How to submit a quotation application electronically. Instructions for preparing and submitting an application for participation in a request for quotations

In the article we 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:

Contests
Auctions
Request for Proposals
Quote requests

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

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 quote order

A request for quotation is a method of placing a government order, the winner of which is the participant who offered the lowest price, and whose application meets the established requirements of documentation and legislation.

44-FZ dated April 5, 2013, article 72 "Request for quotations"

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

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

Benefits for the customer:

Speed of the procurement procedure (12-16 business days from the date of publication);
There are no requirements for the development of a large technical assignment (procurement documentation);
There is no requirement to clarify the provisions of the notice;
Maximum one lot per procedure;
One protocol that defines the provider.

Benefits for the supplier:

Of the requirements, it is enough to attach documents with information about the product and the price offer. Constituent documents do not need to be attached;
No financial support for the application is required;
Submission of an application in electronic or paper form;

The main disadvantage of a quotation order

The criterion for selecting the winner is the lowest price and compliance with the requirements. This is an unjustified risk for the customer. The supplier is not subject to anti-dumping measures, so the price offer does not guarantee the quality of goods or services.

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:

Search through trading monitoring services (SBIS Trading)
Search on the Unified Information System in the field of procurement (zakupki.gov.ru)

Step 2. Preparation of a package of documents

Carefully study the requirements for a 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 an application form and uploads it along with the draft contract, specification for the Unified Information System in the field of procurement. Download the template and fill it out.

In the application to the request for quotations indicate:

Business name.
Location of the enterprise.
Surname, name, patronymic of the responsible employee for making contact.

Rice. 1. First part of the application

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

Rice. 2. Second part of the application

In the participant's declaration of eligibility, confirm that the enterprise is not in litigation, has the status of a going concern, is not in liquidation, is not in bankruptcy proceedings, etc. All requirements are specified in the declaration template.

3. Additional documents

Documents confirming the benefits of the participant can be attached to the application:

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

Draw up all documents on the letterhead of the enterprise, print it out, certify it with the signature of the head of the enterprise and stamp it with the seal of the enterprise.

Step 3. Submitting a quotation bid

There are two ways to apply:

In electronic form, by signing documents with an electronic signature;
On paper, in a sealed envelope.

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

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

Rice. 3. Form example

Send the quotation request by mail or deliver it personally to the address indicated in the notice. When submitting an application, we recommend that you take a receipt from the customer on receipt of the application, indicating the date and time.

How to withdraw or change a quotation order

A participant can change (withdraw) a quotation bid only if the customer made adjustments to the notice of a quotation request already after the bid was submitted by the participant.

Procedure for determining the winner in quotation bids

The quotation commission opens envelopes with bids at the time and place specified in the notice.

Procurement participants who submitted bids or their representatives may be present at the opening procedure. The absence of participants in quotation orders does not cancel the procedure for opening envelopes.

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

Reasons for rejecting an application

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

The contract is concluded with the customer not earlier than seven days from the date of placement of the protocol for consideration of applications and not later than twenty days from the date of signing the protocol.

If the request for quotations did not take place, then the customer concludes a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of part 1 of Art. 93 FZ No. 44.

Reasons for failed requests for quotes

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

If at the end of the deadline for submitting 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 found to comply with the requirements and requirements specified in the notice;
All applications that were submitted were rejected;
Applications were not submitted at all.

If, as a result of consideration, all applications are rejected, the customer extends the deadline for submission by four working days.

1. Submission of applications for participation in the request for quotations in electronic form is carried out only by persons registered in the unified information system and accredited on the electronic site.

2. The application for participation in the request for quotations in electronic form consists of the proposals of the participant in the request for quotations in electronic form on the proposed product, work, service, as well as on the price of the contract, the sum of prices for units of goods, work, services. Such an application is sent by the participant of the request for quotations in electronic form to the operator of the electronic platform.

3. A participant in a request for quotations in electronic form has the right to submit an application for participation in such a request at any time from the moment a notice of its holding is posted until the date and time specified in the notice of a request for quotations in electronic form, the deadline for filing applications for participation in such a request.

4. A participant in a request for quotations in electronic form has the right to submit only one application for participation in such a request.

5. Within one hour from the receipt of an application for participation in a request for quotations in electronic form, the operator of an electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the participant in such a request who submitted the specified application, its receipt, indicating the identification number assigned to it. .

