How to participate in a quotation order (request for quotations). What is a request for quotation? Quote request form How to submit a quote electronically according to 44 fz

Request for quotations is one of the most simple and accelerated procedures carried out by state and municipal institutions. It is regulated by Article 72 of the 44-FZ, in paragraph 1 of which it is prescribed what a request for quotations is: this is a form of determining a supplier, which means the procedure for submitting a price offer for the performance of declared works or services under a contract. The winner is the Supplier who was offered the lowest price, if he fully complied with the requirements of the Customer and federal laws.

Nuances of the quotation procedure

They are the following:

Ways to organize the procurement procedure

There are two ways to conduct a request for quotations, according to the law and the new changes of 2018:

• paper submission;
• electronic submission.

Electronic request for quotations

From 07/01/2018, the Customer has the right to organize a quote request by placing an order on an electronic trading platform (ETP) approved by the Government, and from January 1, 2019, this will become a mandatory rule for all trading sessions.

ETPs where it is allowed to carry out procedures for determining a supplier by requesting quotations:

• Sberbank - AST;
• RTS tender;
• Roseltorg;
• National electronic platform;
• Order RF;
• TEK-Torg;
• Marketplace of Gazprom;
• AST for the state defense order.

To participate on these platforms, the Supplier must have an enhanced qualified electronic digital signature (EDS), as well as be accredited on the trading platform.

Informative! Due to the changes made to 44-FZ, from 01/01/2019, a participant in public procurement must first have Personal Area on the site http://zakupki.gov.ru/, and only after that on the ETP. For those Suppliers who have previously been accredited on federal trading floors, additional registration in the EIS system is required. For this, they were given the whole of 2019.

The procedure for conducting an electronic request

The customer publishes a notice on the official procurement website no earlier than five working days before the termination of the submission of bids. With the electronic method of bidding, the NMCC does not affect the term for publishing the notice.

An application can be submitted by any participant who has an enhanced qualified digital signature, and has also been accredited on the trading platform. The supplier, having formed his offer, signs it with an EDS and sends it to the ETP operator.

Note! With the electronic method of placing a quotation, the participant, having sent a single application, has the right to withdraw it before the end of the submission of proposals. To do this, you must send a corresponding request to the site.

The ETP operator, having received a quotation order, within the next hour confirms its acceptance and assigns an identification number. After the deadline for submitting proposals, the operator within an hour transfers to the Customer all information on price proposals, as well as documents of participants that were sent in accordance with the requirements of the Customer and the Federal Law.

The quotation commission, within a period not exceeding 1 business day from the date of receipt of data from the ETP operator, examines the information provided. After consideration of all price proposals, the commission forms and signs the minutes of the request for quotations. The finished document is sent to the operator of the electronic trading platform late consideration of applications. Following this, the ETP operator ranks the participants in the bidding procedure, in accordance with the increase in the price they offered for the execution of the contract. The supplier offering the lowest price is declared the winner.

The Operator generates a protocol for the consideration and evaluation of applications and publishes it on the ETP for bidding, as well as on the public procurement portal, within 1 hour after receiving data on the consideration of applications from the Customer.

The peculiarity of such a request for quotations is that the Customer does not know the correspondence of price offers and Suppliers. His task is to check the received documentation for compliance with the requirements.

Following the publication of the protocol on the Internet, within a period not exceeding 5 days, the Customer sends the contract to the winner of the request for quotations without his signature. The participant who won the first place, in the absence of amendments to the document, signs it, attaching confirmation of the contract security, if this condition was put forward, or sends a protocol of disagreements.

The customer is given 3 days to verify the authenticity of the contract security and sign it. When a protocol of disagreements is sent, the Customer corrects the draft contract or provides a reasoned refusal. In this case, the participant is given 3 days to re-sign the contract.

Note. If the winner did not sign the contract on time, the Customer offers the second-place participant to perform the work under the contract. In this case, the Supplier has the right to refuse without consequences for itself.

Pros and cons of requesting quotes on the ETP

Submission of an application in electronic form takes place on the same basis as in a paper version, but this method of declaring a purchase has several advantages:

• electronic way data transmission;
• minimum time to prepare an application;
• there is no opportunity to find out price offers from suppliers ahead of time, thereby rigging the results;
• there are no restrictions on the territorial location of the procurement participant, i.e. You can submit a price offer from any region of the country.

The disadvantages include:

• it is necessary to have an enhanced qualified digital signature and accreditation at the ETP;
• high competition, as participants may be from other areas.

Customers still prefer to use the request for quotations in paper format.

