How to send a quotation request electronically. What is a request for quotation? Quote request form. Participation in the request for quotations in electronic form: terms and stages

For in electronic form it is necessary to prepare and send an application for participation in such a procedure. Only one application can be submitted. This can be done at any time from the moment the notice of the procurement is posted until the deadline for submitting bids. Based on the results of the request for quotations, no earlier than seven days from the date of placement in the EIS of the protocol containing the results of the procurement, a contract is concluded with the winner on the electronic platform.

How to prepare an application for participation in the request for quotations in electronic form according to 44-FZ

The request for quotations in electronic form is one of the competitive ways to determine the supplier (contractor, performer). Information about its holding is posted in the EIS and is available to an unlimited circle of people. The winner is recognized as meeting the requirements established in the notice of, the person who, earlier than other participants, offered the most low price contract (part 2 article 24, part 1 article 82.1, part 7 article 82.4 of Law N 44-FZ).

To participate in such a purchase, you must make an application. When compiling it, you must be guided by the requirements of the notice.

The application for participation in the request for quotations consists of the proposals of the participant about the product (work, service) and the price of the contract (part 2 of article 82.3 of Law N 44-FZ).

Requirements for the content of the application are determined by Part 9 of Art. 82.3 of Law N 44-FZ. The requirement to provide other documents (information) is a violation, it can be appealed (part 10 of article 82.3, parts 1, 2 of article 105 of Law N 44-FZ).

What should be included in the application for participation in

The application for participation in the request for quotations includes the following documents and information (part 9 of article 82.3 of Law N 44-FZ):

  • participant information, including:

Name, company name (if any);

Location (for a legal entity);

Contact phone number;

TIN;

  • agreement participant to supply goods, perform work or provide a service on the conditions provided for in the notice of the procurement, which are not subject to change based on the results of its implementation. Such consent is given with the use of software and hardware of the electronic site;
  • declarations(represented using the software and hardware of the electronic platform). They must certify:

Correspondence ;

Belonging of the participant to the SMP or SONCO, if only such organizations can be participants in the procurement ();

The right to receive benefits provided to institutions (enterprises) of the penitentiary system or organizations of the disabled, if the participant declared this right (Articles 28, 29 of Law N 44-FZ);

  • documentation confirming compliance with the conditions, restrictions or prohibitions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ (represented if the customer purchases the goods or the participant will use it to perform work (services)).

Such documents may include documents confirming the country of origin of goods purchased through a request for quotations. For example, Decree of the Government of the Russian Federation of July 14, 2014 N 656 establishes a ban on the admission certain types engineering goods originating from foreign countries. Confirmation that the goods are manufactured in the Russian Federation is an examination certificate issued by the Chamber of Commerce and Industry of the Russian Federation (clause 2 of this Decree).

If it is envisaged to submit a declaration on the country of origin of the goods or on the country of origin and the manufacturer of the goods, it is submitted using the software and hardware of the electronic platform.

Information on the existence of conditions, restrictions or prohibitions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ, must be contained in the notice of the request for quotations ();

  • specific product indicators, corresponding to the values ​​in the notice of the request for quotations in electronic form, and an indication of the trademark (if any). They are included in the application if the notice of the request for quotations in electronic form does not contain an indication of the trademark or if the procurement participant offers goods with a different trademark.

How and when to submit an application for participation in the request for quotations in electronic form according to 44-FZ

Only one application can be submitted to participate in the request for quotations. This can be done at any time from the moment the notice is posted until the deadline for filing applications (parts 3, 4 of article 82.3 of Law N 44-FZ).

An application can be submitted by a participant registered in the EIS and accredited on an electronic site (part 1 of article 82.3 of Law N 44-FZ). At the same time, according to 31.12.2019 inclusive, persons accredited on the electronic platform until 01/01/2019, whose information and documents are included in the register, may not be registered in the EIS (part 50 of article 112 of Law N 44-FZ).

