How to send a quote request electronically. How to submit a request for quotation electronically. Standard set for requesting quotes
A request for quotation is one of the easiest supplier identification forms to prepare.
This procedure is regulated by articles 72-82 44 Federal Law.
This type of procurement has its own peculiarity: the winner of the request for quotation is selected based on one single evaluation criterion - the contract price.
Deadlines for submitting a quotation application
According to paragraph 1 of Art. 74 44-FZ, the customer is obliged to place a notice in the Unified Information System about a request for quotation no less than 7 working days before the deadline for submitting quotation bids, and in the case of a contract value not exceeding 250 thousand rubles. and the circumstances specified in Art. 76 44-FZ - no less than 4 working days.
If the customer intends to make changes to the notice of a request for quotation, he has the right to do this no later than 2 days before the deadline for submitting quotation bids under 44-FZ.
The procurement object cannot be changed. Within one working day, after making changes, the customer must indicate information about this in the UIS. At the same time, after making changes, at least 7 days must remain before the deadline for submitting quotation bids. And if the purchase of goods, works or services, carried out by requesting quotes, is carried out for an amount less than 250 thousand rubles, then there must be at least 4 days before the deadline for submission. (Article 74 44-FZ)
In this procurement, there is no need to provide evidence of experience or availability of human resources, functional or technical characteristics.
However, even in such seemingly small purchases, there are nuances associated with participation. We will talk about them in this article.
In order to apply to participate in the request for quotations, you must go to the United Nations website information system(zakupki.gov.ru) study carefully general information about the purchase.
Particular attention should be paid to the following points:
object of purchase;
closing date and time for submitting applications for participation;
place of submission of the quotation application;
initial maximum contract price;
advantages, limitations, requirements for participants.
In the “Purchasing Documents” tab, it is necessary to analyze the procurement documentation for the requirement to provide any documents.
Documents for the quotation application
Based on such requirements, a package of documents is formed. It is necessary to make copies of documents certified in the prescribed manner: the documentation may indicate that copies of documents must be certified by the participant, that is, indicating the phrase “Copy is correct”, signature of an authorized person and seal, or a requirement for the provision of notarized copies may be established .
Each document containing more than 2 pages must be bound, indicating the number of pages, with the signature of an authorized person and seal. Next, we fill out the quotation application form, which, as a rule, is located in the procurement documentation.
An application for participation in a request for quotation must contain the name, location (for legal entity), last name, first name, patronymic (if any), place of residence (for an individual), Bank details procurement participant.
In the quotation application itself, you must indicate the following information and attach documents:
according to clause 1, part 3, art. 73 44-FZ, the participant’s consent to fulfill the terms of the contract specified in the notice, the name and characteristics of the goods supplied;
according to clause 2, part 3, art. 73 44-FZ, contract price proposal;
according to clause 3, part 3, art. 73 44-FZ, documents confirming the participant’s right to receive benefits in accordance with Art. 28 and 29 44-FZ (or copies of such documents);
according to clause 4, part 3, art. 73 44-FZ, TIN (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 the request for quotation;
according to clause 5, part 3, art. 73 44-FZ, declaration of belonging of the participant in the request for quotations to SMP or socially oriented organizations non-profit organizations, if the notice specifies such restrictions;
according to clause 6, part 3, art. 73 44-FZ, documents confirming the compliance of the goods (works or services) proposed by the participant in the request for quotations with the conditions of admission, prohibitions on admission, restrictions on admission if such restrictions are specified in the notice of the request for quotations.
An inventory is drawn up for all documents included in the quotation application under 44-FZ. It indicates the name of the document, as well as the number of pages of the document.
The application is stitched according to the inventory, i.e. in the same order, all sheets of the application are numbered consecutively.
An application for participation in a request for quotation is submitted to the customer in a sealed envelope, which does not allow viewing its contents until the envelope is opened. When submitting a quotation application in writing in a sealed envelope, in order to ensure integrity and security by the customer, the name of the quotation request for participation in which this application is being submitted is indicated on the envelope. At the request of the participant, the customer is obliged to issue a receipt of the application for participation in the request for quotation, indicating the date and time of its receipt.
