How to apply for a request for quotations electronically. How to participate in a quotation application (request for quotations) Request for quotations in electronic form

(introduced Federal law from 31.12.2017 N 504-FZ)

ConsultantPlus: note.

From 01.07.2018 to 01.01.2019 for participation in electronic form in tenders, request for proposals, request for quotations, the procurement participant receives accreditation for electronic platform in the manner established by Art. 61.

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

State order. Request for quotes.

An application for participation in a request for quotations in electronic form consists of proposals of a participant in a request for quotations in an electronic form about the proposed product, work, service, as well as the price of the contract. Such an application is sent by the participant in the request for quotations in electronic form to the operator of the electronic platform.

3. A participant in a request for quotations in electronic form shall have the right to submit an application for participation in such a request at any time from the moment of posting a notice of its holding until the date and time of the deadline for submitting applications for participation in such a request provided for in a notice of a request for quotations in electronic form.

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

5. Within one hour from the date of receipt of the application for participation in the request for quotations in electronic form, the operator of the electronic site must assign it an identification number and confirm it in the form electronic documentsent to the participant of such a request who submitted the specified application, its receipt with an indication of the identification number assigned to it.

6. Within one hour from the date of receipt of the application for participation in the request for quotations in electronic form, the operator of the electronic platform returns the specified application to the participant who submitted it to the request for quotations in electronic form in the event of:

1) filing an application in violation of the requirements provided for by Part 6 of Article 24.1 of this Federal Law;

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

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

4) receiving an application from a participant in such a request in violation of the provisions of this Federal Law;

5) a participant in such a request submits an application that does not contain a proposal for a contract price or that contains a proposal for a contract price exceeding the initial (maximum) contract price or equal to zero;

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

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

Simultaneously with the return of the application for participation in the request for quotations in electronic form in accordance with Part 6 of this Article, the operator of the electronic platform must notify in the form of an electronic document the participant of such a request who submitted this application of the grounds for its return, indicating the provisions of this Federal Law that were violated ...

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

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

2) when carrying out the purchase of goods or the purchase of work, services, for the performance of which the goods are used:

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

b) specific indicators of the goods corresponding to the values \u200b\u200bestablished by the notice of the request for quotations in electronic form, and an indication of the trademark (if any). The information provided for by this subparagraph shall be included in the application for participation in the request for quotations in electronic form if there is no indication of the trademark in the notice of the request for quotations in electronic form or if the procurement participant offers a product that is designated by a trademark other than the trademark indicated in the notice of the request for quotations in electronic form;

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

4) a declaration of the participant in the request for quotations in electronic form, which is provided using the software and hardware of the electronic platform:

a) on the compliance of the participant in the request for quotations in electronic form with the requirements established by Clauses 1, 3 - 9 of Part 1 of Article 31 of this Federal Law;

b) on the right of the participant in the request for quotations in electronic form to receive benefits in accordance with Articles 28 and 29 of this Federal Law in the event that the participant in the request for quotations in electronic form has declared the receipt of these advantages (if necessary);

c) on the belonging of the participant in the request for quotations in electronic form to small businesses or socially oriented non-profit organizations in the event that the customer establishes the restriction provided for by Part 3 of Article 30 of this Federal Law (if necessary).

10. It is not allowed to require a participant in the request for quotations in electronic form to provide other information and electronic documents, with the exception of the information and electronic documents provided for in this article.

11. Within one hour from the date and time of the expiry of the deadline for filing applications for participation in a request for quotations in electronic form, the operator of the electronic platform ensures that all applications submitted for participation in such a request are sent to the customer, as well as information and electronic documents of the participants in the request for quotations in electronic form provided for by part 11 of article 24.1 of this Federal Law.

12. A participant in the request for quotations in electronic form, who has submitted an application for participation in such a request, has the right to withdraw this application no later than the date and time of the expiry of the deadline for submitting applications for participation in such a request by sending a notification to the operator of the electronic platform.

13. It is not allowed to establish other requirements for filing an application that are not provided for by Parts 5 and 6 of Article 24.1 of this Federal Law.

14. If at the end of the deadline for submitting applications for participation in a request for quotations in electronic form, only one application for participation in such a request is submitted or no such application has been submitted, the request for quotations in electronic form shall be deemed invalid.

The procedure for submitting quotation bids in electronic form

Just in case, I will clarify: this procedure is for the Krasnodar Territory. Although I'm pretty sure it can be safely used in other regions as well.

1. When submitting an application in the form of an electronic document, the participant in the order placement fills out a quotation application in in electronic format 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: document Microsoft Word (* .doc (x)), OpenOffice (* .odt), Adobe Acrobat (* .pdf), Rich Text Format (* .rtf) or a JPG file containing a scanned graphic image of the original paper quotation proposal. An application in the form of an electronic document must be signed with an electronic digital signature (EDS) in accordance with the requirements of the Federal Law Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 8, 2007) "On electronic digital signature". The following should also be attached to the e-mail with the quote file (s):

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

EDS certificate file, which signed the quotation application;

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

The file of the list of revoked certificates of the CA that issued this EDS, which expires no earlier than the expiration date of the period for submitting quotation bids, and the body of the letter must contain a link to the website on the Internet 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 necessary EDS that complies with all the norms of the legislation at "ITK"

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

4. Form emailaccompanying the Quotation Bid signed with an EDS.

According to clause 2 of article 46 of 94-FZ "Procedure for submitting quotation bids" I am sending you a quotation application in the form of an electronic document. This application is signed by our electronic digital signature (EDS).

The Quote Application itself - attached file Microsoft Word (* .doc (x)), OpenOffice (* .odt), Adobe Acrobat (* .pdf), Rich Text Format (* .rtf) or a JPG file containing a scanned graphic image the original of our quotation application.

Attached file - ххххххх.cer - EDS certificate, which signed the quotation application.

The attached file ca.cer is the root certificate of the Certification Authority.

Request for quotations in electronic form: submission through the EIS

Attached file UCSMC.crl - list of revoked CA certificates. A link to a website on the Internet where the CA places such a file for general access (http://ca.ca.ca/sos.html).

