Quotation request is ... Participation in a quotation request. Request for quotations for 44 FZ

Federal Law No. 44-FZ of 05.04.2013 "On the contract system" (in the field of procurement of works, goods, services for the purpose of securing municipal and state needs, further - Federal Law No. 44 FZ) establishes the following types of competitive methods for determining suppliers (Contractors, performers):

- open (open tender, electronic auctions, request for quotations and others);

- Closed (closed competition, closed two-stage tender, closed auction and others).

Each of these options has its own characteristics and conditions. The choice in favor of any one of the methods is carried out in strict accordance with the law. One of the most competitive ways in determining a counterparty when buying services, goods, works is to request quotes. This article will describe in detail its advantages, disadvantages and procedure.

Definition

Article No. 72 gives the following definition of the concept: "Request for quotation is the way to identify a supplier (contractor or performer) in which an unlimited number of people are informed of the needs of the customer by means of placement in a unified information system." The winner with this option is one of the participants in the purchase, the price offer of which is minimal. When using this method, security is not allowed and any other charge is not charged.

Requirements for conducting

The main factor influencing the definition of a supplier (contractor or contractor) when using the "request quotation" method is the price. In this case, the customer must get the most favorable contract. However, the "request for quotes" method for 44-FZ can not always be used, but only when the following requirements are met:

- the maximum contract value is not more than five hundred thousand rubles;

- the volume of (annual) annual purchases made using the method of requesting quotations should not exceed ten percent of the total amount allocated for all purchases by the customer in the reporting period. At the same time, there is a maximum limit equal to one hundred million rubles a year.

Exclusive terms of purchase

In terms of types of goods, works, services, the law does not establish any restrictions when using the "request for quotes" method for 44-FZ. In this connection, this option is one of the most attractive for customers, as it enables to purchase any services, works or goods at the lowest possible price of the contract as soon as possible. However, the Law defined a number of exceptional cases when the purchase of services, works or goods is impossible by the way of requesting quotations. Restrictions are established:

- in cases of procurement of the following types of goods, works, services purchased for the needs of the customer, which carries out its activities in a foreign country (diplomatic and consular institutions). In this case, procurement is possible for Russian and foreign suppliers:

- For goods, the absence of which leads to a violation of the normal life of citizens. Such goods include: food, medicines, fuel. Article 76 FZ-44 provides for a number of exceptions to this limitation. It is permitted to purchase these goods in this way in cases where the control body has decided to cancel the results of the tender (auction) and is allowed to purchase by the "request quotation" method. This is also possible if the customer refuses to unilaterally withdraw from the contract previously concluded. Procurement is also allowed by court order.

- To request quotes for special conditions (Article 82 of the Federal Law). This article regulates procurement aimed at the implementation of humanitarian assistance or whose purpose is to eliminate an emergency situation arising from natural phenomena or man-made accidents.

Procurements produced by the closed method

Request for quotations for 44-FL allows you to purchase any work, goods or services. At the same time, there are restrictions in the Law that prohibit the use of the method in question in a number of cases and impose on the customer the obligation to carry out activities in a closed manner. They include:

- procurement of works, goods or services related to state secrets;

- Project information on the contract or documentation on the subject of procurement with information that is a state secret.

This category also includes cases of the purchase of the following services:

- cleaning - at the expense of federal budget funds;

- drivers of vehicles - when their activities are aimed at ensuring the efficiency of bailiffs or judges;

- aimed at insurance, protection and transportation of state-owned precious metals and stones, art, historical, museum and cultural values at the time of transfer from the customer to other persons (and in reverse situations, when the customer receives from others) for temporary order.

Contest with limited participation

In cases where the option "request for quotes" for 44-FZ is not possible, they also include the obligation to conduct procurement by the customer using a competition with a limited number of participants. Such situations include the following:

- Having a technically complex character. This type is typical for industries working with the use of high-tech specialized knowledge associated with the introduction of innovations. In other words, the executors of these types of procurement are persons who have certain specific knowledge in the field of the subject of procurement. A list of these works, goods or services is provided by the relevant regulatory documents of the Government of the Russian Federation.

- aimed at preserving the national heritage sites (historical and cultural), the restoration work of the exhibits that are part of the Museum Fund of the Russian Federation, the restoration and preservation of documentation included in the Archive Fund of the Russian Federation and a number of other valuable documents.

- Services and work, a prerequisite in the performance of which is the access of performers to databases, security systems and internal repositories of archives, libraries and museums.

In other cases, it is possible to conduct purchases of goods, works and services by the "request quotation" method. This does not contradict the current legislation of the Russian Federation as a whole and the relevant normative acts in particular. In other cases, when it is not possible to choose the contractor, the following is allowed:

- in the framework of Article 48, an open tender;

- Electronic auctions (Article 59).

FZ-44 in some cases, in accordance with Article 83 permits the selection of a supplier of goods, works, services through the identification of proposals or the procurement from a single supplier (Article 93).

Benefits

A distinctive feature of the query of quotes in comparison with other methods of determining the supplier is its simplicity and convenient implementation. From the customer's point of view, it is considered the easiest in terms of the procedure for selecting the contractor. In this connection, in most cases, provided that the circumstances of the future purchase satisfy existing restrictions, this method is chosen. The distinctive advantages of this type of vendor definition over others are:

- Efficiency in comparison with the conduct of electronic auctions or open competition.

