How to participate in a quotation application (request for quotation). How to apply for a request for quotation in electronic form How to apply for a request for quotation in electronic form under 44 Federal Laws

• On 07/31/2018
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• 44-FZ, EIS, Purchases from a single supplier, Request for quotations, Request for proposals, Competition, NMCC, Procurement procedure, RNP, Articles, ETP

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

Legal basis

Changes to 44-FZ, mentioned above, have been made Law of December 31, 2017 No. 504-FZ. Among other things, he introduces a new paragraph 3.1, which will be devoted to requesting quotations in electronic form.

This method of determining a supplier is so far used only in the classical form, that is, it is carried out without ETP participation. Let's see what changes when it is transferred to electronic format.

Registration in ERUZ EIS

From January 1 2020 year to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

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

Conditions for the procedure

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

To conduct an electronic request for quotation, the same conditions apply as for the classic one:

• initial contract price - up to 500 thousand rubles;
• annual volume of such purchases - within 10% and no more than 100 million rubles.

Stages

Posting a notice

The notice is published in the Unified Information System no later than in 5 days before conducting an electronic request for quotations. It should contain the following information:

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

Submitting applications

Since the procedure is carried out on the ETP, the participant submitting the application must be accredited for it. Moreover, he must be registered in the EIS.

Registration in the Unified Information System will become mandatory for all suppliers from 2019.

As part of the application, the participant submits:

• consent to fulfill the contract - supply of goods, performance of work, provision of services;
• information about yourself, including contacts;
• confirmation of compliance with the customer’s requirements (declaration), that the participant is a small business entity or has the right to receive another benefit established in the procurement.

The participant submits the completed application via Personal Area. The operator checks the application and, if everything is in order, sends it to the customer. ETP can reject an application by: several reasons:

• late delivery;
• non-compliance;
• if one supplier sent 2 applications;
• there is no price proposal in the application or the price is zero;
• the price in the application exceeds the NMCC;
• the supplier is included in the RNP.

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

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

Review of applications

Within the next day after the deadline for accepting applications, the customer must review them. As a result, he will either allow the application to participate or not. There are few reasons for deviation:

• failure by the participant to provide the required data;
• provision of incomplete or false data.

It is prohibited to reject applications for other reasons.

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

Winner selection

At the next step, the operator ranks all requests accepted by the customer by price. The operator has only 1 hour from the moment the protocol is received from the customer. During this time, you need to create a protocol and place it on the ETP and in the UIS.

The winner is the participant whose proposal contained the most low price . It is with him that the customer will enter into a contract.

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

This article, which is more focused on procurement participants who want to understand the issues of participating in a request for quotation and preparing their first application, will explain in detail the main cases and features of conducting a request for quotation, and also provide step-by-step algorithm participation in this procurement method, from searching for procurement on topics of interest to concluding a contract.

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

Requesting quotes is one of the simplest and most popular procurement methods for both customers and procurement participants, and there are a number of objective reasons for this.

Advantages of requesting quotes for the customer:

• short procurement period (the entire procurement procedure, including the publication of a notice, the formation of a protocol and the signing of a contract, can be completed in 12-16 working days);
• single lot;
• does not require the development of voluminous procurement documentation;
• no need to clarify the provisions of the notice;
• minimum time spent reviewing applications (in contrast to competitions, electronic auctions and requests for proposals);
• formation of just one protocol based on the results of determining the supplier (contractor, performer).

Advantages of participation in the request for quotations for the procurement participant:

• Apart from detailed information about the goods being supplied, you do not need to include any additional information in your application. constituent documents, extract from tax office(Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs), decision on approval or execution of a major transaction, etc.;
• there is no need to stitch or number application sheets;
• no need to purchase an enhanced certificate from an accredited certification center electronic signature to submit an application in writing;
• no need to provide application security;
• do not apply anti-dumping measures in case of contract price reduction by more than 25%.