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

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 sent files. You can always find the data of our Certification Center LLC "Internet Technologies and Communications" on our website

In accordance with the Procedure for using the unified information system in the field of procurement (Approved by order of the Federal Treasury dated December 30, 2015 N 26n), the unified information system contains files of the following formats: bmp, jpg, jpeg, gif, tif, tiff, docx, doc, rtf, txt, pdf, xls, xlsx, rar, zip. The size of each file placed in the unified information system should not exceed 50 MB.

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

FEDERAL TREASURY

ORDER
dated December 30, 2015 N 26n
ON THE APPROVAL OF THE ORDER
USE OF A UNIFIED INFORMATION SYSTEM IN THE SPHERE OF PURCHASING

In order to implement subparagraph "b" of paragraph 1 of the Decree of the Government of the Russian Federation of September 30, 2014 N 996 "On the distribution of powers between the Ministry economic development Of the Russian Federation and the Federal Treasury when creating a unified information system in the field of procurement "(Collected Legislation of the Russian Federation, 2014, N 40, Art. 5445) I order:

To approve the attached Procedure for using the unified information system in the field of procurement.

Leader
R.E. ARTYUKHIN

Approved
by order of the Federal Treasury
dated December 30, 2015 N 26n

ORDER
USE OF A UNIFIED INFORMATION SYSTEM IN THE SPHERE OF PURCHASING

I. General provisions

1.1. This Procedure for the use of the unified information system in the field of procurement (hereinafter referred to as the Procedure, the unified information system) establishes the rules for the use of the unified information system by participants in the procurement contract system, as well as by other persons using the unified information system to exercise their functions and powers provided for by the Federal Law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "(Collected Legislation of the Russian Federation, 2013, N 14, Art. 1652; N 27, Art. 3480; N 52, Art. 6961; 2014, N 23, Art. ...

The first request for quotations: where to start and how to prepare it correctly?

2925; No. 30, Art. 4225; 48, Art. 6637; 49, Art. 6925; 2015, N 1, Art. 11, 51, 72; N 10, art. 1393, 1418; N 14, art. 2022; No. 27, Art. 4001; 29, Art. 4342, 4346, 4352, 4353, 4375) and Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (Collected Legislation of the Russian Federation, 2011, N 30, Art. 4571 ; N 50, Art. 7343; 2012, N 53, Art. 7649; 2013, N 23, Art. 2873; N 27, Art. 3452; N 51, Art. 6699, N 52, Art. 6961; 2014, N 11, Art.1091; 2015, N 1, Art.11, N 27, Art.3947, 3950, 4001, N 29, Art.4375) (hereinafter respectively - Federal Law N 44-FZ, Federal Law N 223-FZ , subjects of the unified information system), as well as individuals and legal entities, including participants in the mandatory public discussion of the procurement of goods, works, services, using the information resource of the official site of the unified information system in the information and telecommunications network "Internet" (hereinafter respectively - the official site of the unified information system, users of the official website of the unified information system), requirements for the exchange of information, information and documents and between regional and municipal information systems in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as regional and municipal information systems in the field of procurement) and a unified information system, methods, timing (frequency) of information transmission via telecommunication channels to the framework of such an exchange.

1.2. The unified information system contains files of the following formats: bmp, jpg, jpeg, gif, tif, tiff, docx, doc, rtf, txt, pdf, xls, xlsx, rar, zip. The size of each file placed in the unified information system should not exceed 50 MB.

II. Rules for the use of the unified information system by subjects of the unified information system

2.1. The use of the unified information system is carried out by the subjects of the unified information system after passing the registration and authorization procedure in the unified information system.

2.2. Registration of subjects of the unified information system is carried out in accordance with the procedure established in accordance with subparagraph "b" of paragraph 1 of the Decree of the Government of the Russian Federation of September 30, 2014 N 996 "On the distribution of powers between the Ministry of Economic Development of the Russian Federation and the Federal Treasury when creating a unified information system in procurement "(Collected Legislation of the Russian Federation, 2014, N 40, Art. 5445) (hereinafter - the Procedure for registration in the unified information system).

2.3. The following functions are available to the subjects of the unified information system specified in clause 2.1 of this Procedure:

- formation and placement, including in interaction with other information systems, information, information and documents provided for by Federal Law N 44-FZ and Federal Law N 223-FZ;

- exchange of electronic documents in a unified information system, in cases stipulated by the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement;

- viewing electronic journal accounting of actions and operations in a unified information system, receiving extracts from it.

III. Rules for the use of the unified information system by users of the official website of the unified information system in order to participate in the mandatory public discussion of the procurement of goods, works, services

3.1. The use of the unified information system by users of the official website of the unified information system in order to participate in the mandatory public discussion of the procurement of goods, works, services, is carried out after passing the procedure of self-registration and authorization on the official website of the unified information system.

3.2. The following functions are available to users of the official website of the unified information system in order to participate in the mandatory public discussion of the procurement of goods, works, services:

participation on the official website of the unified information system in a mandatory public discussion of the procurement of goods, works, services in accordance with Article 20 of Federal Law No. 44-FZ;

- receiving (viewing) information, information and documents posted on the official website of the unified information system;

- placement of comments and suggestions (comments) on the official website of a unified information system;

- receiving e-mail or other messages from the official website of the unified information system.

IV. Rules for the use of the unified information system by users of the official website of the unified information system

4.1. The use of the unified information system by users of the official website of the unified information system is carried out without registration.

4.2. The following functions are available to users of the official website of the unified information system:

- search and receipt of information, information and documents posted on the official website of the unified information system;

- viewing information, information and documents posted on the official website of the unified information system.

V. Requirements for the exchange of information, information and documents, methods, timing (frequency) of information transmission via telecommunication channels within the framework of such an exchange between regional and municipal information systems in the field of procurement and a unified information system

5.1. The exchange of information, information and documents (hereinafter referred to as information exchange) between regional and municipal information systems in the field of procurement with a unified information system is carried out after the registration of regional and municipal information systems in the area of \u200b\u200bprocurement in a unified information system in accordance with the Procedure for registration in a unified information system.