How to get accreditation on the electronic platform to participate in the request for quotations in electronic form according to 44-FZ

To apply for participation in the request for quotations, first of all, it is necessary to obtain accreditation on the electronic site. To do this, the operator of the electronic platform needs to send an application for accreditation, as well as documents and information in accordance with Part 2 of Art. 61 of Law N 44-FZ (part 49 of article 112 of Law N 44-FZ).

The operator of the electronic site is obliged within five working days to accredit the participant or refuse accreditation on the grounds specified in Part 6 of Art. 61 of Law N 44-FZ (part 4 of article 61 of Law N 44-FZ).

The address of the electronic site where the procurement is carried out can be found in the procurement notice posted in the EIS (clause 1, part 2, article 82.2 of Law N 44-FZ).

It is advisable to obtain accreditation at each electronic site where the organization plans to participate in procurement.

WITH 01.01.2019 accreditation on all electronic platforms will be carried out automatically no later than the working day following the day of registration of the participant in the EIS (, part 48, article 112 of Law N 44-FZ).

What is the procedure for filing an application for participation in the request for quotations in electronic form under 44-FZ

Having received accreditation on the electronic platform, the participant can apply for participation in the procurement. It must be signed by an enhanced qualified electronic signature(hereinafter referred to as enhanced electronic signature), if you are not a foreign person, and send it to the operator of the electronic platform (part 1, article 5, part 5 Part 2 Art. 82.3, part 5.5 of Art. 112 of Law N 44-FZ, paragraph 4 of the Information Letter of the Ministry of Finance of Russia dated 06/25/2018 N 24-06-08 / 43650).

When choosing electronic signatures, foreign participants should be guided by the Letter of the Ministry of Finance of Russia and the Ministry of Communications of Russia of 08/01/2018 N 24-06-05/54209, N OP-P15-085-18306.

Size requirement when requesting quotations the customer is not authorized to install. This conclusion can be drawn from paragraph 2 of part 2 of Art. 82.2 of Law N 44-FZ. This rule does not provide for the inclusion of such a requirement in the notice. Accordingly, if such a requirement is established, then it can be appealed (parts 1, 2 of article 105 of Law N 44-FZ).

After sending the application, the participant will receive from the operator of the electronic site a document on assigning an identification number to the application or an application indicating the grounds for its return (parts 5, 8 of article 82.3 of Law N 44-FZ).

How to withdraw an application for participation in the request for quotations in electronic form under 44-FZ

The participant can withdraw the application by sending a notification to the operator of the electronic site. This can be done no later than the date and time of the deadline for filing applications for participation in the procurement (part 12 of article 82.3 of Law N 44-FZ).

On what grounds can the application be returned or excluded from participation in the request for quotations in electronic form under 44-FZ

The operator of the electronic site can return the application to the participant, motivating his decision. The grounds for the return are defined in Law N 44-FZ (parts 6, 8 of article 82.3 of Law N 44-FZ). In some cases, the participant can eliminate the violations and have time to re-send the application before the deadline for submission.

After the deadline for submitting applications, the commission of the customer may decide on the non-compliance of the application and (or) the participant with the established requirements and on the rejection of the application. The reasoned decision must be reflected in the minutes of consideration of applications.

Applications accepted by the commission are ranked by price by the operator of the electronic site. The bid with the lowest bid is assigned the first number. The participant who sent it is recognized as the winner. The results of the ranking of applications are also included in the protocol for consideration of applications. Such a protocol must be posted in the UIS and on the electronic site (parts 2, 5, 6, 7, 8 of article 82.4 of Law N 44-FZ).

The participant may appeal against the decision of the commission or the operator of the electronic platform (parts 1, 2 of article 105 of Law N 44-FZ).