This completes the procedure for preparing and submitting an application to participate in the request for quotation.
OOO ICC"RusTender"
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- On 07/31/2018
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- 44-FZ, EIS, Purchases from sole supplier, Request for quotations, Request for proposals, Competition, NMCC, Procurement procedure, RNP, Articles, ETP
Since mid-2019, all procedures have been carried out on electronic trading platforms. In this regard, the old methods of procurement will undergo changes. We recently wrote, and today we will talk about what a request for quotation in electronic form is.
Legal basis
Changes to 44-FZ, mentioned above, have been made Law of December 31, 2017 No. 504-FZ. Among other things, he introduces a new paragraph 3.1, which will be devoted to requesting quotations in electronic form.
This method of determining a supplier is so far used only in the classical form, that is, it is carried out without the participation of an electronic trading platform. Let's see what changes when it is transferred to electronic format.
Registration in ERUZ EIS
From January 1 2020 year to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Single register procurement participants) on the portal UIS (Unified Information System) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
Conditions for the procedure
Request for quotes in electronic form will be carried out using the functionality provided by the electronic trading platform. The criterion for evaluating applications is price, that is, the participant who offered the lowest price wins.
For electronic request Quotations are subject to the same conditions as for classic ones:
- initial contract price - up to 500 thousand rubles;
- annual volume of such purchases - within 10% and no more than 100 million rubles.
Stages
Posting a notice
The notice is published in the Unified Information System no later than in 5 days before conducting an electronic request for quotations. It should contain the following information:
- address of the ETP that will carry out the request;
- information about the customer;
- purchase identification code;
- a summary of the terms of the contract;
- information about limitations and benefits;
- an indication of the supplier's method of conduct;
- amount of security;
- information regarding the procurement object;
- information about the contract manager or responsible specialist of the customer;
- information on how you can terminate the contract unilaterally;
- a list of documents that the participant must submit and the requirements that he must meet;
- draft contract (attached to the notice).
Submitting applications
Since the procedure is carried out on the ETP, the participant submitting the application must be accredited for it. Moreover, he must be registered in the EIS.
Registration in the Unified Information System will become mandatory for all suppliers from 2019.
As part of the application, the participant submits:
- consent to fulfill the contract - supply of goods, performance of work, provision of services;
- information about yourself, including contacts;
- confirmation of compliance with the customer’s requirements (declaration), that the participant is a small business entity or has the right to receive another benefit established in the procurement.
The participant submits the completed application via Personal Area. The operator checks the application and, if everything is in order, sends it to the customer. ETP can reject an application by: several reasons:
- late delivery;
- non-compliance;
- if one supplier sent 2 applications;
- not included in the application price offer or the price is zero;
- the price in the application exceeds the NMCC;
- the supplier is included in the RNP.
According to the new rules, the presence of a participant in the RNP will be checked by the trading operator, and not by the customer.
ETP may reject a participant’s application within 1 hour after serving. In this case, the operator is obliged to indicate the reason.
Review of applications
Within the next day after the deadline for accepting applications, the customer must review them. As a result, he will either allow the application to participate or not. There are few reasons for deviation:
- failure by the participant to provide the required data;
- provision of incomplete or false data.
It is prohibited to reject applications for other reasons.
Based on the results of the consideration, a protocol is drawn up, signed and sent to the trading operator.
Winner selection
At the next step, the operator ranks all requests accepted by the customer by price. The operator has only 1 hour from the moment the protocol is received from the customer. During this time, you need to create a protocol and place it on the ETP and in the UIS.
The winner is the participant whose proposal contained the most low price . It is with him that the customer will enter into a contract.
Is the customer obliged to accept quotation bids in in electronic format, sent to the address Email customer, before the introduction of a unified information system?
Is it possible to indicate in the notice that only paper applications are accepted?