6. Within one hour from the moment of receipt of the application for participation in the request for quotations in electronic form, the operator of the electronic site returns the specified application to the participant in the request for quotations in electronic form that submitted it in the following cases:

2) submission by one participant of the request for quotations in electronic form of two or more bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case, all applications for participation in such a request are returned to this participant;

3) receipt of the application after the date or time of the deadline for filing applications for participation in such a request;

4) receipt of an application from a participant in such a request in violation of the provisions of Part 9 of Article 24.2 of this Federal Law;

5) submission by the participant of such a request of an application that does not contain a proposal for the price of the contract, the sum of prices for units of goods, work, services or containing a proposal for the price of the contract, the sum of prices for units of goods, work, services that exceed the initial (maximum) price of the contract, the initial sum of prices units of goods, work, services or equal to zero;

(see text in previous edition)

6) the presence in the register of unscrupulous suppliers (contractors, executors) provided for by this Federal Law of information about the procurement participant, including information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity, subject to the establishment by the customer of the requirement provided for by Part 1.1 of Article 31 of this Federal Law.

7. The return of applications for participation in the request for quotations in electronic form by the operator of the electronic site on other grounds, except for the grounds specified in part 6 of this article, is not allowed.

8. Simultaneously with the return of an application for participation in a request for quotations in electronic form in accordance with Part 6 of this article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such a request who submitted this application of the grounds for its return, indicating the provisions of this Federal Law, which were violated.

9. An application for participation in the request for quotations in electronic form must contain the following documents and information:

1) the consent of the participant in the request for quotations in electronic form for the supply of goods, performance of work or provision of services on the terms provided for in the notice of the request for quotations in electronic form and not subject to change based on the results of the request for quotations in electronic form (such consent is given using software electronic platform hardware);

2) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:

a) documents provided for by regulatory legal acts adopted in accordance with Article 14 of this Federal Law, in the case of the purchase of goods that are subject to the said regulatory legal acts, or copies of such documents. If the specified regulatory legal acts provide for the provision of a declaration on the country of origin of the goods or on the country of origin and the manufacturer of the goods, such a declaration is provided using the software and hardware of the electronic platform. If the application for participation in the request for quotations in electronic form does not contain the documents provided for by this subparagraph, such an application is equated to an application that contains an offer for the supply of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons;

b) specific indicators of the goods corresponding to the values established by the notice of the request for quotations in electronic form, and an indication of the trademark (if any). The information provided for by this subparagraph shall be included in the application for participation in the request for quotations in electronic form if the notice of the request for quotations in electronic form does not indicate the trademark or if the procurement participant offers a product that is marked with a trademark other than the trademark specified in the notice of the request for quotations in electronic form;

3) name, company name (if any), location (for a legal entity), last name, first name, patronymic (if any), passport data, place of residence (for an individual), postal address of a participant in such a request, contact phone number, taxpayer identification number of a participant in such a request or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such a request (for a foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the participant in such request request;

To participate in an order placed through request for quotations, must be submitted quotation bid.

According to part 2 of article 46 of the Law of the Russian Federation, a quotation order is submitted by a participant in the placement of an order to a customer, an authorized body in writing or in the form of an electronic document.

Submission of a quotation bid by fax is not provided for by the Law.

Submission of quotation bids on paper.

The application can be submitted by mail or by courier.

The advantage of this approach is that an EDS is not required.
Minuses:
– If it is not possible to deliver the application personally or by courier, then when sending a letter by mail, the application may not reach the Customer within the specified deadlines for submitting applications, and will not be accepted for consideration.
- Large labor, time and financial costs compared to the electronic method.

Submission of applications in the form of an electronic document.

This type of application does not mean that the application can simply be sent by e-mail.
To submit a quotation, you must:
1. Availability of Electronic Digital Signature (EDS).
2. Availability of software that allows you to sign electronic documents with your EDS. For example, there are add-ons for MS Word that allow you to sign Microsoft Word documents.

The generated document can be sent to the Customer in several ways:
1. On electronic media (CD, flash card) by courier.
2. By email. But in this case, it is necessary to make sure whether the letter has reached the Customer and whether the application has been accepted (although by law the customer must send a notification of the receipt of the application, but the letter may be “lost” or not reach the customer).

The advantages of this method are obvious. This is an opportunity to apply in the shortest possible time, almost instantaneous workflow. Submitting an application becomes less labor intensive.