5.2. Information exchange between regional and municipal information systems in the field of procurement and a unified information system is carried out in the cases established by federal laws and regulatory legal acts adopted in accordance with them, using the aggregate information technologiesused for the purpose of placing (providing) information, information and documents in a unified information system by users of regional and municipal information systems in the field of procurement and aimed at obtaining a unified information system of information, information and documents contained in regional and municipal information systems in the field of procurement, control, including the legal significance of the information received, information and documents, and placement of the received information, information and documents in a single information system.

5.3. The organization of interaction between regional and municipal information systems in the field of procurement and a unified information system is carried out on the principles of compliance with the completeness and reliability of the information provided, information and documents received, processed and posted within the framework of information exchange. Information exchange between regional and municipal information systems in the field of procurement and a unified information system is carried out in automatic mode using technical and software tools unified information system.

5.4. The exchange of information between regional and municipal information systems in the field of procurement and a unified information system should be carried out through secure communication channels using certified information security tools.

5.5. The transfer of information from regional and municipal information systems in the field of procurement to a unified information system should be carried out in a time frame that ensures compliance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

5.6. Informing regional and municipal information systems in the field of procurement on the results of the transfer of information from regional and municipal information systems in the field of procurement into a unified information system should be carried out no later than 6 hours after the transfer of such information to a unified information system.

Quotation bids in the EIS in electronic form

Instructions for preparing and submitting an application for participation in a request for quotations

Preparation and submission of an application

An application for participation in a request for quotations can be submitted in writing in person, by mail, by courier or in the form of an electronic document. The procurement participant, when sending an application by mail, bears the risk that his application will be delivered to the wrong address or out of time and recognized as late.

The application for participation in the request for quotations, sent in writing, must be submitted by the procurement participant in a sealed envelope. If the application for participation in the request for quotations contains more than one sheet, all sheets of the application and all documents included in it must be sewn into a single book. The application must contain continuous numbering of sheets. The application must be (including at the place of firmware) signed by the procurement participant or a person authorized by such procurement participant, indicating the position, decoding of the signature (initials, surname), and (if available in accordance with the procedure established by law) sealed by the procurement participant.
The authority of the person to act on behalf of the procurement participant (legal entity) is confirmed by a copy of the decision on the appointment or election or the order on the appointment of an individual to a position, according to which such an individual has the right to act on behalf of the procurement participant without a power of attorney. If another person acts on behalf of the procurement participant, the application for participation in the request for quotations must be accompanied by a power of attorney to act on behalf of the procurement participant, certified by the seal of the procurement participant and signed by the head of the procurement participant (for legal entities) or a person authorized by this head. If the specified power of attorney is signed by a person authorized by the head of the procurement participant, the application for participation in the request for quotations must also contain a copy of the document confirming the powers of such a person.
The application in the form of an electronic document must contain an enhanced electronic signature (hereinafter referred to as the electronic signature) of the authorized person of the procurement participant, created and issued by a certification center that received accreditation for compliance with the requirements of the Federal Law of the Russian Federation dated 06.04.2011 No. 63-FZ "On Electronic Signature".
The ES certificate must be issued to an individual who is a representative (manager) of the procurement participant and must contain information about the employer. The beginning of the validity period of the ES certificate must be no later than the date of sending the application for participation in the request for quotations, the expiration of the certificate must not be earlier than the date of signing the contract.
An electronic document can be submitted in .rtf format, Microsoft Office 2007 format and below (file types - doc, docx, xls, xlsx), Adobe Reader version 9.0 and below format (pdf file type), zip, rar archive formats.
An application for participation in a request for quotations in the form of an electronic document, signed by an electronic signature, is sent to the address indicated in the notification of the request for quotations. In the "Subject" field of the message, write "Application for participation in the request for quotes for ___________________". An application for participation in a request for quotations sent by e-mail shall be deemed submitted before the deadline for submitting applications for participation in a request for quotations, if it was received by the customer's mail server before the expiration of the period specified in the notice of the request for quotations.
Any procurement participant, including a participant who has not been sent a request for quotations, has the right to submit only one application for participation in the request for quotations. In the event that the customer made changes to the notice of the request for quotations, the procurement participant has the right to change or withdraw his application for participation in the request for quotations before the expiration of the deadline for submitting applications for participation in the request for quotations.
The application for participation in the request for quotations, submitted within the period specified in the notice of the request for quotations, is registered by the customer. At the request of the procurement participant who submitted an application for participation in the request for quotations, the customer issues a receipt for the receipt of the application for participation in the request for quotations indicating the date and time of its receipt.
Applications for participation in the request for quotations submitted after the deadline for submission of such applications specified in the notice of the request for quotations shall not be considered and shall be returned to the persons who submitted such applications on the day of their receipt.
When making a request for quotations for the provision of ambulance, including emergency specialized, medical care in an emergency or urgent form and normal life support of citizens, the application for participation in the request for quotations filed by the person whose claim for termination of the contract is filed in court is also subject to return. if the court issued a ruling on securing a claim filed by the customer in connection with non-performance of the contract, a decision to terminate the contract for the supply of food, funds necessary for the provision of ambulance, including specialized ambulance, medical care in an emergency or urgent form, medicines, or fuel, which are necessary for the normal life support of citizens and the absence of which will lead to disruption of their normal life support.