Rules for conducting purchases on paper:

Each procurement procedure is clearly regulated by Federal Laws 44 and 223. The algorithm for conducting a quotation session is as follows:

1. Placement of a notice of a request for quotations. Documentation publication on the portal zakupki.gov. There is no fee for familiarization with the information, it is widely available.
2. Terms of request for quotations depend on the announced price of the contract: 4 working days, if the amount is not more than 250 thousand rubles; 7 working days, if the contract price is from 250,000 - 500,000 rubles.
3. Submission of a quotation. Within the time specified in the documentation, the procurement participant submits a price offer on paper in a sealed envelope that does not allow viewing the contents, or in electronic form. The quotation request form is developed independently by each Customer. An application submitted with a delay of even 1 minute will not be accepted.
4. Opening envelopes. In accordance with the designated regulations, envelopes are opened by a specially created quotation commission. This is an open procedure available to those who wish, while audio and video recording is allowed on it. If the representative of the Supplier is present at the opening, then he must have a power of attorney for the right of representation.
5. Determination of the winner. By opening envelopes or accepting electronic applications, the quotation commission begins consideration of price proposals and submitted documentation for compliance with the requirements of the Customer and 44-FZ. The commission draws up the result of the work in the form of a protocol, drawing it up in two copies, on the day the envelopes are opened. The results of the work are signed by all representatives of the Customer. The document is located in electronic form on the same day in the EIS.
6. The participant who offered the lowest price for the performance of work, provided that his application and documentation meet all the stated requirements, is recognized as the winner.
7. Signing a contract for a request for quotations. The participant who won the first place concludes an agreement within a strictly regulated timeframe: not earlier than 7 days and not later than 20 days from the date of publication of the final protocol. A draft contract is sent to the winner. If there are comments to the document, the Supplier has the right to send them to the Customer Service by filling out a protocol of disagreements, or to sign the contract in the first edition. The customer, having received comments from the Supplier, may amend the contract, or justifiably reject and return the original document for signing.

Not later than 2 days before the end of the submission of quotations, the Customer may make changes to the published documentation. At the same time, the purchase itself does not change, but the deadline for its submission increases depending on the NMCC.

The customer has the right to cancel the purchase, but until the conclusion of the contract with the winner.

Application composition

In accordance with federal law on public procurement, the mandatory information reflected in the application is:

Informative! When making changes to the quotation documentation, the participant who has previously submitted an application may withdraw it. The customer may refuse from the already started procurement procedure no later than 2 days before the end of the submission of proposals.

Important! If the Winner evaded signing the contract, then the Customer concludes it with the participant whose proposal took 2nd place.

Notification of a quotation purchase

It is the responsibility of the Customer to publish a notice of a request for quotations on the public procurement website. According to 44-FZ, the following data must be indicated in the documentation:

If the quotation procedure is carried out in electronic form, then the address of the electronic trading platform where the purchase will be placed is added to the standard list of requirements.

Reasons for rejecting an application

Despite the apparent simplicity of the procedure for participation in the request for quotations under 44 FZ, it has a number of circumstances under which the offer may be rejected. Circumstances under which an application may be rejected include the following:

Other reasons are not a circumstance for refusal to consider the price offer and documents. The customer, having rejected the quotation offer, is obliged to provide a reasoned refusal with reference to Article 44-FZ.

The procurement participant who submitted the application and considers it correct, and the rejection unreasonable, has the right to apply to the Federal Antimonopoly Service by filing a complaint and attaching full package documents. It is important to take into account that the FAS does not always take the side of the Supplier.

You can appeal the results of the quotation procedure no later than 10 days from the date of publication of the protocol on the public procurement website. At the request of the FAS, the process of signing the contract may be postponed or canceled.

Recognition of the request for quotations as invalid

The procurement procedure may be declared invalid in the following cases:

1. At the end of the term, one application was submitted that meets the requirements of 44-FZ and the Customer.
2. In the event that several bids are submitted, but only one of them meets the requirements specified in the notice of purchase.
3. The commission rejected all proposals of the participants.
4. The customer extended the deadline for submitting applications, as changes were made and one price offer was submitted that meets the requirements of the customer and the Federal Law.
5. The deadline for applications has ended, no proposals have been received.
6. The quotation commission recognized all applications as not meeting the requirements of the documentation in the notice.
7. In the event that no supplier entered the quotation procedure, the Customer, having made changes to the schedule, announces a second procedure for these works/services.
8. Provided that the application is submitted by the Supplier and meets the documentation requirements, the contract is concluded with a single participant.

For your information: if the quotation was carried out on paper, then the contract is concluded with a single participant, provided that the application meets the declared requirements. If the quotation was held in electronic format, then it is possible to extend the submission of proposals for another 4 working days.