Speaking about the advantages of this method of determining a supplier (contractor, performer), we should not forget about its shortcomings. In the request for quotations, the main criterion for selecting the winner is lowest price offer(provided that the procurement participant's application meets the requirements of the notice), no other evaluation criteria are used. As is obvious, this is a rather dangerous approach, which in practice can lead to serious problems for the customer at the stage of fulfillment of obligations under the contract on the part of the supplier (contractor, performer), since a low price is not always a guarantee of delivery of goods of adequate quality, performance of work and provision of services through the use of quality materials, etc.

Features of requesting quotes

At the same time, Federal Law No. 44 allows for a request for quotations in an amount not exceeding

10% of the customer's total annual purchase volume. The total cost of purchases carried out in this way should not be more than 100 million rubles.

• request for quotation general rules carried out if the initial (maximum) price of the contract (hereinafter referred to as the NMCP) for one procurement procedure does not exceed 500 thousand rubles. However, in Art. 75, 76 and 82 Federal Law No. 44 provide for cases in which procurement can be carried out by requesting quotes regardless of the contract price, but these are more special cases, which we will not dwell on in detail in this article;
• the draft contract is a mandatory and integral part of the procurement;
• the winner is the procurement participant who offered the lowest contract price;
• request for quotations is the only form of procurement for which the deadline is extended submitting applications for 4 working days, if the request for quotation is declared invalid due to the fact that the quotation commission rejected all submitted applications;
• only the specification is drawn up ( specifications) purchased goods, works, services.

Procedure for requesting quotes

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

Step 1: search for procurement

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

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

- name of purchase(for example, “split system”, “household chemicals”, “providing educational services", "Maintenance");

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

- indicate the procurement stage"Submitting applications."

The work of a procurement participant on the website www.zakupki.gov.ru is carried out without going through the registration procedure. All information about ongoing procurement is publicly available and provided free of charge.

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

Step 2: Submission and completion of the application

A procurement participant who is preparing an application for participation in a request for quotation for the first time should take into account that the submitted application must fully comply with the requirements established in Part 3 Art. 73 Federal Law No. 44, since otherwise there is a possibility of its rejection by the customer and the procurement commission. Before filling out an application, it is recommended that you carefully read the procurement notice, the conditions set out in the draft contract, and familiarize yourself with the requirements for completing the application specified not only in the notice, but also directly in Federal Law No. 44. In the matter of preparing any application for participation in the procurement, every trifle.

Absolutely anyone can submit an application for a quotation request. interested party within the time limits specified in the notice.

Each procurement participant has the right to submit only one quotation bid.

In accordance with Part 2 of Art. 77 Federal Law No. 44 an application can be submitted in writing in a sealed envelope or in the form electronic document . The form for submitting a quotation application is determined at the discretion of the procurement participant, but in fact, until the Unified Information System begins to function, requests for quotation requests in the form of an electronic document are not accepted by customers, about which a corresponding note is most often made in the procurement notice. But despite this, some customers allow submitting an application for a request for quotation in the form of an electronic document to an email address, subject to its signing enhanced by a non-qualified electronic signature.

Contents of the application

An application for participation in the request for quotation is completed by filling out the form attached by the customer to this purchase and posted on the website www.zakupki.gov.ru.

According to Part 3 of Art. 73 Federal Law No. 44, an application for participation in a request for quotation must contain:

1) Name, location(for a legal entity), last name, first name, patronymic (if any), place of residence (for an individual), Bank details procurement participant.

2) Agreement participant in the request for quotation to fulfill the terms of the contract specified in the notice, name and characteristics of the supplied goods in case of delivery of goods.

Note. Consent is provided in any form; as a rule, the customer standard form the application contains the standard text “The procurement participant ___________ agrees to fulfill the terms of the contract specified in the notice.”