Unfortunately, current legislation does not allow us to give an unambiguous answer to asked question. Making a decision regarding a specific situation will depend on the position of the regulatory authorities and courts operating in the customer’s region. Let us explain in more detail.
By virtue of Part 1 of Art. 5 of the Law on the Contract System, within the framework of relations regulated by this law, the exchange of electronic documents provided for by the legislation of the Russian Federation and other regulations is allowed legal acts about 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), and final proposals. In this case, these applications, final proposals and documents must be signed with an enhanced electronic signature and submitted using a unified information system. However, to date, the UIS has not been put into operation, so submit an application in the form electronic document using this system is objectively impossible. At the same time, the transitional provisions of the Law on the Contract System for all procurement cases establish only a temporary procedure for posting information that should be placed in the Unified Information System (Part 2 of Article 112 of the Law on the Constitutional Court). With regard to the procedure for filing applications in the form of an electronic document, transitional provisions are provided only for electronic auctions- they are carried out according to the old rules (Part 10 of Article 112 of the Law on the Constitutional Court). Provisions according to which, before the UIS 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 letter dated 05/06/2014 No. 10070-EE/D28i, explained that the Law on the Constitutional Court does not provide for filing applications in the form of an electronic document via e-mail. In addition, submitting applications via e-mail does not ensure the security, integrity and confidentiality of such applications and their consideration only after opening access to them in set time, which contradicts the provisions of Part 4 of Art. 77 of the Law on the Constitutional Court. Therefore, before the UIS is put into operation, submitting applications in the form of an electronic document is unacceptable (see also paragraph 67 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28I-1889). However, we recall that the Ministry of Economic Development of Russia is not vested with the competence to clarify legislation Russian Federation.
As for the FAS Russia, which monitors compliance with the legislation on the contract system and gives 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 submitting a quotation application in the form of an electronic document is ambiguous.
Thus, the decision of the FAS Office for the Novosibirsk Region dated May 12, 2014 No. 08-01-147 states that submitting a quotation application to the email 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 filing to an email address. Accordingly, by posting a notice of a request for quotation, containing information about the possibility of submitting bids from procurement participants to the customer’s email address, and not through the Unified Information System, the customer violated the requirements of the Law on the Constitutional Court (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 Law on the Contract System establishes that an electronic document that is signed with an electronic signature, the verification key of which is contained in the electronic signature verification key certificate issued federal body executive power, carrying out law enforcement functions for cash services for the execution of budgets budget system RF, is recognized as an electronic document signed with an enhanced non-qualified 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 UIS. In other words, the Law on the Contract System directly allows for the sending of documents sealed during the transition period electronic signatures, and this norm is applied 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 application, contained in Part 7 of Art. 78 of the Law on the Constitutional Court does not contain such grounds for rejecting an application for participation in determining counterparties as “submitting an application in the form of an electronic document without using the Unified Information System.”
At the same time, clause 2, part 1, art. 73 of the Law on the Constitutional Court establishes that the notice of a request for quotation must contain an application form for participation in the request for quotation, including one submitted in the form of an electronic document. In accordance with the requirements established by Part 2 of Art. 77 of the Law on the Constitutional Court, an application for participation in a request for quotation is submitted to the customer in writing in a sealed envelope, which does not allow viewing the contents of such an application until the envelope is opened, or in the form of an electronic document before the date and time of opening of envelopes with applications for participation in the request for quotation and opening access to applications submitted in the form of electronic documents for participation in the request for quotation, specified in the notice of the request for quotation. In other words, the Contract System Law establishes the possibility of submitting an application in two forms: in writing or in the form of an electronic document. Accordingly, the establishment in the notice of a request for quotation of only one form of application may be regarded by regulatory authorities as a violation of the Law on the Contract System. Thus, the OFAS for the Vologda region indicated in its decision that competition implies rivalry between business entities, and the customer, when carrying out procedures, should not give preference to some participants 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 has a greater chance of submitting an application than a participant from another region. In connection with this, 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 of procurement activities, it is necessary to provide the opportunity participants submit applications electronically to the customer’s email address before the commissioning of the unified information system. However, the procedure for fulfilling this obligation is more a technical issue than a legal one.
