Participation in the request for quotations. How to apply for a request for quotation electronically Submit an application for a request for quotation electronic document

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

The main thing

If until July 1, 2018, electronic procurement is possible only in the form of an auction, then after the auction will be added:

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

From July 1, 2018, conducting electronic procedures is still only the right of the customer. But already from January 1, 2019, the right to conduct electronic procedures will turn into a duty.

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

Carrying out electronic procedures (including filing applications for participation in the procurement) and concluding a contract are carried out through an electronic platform.

Stages of transition to e-procurement

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

In the period from 07/01/2018 to 01/01/2019, in order to participate in the procurement in electronic form, it is enough to obtain accreditation on the electronic site as well as to participate in an electronic auction.
From 01/01/2019, accreditation of procurement participants on electronic platforms is carried out after registration of such participants in the EIS. Information about procurement participants registered in the EIS is entered into the unified register of procurement participants. Procurement participants previously accredited on electronic platforms to participate in electronic procedures are required to register with the EIS from January 1 to December 31, 2019.
From 01/01/2019 to 12/31/2019 inclusive, only those persons who were accredited on the electronic site before January 1, 2019, and whose information and documents are included in the register of participants in the electronic auction accredited on the electronic site will be able to participate in electronic procedures. In this case, registration in the EIS is not required.
After December 31, 2019, persons who have not been registered in the EIS will not be able to apply for participation in procurement.

Registration and accreditation of procurement participants is free.

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

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

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

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

Now let's look at the most important changes in the procedure for conducting the most frequently used procedures: electronic open tender and electronic request for quotations.

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

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

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

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

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

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

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

3 - price offer.

Bidders will be able to submit final proposals for the price of the contract. At the same time, each participant of the open tender in electronic form can submit only one final offer on the price of the contract.

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

Another popular procurement procedure is the request for quotations.

Here, too, there are differences between the electronic form of the procedure and the paper one.

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

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

When conducting an electronic request for quotations, the customer is obliged to place a notice in the EIS at least 5 business days before the deadline for filing applications (for a paper request for quotations - at least seven business days or at least four business days, depending on the initial maximum contract price).

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

Pay attention again! From 01/01/2019, registration in the EIS is mandatory for all suppliers.

The participant's quotation bid must consist of:

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

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

Changes in the electronic auction

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

to participate in the auction, you will need to register with the EIS and accreditation on the electronic site;
new requirements were established for the composition of the first parts of applications: in the case of the supply of goods, performance of work, provision of services on the terms stipulated by the documentation, the participant is only required to agree to participate; when purchasing goods or work, services, for the performance, provision of which the goods are used,
name of the country of origin of the goods (in case of application of the national regime) and concrete indicators goods;
the minimum step of the auction is determined - 100 rubles;
for auctions with a minimum (initial) contract price of less than 3 million rubles. the terms for consideration of the first parts of applications have been reduced from seven days to one working day from the date of the deadline for filing applications;
Article 70 of Law No. 44-FZ, which establishes the procedure for concluding a contract based on the results of an electronic auction, is recognized as invalid from July 1, 2018.

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

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

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

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

The customer signs the draft contract last. The contract is considered concluded from the moment of placement in the EIS.

Once again, we draw your attention to the fact that the contract can be concluded no earlier than 10 days from the date of placement of the final protocol, and if the supplier is determined by means of an electronic request for quotations or an electronic request for proposals, no earlier than 7 days.

Benefits of moving to e-procurement

There are clear benefits to moving to e-procurement.

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

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

Thirdly, the conduct of e-procurement will positive influence to competition by increasing the opportunities for participation in the procurement of suppliers from other regions (the geography of participation will expand). For the customer, the result of a larger number of participants will be savings in budgetary funds and improving the quality of purchased goods (works, services).

Fourthly, the costs of the participants for the preparation of the application and its delivery to the address of the customer will be reduced. Potentially, the number of people wishing to take part in the procurement will increase.

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

Fee for concluding a contract following the results of an electronic procedure

From July 1, 2018, operators of electronic trading floors has the right to charge a fee from persons with whom a contract is concluded as a result of the electronic procedure.

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

The exception is the participants with whom the contract is concluded after the winner of the electronic procedure evaded. No fee will be charged from such persons.

The limits and rules for collecting such fees are established by Decree of the Government of the Russian Federation of May 10, 2018 No. 564.

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From July 1, 2019, customers conduct procurement procedures at the ETP only in electronic form.

The requirements for the electronic procedure for requesting quotations are the same as for the paper ones: the price of the contract should not exceed 500 thousand rubles, and the annual volume of purchases made through the request for quotations should be less than 10% of the total annual purchases of the customer and not exceed 100 million rub.

Notification of the request for quotations in electronic form

The customer places a notice of a request for quotations in electronic form according to 44-FZ at least 5 working days before the deadline for submitting applications for participation.

It must be available free of charge for review during the entire application period.