On what grounds can an operator of an electronic platform return an order to a participant in a request for quotations in electronic form under 44-FZ

The operator of the electronic site can return the application in the following cases (part 6 of article 82.3 of Law N 44-FZ):

  • the application is not signed with an enhanced electronic signature of the procurement participant ();
  • the participant has submitted more than one application and has not withdrawn previously submitted applications. In this case, all applications are returned to him;
  • there is no contract price offer or it is equal to zero;
  • the offer on the price of the contract exceeds the NMTsK;
  • the application was received after the date or time of the deadline for submitting applications for participation in the request for quotations;
  • information about the participant (including its founders, members of the collegial executive body, the person acting as the sole executive body) is included in the register of unscrupulous suppliers. On this basis, you can return the application if the customer has established a requirement that there is no information about the indicated persons in the RNP ();
  • the application was submitted three months before the expiration date of the registration of the participant in the EIS (). The provisions of part 9 are valid from 01.2019 . Prior to this, it is advisable to be guided by part 14 of Art. 61 of Law N 44-FZ, which provides that a participant accredited on an electronic site is not entitled to submit an application for participation in the procurement three months before the expiration date of his accreditation.

If the application is returned for other reasons, the actions of the operator of the electronic platform can be appealed (part 7 of article 82.3, parts 1, 2 of article 105 of Law N 44-FZ).

On what grounds, when conducting a request for quotations in electronic form under 44-FZ, an application and (or) a participant can be recognized as not meeting the established requirements

After the deadline for submission of bids, the procurement commission considers the bids of the participants. Based on the results of such consideration, she can take one of the following decisions (parts 1, 2 of article 82.4 of Law N 44-FZ):

  • on recognition of the application and the participant as complying with the requirements established in the notice;
  • non-compliance of the application and (or) the participant with the established requirements and the rejection of the application.

So, the participant's application can be rejected only on the following grounds (parts 3, 4 of article 82.4 of Law N 44-FZ):

  • documents and (or) information provided for in Part 9 of Art. 82.3 of Law N 44-FZ, or false information is provided. At the same time, if documents confirming compliance with the conditions or restrictions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ, the application cannot be rejected. In this case, it is considered that the participant offers foreign goods (works, services) (paragraph “a”, paragraph 2, part 9, article 82.3 of Law N 44-FZ);
  • information provided for by Part 9 of Art. 82.3 of Law N 44-FZ, does not meet the requirements of the notice of the request for quotations.

How to conclude a contract based on the results of participation in the request for quotations in electronic form according to 44-FZ

The contract based on the results of the request for quotations is concluded in the manner determined by Art. 83.2 of Law N 44-FZ (Article 82.5 of Law N 44-FZ).

The winner must sign the draft contract with an enhanced electronic signature and place it on the electronic platform within (parts 2, 3, 6 of article 83.2 of Law N 44-FZ):

  • five days from the date when the customer placed the draft contract in the EIS for the first time;
  • three working days from the date when the customer posted in the EIS and on the electronic site a draft contract, finalized on the basis of a protocol of disagreements;
  • three working days from the moment when the customer re-placed in the EIS and on the electronic site the draft contract and the document indicating the reasons for the refusal to fully or partially take into account the comments in the protocol of disagreements.

If the notice of the request for quotations in electronic form is posted in the UIS before 01.10.2018 , the contract is concluded in the manner that was in force before this date (the beginning of the operation of electronic platforms, the operators of which are included in the List approved by Order of the Government of the Russian Federation of July 12, 2018 N 1447-r). This follows from Part 10.1 of Art. 112 of Law N 44-FZ, paragraph 1 of the Information Letter of the Ministry of Finance of Russia dated 02.10.2018 N 24-06-08 / 70718, paragraph 2 of the Information Letter of the Ministry of Finance of Russia dated 06.25.2018 N 24-06-08 / 43650.

How to compile and place, concluded based on the results of a request for quotations in electronic form under 44-FZ

When concluding a contract based on the results of a request for quotations in electronic form, the participant may once draw up and place on the electronic platform a protocol of disagreements to the draft contract. It should reflect comments on the provisions of the draft contract that do not correspond to the notice and application of the participant, indicating the specific provisions of these documents. The protocol of disagreements is posted within five days from the date when the customer first posted the draft contract (part 4 of article 83.2 of Law N 44-FZ).

