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

(introduced federal law dated December 31, 2017 N 504-FZ)

ConsultantPlus: note.

From 07/01/2018 to 01/01/2019 to participate in electronic form in tenders, request for proposals, request for quotations, the procurement participant receives accreditation for electronic platform in the manner prescribed 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 site.

State order. Quote request.

The application for participation in the request for quotations in electronic form consists of the proposals of the participant in the request for quotations in electronic form on the proposed product, work, service, as well as on the price of the contract. Such an application is sent by the participant of 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 has the right to submit an application for participation in such a request at any time from the moment a notice of its holding is placed until the date and time specified in the notice of a request for quotations in electronic form, the deadline for filing applications for participation in such a request.

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 moment of receipt of the application for participation in the request for quotations in electronic form, the operator of the electronic site is obliged to assign an identification number to it and confirm it in the form electronic document sent to the participant of such a request who submitted the specified application, its receipt indicating the identification number assigned to it.

6. Within one hour from the moment of receipt of the application for participation in the request for quotations in electronic form, the operator of the electronic site returns the specified application to the participant in the request for quotations in electronic form that submitted it in the following cases:

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 bids for participation in it, provided that the bids submitted earlier by this participant are not withdrawn. In this case this participant all applications for participation in such a request are returned;

3) receipt of the application after the date or time of the deadline for filing 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) submission by a participant of such a request of an application that does not contain a contract price offer or contains a contract price offer that exceeds the initial (maximum) contract price or is equal to zero;

6) the presence in the register of unscrupulous suppliers (contractors, executors) 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 performing the functions of the sole executive body of the procurement participant - a legal entity, subject to the establishment by the customer of the requirement provided for by 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 site on other grounds, except for 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 site is obliged to notify in the form of an electronic document the participant in 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 the 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, performance of work or provision of services on the terms provided for in the notice of the request for quotations in electronic form and not subject to change based on the results of the request for quotations in electronic form (such consent is given using software electronic platform hardware);

2) when purchasing goods or purchasing work, services, for the performance, provision 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 that are subject to the said regulatory legal acts, or copies of such documents. If the specified regulatory legal acts provide for the provision of a declaration on the country of origin of the goods or on the country of origin and the 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 is equated to an application that contains an offer 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 established 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 the notice of the request for quotations in electronic form does not indicate a trademark or if the procurement participant offers a product that is marked with a trademark other than the trademark specified 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), postal address of a participant in such a request, contact phone number, taxpayer identification number of a participant in such a request or, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of a participant in such a request (for foreign person), taxpayer identification number (if any) of the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the participant in such a request;

4) 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 paragraphs 1, 3 - 9 of Part 1 of Article 31 of this Federal Law;

b) on the right of a 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 a participant in the request for quotations in electronic form declared that he received these benefits (if necessary);

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

10. It is not allowed to demand from the participant in the request for quotations in electronic form the provision of other information and electronic documents, except for the information and electronic documents provided for by this article.

11. Within one hour from the date and time of the deadline for filing applications for participation in the request for quotations in electronic form, the operator of the electronic site shall ensure that all applications submitted for participation in such a request, as well as information and electronic documents of participants in the request for quotations in electronic form, are sent to the customer 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 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 deadline for submitting applications for participation in such a request, by sending a notification to the operator of the electronic site.

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

14. In the event that at the end of the deadline for filing applications for participation in the request for quotations in electronic form, only one application for participation in such a request has been submitted or not a single such application has been submitted, the request for quotations in electronic form is recognized as failed.

Procedure for submitting quotation bids in electronic form

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

1. When submitting an application in the form of an electronic document, the participant in the order placement fills in a quotation application in in electronic format in accordance with the quotation bid 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 paper original of the quotation bid. An application in the form of an electronic document must be signed electronically digital signature(EDS) in accordance with the requirements of the Federal Law Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 08, 2007) "On electronic digital signature". The email with the quotation order file(s) must also be accompanied by:

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

EDS certificate file with which the quotation order is signed;

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

The file of the list of revoked certificates of the CA that issued this EDS, the validity period of which expires no earlier than the deadline for submitting quotation bids, and the body of the letter must contain a link to the Internet site where the CA hosts such a file for general access.