Simultaneously with the placement of a notice of a request for quotations in the EIS, the customer has the right to send a request for quotations to at least 3 persons.

For example, this is convenient if the customer knows suppliers operating in this industry and providing the required goods (works or services).

In the event that the customer wants to make changes to the notice, he can do this if there are at least 2 days left until the end of the application deadline.

Application for request for quotations in electronic form

To submit an application, the participant must be registered with the EIS and, accordingly, accredited to the ETP where the procurement takes place.

Deadline for accepting requests for quotations in electronic form - from the moment of placement of the notice and until the date and time specified in it of the deadline for submitting applications for participation.

Each participant of the request for quotations can submit only one application for participation. At the same time, if the customer makes changes to the notice, the participant has the right to change or even withdraw his application within the time limits regulated by law, i.e. before the end of the application period.

Within 1 hour from the receipt of an application for participation in an electronic request for quotations, the ETP operator assigns an identification number to it and sends a notification to the supplier confirming that the application has been accepted.

If errors were made, the operator returns the application to the sender.

Cases in which the application will be returned to the participant:

submission of a quotation in violation of the requirements;

submission by one participant of 2 or more applications;

filing after the filing deadline date or time;

receipt of an application from a participant in violation of the provisions of Part 9 of Art. 24.2 44-FZ;

a quotation that does not contain an offer for a contract price or an offer for a price that exceeds the NMTsK or is equal to zero;

the participant is in the register of unscrupulous suppliers under 44-FZ.

Participation in the request for quotations in electronic form: terms and stages

Within one hour, after the deadline for submission, the operator of the electronic site sends to the customer all the submitted applications and documents provided for in Part 11 of Art. 24.1 44-FZ.

The next day, the quotation commission begins to consider applications. This process takes 1 business day. As a result, appropriate and inappropriate quotes are determined, and the results are recorded in the protocol for considering applications.

Then, not later than the deadline for considering applications, the customer sends the minutes of the request for quotations in electronic form to the ETP operator. The operator, in turn, assigns a serial number to all admitted bids - as the price of the contract offered in them increases, i.e. from largest to smallest.

Failed request for quotations in electronic form 44-FZ

An electronic request for quotation is considered invalid in the same cases as a request for quotations in printed form: if all applications of participants are rejected or only 1 application is allowed.

If such a procedure is declared invalid on the grounds provided for in part 14 of article 82.3, part 9 of article 82.4 of FZ-44, then the customer extends the deadline for filing applications by 4 working days,

Conclusion of a contract based on the results of an electronic request for quotations

The contract may not be concluded until than 7 days and no later than 20 days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications.

Within 5 days from the date of placement of the protocols, the customer places in the EIS and on the electronic site a draft contract, which indicates the price proposed by the winner.

Then, within 5 days after the customer places the draft contract in the EIS, the winner signs it with an enhanced qualified signature, and also provides security for the performance of the contract (if it is provided for in the tender documentation).

If the winner has comments on the draft contract, then he places the protocol of disagreements and within 3 working days the customer reviews it and adds a revised draft contract without his signature, or re-posts the original draft, indicating the reasons for refusal.

Important: The protocol of disagreements can be posted on the electronic site for each procedure no more than 1 time!

Within 3 days the winner must sign the draft contract. After that, the customer is also given 3 working days to sign on his part and place it in the EIS.

Also, the winner must provide, along with the signed contract, a security for its execution. Usually, a bank guarantee is used for this, the requirements for which the customer prescribes in the tender documentation. If the security is not provided to the customer, then the winner will be considered the evader!

To calculate the guarantee, you can use our online calculator, find out the cost and send an application in just 2 minutes.

★ Guarantee calculation to secure the contract

[bank guarantee calculator]

By selecting in advance the bank in which you will receive a bank guarantee, you will save your time and money when you participate in the purchase.

From the moment the signed draft contract is placed in the EIS by the winner and the customer, the contract is considered concluded.

Evasion of the winner from signing the contract based on the results of the electronic request for quotations

If the winner does not provide the customer with a signed contract, as well as an extract from the Unified State Register of Legal Entities (or a copy certified by a notary), within the period specified in the notice, then such a winner is recognized as having evaded the conclusion of the contract.

The customer can send a request to include this winner in the Register of Unscrupulous Suppliers, and conclude a contract with the participant of the electronic request for quotations, whose application was assigned the serial number following the winner.

Note: the participant in the request for quotations in electronic form, who took second place, has the right to refuse to conclude a contract with the customer.

When making a purchase in printed format, he was obliged to conclude a contract if the winner was found to have evaded.

Complaint to the FAS in an electronic request for quotations

Appeal against the actions of the customer and the quotation commission is allowed at any time during the procedure, but no later than 10 days from the date of placement in the EIS of the protocol for consideration and evaluation of applications.

LLC MCC "RusTender"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

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, Law No. 44-FZ wording that relates to the filing of applications in digital form. It is planned to add a completely new paragraph, which will regulate the conduct of such a procedure in digital form for transactions 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.