Content of the application

The information contained in the application of the procurement participant must be unambiguous and not allow ambiguous interpretation. When providing information on the functional characteristics (consumer) properties and quality characteristics of the goods, clear parameters and other characteristics of the goods to be supplied must be indicated. When filling out an application for participation in a request for quotations in the column "name of goods", the participant shall indicate the name of the goods with an indication of a specific trademark, brand, model, modification, etc. unaccompanied by the word "or equivalent". Otherwise, such an application is considered to be inappropriate to the requirements of the notice of a request for quotations and is rejected.
In accordance with part 3 of article 30 of Law 44-FZ, the procurement participant must declare in the application for participation in the request for quotations that they belong to small businesses (hereinafter referred to as SME) and socially oriented non-profit organizations (hereinafter referred to as SONKO), if the notice of the request for quotations establishes a restriction in relation to participants, which can only be SME and SONKO ... In addition, in accordance with clause 3 of part 2 of article 73 of Law 44-FZ, the application for participation in the request for quotations must contain documents confirming the right of the participant in the request for quotations to receive these benefits, or copies of such documents.
If the notice on the implementation of purchases for goods, works, services (included in the lists approved by the Government of the Russian Federation) contains information on the provision of benefits to institutions and enterprises of the penal system and (or) organizations of persons with disabilities, the customer is obliged to provide them with benefits in in relation to the contract price offered by them in the amount of up to 15% in accordance with the procedure established by the Government of the Russian Federation. In accordance with clause 3 of part 2 of article 73 of Law 44-FZ, an application for participation in a request for quotations must contain documents confirming the right of a participant in a request for quotations to receive such benefits, or copies of such documents.
The procurement participant's application is filled in in accordance with the established form (Appendix No. 1 to the notice of the request for quotations). In this form, the participant fills in only the fields specially provided for this, entering additional information and changing the table (if any) (except for the content of the column "Participant's technical proposal") is not allowed.
In clause 1 of the quotation application, the participant shall indicate:

- the name of the procurement participant (Example: "Company with limited liability "Stroy" "," Individual entrepreneur Ivanov II ", or" Ivanov Ivan Ivanovich ");

In clause 2 of the quotation application, the participant shall indicate:

- price (in numbers) (Example: "150,000 rubles 00 kopecks"),

Information about VAT (Example: "price includes VAT", "Including VAT in the amount of ___" (indicating the amount of VAT), "excluding VAT", etc.)

Clause 3 of the quotation order is transferred without changes;
In clause 4 of the quotation order (if any) the participant declares compliance with the requirements of article 4 of the Federal Law No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" dated 24.07.2007. (Compliance with the requirements of Part 1 of Article 31.1 of the Federal Law dated 01.01.1996 No. 7-FZ "On Non-Commercial Organizations")
A table in the form of a quotation request (when making a purchase for the supply of goods), namely, all columns with their names are transferred without changes or additions. The procurement participant fills in only the column "Technical proposal of the procurement participant", which indicates the characteristics of the supplied goods in accordance with technical requirement the customer specified in the column of the same name in the table.
The participant indicates:

- Location (for legal entities), place of residence (for individuals)

Mailing address

Phone fax;

Email address;

TIN of the procurement participant;

Taxpayer identification number of founders, members of the collegial executive body, the person acting as the sole executive body of the participant in the request for quotations.

At the end of the quotation bid, the participant shall indicate:

- FULL NAME. and the name of the position of the head, authorized person of the procurement participant (Example: "director Ivanov II" "head of the sales department Ivanov II" or "Individual entrepreneur Ivanov Ivan Ivanovich", etc.);

Personal signature (to be completed when submitting an application in writing);

Signature transcript (to be filled in when submitting an application in writing);

M.P. (the seal of the participating organization is affixed if an application is submitted in writing on behalf of a legal entity. For an individual, if any.

If the notice establishes advantages for a certain category of persons, the application for participation in the request for quotations must contain documents confirming the right of the procurement participant to receive benefits in accordance with Articles 28-30 of this Federal Law, or copies of such documents:

- for institutions and enterprises of the penal systemdocuments confirming the right of the procurement participant to receive benefits are copies of the constituent documents of the procurement participant and an extract from a single state register legal entities. To confirm the advantages established in the procurement notice, it is sufficient that the procurement participant in accordance with the requirements of Federal Law No. 44-FZ as part of the application provides copies of the constituent documents of the procurement participant and an extract from the unified state register of legal entities;

- for all-Russian public organizations disabled (including those created as unions of public organizations of disabled people) documents confirming the right of the procurement participant to receive benefits are a document (documents) confirming the percentage of disabled workers and their legal representatives (of the total number of members of at least 80% of disabled people);

- for socially oriented non-profit organizations the documents confirming the right of the procurement participant to receive benefits are copies of the constituent documents of the procurement participant. To confirm the advantages established in the notice of procurement, it is sufficient that the procurement participant in accordance with the requirements of Federal Law No. 44-FZ provides copies of the constituent documents of the procurement participant as part of the application.

- small businesses submit a copy of the certificate of entry into the register of small businesses with a mark on the annual confirmation of inclusion in the Register of small businesses or the following documents, copies of documents:

Small businesses - legal entities

Forms of financial statements - Balance sheet (form according to OKUD 0710001) and Profit and Loss Statement (form according to OKUD 0710002) for the two previous calendar years with the mark of the tax authority or the forms provided for by the STS (Tax declaration for tax paid in connection with the application of the STS for the two previous calendar years with a stamp of the tax authority) (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration);

Form KND 1110018 "Information about average headcount employees for the previous calendar year "(for the two previous calendar years) with a stamp of the tax authority (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration);

For joint stock companies - extract from the register of shareholders, certified by the registrar;

For limited liability companies - a list of participants in the company (indicating the citizenship of individuals participating in the company and the shares of participants in the authorized capital);

If the share of participation of one or more legal entities exceeds 25% in the authorized capital of the procurement participant, you must also submit the above documents in relation to legal entities business companies (LLC, JSC, CJSC and others).

Small businesses - individual entrepreneurs

Form KND 1110018 "Information on the average number of employees for the previous calendar year" (for the two previous years) with the mark of the tax authority, (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration );

Declaration for the previous two calendar years on income tax in the form of 3 personal income tax (submitted by individual entrepreneurs applying the general tax regime) (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration) ;

A declaration for the two previous calendar years on the tax paid in connection with the use of the simplified tax system (submitted by individual entrepreneurs using the simplified tax system) (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration);

Declaration for the previous two calendar years for UTII for certain types activities (represented by individual entrepreneurs who pay UTII for certain types of activities) (for small businesses operating for less than two calendar years - for the period that has passed since the date of their state registration).