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

Note: you can purchase the required EDS, which complies with all legal norms, at LLC "ITK"

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

4. Shape email accompanying the Quotation Order signed with EDS.

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

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

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

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

Request for quotations in electronic form: submission through the EIS

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

According to paragraph 2 of article 46 of 94-FZ, “in the case of filing a quotation bid in the form of an electronic document, the customer, the authorized body must send it to writing or in the form of an electronic document to the bidder who submitted such a bid, confirmation of receipt of such bid." Please acknowledge receipt of our quotation bid.

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

In accordance with the Procedure for using the unified information system in the field of procurement (Approved by order of the Federal Treasury of December 30, 2015 N 26n), files of the following formats are placed in the unified information system: 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
USING A UNIFIED INFORMATION SYSTEM IN THE FIELD OF PROCUREMENT

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 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:

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

Supervisor
R.E.ARTYUKHIN

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

ORDER
USING A UNIFIED INFORMATION SYSTEM IN THE FIELD OF PROCUREMENT

I. General provisions

1.1. This Procedure for using a unified information system in the field of procurement (hereinafter, respectively, the Procedure, a unified information system) establishes the rules for using a unified information system by participants in a contract system in the field of procurement, as well as other persons using a unified information system to implement 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" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2013, N 14, Art. 1652; N 27, Art. 3480; N 52, Art. 6961; 2014, N 23, Art. .

The first application for a request for quotations: where to start and how to properly prepare?

2925; No. 30, Art. 4225; No. 48, Art. 6637; No. 49, Art. 6925; 2015, N 1, art. 11, 51, 72; No. 10, Art. 1393, 1418; No. 14, Art. 2022; No. 27, art. 4001; No. 29, art. 4342, 4346, 4352, 4353, 4375) and Federal Law No. 223-FZ of July 18, 2011 "On Procurement of Goods, Works, Services by Certain Types of Legal Entities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 30, Art. 4571 ; N 50, item 7343; 2012, N 53, item 7649; 2013, N 23, item 2873; N 27, item 3452; N 51, item 6699, N 52, item 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 a 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 information resource the official website of the unified information system in the information and telecommunications network "Internet" (hereinafter, respectively - the official website of the unified information system, users of the official website of the unified information system), requirements for the exchange of information, information and documents 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 (periodicity) of information transmission via telecommunication channels within the framework of such an exchange.

1.2. The unified information system hosts 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 a unified information system by subjects of a 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 procedure of registration and authorization in the unified information system.

2.2. Registration of subjects of a unified information system is carried out in accordance with the procedure established in accordance with subparagraph "b" of paragraph 1 of 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" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2014, N 40, Art. 5445) (hereinafter referred to as the Registration Procedure in the Unified Information System).

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

- formation and placement, including in interaction with other information systems, of information, information and documents provided for by Federal Law No. 44-FZ and Federal Law No. 223-FZ;

- exchange of electronic documents in a single information system, in cases provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement;

- view electronic journal accounting for actions and operations in a single information system, obtaining extracts from it.

III. Rules for using 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 the 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 the unified information system;

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

IV. Rules for using 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 transfer via telecommunication channels as part 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, data and documents (hereinafter - information exchange) between regional and municipal information systems in the field of procurement with a single information system is carried out after registration of regional and municipal information systems in the field of procurement in a single information system in accordance with the Procedure for registration in a single 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 cases established by federal laws and regulatory legal acts adopted in accordance with them, using a combination of information technologies used for the purpose of placing (providing) information, information and documents in a single information system by users of regional and municipal information systems in the field of procurement and aimed at obtaining information, information and documents contained in regional and municipal information systems in the field of procurement by a single information system, control, including the legal significance of the received information, data and documents, and placement in the unified information system of the received information, data and documents.