The name and characteristics of the supplied goods in the case of delivery of goods must be formulated as precisely as possible and should not be accompanied by enumeration (for example, “or red”, “or blue”, “or green”), intermediate values ​​(“from” and “to”, “from” and “to”, for example, “cabinet height from 175 cm to 185 cm”) and the words “or equivalent”, except in cases where the specific value for a particular characteristic is a range, since the customer must must know what goods will be supplied to him based on the results of determining the supplier (contractor). When preparing an application, the procurement participant must offer for delivery goods with characteristics that do not fall outside the ranges established by the customer in the procurement notice.

3) Proposal for the contract price.

Note. Federal Law No. 44 does not provide for the need to indicate the price per unit of goods as part of the quotation application, but if the standard application form contains such a requirement, then it should be observed in order to avoid the risk of rejection of the procurement participant’s application.

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

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

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

TIN of the founders;

TIN of members of the collegial executive body, persons;

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

Note. It is indicated in writing that there is no need to provide a certificate of registration with the tax authority.

6) Declaration of affiliation of the participant in the request for quotations to small businesses(hereinafter referred to as SMP) and socially oriented non-profit organizations (hereinafter referred to as SONKO) if the customer establishes the restriction provided for in Part 3 of Art. 30 Federal Law No. 44.

Note. The declaration of affiliation with the SMP/SONCO is provided in any form; most often, the standard application form contains similar wording that must be filled out. For example, “The procurement participant LLC “________________” hereby confirms that it belongs to small businesses in accordance with the requirements established by the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation.” Thus, LLC "_________________" has advantages in accordance with Art. 30 Federal Law No. 44."

7) Documents, confirming the compliance of the quotation request for goods, work or services proposed by the participant with the admission conditions, access bans, access restrictions if such conditions, prohibitions, restrictions are established by the customer in the notice of a request for quotation in accordance with Art. 14 Federal Law No. 44, or certified copies of these documents.

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

The customer is not allowed to require the participant to provide documents and information other than those listed above.

Paperwork

The procurement participant's application must be issued on letterhead (if any), signed by the head of the organization of the procurement participant and sealed(if any). Documents attached to the quotation application may be drawn up as attachments to the application. If copies of documents are provided, they must be properly certified.

The completed application is packed in an envelope, sealed, on the envelope you should indicate: the notice number, name and address of the customer, and it is also advisable to indicate until what time the envelope with the application should not be opened. This is recommended to be done to avoid opening the envelope earlier than the deadline, for example, by the secretary of the customer’s organization, who, as a rule, deals with issues of incoming and outgoing correspondence.

Note. It is not necessary to indicate the name of the procurement participant on the envelope with the quotation bid, since participation in the procurement procedure presupposes the inability to view the contents of the bid until it is opened. Therefore, it is recommended to maintain confidentiality in this matter until the commission begins opening envelopes with applications.

Step 3: Application Acceptance Procedure

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

Moreover, in accordance with Part 3 of Art. 77 Federal Law No. 44 the application must be registered by the customer in the application log. Refusal to accept and register an envelope with such an application, which does not indicate information about the person who submitted it, and the requirement to provide this information on the part of the customer are not allowed.

The legislator obliges the customer to ensure the safety of envelopes with submitted applications, their security, integrity and confidentiality. In addition, the customer is obliged to ensure that applications are considered only after opening the envelopes with such applications. Persons storing envelopes with quotation bids do not have the right to allow these envelopes to be damaged until they are opened. For such violation of requirements, the perpetrators bear responsibility as provided by law.

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

Acceptance of applications ceases when the deadline for opening envelopes with applications for participation in the request for quotations arrives.

Step 4: Change and withdrawal of application

Change and revoke quotation request the procurement participant has no right, except if the customer has made changes to the notice. Thus, if a procurement participant has such a need, one should focus on the standards established in Part 1 of Art. 77 Federal Law No. 44.