Appendix No. 1 to the notification

on the request for quotations

Ref. No. ________
"_____" ___________ 201_	To whom
		(Position, full name of the head of the Customer)

QUOTATION APPLICATION

on _________( the customer specifies the subject of the request for quotations )__________
1. Having studied the notice of the request for quotations, _______ (the name of the procurement participant is indicated ) _______________ in the event that we are recognized as winners, it informs us of our agreement to supply goods (perform work, provide services) in accordance with the conditions established in the notice of a request for quotations at the price proposed in this application.

2. Price of goods, works, services: ______________________________ rubles _______ kopecks.

Information about VAT: ______________________________________________________________.

3. We hereby confirm the accuracy of the information provided by us in the application.

4. By this application we confirm that ________________________________________________ __________________________ (the name of the procurement participant is indicated) complies with the requirements of Article 4 of Federal Law No. 209-FZ "On the Development of Small and Medium-Sized Businesses in the Russian Federation" dated July 24, 2007 (it is a socially oriented non-profit organization in accordance with the requirements of Part 1 of Article 31.1 of the Federal Law of 01.01. No. 7-FZ "On non-profit organizations"). (Clause 4 is included in case of procurement from SMP or SONKO).

(The table is included in the case of delivery of goods)

Location (residence): ___________________________________________________________ Mailing address:______________________________________________________________________________ Phone fax:________________________________________________________________________________ Email address: ____________________________________________________________________________ TIN of the procurement participant: ________________________________________________________________________
TIN of founders, members of the collegial executive body, the person acting as the sole executive body of the request participant quotes: _______________________________________________________ ______________________________
___________________________________	_________________________	___________________
FULL NAME. and the name of the position of the head, authorized person of the procurement participant	(personal signature)	(full name)
Note: the procurement participant fills in only the specially designated fields, additional information is not allowed.

application (documents confirming the right of the participant in the request for quotations to receive benefits provided to small businesses (SMEs), socially oriented non-profit organizations (SONCO), or copies of such documents):

For the NSR:

Articles of Association, an extract from the unified state register of legal entities or a notarized copy of such an extract (an extract from the unified state register individual entrepreneurs or a notarized copy of such an extract (for an individual entrepreneur) on ___ l.
Form KND 1110018 "Information on the average number of employees for the previous calendar year" on ___ l.
Tax declaration for tax paid in connection with the application of the simplified taxation system (for legal entities applying the simplified taxation system) or accounting forms - balance sheet (F1) and profit and loss statement (F2) (for legal entities applying common system taxation). A declaration for the previous calendar year on income tax in the form of 3NDFL (for individual entrepreneurs applying the general tax regime) or a declaration for the previous calendar year on tax paid in connection with the application of the simplified taxation system (for individual entrepreneurs applying the simplified taxation system) or declaration for the previous calendar year on the unified tax on imputed income for certain types of activities (for individual entrepreneurs paying UTII for certain types of activities) by ____ l.

For SONKO:

Constituent documents (charter) (Article 14 of the Federal Law of 12.01.1996, No. 7-FZ "On Non-Commercial Organizations") on ___ p. (Requirements for Applications are specified in case of procurement from SMP or SONKO).

application (documents confirming the right of the participant in the request for quotations to receive benefits provided to institutions and enterprises of the penal system (UIS) or organizations of persons with disabilities, or copies of such documents):

Such documents can be:

For UIS:

Charter (extract from the Charter) (Article 5 of the Law of the Russian Federation of July 21, 1993 No. 5473-1 "On institutions and bodies executing criminal punishments in the form of imprisonment") on ___ p.

For disabled people's organizations:

Charter (extract from the Charter) (Article 33 of the Law of the Russian Federation dated November 24, 1995 No. 181-FZ "On social protection disabled people in the Russian Federation ") on ___ p. ... (Requirements for Applications are indicated in the case of granting benefits to the UIS or organizations of persons with disabilities).

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 must not exceed 500 thousand rubles, and the annual volume of purchases carried out by requesting quotations must be less than 10% of the customer's total annual procurement volume and not exceed 100 million rub.

Notification of request for quotations in electronic form

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

It should be freely available for review during the entire application period.

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

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

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

Request for quotations in electronic form

To submit an application, the participant must be registered in the EIS and, accordingly, accredited on the ETP where the purchase takes place.

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

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

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

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

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

submission of quotations in violation of the requirements;

submission of 2 or more applications by one participant;

filing after the date or time of the end of the filing deadline;

receiving 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 a proposal for a contract price or a proposal for a price exceeding NMCK 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 site sends the customer all the 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, the corresponding and inappropriate quotes are determined, and the results are recorded in the minutes of consideration of applications.

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

Failed request for quotations in electronic form 44-FZ

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

If such a procedure is declared invalid on the grounds provided for in Part 14 of Article 82.3, Part 9 of Article 82.4 of FZ-44, then the customer extends the deadline for submitting 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 more than 7 days and no later than 20 days from the date of placement in the EIS of the protocol for considering and evaluating applications

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

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

If the winner has comments on the draft contract, then he posts the protocol of disagreements and within 3 working days the customer reviews it and without his signature adds the 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 site for each procedure no more than 1 time!

The winner must sign a draft contract within 3 days. After that, the customer is also given 3 working days to sign from his side and place it in the EIS.

Also, the winner must provide, together with the signed contract, security for its execution. Usually, a bank guarantee is used for this, the requirements for which are specified by the customer in the tender documents. If the collateral is not provided to the customer, then the winner will be considered as evading!

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

★ Calculation of the guarantee to secure the contract

[bank guarantee calculator]

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

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

The winner avoids 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 of it), within the time period specified in the notification, then such a winner is recognized as evading the contract.

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

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

When conducting a purchase in a printed format, he was obliged to conclude a contract if the winner was recognized as evading.

Complaint to FAS in an electronic request for quotations

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 the protocol of consideration and evaluation of applications is placed in the EIS.

LLC MCC "RusTender"

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The provisions of Part 2 of Art. 24 of the Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - FZ No. 44), an exhaustive list of competitive ways definitions of a supplier (contractor, executor) that can be used by customers when making purchases. Among the methods of procurement listed request for quotes.