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 observing the completeness and reliability of the information provided, information and documents received, processed and placed as part of the 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 via 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 single information system must be carried out within a timeframe 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 about the results of the transfer of information from regional and municipal information systems in the field of procurement to a single information system should be carried out no later than 6 hours after the transfer of such information to a single information system.

Quotation applications in the EIS in electronic form

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

Preparing and submitting an application

An application for participation in the request for quotations may 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.

An 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 has more than one sheet, all sheets of the application and all documents included in it must be bound 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 a procurement participant, indicating the position, decoding of the signature (initials, surname), and (if available in the manner prescribed by law) sealed by the procurement participant.
The authority of a person to act on behalf of a procurement participant (legal entity) is confirmed by a copy of the decision to appoint or elect or an order to appoint 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 authority of such a person.
An application in the form of an electronic document must contain an enhanced electronic signature (hereinafter referred to as the ES) of an authorized person of the procurement participant, created and issued by a certification center that has received accreditation for compliance with the requirements of the Federal Law of the Russian Federation of April 6, 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 start of the validity 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 be no 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 format version 9.0 and below (pdf file type), archive formats zip, rar.
The application for participation in the request for quotations in the form of an electronic document, signed by the ES, is sent to the address specified in the notice of the request for quotations. In the "Subject" field of the message, write "Application for participation in the request for quotations on ___________________". An application for participation in the request for quotations sent by e-mail is considered submitted before the deadline for submitting applications for participation in the request for quotations, if it was received by the customer's mail server before the end 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. If the customer has 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 deadline for submitting applications for participation in the request for quotations.
The application for participation in the request for quotations, submitted within the time period specified in the notice of the request for quotations, is registered by the customer. At the request of the procurement participant who submitted the 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 are not considered and are returned to the persons who submitted such applications on the day they are received.
When conducting a request for quotations for the provision of emergency, including emergency specialized, medical care in an emergency or emergency form and normal life support for citizens, an application for participation in the request for quotations filed by a person, a claim for termination of the contract with which is filed with the court, is also subject to return if the court has 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 emergency, including emergency specialized, 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 a violation of their normal life support.

Application content

The information contained in the application of the procurement participant must be unambiguous and not allow ambiguous interpretations. When providing information on the functional characteristics (consumer) properties and quality characteristics of the product, clear parameters and other characteristics of the product that is proposed to be delivered must be indicated. When filling out an application for participation in the request for quotations, the Participant shall indicate the name of the product with an indication of a specific trademark, brand, model, modification, etc. in the column "name of goods". unaccompanied by the word "or equivalent". Otherwise, such an application is considered inconsistent with the requirements of the notice of the 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 their affiliation with small businesses (hereinafter referred to as SMEs) and socially oriented non-profit organizations (hereinafter referred to as SONCOs), if the notice of the request for quotations establishes a restriction on participants, which can only be SMEs and SONCOs . In addition, in accordance with clause 3, part 2, article 73 of Law 44-FZ, an 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 of procurement in respect of 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 penitentiary system and (or) organizations of disabled people, the customer is obliged to provide them with benefits in in relation to the contract price they offer 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, part 2, 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 application of the procurement participant 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 "Technical proposal of the participant") is not allowed.
In clause 1 of the quotation bid, the participant shall indicate:

- name of the procurement participant (Example: “Company with limited liability“Stroy”, “Individual entrepreneur Ivanov I.I.”, or “Ivanov Ivan Ivanovich”);

In paragraph 2 of the quotation bid, 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), “without VAT”, etc.)

