Request for quotation is Participation in the request for quotation. Request for quotations under 44 FZ

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Federal Law of April 5, 2013 No. 44-FZ "On the contract system" (in the field of procurement of works, goods, services to meet municipal, state needs, - further - Federal Law No. 44 FZ) establishes the following types competitive ways to identify suppliers (contractors, performers):

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

- closed (closed competition, closed two-stage competition, 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 in the procurement of services, goods, works is a request for quotations. This article will describe in detail its pros, cons and procedure.

Definition

Article No. 72 gives the following definition of the concept: "Request for a quotation is a way to determine a supplier (contractor or performer), during which an unlimited number ofof persons using placement in a single information system, the needs of the customer are reported. "The winner in this option is one of the procurement participants, whose contract price offer is minimal. When using this method, the introduction of security and any other collection of any payment is not allowed.

Requirements for holding

The main factor influencing the definition of a supplier (executor or contractor) when using the "request for quotation" method is the price. In this case, the customer should receive the most profitable contract. However, the "request for quotations" method under 44-FZ may not always be used, but only if the following requirements are met:

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

- the volume of (total) annual purchases made using the request for quotation method should not be more than ten percent of the total amount of funds 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.

Exceptional Purchase Conditions

With regard to the types of goods, works, services, the law does not establish any restrictions when using the "request for quotations" method under 44-FZ. In this connection, this option is one of the most attractive for customers, as it makes it possible to purchase any services, works or goods at the lowest possible price in the shortest possible time.contract. However, the Law has defined a number of exceptional cases when the purchase of services, works or goods is not possible by requesting quotations. Restrictions are set:

- in cases of procurement of the following types of goods, works, services purchased for the needs of a customer operating in a foreign state (diplomatic and consular offices). In this case, the purchase is possible from Russian and foreign suppliers:

- For goods, the absence of which leads to disruption of the normal life of citizens. These goods include: food, medicines, fuel. Article 76 of the Federal Law-44 provides for a number of exceptions to this restriction. It is allowed to purchase these goods in the specified way in cases where the control body has decided to cancel the results of the tender (auction) and it is allowed to make purchases by the "request for quotation" method. This is also possible if the customer unilaterally refuses to execute the contract concluded earlier. Purchase is also permitted by court order.

- For request for quotation, conducted on special terms (Article 82 of the Federal Law). This article regulates purchases aimed at the implementation of humanitarian assistance or the purpose of which is to eliminate an emergency situation resulting from natural phenomena or man-made accidents.

Closed purchases

Request for quotations under 44-FZ allows the purchase of any work, goods or services. AtIn this regard, 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 way. These include:

- purchase 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 purchasing the following services:

- cleaning - at the expense of the federal budget;

- 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, artistic, 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 other persons) in temporary order.

Limited Contest

Cases where the "request for quotations" option under 44-FZ is not possible also include the obligation of the customer to purchase using a tender with a limited number of participants. These situations include the following:

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

- Aimed at the preservation of domestic heritage sites (historical and cultural), restoration work of exhibits included in the Museum Fund of the Russian Federation, activities to restore and preserve documentation included in the Archival Fund of the Russian Federation and a number of other valuable documents.

- Services and works, a necessary condition for the performance of which is the access of performers to databases, security systems and internal storage of archives, libraries and museums.

In other cases, it allows the procurement of goods, works and services by the "request for quotation" method. This does not contradict the current legislation of the Russian Federation in general and the relevant regulations in particular. In other cases, when it is impossible to select a contract executor, the following is allowed:

- within the framework of Article 48, holding an open competition;

- electronic auctions (Article 59).

FZ-44 in some cases, in accordance with Article 83, allows the selection of a supplier of goods, works, services by identifying offers or purchasing from a single supplier (Article 93).

Benefits

A distinctive feature of a request for quotation compared to other methods of determining a supplier is its simplicity and convenient implementation. From the point of view of customersit is considered the easiest in terms of the procedure for choosing a contract executor. In this connection, in most cases, provided that the circumstances of the future purchase satisfy the existing restrictions, this method is chosen. The distinctive advantages of this type of supplier definition over others are:

- Efficiency compared to conducting electronic auctions or open competition.

