or services is provided by the relevant regulatory documents Government of the Russian Federation.

Aimed at preserving domestic heritage sites (historical and cultural), exhibits included in the Museum Fund Russian Federation, activities for the restoration and preservation of documentation included in the Archive Fund of the Russian Federation and a number of other valuable documents.

Services and works, a necessary condition during which the performers have access to databases, security systems and internal storage of archives, libraries and museums.

In other cases, it allows for the procurement of goods, works and services using the “request for quotation” method. This does not contradict the current legislation of the Russian Federation in general and the relevant regulations in particular. In other cases, when it is impossible to select a contract executor, the following is permitted:

Within the framework of Article 48, holding an open competition;

Electronic auctions (Article 59).

Federal Law 44 in some cases, in accordance with Article 83, allows the selection of a supplier of goods, works, services by identifying proposals or purchasing from one single supplier (Article 93).

Advantages

A distinctive feature of a request for quotation compared to other methods of identifying a supplier is its simplicity and convenient implementation. From the point of view of customers, it is considered the easiest in terms of the procedure for selecting a contract executor. Therefore, in most cases, provided that the circumstances of the future purchase satisfy the existing restrictions, this method is chosen. The distinctive advantages of this type of supplier determination over others are:

Efficiency versus execution electronic auctions or open competition.

A relatively small amount of minimum documentation required for procurement.

Clear regulations for the implementation, understandable to both the customer and the contractor. In the absence of special requirements, the likelihood of making mistakes in the process of selecting a supplier is significantly reduced, which further minimizes the likelihood of receiving complaints about the procurement procedure from supervisory authorities.

Significant reduction in risk of occurrence negative consequences not through the fault of the customer (for example, malfunction electronic platform for technical reasons).

Using, along with the main criterion used when considering applications, a number of other, additional criteria.

Flaws

The main disadvantages of the process of purchasing goods (works, services) using the “request for quotation” method include the following points:

Increased attention from regulatory authorities to the process of selecting a contract executor. First of all, the rationale for choosing in favor of this option and the process of forming the maximum contract value on the part of the customer are checked.

This method is more labor-intensive than others. The customer is subject to the following additional responsibilities: acceptance and registration of all received applications, storage of all accepted documentation, providing all participants with equal access to the results of reviewed applications and other functions provided for by law.

Relatively high level the risk inherent in the “request for quotation” method is associated with the lack of legal mandatory condition on the provision of security for applications by their owners. In this situation, the likelihood of concluding a contract with an unscrupulous supplier increases significantly.

When conducting a purchase using the option under consideration, it is impossible to divide its totality into individual components (lots).

Main stages of the procurement procedure

The totality of determining the final executor of a contract using the “request for quotation” method can be divided into six main stages, at each of which only its inherent activities are carried out within a limited time frame with the preparation of relevant documents. Each stage is described in detail below.

First stage

At this stage, the general initial task of preparing for the procurement using the method in question is realized. At the first stage, the following activities should be implemented:

Development and approval of regulations on the composition of the commission and its powers. This is carried out on the basis of Federal Law No. 44-FZ and internal documents organizations.

The creation, based on the position, of the commission itself, consisting of members of the organization and having the appropriate education. The tasks of this structure include reviewing all received quotes.

Planning and direct organization of the procurement procedure in the considered way.

When carrying out activities characteristic of the first stage, the following documents are drawn up:

Order of the organization on the creation of a single commission, within the framework of which a provision is adopted that establishes the procedure for carrying out all procurements and defines the powers of each member of the commission;

A direct order to carry out a purchase by the customer using the “request for quotation” method.

The legislation allows for the preparation of all necessary documentation. certain time. The following restriction applies: full set documents must be ready by the customer no later than ten days (calendar) before the date on which the deadline for accepting applications is scheduled.

Second phase

At this stage, the direct preparation of documents necessary for the request for quotation takes place. The following activities are being implemented:

Preparation and approval of a package of documents necessary for carrying out the planned activity;

Development and approval of the contract under which the purchase will be made.

To implement these activities, the following documents are prepared:

1) is created technical task future procurement with mandatory justification of the contract value;

2) appropriate types of applications for participation in the procurement are developed (sample request for quotation);

3) the type of final contract under the terms of which the purchase will take place is approved;

4) specialized documentation is being developed, which will subsequently be published - a notice of a request for quotation.

Documentation must be prepared and approved no later than seven (in some cases four) calendar days before the date on which the deadline for accepting applications is scheduled.

Third stage

At this stage, information about the request for quotation is published in a special information system. The following activities are carried out:

1. Registration for the head of the organization (or other authorized official) electronic signature to participate in the procurement process at a special information resource.

2. Registration of the organization in a unified information system, obtaining access and special keys.

3. A notice of a request for quotation is published on the information resource.

4. Sending information to procurement participants on the part of the customer on the previously developed structure. The established quotation request form is used here.

At the third stage Required documents must be prepared and approved no later than seven (in some cases four) calendar days before the date on which the deadline for accepting applications is scheduled. Notice of request for quotation must be given to each party. This must be done on the same day when the announcement of the competition appears in the unified information system. Any party registered in the information structure that has necessary qualities to complete the corresponding order.

Fourth stage

At this stage, all applications from participants are received and stored (on condition of anonymity) until the winner is determined. This stage includes a number of activities. In particular:

Applications for quotation requests are accepted with mandatory confirmation;

All information received is recorded in a special journal.

In the process of ongoing activities, special documentation is created that records all the information provided. In this case, confirmation from the customer’s representatives of receipt of information is required (in writing in the form of receipts, through specialized communication using an electronic signature). Applications are accepted from the moment of publication of information about the request for quotation until the regulated day and time, which is its end.

Fifth stage

At this stage, as a result of the following events, the winner is determined:

Opening of all registered envelopes.

Individual assessment of each proposal.

The choice itself advantageous offer and determining the winner.

Publication in accordance with the results of the considered applications on the information website of a special final document about the winner. As a result, a protocol for requesting quotes is drawn up. The winner is determined no later than 1 business day from the date of termination of receiving information from those interested. A request for quotation provided that information from more than one party is submitted is considered valid.

Sixth stage

At the final stage, a contract is concluded with the winner determined as a result of the “request for quotation” method. The deadline for signing the contract is within seven to twenty days from the date of publication of the result of consideration of the received information in the unified information system. At this time, the final version of the contract is created and approved, indicating the price and details of the winner, and the contract is transferred to the contractor for approval and signing. After all procedures have been completed, if there are no disagreements between the parties, the contract is signed and considered valid.