Clause 3 of the quotation order is transferred without changes;
In clause 4 of the quotation bid (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 July 24, 2007. (compliance with the requirements of Part 1 of Article 31.1 of the Federal Law of January 1, 1996 No. 7-FZ “On Non-Commercial Organizations”)
A table in the form of a quotation bid (when making a purchase for the supply of goods), namely, all columns with their names are transferred without changes and additions. The procurement participant fills in only the column "Technical proposal of the procurement participant", in which he indicates the characteristics of the goods supplied in accordance with technical requirement customer specified in the same column of the table.
The participant specifies:

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

Mailing address

Phone fax;

Email address;

TIN of the procurement participant;

Identification number of the taxpayer of the 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, the authorized person of the procurement participant (Example: "Director Ivanov I.I." "Head of the Sales Department Ivanov I.I." or "Individual Entrepreneur Ivanov Ivan Ivanovich", etc.);

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

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

M.P. (The seal of the participating organization is affixed if the application is submitted in writing on behalf of a legal entity. An individual, if available.

If the notice establishes benefits for certain categories of persons, then 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 penitentiary system documents confirming the right of the procurement participant to receive benefits are copies of the constituent documents of the procurement participant and an extract from the unified state register legal entities. To confirm the benefits 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 and an extract from the unified state register of legal entities as part of the application;

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

- for socially oriented non-profit organizations documents confirming the right of the procurement participant to receive benefits are copies of the constituent documents of the procurement participant. To confirm the benefits 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 in the register of small businesses with a note on the annual confirmation of inclusion in the Register of small businesses or the following documents, copies of documents:

Small business entities - 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 a mark from the tax authority or the forms provided for by the simplified tax system (Tax return for tax paid in connection with the application of the simplified tax system for the previous two calendar years with a note from the tax authority) (for small businesses operating for less than two calendar years - for the period that has passed from the date of their state registration);

Form KND 1110018 "Information on average headcount employees for the previous calendar year" (for the previous two calendar years) with a note from the tax authority (for small businesses operating for less than two calendar years - for the period elapsed from the date of their state registration);

For joint-stock companies– an 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, it is also necessary to submit the above documents in relation to legal entities business companies(LLC, OJSC, CJSC and others).

Small business entities - individual entrepreneurs

Form KND 1110018 "Information on the average number of employees for the previous calendar year" (for the previous two years) with a note from the tax authority (for small businesses operating for less than two calendar years - for the period elapsed from the date of their state registration );

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

Declaration for the previous two calendar years on tax paid in connection with the application of the simplified tax system (submitted by individual entrepreneurs applying the simplified tax system) (for small businesses operating for less than two calendar years - for the period elapsed from the date of their state registration);

Declaration for the previous two calendar years on UTII for certain types activities (represented by individual entrepreneurs paying UTII for certain types of activities) (for small businesses operating for less than two calendar years - for the period elapsed from the date of their state registration).

Appendix No. 1 to the notice

on the request for quotations

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

QUOTATION APPLICATION

on the _________( the customer indicates 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 ) _______________ if we are recognized as the winners, informs about the agreement to supply the goods (perform works, provide services) in accordance with the conditions established in the notice of the request for quotations at the price proposed in this application.

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

VAT information: ______________________________________________________________.

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

4. With 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” of 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 January 1, 1996 No. 7-FZ "On non-profit organizations"). (clause 4 is included in case of purchase from SMP or SONKO).

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

Location (place of residence): ___________________________________________________________ Mailing address:______________________________________________________________________________ Phone fax:________________________________________________________________________________ E-mail address:______________________________________________________________________________ TIN of the procurement participant: ______________________________________________________________________________
TIN of the founders, members of the collegial executive body, person acting as the sole executive body of the request participant quotations: ________________________________________________________ ______________________________
___________________________________	_________________________	___________________
FULL NAME. and the title of the position of the head, authorized person of the procurement participant	(personal signature)	(full name)
Note: the procurement participant fills in only the fields specially designated for this, entering 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 (SONCOs), or copies of such documents):

For SMP:

Charter, extract from the Unified State Register of Legal Entities or a notarized copy of such an extract (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" for ___ l.
Tax return for tax paid in connection with the application of the simplified taxation system (for legal entities applying the simplified taxation system) or accounting reporting forms - balance sheet (Form 1) and income statement (Form 2) (for legal entities applying common system taxation). Declaration for the previous calendar year on income tax in the form of 3NDFL (for individual entrepreneurs applying the general taxation regime) or 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 single 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 January 12, 1996 No. 7-FZ “On Non-Commercial Organizations”) on ___ sheets. (Requirements for Annexes are specified in case of purchase from SMP or SONCO).