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

In accordance with Part 1. Art. 72 FZ No. 44 under request for quotes means a method for determining a supplier (contractor, executor), in which information about goods, works or services purchased to meet state or municipal needs is communicated to an unlimited number of persons by placing a notice of a request for quotations in a unified information system (hereinafter - EIS), and the winner of the request quotes the procurement participant who has offered the lowest contract price is recognized.

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

Advantages of requesting a quote for a customer:

short terms of the procurement (the entire procurement procedure, together with the publication of the notice, the formation of the protocol and the signing of the contract, can be carried out in 12-16 working days);
one-piece;
does not require the development of voluminous procurement documentation;
no need to clarify the provisions of the notice;
minimum time spent on consideration of bids (as opposed to tenders, electronic auction and request for proposals);
formation of just one protocol based on the results of determining the supplier (contractor, performer).

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

in the application except detailed information the supplied goods do not need to attach constituent documents, an extract from tax office (Unified State Register of Legal Entities / EGRIP), a decision to approve or conclude a major transaction, etc .;
no need to stitch, number the sheets of the application;
you do not need to purchase an enhanced electronic signature from an accredited certification center to submit an application in writing;
you do not need to provide the application security;
do not apply anti-dumping measures if the contract price is reduced by more than 25%.

Speaking about the advantages of this method of determining the supplier (contractor, performer), do not forget about his disadvantages. In the request for quotations, the main criterion for choosing the winner is the lowest price offer (provided that the procurement participant's application meets the requirements of the notification), no other evaluation criteria are used. Obviously, this is a rather dangerous approach, which in practice can lead to serious problems for the customer at the stage of fulfillment of obligations under the contract by the supplier (contractor, performer), since. low price - this is not always a guarantee of delivery of goods proper 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 purchases. The total cost of purchases made using this method should not exceed 100 million rubles.

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

The procedure for requesting quotations

NMCK	Up to 250,000 rubles.	Up to RUB 500,000
Application deadlines	Not< 4 work.	Not< 7 work. days before the deadline for applications.
Application form	Written form in a sealed envelope, Electronic form.
Purchase object	Any product, work, service.
Number of lots	Only 1
Actions	Changes to the notice	No later than for 2 slaves days before the expiration date of the application period. 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\u003e 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 of article 36 of the Federal Law No. 44).
	Clarification 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 the request was received.
	Change, withdrawal of the application	The procurement participant has the right change or withdraw your application before the deadline for submission of applications only on condition that the customer was changes made in the purchase notice.
Contract term	Not earlier than through 7 days not later than through 20 days.

Step 1: search for purchases

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

For the procurement participant's specialist to successfully search for procurements, it is necessary to fill in (at least) the following fields of the search form presented on www.zakupki.gov.ru:

- purchase name (for example, "split system", "household chemicals", "rendering educational services", "Maintenance");

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

- indicate the stage of purchase "Submission of applications".

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

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

Step 2: submitting and processing the application

The procurement participant, who is preparing an application for participation in the request for quotations for the first time, should take into account that the submitted application must fully comply with the requirements established in h. 3 tbsp. 73 FZ No. 44, since otherwise there is a possibility of its rejection by the customer and the procurement commission. It is recommended to carefully read the procurement notice, the terms and conditions set out in the draft contract, to familiarize yourself with the requirements for filing the application, specified not only in the notice, but also directly in the Federal Law No. 44. When preparing any application for participation in the procurement, each is important trifle.

Any interested person can submit an application for a request for quotations within the time limits set in the notification.

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

In accordance with Part 2 of Art. 77 ФЗ № 44, the application can be filed in writing in a sealed envelope or in the form of an electronic document... The form for submitting a quotation application is determined at the discretion of the procurement participant, but in fact, until the EIS begins to operate, customers do not accept applications for a request for quotations in the form of an electronic document, which is most often noted in the notice of the procurement. But despite this, some customers allow submitting an application for a request for quotations in the form of an electronic document to an e-mail address, provided it is signed enhanced unqualified electronic signature.

Content of the application

The application for participation in the request for quotations is drawn up 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 ФЗ № 44, the application for participation in the request for quotations must contain:

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

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

Note.Consent is provided in any form, as a rule, the customer in the standard application form prescribes the standard text "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 the goods should be formulated as accurately as possible and should not be accompanied by enumerations (for example, "either red", "or blue", "or green"), intermediate values \u200b\u200b("from" and "to", "From" and "to", for example, "cabinet height from 175 cm to 185 cm") and the words "or equivalent", unless the specific value for a particular characteristic is a range, since the customer is obligatory must know what kind of goods will be delivered to him based on the results of determining the supplier (contractor). The procurement participant, when preparing the application, must offer for delivery goods with such characteristics that do not go beyond the ranges established by the customer in the purchase 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 in the quotation bid, but if the standard application form contains such a requirement, then it should be observed in order to avoid risks of rejection of the procurement participant's bid.

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

Note.In this case, the procurement participant - the organization of the penal system - must provide as part of the application in any form a requirement that he claims to receive benefits in accordance with Art. 28 FZ No. 44 (clause 2 Resolution 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 persons with disabilities acts as a participant in the procurement, then on the basis of clause 4. Decree of the Government of the Russian Federation of April 15, 2014 No. 341 "On providing benefits to organizations of persons with disabilities when determining a supplier (contractor, executor) in relation to the contract price they offer" Such an organization of persons with disabilities, recognized as the winner, presents to the customer a request, drawn up in an arbitrary form, for the provision of benefits after summing up the results of the purchase. Thus, in order to comply with the norm established in paragraph 3 of Part 3 of Art. 73 ФЗ № 44, the procurement participant must attach as part of the quotation application, for example, a copy of the charter, indicating that it belongs to this category of entities.

5) Taxpayer identification number (hereinafter - TIN) in the presence of:

TIN of founders;

TIN of members of the collegial executive body, person;

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

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

6) Declaration of belonging of the participant in the request for quotations to small businesses (hereinafter - SMP) and socially oriented non-profit organizations (hereinafter referred to as SONKO) in the event that the customer establishes the restrictions provided for by Part 3 of Art. 30 FZ No. 44.