The winner of the request for quotations in electronic form must be specified in the notice (if the security is provided for by the documentation). Documents (information) confirming the provision of such security must be posted on the electronic platform within the same period as the signed draft contract (parts 3, 6 of article 83.2, parts 4, 5 of article 96 of Law N 44-FZ).

The contract can be concluded no earlier than seven days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications. The contract is considered concluded from the moment when the contract signed by the customer's enhanced electronic signature is placed in the EIS (parts 7, 8, 9 of article 83.2 of Law N 44-FZ).

The winner is recognized as having evaded the conclusion of the contract if, within the specified period, he did not sign the draft contract and did not place it on the electronic site or did not provide security for the performance of the contract (if necessary). Information about this will be sent to the antimonopoly authority to include information about such a participant in the register of unscrupulous suppliers (part 13 of article 83.2, part 1 - 4 of article 104 of Law N 44-FZ).

From the winner, even if he evades the conclusion of the contract, the operator of the electronic site may charge a fee for participation in the procurement ( Part 4 Art. 24.1 of Law N 44-FZ, p. 1 of Decree of the Government of the Russian Federation of May 10, 2018 N 564, p. 7, 8 of the Rules approved by the said Decree).

Just in case, I will clarify: this order for 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 quotation bid 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 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 EDS, and the body of the letter must contain links to the website on the Internet and to the registry 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 places such a file for public access.

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

Note: you can purchase the 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 participant in the order placement must take into account that the Customer is not responsible for the loss or untimely receipt of the quotation bid sent by the participant in the order placement via 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 if the technical and software automatic protection of the Customer's information found that email 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.

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. 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.

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:

  1. Name and details of the participant.
  2. Agreeing to comply with the conditions specified in the notice.
  3. Names and characteristics of the supplied goods (if any).
  4. Contract price.
  5. Documentary confirmation of the right of the participant to receive benefits (Articles 28, 29 of 44-FZ).
  6. TIN of the founders of the supplier or individual.
  7. Declaration on the NSR and SONKO (with restrictions for such entities).
  8. 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 bids electronically through a single information system. The decision on this comes into force on January 14.

Prior to the introduction of amendments, N 36 provided for the obligation of the Treasury to provide said opportunity public procurement participants 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 can do this through electronic platform. 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" (Collected Legislation of the Russian Federation, 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 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 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). The provisions, 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 install.

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 authority executive power performing 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 validity period of the specified certificate, but no later than the date of commissioning of a 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 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 for official clarifications economic development Russian Federation (clause 1 of the 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

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:

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

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

2. Competitive methods for determining suppliers (contractors, performers) are tenders ( open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition), auctions (auction in electronic form (hereinafter also - 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 for 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 purchases of the customer and should not exceed one hundred million rubles.

Benefits for the customer:

  1. Speed ​​of the procurement procedure (12-16 business days from the date of publication);
  2. No requirement to develop large terms of reference(documentation for the purchase);
  3. There is no requirement to clarify the provisions of the notice;
  4. Maximum one lot per procedure;
  5. One protocol that defines the provider.

Benefits for the supplier:

  1. Of the requirements, it is enough to attach documents with information about the product and the price offer. Constituent documents it is not necessary to apply;
  2. Not required financial support applications;
  3. Submission of an application in electronic or paper form;

The main disadvantage of a quotation order

The criterion for selecting the winner is the lowest price and compliance with the requirements. This is an unjustified risk for the customer. Doesn't apply to supplier. anti-dumping measures Therefore, 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:

  1. Search through trading monitoring services (SBIS Trading)
  2. 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:

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

Rice. 1. First part of the application

  1. Bank details of the procurement participant;
  2. The consent of the participant to fulfill the terms of the contract, which are specified in the notice (indicating the name and characteristics of the goods);
  3. Contract price offer;
  4. Documents confirming the right to receive benefits;
  5. TIN of the founders;
  6. TIN of members of the collegial body;
  7. 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 operating enterprise, is not liquidated, 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:

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

If, according to the terms of the request for quotations, it is possible to send 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 sole 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.