Application (documents confirming the right of the participant in the request for quotations to receive benefits provided to institutions and enterprises of the penitentiary system (penal system) or organizations of the disabled, 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 penalties in the form of deprivation of liberty”) for ___ l.

For organizations of the disabled:

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") by ___ l. . (Requirements for Applications are specified in case of granting benefits to the penitentiary system or organizations of persons with disabilities).

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

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

Notification of the request for quotations in electronic form

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

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

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

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

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

Application for request for quotations in electronic form

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

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

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

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

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

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

submission of a quotation in violation of the requirements;

submission by one participant of 2 or more applications;

filing after the filing deadline date or time;

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

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

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

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

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

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

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

Failed request for quotations in electronic form 44-FZ

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

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

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

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

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

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

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

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

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

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

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

★ Guarantee calculation to secure the contract

[bank guarantee calculator]

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

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

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

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

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

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

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

Complaint to the FAS in an electronic request for quotations

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

LLC MCC "RusTender"

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The provisions of Part 2 of Art. 24 of Federal Law No. 44-FZ of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law No. 44) defines an exhaustive list competitive ways definitions of the supplier (contractor, performer) that can be used by customers when making purchases. Among the above methods of procurement is indicated quote request.

In this article, which is more focused on procurement participants who want to understand the issues of participation in the request for quotations and 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, from the search for procurement on the topic of interest to the conclusion of a contract.

In accordance with Part. 1. Art. 72 FZ No. 44 under request for quotations means a method of determining a supplier (contractor, performer), in which information on goods, works or services purchased for state or municipal needs is communicated to an unlimited number of persons by posting a notice of a request for quotations in a single information system (hereinafter referred to as the UIS), and the winner of the request quotes the procurement participant who 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 in conducting a request for quotations for the customer:

short terms of procurement (the entire procurement procedure, together with the publication of a notice, the formation of a protocol and the signing of a contract, can be completed in 12-16 business days);
single lot;
does not require the development of voluminous procurement documentation;
no need to clarify the provisions of the notice;
minimum time spent on consideration of applications (as opposed to tenders, an auction in electronic form and a request for proposals);
formation of only one protocol based on the results of determining the supplier (contractor, performer).

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

included in the application except detailed information about the delivered goods, it is not necessary to attach constituent documents, an extract from the tax office (EGRLE / EGRIP), a decision on approval or on a major transaction, etc .;
no need to staple, number application sheets;
no need to purchase an enhanced electronic signature from an accredited certification center to submit an application in writing;
no need to provide application security;
do not apply anti-dumping measures in case of contract price reduction by more than 25%.

Speaking about the advantages of this method of determining a supplier (contractor, performer), one should not forget about its shortcomings. In the request for quotations, the main criterion for selecting the winner is lowest price offer (subject to the compliance of the procurement participant's application with the requirements of the notice), 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 good quality, performance of work and provision of services through the use of quality materials, etc.

Features of the request for quotations

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 by this method should not exceed 100 million rubles.