Due to the fact that the position of the FAS Russia on the issue of submitting quotation bids by email is very contradictory, it is, unfortunately, not possible to give an unambiguous answer to the question.
Experts from the legal consulting service "Garant"
Natalia Pavlova, Artem Barseghyan
Procedure for submitting quotation bids electronically
1. When submitting an application in the form of an electronic document, the procurement participant fills out the quotation application in electronic form in accordance with the quotation application form and sends it by email via email to the following address: [email protected]
.
2 Application format in the form of an electronic document: Microsoft document Word (*.doc(x)), OpenOffice (*.odt), Adobe Acrobat (*.pdf), Rich Text Format (*.rtf) or a JPG file containing a scanned graphic image of the original paper quotation application. An application in the form of an electronic document must be signed with an electronic digital signature (EDS) in accordance with the requirements of the Federal Law of the Russian Federation dated January 10, 2002 No. 1-FZ (as amended on November 8, 2007) “On Electronic Digital Signature”. The following must also be attached to the email containing the quotation file(s):
-letter accompanying the quotation application, signed by digital signature, according to form specified in clause 4.
- file of the digital signature certificate with which the quotation application was signed , containing information about the organization that submitted the application;
-file with the root certificate of the Certification Authority (CA), who issued this digital signature, the body of the letter must contain links to the website on the Internet;
-file of the list of revoked certificates of the CA that issued this digital signature, the validity period of which ends no earlier than the deadline for submitting quotation bids, and the body of the letter must contain a link to the website on the Internet where the CA places such a file for public access.
The subject of the message should indicate “Application for participation in the request for quotation from the “Organization”, No. (number of the quotation application from the Official website of the Russian Federation zakupki.gov.ru).”
In the letter accompanying the quotation application, it is necessary to indicate the contact details and details of the organization (actual address, legal address, INN, KPP, OGRN, details of the contact person).
3. When choosing the method of submitting a quotation application in the form of an electronic document, the procurement participant must take into account that the Customer is not responsible for the loss or untimely receipt of the quotation application sent by the procurement participant by e-mail, if the reasons are any technical or organizational obstacles arising from circumstances beyond the control of the Customer, as well as if the technical and software means of automatic protection of the Customer’s information detected that the email with the quotation request arriving at the email node (host) @gmail.com ,
is infected with computer viruses or has signs of spam in its structure .
4. An electronic letter in the form accompanying the Quotation Application, signed with digital signature:
In accordance with clause 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 with our electronic digital signature (EDS) and contains information about our organization. Our details: (list details).
The Quotation Application itself - attached Microsoft Word (*.doc(x)), OpenOffice (*.odt), Adobe Acrobat (*.pdf), Rich Text Format (*.rtf) file or a JPG file containing a scanned graphic image the original of our quotation application.
Attached file - xxxxxxxx.cer - digital signature certificate with which the quotation application was signed.
The attached ca.cer file is the root certificate of the Certification Authority. Links to the website on the Internet and to the register of user certificates of this CA (for example, http://ca.iac.spb.ru/partners.php).
Attached file UCSMC.crl is a list of revoked CA certificates. Link to the website on the Internet where the CA places such a file for public access (http://......).
If a quotation bid is submitted in the form of an electronic document, the customer or the authorized body is obliged to send, on the same day, in writing or in the form of an electronic document to the procurement participant who submitted such an application, confirmation of receipt of such an application (“Please confirm receipt of our quotation bid.” )
Note: all file names in clause 4 of the Procedure (e-mail form) are given as an example and the ordering participant should use the real names of their sent files. All questions of a technical nature regarding the preparation of documentation for the application should be sent to: [email protected]. Self-signed (homemade) digital signature certificates are not recognized as valid. The customer has the right to reject the application of a participant who submitted a self-signed application as containing false information. You can read recommendations for setting up a workplace for working with electronic procurement on our website, in the “Frequently Asked Questions” section.