Of the minuses, it is worth noting the necessary presence of an EDS, as well as a higher risk of conflict situations related to the refusal to consider an application submitted in this way for some (not quite legal) reasons.

Just in case, I’ll clarify: this order is for the Krasnodar Territory. Although I am almost sure that it can be safely used in other regions.

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

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

A letter accompanying the quotation bid, signed with an EDS, in the form specified in clause 4.

EDS certificate file with which the quotation order is signed;

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

The file of the list of revoked certificates of the CA that issued this EDS, the validity of which expires no earlier than the deadline for submitting quotation bids, and the body of the letter must contain a link to the Internet site where the CA hosts such a file for general access.

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

Note: you can purchase the required EDS, which complies with all legal norms, at ITK LLC

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

4. Form of an e-mail accompanying the Quotation Order, signed with an EDS.

In accordance with paragraph 2 of article 46 of 94-FZ “Procedure for submitting quotation bids”, I am sending you a quotation bid in the form of an electronic document. This application is signed by our electronic digital signature (EDS).

The Quoted Order itself is an attached Microsoft Word file (*.doc(x)), OpenOffice (*.odt), Adobe Acrobat (*.pdf), Rich Text Format (*.rtf) or a JPG file containing a scanned image the original of our quotation.

Attached file — ххххххх.cer — EDS certificate with which the quotation order was signed.

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

The attached UCSMC.crl file is a list of revoked CA certificates. Link to the site on the Internet where the CA places such a file for public access (http://ca.ca.ca/sos.html).

According to clause 2 of article 46 of 94-FZ, “in the case of filing a quotation bid in the form of an electronic document, the customer, the authorized body must send confirmation of receipt of such bid in writing or in the form of an electronic document to the order placement participant who submitted such an application on the same day ". Please acknowledge receipt of our quotation.

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

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

How to submit a quote for the first time

In accordance with Part 2 of Art. 77 44-FZ, the participant has the right to choose how to submit quotes. 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 filing remotely, this option cannot actually 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 UIS no later than January 1, 2017. Then this deadline was postponed to 01/01/2018.

In addition to the resolution, let's pay attention to bill No. 623906-6, which proposes to remove from Art. 77, 78 of Law No. 44-FZ wording that relates to filing 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 in the amount of not more than 500,000 rubles. At the same time, the terms and place of publication of the notice and the draft contract, making changes to them will remain the same.

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 of a new price, signed by EDS.

How to apply by email

There is an acute question about the possibility of sending a request to the customer by e-mail, which is indicated in the notice. Judicial practice on this issue is ambiguous.

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

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

These conclusions are confirmed by the practice of the antimonopoly service, which indicates the inadmissibility of including provisions on electronic filing in the request for quotations.

Quotation applications in the EIS in electronic form

At the same time, suppliers' complaints about the limitation of the method of submitting paper applications are also recognized as unfounded.

To summarize the above, sending an offer by e-mail, you risk getting rejected. After that, if you decide to prove that you are right, based on the decision of the Supreme Court, you will face serious costs and long legal battles. 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 request for quotation

Announcing such a procedure, the customer places a notice in the EIS, which includes a form to be filled out by the supplier, as well as a list of other mandatory requirements:

Name and details of the participant.
Agreeing to comply with the conditions specified in the notice.
Names and characteristics of the supplied goods (if any).
Contract price.
Documentary confirmation of the participant's right to receive benefits (Articles 28, 29 of 44-FZ).
TIN of the founders of the supplier or individual.
Declaration on the NSR and SONKO (with restrictions for such entities).
Confirmation of compliance of goods with the conditions of admission or prohibitions.

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

If one application for a quotation is submitted or none is submitted, then the procurement procedure is recognized as failed (part 6 of article 77 of 44-FZ).

Submission of applications for special procedures

Every year, customers compile registers of suppliers who, in an emergency (for example, natural and man-made disasters), will be able to quickly and without prepayment (with deferred payment) supply vital products.

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

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

The government has given another year to the Treasury to enable public procurement participants to submit all applications electronically through a single information system. The decision on this comes into force on January 14.

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

Recall that, according to Law N 44-FZ, the UIS should provide the opportunity to submit applications in electronic form.