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

Procedure for requesting quotations

NMCC	Up to 250,000 rubles.	Up to 500,000 rubles.
Application deadlines	Not< 4 work	Not< 7 work days before the application deadline.
Application Form	Written form in a sealed envelope, Electronic form.
Purchasing object	Any product, work, service.
Number of lots	Only 1
Actions	Making changes to the notice	No later than for 2 work days prior to the application deadline. If the amount< 250 000 руб., срок подачи заявок продлевается так, чтобы с даты размещения изменений до даты окончания приема заявок такой срок составлял не менее чем 4 раб. дня. If the amount is > 250,000 rubles, but< 500 000 руб., срок подачи заявок продлевается так, чтобы с даты размещения изменений до даты окончания приема заявок такой срок составлял не менее чем 7 раб. дней.
	Purchase Cancellation	No later than in 2 days before the deadline for filing applications (part 1 of article 36 of the Federal Law No. 44).
	Explanation of procurement results	An explanation of the results of consideration and evaluation of applications is provided by the customer within 2 working days. days from the date of receipt of the request.
	Change, withdrawal of the application	The procurement participant has the right change or revoke its application before the deadline for submission of applications only on the condition that the customer was changes made in the purchase notice.
The term of the contract	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 site's advanced search functionality, which provides the ability to search for purchases of a topic of interest to the procurement participant.

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

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

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

- indicate the stage of the purchase"Applying".

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 in the public domain and is provided free of charge.

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

Step 2: submitting and processing an application

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

An application for a request for quotations can be submitted by absolutely any interested person within the time limits specified in the notice.

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

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

Application content

An application for participation in the request for quotations is executed 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 of Federal Law No. 44, an application for participation in a 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 purchase participant.

2) Agreement 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 “Procurement participant ___________ agrees to fulfill the terms of the contract specified in the notice.”

The name and characteristics of the supplied goods in the case of delivery of goods must be formulated as accurately as possible and must not be accompanied by enumerations (for example, “or red”, “or blue”, “or green”), intermediate values (“from” and “to”, “from” and “to”, for example, “cabinet height from 175 cm to 185 cm”) and the words “or equivalent”, except in cases where the specific value for a particular characteristic is a range, since the customer must must know what goods will be 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 notice of purchase.

3) Contract price offer.

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 bid form contains such a requirement, then it should be observed in order to avoid the risk of rejecting the bid of the procurement participant.

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

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

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

TIN of the founders;

TIN of members of the collegial executive body, persons;

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

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

6) Declaration on the affiliation of the participant in the request for quotations to small businesses(hereinafter - SMP) and socially oriented non-profit organizations(hereinafter - SONKO) in the event that the customer establishes a restriction under Part 3 of Art. 30 FZ No. 44.

Note. The declaration of belonging to the SMP/SONCO is provided in any form, most often the standard application form contains a similar wording that must be filled out. For example, “Participant in the procurement 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 the advantages in accordance with Art. 30 FZ No. 44.

7) Documents, confirming the compliance of the quotations of goods, work or services offered by the participant in the request with the conditions of admission, entry bans, access 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 Federal Law No. 44, or certified copies of these documents.

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

It is not allowed to require the participant to provide other documents and information, except for the above, to the customer.

Paperwork

The bid of the bidder must be issued on letterhead(if any), signed by the head of the organization of the procurement participant and sealed(if any). Documents attached to quotation order, can be made out as attachments to the application. If copies of documents are provided, they should be duly 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 also 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, which, as a rule, deals with 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 implies the inability to view the content of the bid until it is opened. Therefore, it is recommended in this issue observe confidentiality until the commission for the procurement of envelopes with applications begins to open.

Step 3: application procedure

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

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

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

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

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

Step 4: Change and withdrawal of the application

Change and revoke quotation bid 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 FZ No. 44.

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

Step 5: making a purchase decision and determining the winner

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

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

Immediately prior to opening the envelopes with bids, the quotation commission is obliged to announce to the participants in the request for quotations present at the opening, about additional opportunity submission of applications. Such an action is aimed at providing an additional chance to participate in the request for quotations to those participants who did not have time to submit applications within the deadlines established by the notice.

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 postal address of each participant in the request for quotations that submitted the application;
proposals for the price of the contract specified in the 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 envelopes. Any participant in the request for quotations present at the opening of the envelopes shall also shall have the right to make audio and video recordings of the opening of these envelopes.