Note. If a procurement participant has a need to withdraw the application, and the customer has not made changes to the procurement notice, then in this case you can use the rule specified in Part 4 of Art. 78 Federal Law No. 44, according to which, if it is established that one participant in a request for quotations has submitted two or more applications for participation in the request for quotations, provided that such applications previously submitted by this participant have not been withdrawn, all applications to participate in the request for quotations submitted by this participant, are not considered and are returned to him.

Step 5: making a purchasing decision and determining the winner

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

The quotation commission opens envelopes with applications for participation in the request for quotation at the time and place specified in the notice. The procurement participants who submitted applications or their representatives have the right to be present at the opening procedure. In case of their absence, the autopsy will be carried out as planned.

Immediately before opening the envelopes with applications, the quotation commission is obliged to announce to the participants in the request for quotations present at the opening, about additional opportunities to submit applications. This action is aimed at providing an additional chance to participate in the request for quotations to those participants who did not manage to submit applications within the time limits established by the notice.

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

• information about the place, date, time of the envelope opening procedure;
• name (for a legal entity), surname, first name, patronymic (if any) (for an individual);
• postal address of each participant in the request for quotations who submitted an application;
• contract price proposals specified in bids;
• other information required by the customer in accordance with the notice of request for quotation.

When opening envelopes with applications The customer is obliged to make an audio recording of the opening of envelopes. Any participant in the request for quotations present at the opening of envelopes will also has the right to make audio and video recordings of the opening of these envelopes.

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

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

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

• applications do not meet the requirements, established in the notice;
• price offered in bids goods, works or services exceeds the NMCC, specified in the notice;
• the participant in the quotation request did not provide documents and information, provided for in Part 3 of Art. 73 Federal Law No. 44.

Reject applications on other grounds not provided for by law, prohibited.

Based on the results of consideration and evaluation of applications a protocol is drawn up. The generated protocol for the consideration and evaluation of applications is signed by all members of the commission present at the meeting and on the day of its signing it is placed in the UIS.

Thus, the procurement participant should monitor the results of the request for quotation on the Official website www.zakupki.gov.ru, i.e. monitor the posting of the protocol to find out who became the winner of the procurement.

Let us note that according to Part 10 of Art. 78 Federal Law No. 44, any participant in the request for quotations who has submitted an application for participation, after posting the protocol for consideration and evaluation of applications on the website www.zakupki.gov.ru, has the right to send to the customer in writing or in the form of an electronic document, a request for clarification of the results consideration and evaluation of applications for participation in the request for quotations. In turn, the customer is obliged to provide the participant who submitted the request with appropriate explanations in writing or in the form of an electronic document within 2 business days from the date of receipt of the specified request.

According to the general rules, the protocol for the consideration and evaluation of applications is drawn up in two copies, one of which remains with the customer, the other within 2 working days from the date of signing the protocol is transferred to the winner request for quotations with application draft contract, which is compiled by including in it the conditions execution of the contract provided for in the notice, and the price offered by the winner in the quotation application.

Step 6: Conclusion of the contract

In accordance with Part 13 of Art. 78 Federal Law No. 44, a contract based on the results of a request for quotations can be concluded no earlier than 7 days from the date of placement in the Unified Information System of the protocol for consideration and evaluation of applications and no later than 20 days from the date of signing the said protocol.

It is important to understand that the contract in accordance with the provisions of Federal Law No. 44 must be concluded on the terms specified in the notice, at the price proposed in the winner’s application request for quotations or in the application for participation in the request for quotations of the participant in the request for quotations with whom the contract is concluded in the event that such winner evades concluding the contract.

If the procurement notice stipulated the need to provide ensuring the execution of the contract, then it should be remembered that simultaneously with the signed contract, the winner of the procurement or the participant with whom the contract is concluded in the event of the winner’s evasion, obliged to provide to the customer a document confirming the security of obligations under the contract. As such a document, in accordance with Part 3 of Art. 96 Federal Law No. 44 may act bank guarantee or payment order, confirming entry Money to the customer's account in the established amount.