- Relatively low minimum documentation required for procurement.

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

- A significant reduction in the risk of negative consequences through no fault of the customer (for example, failure of the electronic site for technical reasons).

- Along with the main criterion used when considering applications, a number of other additional criteria.

Flaws

The main disadvantages of the process of purchasing goods (works, services) using the "quotation request" method include the following points:

- Increased attention on the part of regulatory authorities to the process of selecting a contract executor. First of all, the argumentation of the choice in favor of this particular option and the process of forming the maximum cost are checked.contract by the customer.

- This method is more laborious than the others. The following additional responsibilities are imposed on the customer: receiving and registering all received applications, storing all accepted documentation, providing all participants with equal access to the results of considered applications and other functions provided for by law.

- The relatively high level of risk inherent in the "request for quotation" method is associated with the absence of a mandatory condition fixed at the legislative level on the introduction of bid security by their owners. In this situation, the likelihood of concluding a contract with an unscrupulous supplier increases significantly.

- When making a purchase using the considered option, it is impossible to divide its total set into separate components (lots).

Main stages of the procurement procedure

The totality of determining the final contractor of the contract by the "request for quotation" method can be divided into six main stages, at each of which, within a limited time frame, inherent activities are carried out with the preparation of relevant documents. Each step is described in detail below.

First stage

At this stage, the general initial task of preparing for the procurement by the considered method is being implemented. At the first stage, the following activities should be implemented:

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

- Creation on the basis of the position directly of the commission itself, consisting of members of the organization and having the appropriate education. The tasks of this structure include consideration of all incoming quotes.

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

When carrying out activities specific to the first stage, the following documents are drawn up:

- order of the organization to create a single commission, within the framework of which a provision is adopted that fixes the procedure for actions in 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 using the "request for quotation" method.

The legislation gives a certain time for the preparation of all necessary documentation. The following restriction is imposed: a complete set of documents must be ready at the customer’s place no later than ten days (calendar) before the date on which the day of completion of the acceptance of applications is scheduled.

Second stage

At this stage, the documents necessary for the request for quotations are directly prepared. The following activities are being implemented:

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

- development and approval of the contract under which the purchase will be made.

For the implementation of these activities are being preparedthe following documents:

1) a terms of reference for a future purchase is created with a mandatory justification of the cost of the contract;

2) relevant types of applications for participation in the procurement are being developed (sample request for quotations);

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

4) specialized documentation is being developed, which will subsequently be published - a notice of a request for quotations.

Documentation must be prepared and approved no later than seven (in some cases four) calendar days before the date on which the deadline for accepting applications is set.

Third stage

At this stage, information about the request for quotations is published in a special information system. The following events are being held:

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

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

3. A notice of a request for quotations is published on the information resource.

4. Sending information to procurement participants on the part of the customer according to the previously developed structure. The established form of request for quotation is used here.

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 acceptance completion date is scheduledapplications. A notice of a request for quotation must be sent to each party. This must be done on the same day when the announcement of the competition appeared in the unified information system. Any party registered in the information structure that has the necessary qualities to fulfill the corresponding order can participate in the request for quotations.

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. Specifically:

- request for quotation is accepted with mandatory confirmation;

- all information received is recorded in a special journal.

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 of the receipt of information is required (in writing in the form of receipts, through specialized communication using an electronic signature). Applications are accepted from the moment of publication of information about the request for quotations until the regulated day and time, which is its end.

Fifth stage

At this stage, as a result of the following events, the winner is determined:

- Opening of all registered envelopes.

- Individual evaluation of each offer.

- Choosing the best offer and determining the winner.

- Publication in accordance with the results of considered applications forinformation site of the special final document about the winner. As a result, a quotation request protocol is drawn up. The winner is determined no later than the 1st working day from the date of termination of receipt of information from those who wish. Conducting a request for quotations, subject to the submission of information from more than one party, is recognized as valid.

Sixth stage

At the final stage, a contract is concluded with the winner, determined as a result of the "request for quotations" method. The terms for 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 information system. At this time, the final version of the contract is created and approved, indicating the price and details of the winner, and the contract is submitted to the contractor for approval and signing. After all procedures have been completed, in the absence of disagreements between the parties, the contract is signed and considered valid.