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

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

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

applications do not meet the requirements, specified in the notice;
bid price product, work or service exceeds NMTsK, specified in the notice;
the participant of the request for quotations did not provide documents and information, provided h. 3 Article. 73 FZ No. 44.

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

Based on the results of consideration and evaluation of applications protocol is drawn up. The formed minutes of consideration and evaluation of applications are signed by all members of the commission present at the meeting and on the day of its signing 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 in order to find out who became the winner in the procurement.

Note that according to part 10 of Art. 78 of the Federal Law No. 44, any participant in the request for quotations who submitted an application for participation, after posting the protocol for the consideration and evaluation of applications on the website www.zakupki.gov.ru, has the right to send to the customer in writing or in the form of an electronic document, a request for clarification of the results consideration and evaluation of applications for participation in the request for quotations. In turn, the customer is obliged to provide the participant who submitted the request with the relevant 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 the general rules, the protocol for the consideration and evaluation of applications is drawn up in two copies, one of which remains with the customer, the other within 2 working days from the date of signing the protocol is transferred to the winner request for quotations with the draft contract attached, which is compiled by including in it the conditions for the execution of the contract, provided for by the notice, and the price offered by the winner in the quotation bid.

Step 6: conclusion of the contract

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

It is important to understand that the contract, in accordance with the provisions of Federal Law No. 44, must be concluded on the conditions stipulated by the notice, at the price proposed in the winner's application request for quotations or in the application for participation in the request for quotations of the participant in the request for quotations, with whom the contract is concluded in case such winner evades the conclusion of the contract.

If the notice of purchase provided for the need to provide ensuring the performance of the contract, then it should be remembered that simultaneously with the signed contract, the winner in the procurement or the participant with whom the contract is concluded in case of the winner's evasion, obliged to provide to the customer a document confirming the provision of obligations under the contract. As such a document, in accordance with Part 3 of Art. 96 of the Federal Law No. 44 can act bank guarantee or payment order, confirming deposit Money to the customer's account in the prescribed amount.

If, after the customer sends the draft contract to the winner for the procurement for signature, the winner does not submit the signed contract or a document confirming the provision of obligations under the contract within the period specified in the notice, then such a winner is recognized avoiding a 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 its discretion, apply to the court for damages, caused by the avoidance of the conclusion of the contract, and conclude a contract with a member quote request, offering the same like the winner of the request for quotations, contract price, or in the absence of such a participant with a participant whose contract price offer contains best condition at the price of the contract, following the request for quotations proposed by the winner, if the contract price does not exceed the NMTsK specified in the notice of the request for quotations.

If a similar offer was made by the customer to the participants indicated above, then conclusion of a contract for them is mandatory. If these participants evade the conclusion of the contract the customer has the right to apply to the court with a claim for damages, caused by evading the conclusion of the contract, and re-conduct a request for quotations.

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

Recognition of the request for quotations as invalid

If, based on the results of the procurement, the request for quotations is declared invalid, then in accordance with Part 1 of Art. 79 FZ No. 44 customer enters into a contract with sole supplier(contractor, contractor) in accordance with paragraph 25 of part 1 of Art. 93 FZ No. 44.

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

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

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

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

Also, a request for quotations is considered invalid if:

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

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

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

In addition, the Unified Advice Center for Public Procurement recommends that potential procurement participants, for their part, always carefully read the provisions of Federal Law No. 44 in the current edition, which govern the procedure for conducting and participating in a request for quotations, before preparing an application. It is possible that some changes have been made to the law in this part, and knowing this will help to properly prepare the application, thereby reducing the risk of its rejection by the procurement commission.

Svetlichnaya Lilia Alekseevna,

Specialist of the Unified Consultation Center for Public Procurement (www.website)

UTC "Landmark"

08/05/2015

Do you have questions about how to apply for a request for quotations? You can on this topic to ECDP specialists.