If, after the customer sends the winner of the procurement draft contract for signature, the winner does not submit a signed contract or a document confirming the security of obligations under the contract within the period specified in the notice, then such winner is recognized evaders from concluding a contract(Part 11, Article 78, Federal Law No. 44).

If the winner of a request for quotation is recognized as having evaded concluding a contract, the customer may, at his own discretion, file a claim in court for damages, caused by evasion of concluding a contract, and conclude a contract with the participant request for quotations, who proposed the same as well as the winner of the quotation request, contract price, or in the absence of such a participant with a participant whose contract price proposal contains best condition at the contract price, following the request for quotation proposed by the winner, if the contract price does not exceed the NMCC specified in the notice of the request for quotation.

If the customer made a similar offer to the participants listed above, then conclusion of a contract for them is mandatory. In case of evasion of these participants from concluding a contract the customer has the right to file a claim in court for damages, caused by avoidance of concluding a contract, and re-request for quotations.

At the same time, refusal to conclude a contract for the winner and the procurement participant who was asked to conclude a contract in the event of the winner’s evasion is fraught with consequences for both participants inclusion in the register of unscrupulous information providers how about legal entity, so and about individuals(about the founders, members of the collegial executive body), acting on the side of such a procurement participant.

Recognition of the request for quotation as invalid

If, based on the results of the procurement, the request for quotation is declared invalid, then in accordance with Part 1 of Art. 79 Federal Law No. 44 customer enters into a contract with sole supplier(contractor, performer) according to clause 25, part 1, art. 93 Federal Law No. 44.

The main cases of deeming a request for quotation invalid include the following cases:

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

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

Thus, in the case of a single application recognized by the procurement commission as meeting the requirements, the conclusion of a contract for both parties is mandatory, despite the procurement status of “failed request for quotation”.

Also, a request for quotation is considered invalid if:

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

If, based on the results of consideration of quotation bids by the commission, all submitted bids are rejected, then the customer extends the application deadline to participate in the request for quotations for 4 working days and within 1 working day after the deadline for filing such applications, places it in the UIS notice of extension of filing deadline applications.

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

In addition, the Unified Center for Consultations on Government Procurement recommends that potential procurement participants, for their part, always, before preparing an application, carefully read the provisions of Federal Law No. 44 in the current edition, which regulate the procedure for conducting and participating in the request for quotations. Perhaps some changes have been made to the law in this part, and knowledge of this will help to correctly prepare the application, thereby reducing the risks of its rejection by the procurement commission.

Svetlichnaya Liliya Alekseevna,

Specialist of the Unified Center for Consultations on Government Procurement (www.site)

STC "Orientir"

08/05/2015

Do you still have questions about how to submit a request for quotation? You can talk to ECHC specialists about this topic.

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

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

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

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

• No digital signature required.
• There is no participation fee or application security.
• Applications can be submitted until the commission begins to open envelopes.
• Fewer documents need to be prepared.
• There is no penalty for dumping even if the price is reduced by more than 25%.

The only disadvantage of requesting quotes for a supplier is that you cannot find out what was in other bids, even after they have already been opened. This leaves the customer the opportunity to choose “their” winner. To prevent this from happening, it is better to be personally present when the envelopes are opened.

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

Step 1. Looking for suitable tenders

Independent search for any public procurement carried out through a single information system. Customers are required to publish all tenders in it: both “electronic” and “paper”.

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

Fig. 1 Search string of the UIS in the field of procurement

Fig.2 Selecting advanced search

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

Fig.3 Selecting parameters

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

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

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

Step 2. Study the quotation documentation

It should include:

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

Step 3. Fill out and submit the application

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

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

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

• Name and characteristics of the product. They should be formulated as specifically as possible, without listings and ranges of values: no “table made of plastic or wood, or PVC 70-80 cm wide.” The exception is when the range is a specific value. For example, indicating “gravel with a fraction of 20 cm” is a mistake. The gravel elements cannot all be the same size, so the characteristic from GOST is indicated - “fraction 20-30 cm”. In this case, the parameters of the goods in the application must remain within the ranges specified by the customer.
• Documents confirming the right to receive benefits. To do this, you must attach a request for benefits and a copy of the charter.
• Details with TIN of founders and directors. There is no need to attach evidence - you can just write the numbers.