Request for quotations in electronic form: submission through the EIS

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

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

Source: Consultant Plus.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT CHANGE

IN THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

The Government of the Russian Federation decides:

In the second paragraph of paragraph 2 of the Decree of the Government of the Russian Federation of January 23, 2015 N 36 "On the procedure and terms for commissioning a unified information system in the field of procurement" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2015, N 5, art. 816; 2016, N 2, article 383), the figures "2017" shall be replaced by the figures "2018".

Prime Minister

Russian Federation

D. MEDVEDEV

To date, no official clarifications have been found on this issue, despite the fact that the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ) entered into force more than three months ago.

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

The transitional provisions of Law N 44-FZ for all cases of procurement establish only the procedure for posting information in the EIS that should be placed in this system (part 2 of article 112 of Law N 44-FZ). With regard to the procedure for filing applications, transitional provisions are provided only for open auctions in electronic form (electronic auctions) - they are held according to the old rules (part 10 of article 112 of Law N 44-FZ). Regulations, according to which, before the EIS is put into operation, electronic documents must be exchanged between procurement participants and customers in other cases, regulations do not establish.

In this situation, there are two possible interpretations of the law:

1) prior to the commissioning of the UIS, the determination of suppliers, contractors, performers (hereinafter referred to as the counterparty), applications for participation in which can be submitted electronically, with the exception of electronic auctions, is not carried out;

2) prior to the commissioning of the EIS, the definition of counterparties, applications for participation in which can be submitted electronically, are carried out according to the old rules, that is, applications are submitted by e-mail.

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

In other words, the law expressly allows the sending of documents with electronic signatures during the transitional period, while, we note, "for the purposes of Law N 44-FZ", and not only for the purposes of conducting electronic auctions.

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

How to apply for a request for quotation electronically

This provision of Law N 44-FZ does not contain such grounds for rejecting an application for participation in the definition of counterparties as “filing an application without using the EIS” or “filing an application by e-mail”.

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

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

Legal Support Service
site www.44-fz-fks.ru
April 2014

The provisions of Part 2 of Art. 24 of Federal Law No. 44-FZ of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law No. 44) defines an exhaustive list of competitive methods for determining a supplier (contractor, performer), that can be used by customers when making purchases. Among the above methods of procurement is indicated quote request.

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

In accordance with Part. 1. Art. 72 FZ No. 44 under request for quotations means a method of determining a supplier (contractor, performer), in which information on goods, works or services purchased to meet state or municipal needs is communicated to an unlimited number of persons by posting a notice of a request for quotations in a single information system (hereinafter referred to as the UIS), and the winner of the request quotes the procurement participant who 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.

Advantages in conducting a request for quotations for the customer:

short terms of procurement (the entire procurement procedure, together with the publication of a notice, the formation of a protocol and the signing of a contract, can be completed in 12-16 business days);
single lot;
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, an auction in electronic form and a request for proposals);
formation of only 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, the application does not need to include constituent documents, an extract from the tax office (EGRLE / EGRIP), a decision on approval or on a major transaction, etc.;
no need to staple, number application sheets;
no need to purchase an enhanced electronic signature from an accredited certification center to submit an application in writing;
no need to provide application security;
anti-dumping measures are not applied in case of contract price reduction by more than 25%.

Speaking about the advantages of this method of determining a supplier (contractor, performer), one should not forget about its shortcomings. In the request for quotations, the main criterion for selecting the winner is lowest price offer(subject to the compliance of the procurement participant's application with the requirements of the notice), 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 obligations under the contract by the supplier (contractor, performer), because a low price is not always a guarantee of the delivery of goods of good quality, performance of work and provision of services through the use of quality materials, etc.

Features of the request for quotations

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 the general rules is carried out if the initial (maximum) price of the contract (hereinafter referred to as the NMTsK) for one procurement procedure does not exceed 500 thousand rubles. However, in Art. 75, 76 and 82 of Federal Law No. 44 provide for cases in which procurement by requesting quotations can be carried out regardless of contract price, but these are more special cases, which we will not dwell on in this article;
the draft contract is a mandatory 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 that 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 (technical characteristics) of the purchased goods, works, services is compiled.

Procedure for requesting quotations

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

Step 1: search for purchases

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

To successfully search for procurement, a specialist of a procurement participant must fill in (at least) the following fields of the search form provided on www.zakupki.gov.ru:

- purchase name(for example, "split system", "household chemicals", "provision of educational services", "maintenance");

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

- indicate the stage of the purchase"Applying".