It is planned to submit proposals for such a procedure 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. Arbitrage 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 electronic document and 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. At the same time, suppliers' complaints about the limitation of the method of submitting paper applications are also recognized as unfounded.

Summarizing the above, sending a proposal for e-mail you risk being 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 (Article 28, 44-FZ).
TIN of the founders of the supplier or individual.

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

The request for quotations in electronic form from July 1, 2020 is undergoing significant changes. Article 82.1 of Law No. 44-FZ is set out in full in a new edition. The goal of the legislator is to systematize electronic procurement procedures and make the request for quotations in electronic form a procedure that is as similar as possible to tender and auction procedures. This, on the one hand, made it possible to solve some of the problems that have long been inherent in the procedure for requesting quotations (for example, to eliminate the impossibility of requesting a copy of a license from procurement participants as part of their bids), but, on the other hand, it has spread the difficulties that customers encountered when holding tenders and auctions, requesting quotations.

Law No. 44-FZ gives the following definition to the term “request for quotations in electronic form”.

The method of determining the supplier (contractor, performer), in which information on the purchase is communicated to an unlimited circle of persons by posting in the EIS a notice of a request for quotations in electronic form, the winner of such a request is the procurement participant who offered the lowest contract price, the lowest amount of unit prices, works, services and meets the requirements established in the notice of the request for quotations in electronic form (part 1 of article 82.1 of Law No. 44-FZ).

As can be seen from the specified definition, a request for quotations is an open procurement procedure. Law No. 44-FZ does not allow it to be held in a closed form, as, for example, is provided for an electronic auction and an electronic competition. At the same time, like the electronic auction procedure, the request for quotations provides for the selection of the winner solely on the basis of one criterion - the price. Everything else does not matter to the customer: the increased quality of the products offered by the supplier, the qualifications of the contractor and his experience in the market, and more. The lower the price, the better. At the same time, in contrast to the tender and auction procedures, the request for quotations does not apply anti-dumping measures provided for in Art. 37 of Law No. 44-FZ. Therefore, procurement participants are not limited in price reduction even by such formal measures. The only difference from the auction is that participants will not be able to drop to zero or less. The contract price in the RFQ is always a positive value.

In this regard, the request for quotations in electronic form is becoming less and less popular procedure for customers. Customers choose this procedure for carrying out, perhaps, for two main reasons:

Centralized Procurement . In some subjects of the Russian Federation and municipalities the centralized procurement system is built in such a way that only the procedures of tenders and auctions are centralized by the authorized body, authorized institution. The right to conduct requests for quotations is reserved to customers. In this regard, in order to exclude the authorized body, authorized institution as an intermediary, including independently determine the terms of the technical assignment, customers choose this method for implementation.
Lack of procurement documentation. The request for quotation is missing procurement documentation. Its role is performed by the notification of the request for quotations. However, for individual customers, especially for those who employ "young" contract managers, this factor is of decisive importance. It seems to them that the absence of procurement documentation simplifies the procedure. Actually it is not! The lack of procurement documentation complicates the procedure, including the preparation of a draft contract. For example, if the customer, conducting the procedure for requesting quotations in electronic form, provides in the draft contract for the right of the parties to change its terms on the grounds provided for in Part 1 of Art. 95 of Law No. 44-FZ (for example, a change in the volume of purchased products during the execution of the contract within 10%), then such a customer may be subject to a fine, because provisions h. 1 Article. 95 of Law No. 44-FZ are not applied when conducting a request for quotations precisely because of the lack of procurement documentation.

Thus, the request for quotation procedure is used less and less by customers and is in fact gradually falling into disuse.

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 participant in the order placement fills in a quotation application in in electronic format in accordance with the form quotation order 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 electronically digital signature(EDS) in accordance with the requirements of the Federal Law Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 08, 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 digital signature, and the body of the letter must contain links to the website on the Internet and to the register of user certificates of this CA;

The file of the list of revoked certificates of the CA that issued this EDS, the validity period 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 have arisen 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 have detected 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 paragraph 2 of Article 46 of 94-FZ, “in the case of submitting a quotation bid in the form of an electronic document, the customer, the authorized body must, on the same day, send in writing or in the form of an electronic document to the order placement participant who submitted such an application, confirmation of receipt of such an application ". 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.

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.

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.

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 dated 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, No. 5, Art. 816; 2016, No. 2, Art. 383), the figures “2017” shall be replaced by the figures “2018”.

Prime Minister

Russian Federation

D. MEDVEDEV

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

Recall, 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 placing 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 submitting applications, transitional provisions are provided only for open auctions in electronic form ( electronic auctions) - they are carried out according to the old rules (part 10 of article 112 of Law N 44-FZ). 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 permits a direction in the course of transition period documents bound electronic signatures, at the same time, please 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 for participation in the request for quotations filed in the form of an electronic document and ensures that the content of applications for participation in the request for quotations is considered only after 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 damage 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