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

Fig. 4 Sample of filling out a quotation application

The application sheets are packed in an envelope; the notice number, name and address of the customer are indicated on it. There is no need to indicate the sender; this information must remain confidential until the winner is determined. It is also advisable to write the date of the opening procedure directly on the envelope so that the customer’s secretary in charge of correspondence does not accidentally open it earlier.

Step 3. Send the request to the customer

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

Considering that applications for quotation requests are accepted until the commission has started opening the envelopes, and immediately before that, additional opportunity, it makes sense to come to the customer shortly before summing up the results and at the same time stay for the procedure.

How can I change or withdraw my request for quotation?

By law, a quotation request can be changed or withdrawn only if the customer decides to change the terms of the purchase. If nothing has changed, but you still have such a need, submit another application for the same request. The customer is obliged to return without consideration all applications submitted by the participant if more than one was received.

Step 4. Determining the winner

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

• where, when and what time the autopsy takes place;
• name and address of the participant;
• the price he offered.

The winner is the participant who offered the lowest price if his application meets all the requirements. If there are several such participants, the winner is the one who submitted the application earlier.

Based on the results of the procedure, the customer draws up a protocol for the consideration and evaluation of applications and uploads it to the Unified Information System. Accordingly, if you were not present at the opening of the envelopes, you will be able to find out who won the tender after publication. If the procurement results raise questions, you can contact the customer for clarification of the results - in writing or by e-mail.

Step 5. Conclude an agreement

If you are successful in the request for quotation, the customer sends you a draft contract, filled in with the terms from the notice and your proposed price, within 2 business days. You can sign it no earlier than 7 days later. However, if 20 days have passed from the date of signing the protocol and the contract has not yet been signed, the participant is considered to have evaded. In this case, the tender is awarded to the second-place supplier. If this one also evades, the customer requests quotes again.

What does “failed request for quotation” mean?

If the status of a tender is set to “failed request for quotation” in the UIS, this does not mean that the purchase was not completed. It is recognized as failed in two cases:

• only one application meets the requirements;
• all applications were rejected.

In the first case, the customer enters into a contract with a single supplier. In the latter, the deadline for submitting applications is extended by another 4 days, and the customer invites at least 3 potential suppliers to participate.

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

From July 1, 2019, customers carry out procurement procedures on the ETP only in electronic form.

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

Notification of request for quotation in electronic form

The customer places a notice of a request for quotation in electronic form in accordance with 44-FZ no less than 5 working days before the end of the deadline for submitting applications for participation.

It must be freely available for review throughout the application period.

Simultaneously with the placement of a notice of request for quotation in the Unified Information System, the customer has the right to send at least 3rd parties a request for quotation.

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

If the customer wants to make changes to the notice, he can do this if there are at least 2 days left before the end of the application submission period.

Application for request for quotation in electronic form

To submit an application, the participant must be registered in the Unified Information System and accordingly accredited to the electronic trading platform where the procurement takes place.

Deadline for accepting applications for quotation requests in electronic form - from the moment the notice is posted until the date and time of the deadline for submitting applications for participation indicated in it.

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

Within 1 hour from the receipt of the application for participation in electronic request quotation, 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 quotation in violation of requirements;

submission of 2 or more applications by one participant;

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 the contract price or an offer for a price exceeding the NMCC or 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 platform sends to the customer all 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 application review protocol.

Then, no later than the end of the period for consideration of applications, the customer sends a protocol for the request for quotation in electronic form to the ETP operator. The operator, in turn, assigns a serial number to all accepted applications - as the contract price offered in them increases, i.e. from largest to smallest.

Failed request for quotation in electronic form 44-FZ

An electronic request for quotations 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 accepted.