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 in the public domain and is provided free of charge.

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

Step 2: submitting and processing an application

The procurement participant, who for the first time prepares an application for participation in the request for quotations, should take into account that the submitted application must fully comply with the requirements established in Part 3 Art. 73 FZ No. 44, because otherwise there is a possibility of its rejection by the customer and the procurement commission. It is recommended that before filling out an application, carefully read the notice of purchase, the conditions set forth in the draft contract, familiarize yourself with the requirements for filling out an application specified not only in the notice, but also directly in the Federal Law No. 44. In the preparation of any application for participation in the purchase, each trifle.

An application for a request for quotations can be submitted by absolutely any interested person within the time limits specified in the notice.

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

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

Application content

An application for participation in the request for quotations is executed 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 of Federal Law No. 44, an application for participation in a 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 purchase participant.

2) Agreement 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 “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 the delivery of goods must be formulated as accurately as possible and must not be accompanied by enumerations (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”, except in cases where the specific value for a particular characteristic is a range, since the customer must must know what 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 notice of purchase.

3) Contract price offer.

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 bid form contains such a requirement, then it should be observed in order to avoid the risk of rejecting the bid of the procurement participant.

4) Documents, confirming right participant to receive benefits in accordance with Art. 28 - 29 of the Federal Law No. 44 (institutions and enterprises of the penitentiary system, organizations of the disabled).

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

5) Tax identification number(hereinafter - TIN) if available:

TIN of the founders;

TIN of members of the collegial executive body, persons;

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

Note. Indicated in writing, there is no need to provide a certificate of registration with the tax authority.

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

Note. The declaration of belonging to the SMP/SONCO is provided in any form, most often the standard application form contains a similar wording that must be filled out. For example, “Participant in the procurement of OOO ________________” 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 the advantages in accordance with Art. 30 FZ No. 44.

7) Documents, confirming the compliance of the quotations of goods, work or services offered by the participant in the request with the conditions of admission, entry bans, access 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 Federal Law No. 44, or certified copies of these documents.

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

It is not allowed to require the participant to provide other documents and information, except for the above, to the customer.

Paperwork

The bid of the bidder must be issued on letterhead(if any), signed by the head of the organization of the procurement participant and sealed(if any). Documents attached to a quotation bid may be drawn up as annexes to the bid. If copies of documents are provided, they should be duly 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, which, as a rule, deals with 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 implies the inability to view the content of the bid until it is opened. Therefore, it is recommended to maintain confidentiality in this matter until the opening by the commission for the procurement of envelopes with applications.

Step 3: application procedure

The quotation bid can be sent to the customer's address by post or delivered personally to the address specified in the notice. It should be taken into account the fact that if the representative of the procurement participant personally delivers the quotation bid, then he must have available passport and power of attorney for the right to submit an application on behalf of the procurement participant.

At the same time, in accordance with Part 3 of Art. 77 Federal Law No. 44, the application must be registered by the customer in the application log. Refusal to accept and register an envelope with such an application, which does not contain information about the person submitting it, and the requirement to provide this information on the part of the customer are 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 opening the envelopes with such applications. Persons storing envelopes with quotation bids are not entitled to damage these envelopes until they are opened. For such a violation of the requirements, the perpetrators are liable under the law.

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

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

Step 4: Change and withdrawal of the application

Change and revoke quotation bid 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 FZ No. 44.

Note. If the procurement participant has a need to withdraw the application, and the customer does not make changes to the procurement notice, then in this case you can use the norm specified in Part 4 of Art. 78 of the Federal Law No. 44, according to which, if it is established 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 have not been withdrawn, all applications to participate in the request for quotations submitted by this participant, not considered and returned to him.

Step 5: making a purchase decision and determining the winner

Opening all received envelopes with quotation bids, as well as consideration and evaluation of such applications are carried out on the same day.

The quotation commission opens envelopes with applications for participation in the request for quotations at the time and place specified in the notice. Procurement participants who submitted bids or their representatives may be present at the opening procedure. In case of their absence, the autopsy will be carried out in a planned manner.

Immediately prior to opening the envelopes with bids, the quotation commission is obliged to announce to the participants in the request for quotations present at the opening, for additional application opportunities. Such an action is aimed at providing an additional chance to participate in the request for quotations to those participants who did not have time to submit applications within the deadlines established by the notice.