Differences in the request for quotations under 223 and 44-FZ

They are the following:

1. Method of submitting quotations. An application on paper is accepted only under Federal Law No. 44, while under 223-FZ it has both options: electronic and paper.
2. When purchasing in electronic form, an EDS will be required, since the auction takes place on the ETP and the contract is signed by means of an electronic signature.
3. The customer can choose any ETP approved by the government.

Is it worth participating in the request

What is a request for quotation in the end? This is one of the easiest ways to participate in public procurement. But it is not recommended to rely on the simplicity of the procedure. If you choose to participate in a Request for Quotations, you should carefully review Federal Laws 44 and 223 to avoid rejection or misrepresentation of your application. The notice of the Customer, published on the procurement website, must be thoroughly studied, since non-compliance with one of the requirements may cause a refusal.

For the electronic procedure, you should take care of the EDS in advance, undergo accreditation, which can take up to 5 working days.

Important! The customer, having announced the purchase and set all the deadlines, has the right to make changes, which increases the deadline for submitting the application. The supplier needs to follow the selected trading procedure, otherwise the submitted application may be rejected and declared inappropriate, as it was sent in accordance with the old documentation.

All purchases for the execution of state and municipal needs are based on two laws:

• Federal Law No. 44 of April 5, 2013 "On the system in the field of procurement".
• Federal Law No. 223 "On Procurement by Certain Types of Legal Entities".

Innovations 2018

According to latest changes 2018, in a quotation bid in without fail must be specified:

• proposal for the cost of the agreement;
• proposal on the cost of one unit of the supplied goods / services rendered;
• declaration of conformity.

If the place of origin of the goods - Russia - is not indicated in the application, then the supplied products will be considered foreign-made. This is not a reason for rejection, but applications with goods of Russian origin will take precedence.

Clear ideas about the stages and order of the procedure, participation in the request for quotations are very useful. This enables organizations and individual entrepreneurs compete in the service market. A clear understanding of what a request for quotation is, how to properly approach the process of submitting a quotation and assess the profitability of a purchase, makes it possible to exist in a healthy competition market.

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

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

2 Application format in the form of an electronic document: Microsoft document Word (*.doc(x)), OpenOffice (*.odt), Adobe Acrobat (*.pdf), Rich Text Format (*.rtf) or a JPG file containing a scanned graphic image of the paper original of the quotation bid. An application in the form of an electronic document must be signed electronically digital signature(EDS) in accordance with the requirements of the Federal Law Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 08, 2007) "On electronic digital signature". The email with the quotation order file(s) must also be accompanied by:

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

EDS certificate file with which the quotation order is signed;

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

The file of the list of revoked certificates of the CA that issued this EDS, the validity of which expires no earlier than the deadline for submission of 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 tools for automatic protection of the Customer's information have detected that the e-mail with the quotation bid arriving at the email node (host) @@@ , is infected with computer viruses or has signs of spam in its structure.

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

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

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

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

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

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

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

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

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

How to submit a quote for the first time

In accordance with Part 2 of Art. 77 44-FZ, the participant has the right to choose how to submit quotes. By law, this can be done both in paper form and in the form of an electronic document signed with an EDS. The main condition is the confidentiality of information.

Although the law allows filing remotely, this option cannot actually be used. The necessary functionality has not yet been implemented in the EIS. According to clause 2 of Government Decree No. 36 of January 23, 2015, the Cabinet of Ministers instructed the Federal Treasury to ensure the possibility of sending a package of documents for participation in determining a supplier through the UIS no later than January 1, 2017. Then this deadline was postponed to 01/01/2018.

In addition to the resolution, let's pay attention to bill No. 623906-6, which proposes to remove from Art. 77, 78 of Law No. 44-FZ wording that relates to filing applications in digital form. It is planned to add a completely new paragraph, which will regulate the conduct of such a procedure in digital form for transactions in the amount of not more than 500,000 rubles. At the same time, the terms and place of publication of the notice and the draft contract, making changes to them will remain the same.

Submission of proposals for such a procedure is planned through the ETP only by accredited suppliers. And the application will consist of one part and a proposal of a new price, signed by EDS.

How to apply by email

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

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

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

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

Quotation applications in the EIS in electronic form

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

To summarize the above, sending an offer by e-mail, you risk getting rejected. After that, if you decide to prove that you are right, based on the decision of the Supreme Court, you will face serious costs and long legal battles. It is much more expedient to collect a standard package of documents and send it to the customer in live form on purpose or through a courier.

Standard set for request for quotation

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

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 (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 emergency(for example, natural and man-made disasters) will be able to quickly and without prepayment (with deferred payment) deliver vital products.