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

7) Documentsconfirming the conformity of the quotations of goods, work or services offered by the participant of the request to the admission conditions, prohibitions on admission, admission restrictions in the event that such conditions, prohibitions, restrictions are established by the customer in the notice of the request for quotations in accordance with Art. 14 ФЗ № 44, or certified copies of these documents.

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

The customer is not allowed to require the participant to provide other documents and information, with the exception of the above.

Paperwork

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

The completed application is packed in an envelope, sealed, the envelope should indicate: the number of the notice, the name and address of the customer, and it is desirable to indicate until what time the envelope with the application should not be opened. It is recommended to do this in order to avoid opening the envelope earlier than the deadline, for example, by the secretary of the customer's organization, who, as a rule, deals with the 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 the moment of opening. Therefore, it is recommended in this issue maintain confidentiality before opening by the commission for the procurement of envelopes with applications.

Step 3: the procedure for accepting applications

A quotation application can be sent to the customer's address by mail or delivered in person to the address indicated in the notification. It should be borne in mind that if the representative of the procurement participant personally delivers the quotation, then he must have available passport and power of attorney for the right to submit an application on behalf of the procurement participant.

Moreover, in accordance with Part 3 of Art. 77 ФЗ № 44, the application must be registered by the customer in the register of applications. Refusal to accept and register an envelope with such an application, which does not indicate information about the person who submitted it, and the customer's requirement to provide this information is not allowed.

The legislator obliges the customer to ensure the safety of envelopes with submitted applications, their security, inviolability and confidentiality. In addition, the customer is obliged to ensure that applications are considered only after the envelopes with such applications are opened. Persons storing envelopes with quotation bids shall not be entitled to damage these envelopes until they are opened. For such a violation of the requirements, the guilty persons are liable under the law.

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

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

Step 4: change and withdraw the application

Modify and revoke quotation application the procurement participant is not entitled, unless the customer has made changes to the notice. Thus, if the procurement participant has such a need, one should be guided by the norms established in Part 1 of Art. 77 ФЗ № 44.

Note. If the procurement participant has a need to revoke the application, and the customer did not make changes to the procurement notice, then in this case, you can use the rule specified in part 4 of Art. 78 of the Federal Law No. 44, according to which, in the event that one participant in the request for quotations has been established to submit two or more applications for participation in the request for quotations, provided that such applications submitted earlier by this participant are not withdrawn, all applications to participate in the request for quotations submitted by this participant, are not considered and returned to him.

Step 5: making a purchasing decision and determining a winner

Opening all received envelopes with quotation bids, as well as consideration and evaluation of such applications is carried out in one day.

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

Immediately before opening envelopes with bids, the quotation commission is obliged to announce to the participants in the request for quotations who are present at the opening, about the additional possibility of filing applications. Such an action is aimed at providing an additional chance to participate in the request for quotes to those participants who did not have time to submit applications within the time frame established by the notification.

When opening envelopes with bids, the Quotation Commission announces the following information:

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

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

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

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

All grounds for rejection of quotation bids are defined in Part 7 of Art. 78 ФЗ № 44. The Procurement Commission does not consider and rejects applications if:

applications do not meet the requirements, set in the notice;
price offered in bids product, work or service exceeds NMCK, specified in the notice;
the participant in the request for quotations did not provide documents and information, provided for by Part 3 of Art. 73 FZ No. 44.

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

Based on the results of consideration and evaluation of applications a protocol is drawn up. The formed protocol of 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 EIS.

Thus, the procurement participant should monitor the results of the request for quotations on the Official website www.zakupki.gov.ru, i.e. follow the placement of the protocol to find out who won the procurement.

Note that according to Part 10 of Art. 78 ФЗ № 44, any participant in the request for quotations who submitted an application for participation, after posting the protocol of 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 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 working days from the date of receipt of the specified request.

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

Step 6: concluding a contract

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

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

If the purchase notice provided for the need to provide enforcing the contract, it should be remembered that simultaneously with the signed contract, the procurement winner or the participant with whom the contract is concluded in the event of the winner evading, 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 ФЗ № 44 may act bank guarantee or payment order, confirming deposit money to the customer's account in the established amount.

If, after the customer has sent the draft contract for signature to the winner of the purchase, the winner has not submitted a signed contract or a document confirming the security of obligations under the contract within the time period specified in the notification, then such a winner is recognized evaded contract (part 11 of article 78 of the Federal Law No. 44).

If the winner of the request for quotations is recognized as having evaded the conclusion of the contract, the customer may, at his discretion go to court with a claim for damages, caused by evading a contract, and sign a contract with a participant request for quotes, offering the same like the winner of the request for quotation, contract price,or in the absence of such a participant with a participant whose contract price proposal contains the best condition for the contract price following the request for quotations proposed by the winner, if the contract price does not exceed the NMCK specified in the notice of the request for quotations.

If a similar offer followed from the customer to the participants specified above, then conclusion of a contract for them is required. In case of evasion of these participants from the conclusion of the contract the customer has the right to go to court with a claim for damages, caused by evasion of the contract, and re-request for quotations.

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

Recognition of the request for quotations invalid

If, based on the results of the purchase, the request for quotations is declared invalid, then in accordance with Part 1 of Art. 79 FZ No. 44 customer signs a contract with sole supplier (contractor, performer) according to clause 25, part 1 of Art. 93 FZ No. 44.

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

1) if at the end of the deadline for submission of 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 notification;

2) if, based on the results of consideration of applications for participation in the request for quotations only one application is considered compliantthe requirements of Federal Law No. 44 and the requirements specified in the notification.

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

Also, the request for quotations is considered invalid if:

quotation commission all submitted applications were rejected;
no applications submittedfor 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 expiration date of the submission of such applications, places in the EIS notice of extension applications.

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

In addition, the Unified Center for Public Procurement Consulting recommends that potential procurement participants, for their part, always 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, before preparing an application. Perhaps, in this part, some changes were made to the law, and knowledge of this will help to correctly prepare an application, thereby reducing the risks of its rejection by the procurement commission.