When opening envelopes with bids, the quotation commission announces the following information:

information about the place, date, time of the envelope opening procedure;
name (for a legal entity), last name, first name, patronymic (if any) (for an individual);
the postal address of each participant in the request for quotations that 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 envelopes. Any participant in the request for quotations present at the opening of the envelopes shall also shall have the right to make audio and video recordings of the opening of these envelopes.

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

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

All grounds for rejecting quotation bids are defined in Part 7 of Art. 78 of the Federal Law No. 44. The procurement commission does not consider and reject applications if:

applications do not meet the requirements, specified in the notice;
bid price product, work or service exceeds NMTsK, specified in the notice;
the participant of the request for quotations did not provide documents and information, provided h. 3 Article. 73 FZ No. 44.

Reject applications for other reasons not provided for by law, prohibited.

Based on the results of consideration and evaluation of applications protocol is drawn up. The formed minutes of consideration and evaluation of applications are signed by all members of the commission present at the meeting and on the day of its signing 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 in order to find out who became the winner in the procurement.

Note that according to part 10 of Art. 78 of the Federal Law No. 44, any participant in the request for quotations who submitted an application for participation, after posting the protocol for the 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, a 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 relevant 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 the general rules, the protocol for the 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 transferred to the winner request for quotations with the draft contract attached, which is compiled by including in it the conditions for the execution of the contract, provided for by the notice, and the price offered by the winner in the quotation bid.

Step 6: conclusion of the contract

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

It is important to understand that the contract, in accordance with the provisions of Federal Law No. 44, must be concluded on the conditions stipulated by the notice, 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 such winner evades the conclusion of the contract.

If the notice of purchase provided for the need to provide ensuring the performance of the contract, then it should be remembered that simultaneously with the signed contract, the winner in the procurement or the participant with whom the contract is concluded in case of the winner's evasion, obliged to provide to the customer a document confirming the provision of obligations under the contract. As such a document, in accordance with Part 3 of Art. 96 of the Federal Law No. 44 can act bank guarantee or payment order, confirming the deposit of funds to the customer's account in the prescribed amount.

If, after the customer sends the draft contract to the winner for the procurement for signature, the winner does not submit a signed contract or a document confirming the provision of obligations under the contract within the period specified in the notice, then such a winner is recognized avoiding a 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 its discretion, apply to the court for damages, caused by the avoidance of a contract, and conclude a contract with a member quote request, offering the same like the winner of the request for quotations, contract price, or in the absence of such a participant with a participant whose contract price offer contains the best contract price condition following the request for quotation proposed by the winner, if the contract price does not exceed the NCMC specified in the notice of the request for quotations.

If a similar offer was made by the customer to the participants indicated above, then conclusion of a contract for them is mandatory. If these participants evade the conclusion of the contract the customer has the right to apply to the court with a claim for damages, caused by evading the conclusion of the contract, and re-conduct a request for quotations.

At the same time, the refusal to conclude a contract for the winner and the procurement participant, who was offered to conclude a contract in the event of the winner's evasion, is fraught for both participants inclusion in the register of unscrupulous information providers both about a legal entity 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 as 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, performer) in accordance with paragraph 25 of part 1 of Art. 93 FZ No. 44.

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

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

2) if, based on the results of consideration of applications for participation in the request for quotations only one application was found eligible the requirements of Federal Law No. 44 and the requirements specified in the notice.

Thus, if there is a single bid, recognized by the procurement commission as compliant, the conclusion of a contract for both parties is mandatory, despite the procurement status of "failed request for quotations".

Also, a request for quotations is considered invalid if:

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

If, based on the results of consideration of quotation bids, the commission rejected all submitted bids, 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 deadline for submission of such applications, places in the EIS deadline extension notice applications.

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

In addition, the Unified Advice Center for Public Procurement recommends that potential procurement participants, for their part, always carefully read the provisions of Federal Law No. 44 in the current edition, which govern the procedure for conducting and participating in a request for quotations, before preparing an application. It is possible that some changes were made to the law in this part, and knowing this will help to properly prepare the application, thereby reducing the risk of its rejection by the procurement commission.

Svetlichnaya Lilia Alekseevna,

Specialist of the Unified Consultation Center for Public Procurement (www.website)

UTC "Landmark"

08/05/2015

Do you have questions about how to apply for a request for quotations? You can on this topic to ECDP specialists.