If such a procedure is recognized as failed on the grounds provided for in Part 14 of Article 82.3, Part 9 of Article 82.4 of the Federal Law-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 can be concluded no earlier than less than 7 days and no later than 20 days from the date of placement in the Unified Information System of the protocol for consideration and evaluation of applications.

Within 5 days from the date of placement of the protocols, the customer places it in the UIS and on electronic platform a draft contract indicating the price proposed by the winner.

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

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

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

Within 3 days, the winner must sign a draft contract. After this, the customer is also given 3 working days to sign on his part and place it in the Unified Information System.

The winner must also provide security for its execution along with the signed contract. Typically, a bank guarantee is used for this, the requirements for which are specified by the customer in the tender documentation. If the security is not provided to the customer, then the winner will be considered to have evaded!

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

★ Calculation of guarantee to secure the contract

[bank guarantee calculator]

Having selected in advance the bank where you will receive bank guarantee, You will save your time and money when you participate in the procurement.

From the moment the signed draft contract is posted in the Unified Information System by the winner and the customer, the contract is considered concluded.

Evasion of the winner from signing a contract based on the results of an 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 notarized copy thereof), within the period specified in the notice, then such winner is recognized as having evaded concluding the contract.

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

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

When conducting 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 quotation

An 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 posting the protocol for consideration and evaluation of applications in the Unified Information System.

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Request for quotations in electronic form is undergoing significant changes from July 1, 2020. Article 82.1 of Law No. 44-FZ is set out in full in new edition. The goal of the legislator is to systematize electronic procedures procurement and make the request for quotations in electronic form a procedure that is as similar as possible to the 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, eliminating the impossibility of requiring procurement participants to request a copy of the license as part of their applications), but, on the other hand, it extended the difficulties that customers faced when conducting a competition and auction, requesting quotes.

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

A method for determining a supplier (contractor, performer), in which procurement information is communicated to an unlimited number of persons by posting in the Unified Information System a notice of a request for quotation 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 a request for quotation in electronic form (Part 1 of Article 82.1 of Law No. 44-FZ).

As can be seen from the above definition, a request for quotation is an open procurement procedure. Law No. 44-FZ does not allow it to be carried out in a closed form, as is, for example, provided for electronic auction and electronic competition. At the same time, like the electronic auction procedure, the request for quotations involves selecting a winner solely based on one criterion - price. Everything else is of no importance 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 so on. The lower the price, the better. At the same time, unlike the tender and auction procedure, 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 to reducing prices even by such formal measures. The only difference from the auction is that participants will not be able to decrease to zero or less. The contract price in the request for quotation is always a positive value.

In this regard, requesting quotes in electronic form is becoming an increasingly less popular procedure for customers. Customers choose this procedure to be carried out, perhaps, for two main reasons:

1. Centralized procurement . In certain regions of the Russian Federation and municipal formations The centralized procurement system is structured in such a way that only the procedures of competitions and auctions are centralized by the authorized body, authorized institution. The right to request quotes is reserved for customers. In this regard, in order to exclude an authorized body, an authorized institution as an intermediary, including independently determining the conditions terms of reference, customers choose this method of implementation.
2. Lack of procurement documentation. The request for quotation does not include procurement documentation. Its role is performed by notification of a request for quotation. However, for individual customers, especially those who employ “young” contract managers, this factor becomes crucial. They think that the absence of procurement documentation simplifies the procedure. Actually this is not true! The lack of procurement documentation complicates the procedure, including the preparation of a draft contract. For example, if the customer, carrying out the procedure for requesting quotes in electronic form, provides in the draft contract 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 a contract within 10%), then such a customer may be subject to a fine, because provisions of Part 1 of Art. 95 of Law No. 44-FZ are not applied when conducting a request for quotation precisely due to the lack of procurement documentation.

Thus, the procedure for requesting quotations is used less and less by customers and, in fact, is gradually falling out of use.