Is the customer obliged to accept quotation bids in electronic form sent to the customer's e-mail address before the unified information system is put into operation?
Is it possible to indicate in the notice that applications are only accepted for hard copy?

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

By virtue of h. 1 Article. 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, performer (hereinafter referred to as the counterparty), final proposals. At the same time, 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 UIS 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 establish only a temporary procedure for posting information that must be posted in the EIS (part 2 of article 112 of the Law on the Constitutional Court). Regarding the procedure for filing applications in the form of an electronic document, there are transitional provisions only for electronic auctions- they are held according to the old rules (part 10 of article 112 of the Constitutional Law). The provisions, according to which, before the EIS is put into operation, electronic documents must be exchanged between procurement participants and customers in other cases, regulations do not contain.

In connection with the above, the Ministry of Economic Development of Russia in a letter dated 06.05.2014 No. 10070-EE / D28i clarified 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, filing 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 the set time, which is contrary to the provisions of Part 4 of Art. 77 of the Law on the Constitutional Court. Therefore, before the commissioning of the UIS, filing applications in the form of an electronic document is not allowed (see also paragraph 67 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28I-1889). 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 Regulations on the Federal Antimonopoly Service, approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 331), then its position on the issue of filing a quotation order in the form of an electronic document is ambiguous.
Thus, in the decision of the FAS Office for the Novosibirsk Region dated May 12, 2014 No. 08-01-147, it is indicated that submitting a quotation application to the e-mail address specified by the customer in the notice is the appropriate way to submit an application in electronic form. In another case, the territorial body of the 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 submission to an e-mail address. Accordingly, by posting a notice of a request for quotations, containing information about the possibility of submitting bids from procurement participants to the customer’s email address, and not through the EIS, the customer violated the requirements of the Law on the CU (decision of the Omsk OFAS Russia dated March 25, 2014 in case No. 03-10.1 / 90 -2014).

At the same time, we note that Part 5.2 of Art. 112 of the Contract System Law establishes that an electronic document that is signed with an electronic signature, the verification key of which is contained in the certificate of the electronic signature verification key issued by federal body executive power, carrying out law enforcement functions on cash service budget execution budget system RF, is recognized as an electronic document signed with an enhanced unqualified electronic signature for the purposes of this Law during the validity period of the specified certificate, but no later than the date of commissioning of the EIS. In other words, the Law on the Contract System expressly allows for the submission during the transitional period of documents affixed electronic signatures, and this rule applies for the purposes of the Law on the Constitutional Court as a whole, and not only for the purposes of conducting electronic auctions. In addition, an exhaustive list of grounds for rejecting a quotation bid, contained in Part 7 of Art. 78 of the Law on the Constitutional Court, does not contain such a basis for rejecting an application for participation in the definition of counterparties, such as “filing an application in the form of an electronic document without using the EIS”.

At the same time, paragraph 2 of part 1 of Art. 73 of the Law on the Constitutional Court establishes that the notice of the request for quotations must contain an application form for participation in the request for quotations, including submitted in the form of an electronic document. In accordance with the requirements established h. 2 Article. 77 of the Law on the Constitutional Court, an application for participation in the 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 the envelopes with applications for participation in the request for quotations and opening access to applications submitted in the form of electronic documents for participation in the request for quotations 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 in the notice of the request for quotations of only one form of filing an application can be regarded by the regulatory authorities as a violation of the Law on the contract system. Yes, OFAS Vologda region in its decision, it indicated that competition implies rivalry between economic entities, and the customer, when conducting procedures, should not give preference to one participant over others. Since Russia is a single economic space, in the case of accepting quotation bids on paper, some participants are given an advantage over others: a participant from the same region is more likely to submit 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 electronically to the customer's e-mail address before the commissioning of a unified information system. However, the procedure for fulfilling this obligation is more of a technical issue than a legal one.

Due to the fact that the position of the FAS Russia on the issue of filing quotation orders for email 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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