Svetlichnaya Lilia Alekseevna,

specialist of the Unified Center for Public Procurement Consulting (www.site)

YTC "Landmark"

05.08.2015

Do you still have questions about how to apply for a quote request? You can on this topic specialists of the ECHS.

Is the customer obliged to accept quotation bids in electronic form, sent to the customer's e-mail address, before the introduction of the unified information system?
Is it possible to indicate in the notification that only applications for hard copy?

Unfortunately, current legislature does not allow to give an unambiguous answer to the question asked. Deciding on specific situation will depend on the position of the regulatory authorities and courts operating in the customer's region. Let us explain in more detail.

By virtue of Part 1 of Art. 5 of the Law on the contract system, within the framework of relations regulated by this law, it is allowed to exchange electronic documents provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement between participants in the contract system in the field of procurement, including filing applications for participation in determining the supplier, contractor, contractor (hereinafter referred to as the counterparty), final proposals. In this case, these applications, final proposals and documents must be signed with an enhanced electronic signature and submitted using a unified information system. However, to date, the EIS has not been put into operation, therefore, it is objectively impossible to submit an application in the form of an electronic document using this system. At the same time, the transitional provisions of the Law on the Contract System for all cases of procurement established only a temporary procedure for posting information that must be placed in the EIS (part 2 of article 112 of the Law on the Constitutional Court). Transitional provisions are provided for the electronic filing procedure only for electronic auctions - they are conducted according to the old rules (part 10 of article 112 of the Law on the Constitutional Court). 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 contain.

In connection with the above, the Ministry of Economic Development of Russia in a letter dated 06.05.2014 No. 10070-EE / D28i explained that the Law on the Constitutional Court does not provide for filing applications in the form of an electronic document via e-mail. In addition, the submission of applications via e-mail does not allow ensuring the security, inviolability and confidentiality of such applications and their consideration only after opening access to them at a specified time, which contradicts the provisions of Part 4 of Art. 77 of the Law on the Constitutional Court. Therefore, before the EIS is put into operation, the submission of applications in the form of an electronic document is unacceptable (see also paragraph 67 of the letter of the Ministry of Economic Development of Russia No. D28I-1889 dated September 30, 2014). However, we recall that the Ministry of Economic Development of Russia is not endowed with the competence to clarify the legislation of the Russian Federation.

As for the FAS Russia, which monitors compliance with the legislation on the contract system and provides legal and individuals clarifications on issues within its competence (subclause 5.3.1.12, clause 5, subclause 6.3, clause 6 of the Regulation on the Federal Antimonopoly Service, approved by Decree of the Government of the Russian Federation No. 331 of June 30, 2004), then its position on the issue of submitting a quotation application in the form of an electronic document is ambiguous.
So, in the decision of the FAS Office for the Novosibirsk Region dated 05/12/2014 No. 08-01-147, it is indicated that submitting a quotation application to the email address specified by the customer in the notification is the proper way to submit an application in electronic form. In another case, the territorial body of FAS Russia indicated that the Law on the Constitutional Court does not provide for such a method of submitting a quotation application in electronic form, as submitting it to an e-mail address. Accordingly, by placing a notice of a request for quotations containing information on the possibility of submitting bids of procurement participants to the customer's email address, and not through the EIS, the customer violated the requirements of the Law on the Constitutional Court (decision of the Omsk OFAS Russia dated 25.03.2014 in case No. 03-10.1 / 90 -2014).

At the same time, we note that Part 5.2 of Art. 112 of the Law on the Contract System establishes that an electronic document that is signed with an electronic signature, the verification key of which is contained in the electronic signature verification key certificate issued federal body executive power exercising law enforcement functions on cash services execution of budgets budgetary system RF, is recognized as an electronic document signed with a reinforced unqualified electronic signature, for the purposes of this Law during the validity period of the specified certificate, but no later than the date of commissioning of the EIS. In other words, the Law on the Contract System directly permits the submission during the transitional period of documents bound electronic signatures, and this rule is applied for the purposes of the Law on the Constitutional Court as a whole, and not only for the purpose of conducting electronic auctions. In addition, an exhaustive list of grounds for rejecting a quotation order, contained in Part 7 of Art. 78 of the Law on the CC, does not contain such a basis for rejecting an application for participation in the determination of counterparties, as “filing an application in the form of an electronic document without using the EIS”.

In this case, clause 2 of part 1 of Art. 73 of the Law on the Constitutional Court it is established that the notice of the request for quotations must contain the application form for participation in the request for quotations, including submitted in the form of an electronic document. In accordance with the requirements established by Part 2 of Art. 77 of the CC Law, an application for participation in a request for quotations is submitted to the customer in writing in a sealed envelope that does not allow viewing the contents of such an application before opening the envelope, or in the form of an electronic document before the date and time of opening envelopes with applications for participation in the request for quotations and opening access to the applications for participation in the request for quotations submitted in the form of electronic documents, specified in the notice of the request for quotations. In other words, the Law on the Contract System establishes the possibility of filing an application in two forms: in writing or in the form of an electronic document. Accordingly, the establishment of only one application form in the notice of the request for quotations can be regarded by the regulatory authorities as a violation of the Law on the Contract System. So, OFAS on Vologda region in its decision indicated that competition implies the rivalry of economic entities, and the customer, when carrying out procedures, should not give an advantage to some participants over others. Since Russia is a single economic space, in the case of accepting quotation bids on paper, an advantage is given to some participants over others: a participant from the same region has a better chance of submitting an application than a participant from another region. In connection with the above, the OFAS notes that since the procurement participant does not have the opportunity to register on the official website and submit an application through it, but at the same time, it is necessary to comply with the legislation of the Russian Federation on the contract system, be guided by the goals and principles procurement activities, then it is necessary to provide an opportunity for participants to submit applications in electronic form to the customer's e-mail address prior to the commissioning of a unified information system. However, the procedure for fulfilling this obligation is more a technical issue than a legal one.

Due to the fact that the position of the FAS Russia on the issue of submitting quotation bids for email is very controversial; unfortunately, it is not possible to give an unambiguous answer to the question.

Experts of the legal consulting service "Garant"
Natalia Pavlova, Artem Barseghyan

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