- Relatively small amount of minimum documentation required for the procurement.

- Clear rules of conduct, understandable to both the customer and the performer. In the absence of special requirements, the likelihood of making mistakes in the selection process of the supplier is significantly reduced, which further minimizes the likelihood of receiving complaints from the supervisory authorities regarding the procurement procedure.

- A significant reduction in the risk of adverse consequences is not the fault of the customer (for example, a malfunction in the operation of the electronic platform for technical reasons).

- Use along with the main criterion used in the consideration of applications, a number of other, additional criteria.

disadvantages

The main shortcomings of the process of purchasing goods (works, services) using the "request quotation" method are the following:

- Increased attention from the controlling bodies to the process of selecting the contractor. First of all, the arguments for choosing this variant and the process of forming the maximum contract value on the part of the customer are checked first.

- This method is more labor-intensive than the others. The following additional duties are imposed on the customer: reception and registration of all received applications, storage of all accepted documentation, provision of equal access to all the participants of the reviewed applications and other functions stipulated by law.

- The relatively high level of risk inherent in the method of "request for quotation" is due to the lack of a binding condition on entering the security of applications from their owners. In this situation, the probability of contracting with an unscrupulous supplier is significantly increased.

- When making a purchase using the considered variant it is impossible to divide the total aggregate into separate components (lots).

The main stages of the procurement procedure

The set of definition of the final executor of the contract by the method of "request for quotation" can be divided into six main stages, each of which is produced in a limited time frame only by its inherent activities with the preparation of relevant documents. Below, each of the steps is described in detail.

First step

At this stage, the general initial task of preparing for the procurement of the method under consideration is realized. At the first stage, the following activities should be implemented:

- Development and approval of the provision on the composition of the commission and its powers. This is done on the basis of Federal Law No. 44-FZ and internal documents of the organization.

- Creation on the basis of the situation directly to the commission itself, consisting of members of the organization and having the appropriate education. The tasks of this structure include review of all received quotes.

- Planning and direct organization of the procurement procedure in this way.

When carrying out activities characteristic of the first stage, the following documents are compiled:

- the order of the organization to create a single commission, within which a provision is adopted that fixes the procedure for the implementation of all purchases and determines the powers of each member of the commission;

- a direct order to conduct a purchase by the customer in the form of a "quotation request".

On preparation of all necessary documentation the legislation gives a certain time. The following restriction is imposed: the complete set of documents must be ready for the customer not later than ten days (calendar) before the date on which the day of completion of acceptance of applications is appointed.

Second phase

At this stage, there is a direct preparation of the documents required for the request for quotations. The following activities are implemented:

- Preparation and approval of a package of documents required for the planned activities;

- development and approval of a contract within which a purchase will be made.

To implement these activities, the following documents are prepared:

1) the technical task of the future procurement is created with the obligatory justification of the value of the contract;

2) appropriate types of application for participation in procurement (sample quotation request);

3) the type of the final contract is approved, under which conditions the purchase will take place;

4) specialized documentation is developed, which will subsequently be published - notification of the request for quotations.

The documentation should be prepared and approved not later than seven (in some cases, four) calendar days before the date on which the day of completion of the acceptance of applications is appointed.

The third stage

At this stage, there is a publication in the special information system of information about the request for quotations. The following activities are carried out:

1. Registration of an electronic signature for the head of an organization (or other authorized authorized person) to participate in the procurement process on a special information resource.

2. Registration of the organization in a single information system, access and special keys.

3. Announcement of the request for quotations is published on the information resource.

4. The direction of participants in the procurement of information from the customer on the previously developed structure. Here the established form of the request for quotations is used.

At the third stage, the necessary documents must be prepared and approved no later than seven (in some cases, four) calendar days before the date on which the deadline for the acceptance of applications is appointed. Notice of the request for quotations should be sent to each side. This must be done on the same day when an announcement of the contest was published in a unified information system. Participation in a quotation request can be accepted by any party registered in the information structure, which possesses the necessary qualities for the performance of the relevant order.

Fourth stage

At this stage, all applications from participants are received and stored (on condition of anonymity) until the winner is determined. This stage includes a number of activities. In particular:

- accepted with a mandatory confirmation of the request for quotes;

- in a special register all the information received is recorded.

In the process of ongoing activities, special documentation is created in which all the information provided is recorded. At the same time, confirmation from the representatives of the customer is required to receive the information (in writing in the form of receipts, through specialized communication using an electronic signature). Acceptance of applications occurs from the moment of publication of information about the request for quotations to the regulated day and time, which are its end.

Fifth stage

At this stage, the following actions determine the winner:

- Opening of all registered envelopes.

- Individual evaluation of each proposal.

- The choice of the most advantageous offer and the establishment of the winner.

- Publication in accordance with the results of the applications reviewed on the information site of a special final document on the winner. As a result, a request for quotations is compiled. The winner is established not later than 1 working day from the moment of the termination of reception of information from interested persons. The request for quotations, provided that information from more than one side is submitted, is considered valid.

Sixth stage

At the final stage, a contract is concluded with the winner, determined as a result of the "request for quotations" method. Terms of signing the contract are within seven to twenty days from the date of publication of the result of consideration of the information received in a single informsystem. At this time, the final version of the contract is created and approved, indicating the price and requisites of the winner and submitted to the contractor for approval and signing. After carrying out all procedures in the absence of disagreements, the parties sign the contract and are deemed valid.