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. 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. 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:

  1. Name and details of the participant.
  2. Agreeing to comply with the conditions specified in the notice.
  3. Names and characteristics of the supplied goods (if any).
  4. Contract price.
  5. Documentary confirmation of the participant's right to receive benefits (Article 28, 44-FZ).
  6. TIN of the founders of the supplier or individual.

    7. 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.

What is a request for quotations in electronic form, what are the advantages and disadvantages of such a procedure. What is the difference between a request for quotations in electronic form and a paper request?

Request for quotations is considered the easiest type of tender, because the winner is the participant who meets the requirements and offered the lowest contract price. But even in the request for quotations there are many nuances and problematic issues.

When requests for quotes became electronic

For bidders, only the conditions for submitting bids have changed. Now applications are sent not by mail or courier, but through the ETP. Also in the electronic form of the tender there is no longer a mandatory application form, which was in the "paper". Customers still apply the sample form, but participants do not have to fill it out.

Only those participants who are accredited in the EIS or on the ETP will be able to participate in the electronic request for quotations. Also who have special bank accounts. Moreover, a "paper" request for quotations is still carried out in the case of preliminary selection of participants in the liquidation of emergency situations.

There are not so many advantages for participants in the request for quotations. Firstly, there are no additional requirements for participants, which means that this type of tender does not require either licenses, or participation in SROs, or any other documents and information. There are more disadvantages for participants. Firstly, it is impossible to send a request for clarification in this type of tender. It is also impossible to change the contract, in terms of increasing the quantity or volume of goods.

From July 1, 2020, the rules for requesting quotations will change. What exactly will change we described in the article »

How to prepare an application for a request for quotations under the new rules

In the webinar program:
What will change in tenders held by request for quotations from July 1, 2020;
Up to what amount it will be possible to conclude a contract at the tender;
What will now be included in the notice of the request for quotations and why it will become more convenient for the supplier to work;
How to make an application for a request for quotations under the new rules;
What documents will the procurement participant be able to confirm their compliance with the requirements.

What you need to do to participate in the request for quotations: step-by-step instructions for the supplier

This instruction is for those participants who have already passed technical part getting into public procurement. That is:

  • received an EDS,
  • opened a special bank account
  • prepared their workplace for work in the EIS and ETP and received accreditation for them.

First you need to find tenders. There is a wide variety of searches, for example, to attract professionals who will deal with tenders, receive daily automatic mailing of tenders, independently search through the EIS and ETP. Which way is best for you, you can understand only by trying everything.

To conduct a request for quotations, form and place in the EIS a notice and a draft contract. Accept and review applications. Recognize the winner as the participant who proposed best price or the sum of prices when the volume of production is unknown. Read in detail how to conduct a request for quotations in electronic form and what restrictions to observe.

For example, a participant found the right tender for himself - a request for quotations in electronic form. At the same stage, he needs to study the notice, the technical building and the draft contract for the tender. Calculate the economic feasibility for yourself and understand what price the participant can offer. At the same time, the participant must remember that the price must be less than the NMTsK, otherwise it may be rejected. The winner in the request for quotations, the one with the lowest price. Therefore, it is necessary to calculate all the nuances quite carefully.

In the application for participation in the request for quotations, the participant includes, for example, consent, specific indicators of the product or service. He submits some of this information using an EDS, that is, by ticking the ETP. If the customer has attached instructions to fill out the application, you only need to follow it. Because even a mistake in punctuation can cost him the victory in this tender. After the participant has submitted an application, he needs to carefully monitor the deadlines and the placement of protocols, there will be 2 of them.

How to summarize the request for quotations in electronic form

If the participant meets the requirements and we offer the lowest price, then he wins such a tender and then everything goes to the stage of signing the contract and its execution.

If the participant does not comply, he needs to study the protocol. If he made mistakes, you just need to take into account this experience. If he does not agree with the rejection of the application, you need to contact the FAS.

Attached files

  • Order to create a quotation commission.pdf
  • Deadlines for conducting an electronic request for quotations under 44-FZ.xlsx
  • Deadlines for an electronic request for quotations under 223-FZ.xlsx
  • Checklist.jpg