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

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

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

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

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

Request for quotations in electronic form: submission through the EIS

Currently only members can do this. electronic auction through the 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” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, N 5, art. 816; 2016, N 2, article 383), the figures "2017" shall be replaced by the figures "2018".

Prime Minister

Russian Federation

D. MEDVEDEV

To date, no official 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 posting information in the EIS that should be placed in this system (part 2 of article 112 of Law N 44-FZ). With regard to the procedure for filing applications, transitional provisions are provided only for open auctions in electronic form (electronic auctions) - they are held according to the old rules (part 10 of article 112 of Law No. 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 federal agency executive power executing law enforcement functions for cash services for the execution of budgets budget system of the Russian Federation is recognized as an electronic document signed with an enhanced unqualified electronic signature for the purposes of this Law during the period of validity of the specified certificate, but no later than the date of commissioning of the unified information system.

In other words, the law expressly allows for the sending during the transitional period of documents affixed electronic signatures, at the same time, please note, "for the purposes of Law N 44-FZ", and not only for the purposes of conducting electronic auctions.

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

How to apply for a request for quotation electronically

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

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

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

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

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

The main thing

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

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

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

Exception - only for purchases from sole supplier, purchases in the territory of a foreign state, certain quotation procedures and some purchases carried out by closed methods.

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

Stages of transition to e-procurement

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

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

Registration and accreditation of procurement participants is free.

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

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

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

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

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

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

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

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

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

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

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

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

3 - price offer.

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

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

Another popular procurement procedure is a request for quotation.

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

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

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

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

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

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

The participant's quotation bid must consist of:

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

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

Changes in the electronic auction

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

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

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

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

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

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

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

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

Benefits of moving to e-procurement

There are clear benefits to moving to e-procurement.

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

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

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

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

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

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

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

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

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

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

Take the course "". Professional retraining, 256 academic hours for managers and specialists contract services, contract managers, chairmen and members of commissions of the customer. The program is designed based on the requirements professional standard"Purchasing Specialist"

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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, there is no tender in electronic form now mandatory form application, 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. First, no additional requirements to the participants, which means they do not require any licenses, or participation in the SRO, or any other documents and information in this type of tender. 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 offered the best price or 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, the participant found for himself desired tender- 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

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

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

Legal basis

Amendments to 44-FZ, which are mentioned above, have been made Law No. 504-FZ of December 31, 2017. He introduces, among other things, a new paragraph 3.1, which will deal with the request for quotations in electronic form.

This method of determining the supplier is still used only in the classical form, that is, it is carried out without ETP participation. Let's see what will change when it is transferred to an electronic format.

Registration in ERUZ EIS

From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

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

Conditions for the procedure

The request for quotations 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.

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

• initial price of the contract - up to 500 thousand rubles;
• the annual volume of such purchases - within 10% and not more than 100 million rubles.

Stages

Placement of notice

The notice is published in the EIS no later than in 5 days prior to the electronic request for quotations. It must contain the following information:

• the address of the ETP that will conduct the request;
• information about the customer;
• procurement identification code;
• a summary of the terms of the contract;
• data on limitations and benefits;
• an indication of the method of conducting the supplier;
• the amount of the security;
• information regarding the procurement object;
• information about the contract manager or responsible specialist of the customer;
• information on how to terminate the contract unilaterally;
• a list of documents to be submitted by the participant, and requirements to which he must comply;
• draft contract (attached to the notice).

Applying

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

Registration in the EIS will become mandatory for all suppliers from 2019.

As part of the application, the participant submits:

• consent to the execution of the contract - the supply of goods, the performance of work, the provision of services;
• information about yourself, including contacts;
• confirmation of compliance with the requirements of the customer (declaration), that the participant is a small business entity or is entitled to receive another advantage specified in the purchase.

The participant submits the formed application through a personal account. The operator checks the application and if everything is in order, sends it to the customer. ETP may reject an application by several reasons:

• late delivery;
• non-compliance with requirements;
• if one supplier sent 2 applications;
• there is no price offer in the application or the price is equal to zero;
• the price in the application exceeds the NMTsK;
• 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 bidding operator, and not by the customer.

The ETP may reject the participant's application within 1 hour after filing. In this case, the operator must indicate the reason.

Consideration of applications

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

• failure to provide the required data by the participant;
• providing incomplete or inaccurate 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 bidding operator.

Picking a Winner

At the next step, the operator ranks all orders accepted by the customer by price. To sum up the results of the request for quotations in electronic form, the operator has only 1 hour from the moment when the protocol is received from the customer. During this time, it is necessary to form a protocol and place it on the ETP and in the EIS.

The winner is the participant whose proposal contained lowest price. It is with him that the customer will conclude a contract.