How to submit a quotation application in electronic form according to 44 fz. How to participate in a quotation request (request for quotation)

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 contract price 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 quotations 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 a 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.

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The participant has the right to choose how to submit quotes. By law, this can be done both in paper form and in the form of an electronic document signed with an EDS. The main condition is the confidentiality of information.

Although the law allows filing remotely, this option cannot actually be used. The necessary functionality has not yet been implemented in the EIS. According to clause 2 of Government Decree No. 36 of January 23, 2015, the Cabinet of Ministers instructed the Federal Treasury to ensure the possibility of sending a package of documents for participation in determining a supplier through the UIS no later than January 1, 2017. Then this deadline was postponed to 01/01/2018.

In addition to the resolution, let's pay attention to bill No. 623906-6, which proposes to remove from Art. 77, Law No. 44-FZ wording that relates to the filing of applications in digital form. It is planned to add a completely new paragraph, which will regulate the conduct of such a procedure in digital form for transactions in the amount of not more than 500,000 rubles. At the same time, the terms and place of publication of the notice and the draft contract, making changes to them will remain the same.

It is planned to submit proposals for such a procedure through the ETP only by accredited suppliers. And the application will consist of one part and a proposal of a new price, signed by EDS.

How to apply by email

There is an acute question about the possibility of sending a request to the customer by e-mail, which is indicated in the notice. Judicial practice on this issue is ambiguous.

For example, on March 28, 2016, the Supreme Court in case No. 304-KG16-1289 determined that the reference by the customer in the notice of the request for quotations to the email address without the wording that the proposals are submitted by the participants through the EIS should be qualified as allowing the filing of an application for participation in the request quotes to the customer's e-mail.

A comprehensive analysis of the norms of 44-FZ leads us to completely opposite conclusions. It is quite obvious that an electronic document and an email are two different documents. At the same time, the e-mail, which is indicated in the documentation, is purely for reference and does not legally give the right to send applications to it. The letter, which is sent to e-mail, does not provide confidentiality, and also does not guarantee that the customer will receive it.

These conclusions are confirmed by the practice of the antimonopoly service, which indicates the inadmissibility of including provisions on electronic filing in the request for quotations. At the same time, suppliers' complaints about the limitation of the method of submitting paper applications are also recognized as unfounded.

To summarize the above, sending an offer by e-mail, you risk getting rejected. After that, if you decide to prove that you are right, based on the decision of the Supreme Court, you will face serious costs and long legal battles. It is much more expedient to collect a standard package of documents and send it to the customer in live form on purpose or through a courier.

Standard set for request for quotation

Announcing such a procedure, the customer places a notice in the EIS, which includes a form to be filled out by the supplier, as well as a list of other mandatory requirements:

1. Name and details of the participant.
2. Agreeing to comply with the conditions specified in the notice.
3. Names and characteristics of the supplied goods (if any).
4. Contract price.
5. Documentary confirmation of the participant's right to receive benefits (Article 28, 44-FZ).
6. TIN of the founders of the supplier or individual.

For the procurement procedure, the customer also publishes a notice in the EIS, on the basis of which the participants prepare their proposals. Further, the purchase is carried out in the usual manner.

What is a request for quotations in electronic form, what are the advantages and disadvantages of such a procedure. What is the difference between a request for quotations in electronic form and a paper request?

Request for quotations is considered the easiest type of tender, because the winner is the participant who meets the requirements and offered the lowest contract price. But even in the request for quotations there are many nuances and problematic issues.

When requests for quotes became electronic

For bidders, only the conditions for submitting bids have changed. Now applications are sent not by mail or courier, but through the ETP. Also in the electronic form of the tender there is no longer a mandatory application form, which was in the "paper". Customers still apply the sample form, but participants do not have to fill it out.

Only those participants who are accredited in the EIS or on the ETP will be able to participate in the electronic request for quotations. Also who have special bank accounts. Moreover, a “paper” request for quotations is still carried out in the case of preliminary selection of participants in the liquidation of emergency situations.

There are not so many advantages for participants in the request for quotations. Firstly, there are no additional requirements for participants, which means that this type of tender does not require either licenses, or participation in SROs, or any other documents and information. There are more disadvantages for participants. Firstly, it is impossible to send a request for clarification in this type of tender. It is also impossible to change the contract, in terms of increasing the quantity or volume of goods.

From July 1, 2020, the rules for requesting quotations will change. What exactly will change we described in the article »

How to prepare an application for a request for quotations under the new rules

In the webinar program:
What will change in tenders held by request for quotations from July 1, 2020;
Up to what amount it will be possible to conclude a contract at the tender;
What will now be included in the notice of the request for quotations and why it will become more convenient for the supplier to work;
How to make an application for a request for quotations under the new rules;
What documents will the procurement participant be able to confirm their compliance with the requirements.

What you need to do to participate in the request for quotations: step-by-step instructions for the supplier

This instruction is for those participants who have already passed the technical part of getting into public procurement. That is:

• received an EDS,
• opened a special bank account
• prepared their workplace for work in the EIS and ETP and received accreditation for them.

First you need to find tenders. There is a wide variety of searches, for example, to attract professionals who will deal with tenders, receive daily automatic mailing of tenders, independently search through the EIS and ETP. Which way is best for you, you can understand only by trying everything.

To conduct a request for quotations, form and place in the EIS a notice and a draft contract. Accept and review applications. Recognize the winner as the participant who offered the best price or sum of prices when the volume of production is unknown. Read in detail how to conduct a request for quotations in electronic form and what restrictions to observe.

For example, a participant found the right tender for himself - a request for quotations in electronic form. At the same stage, he needs to study the notice, the technical building and the draft contract for the tender. Calculate the economic feasibility for yourself and understand what price the participant can offer. At the same time, the participant must remember that the price must be less than the NMTsK, otherwise it may be rejected. The winner in the request for quotations, the one with the lowest price. Therefore, it is necessary to calculate all the nuances quite carefully.

In the application for participation in the request for quotations, the participant includes, for example, consent, specific indicators of the product or service. He submits some of this information using an EDS, that is, by ticking the ETP. If the customer has attached instructions to fill out the application, you only need to follow it. Because even a mistake in punctuation can cost him the victory in this tender. After the participant has submitted an application, he needs to carefully monitor the deadlines and the placement of protocols, there will be 2 of them.

How to summarize the request for quotations in electronic form

If the participant meets the requirements and we offer the lowest price, then he wins such a tender and then everything goes to the stage of signing the contract and its execution.

If the participant does not comply, he needs to study the protocol. If he made mistakes, you just need to take into account this experience. If he does not agree with the rejection of the application, you need to contact the FAS.

Attached files

• Order to create a quotation commission.pdf
• Deadlines for conducting an electronic request for quotations under 44-FZ.xlsx
• Deadlines for an electronic request for quotations under 223-FZ.xlsx
• Checklist.jpg

Request for quotations under 44-FZ- this is a method of conducting a state order, the winner of which is the participant who offered the lowest price and whose application meets the established requirements of documentation and legislation.

From January 1, 2019, the request for quotations must be submitted electronically. However, the law provides for cases where the procedure can be carried out in paper form.

As paragraph 1 of Art. 72 - its specificity is that information about everything that the customer needs is communicated to an unlimited number of people through the EIS, and the order goes to the one who offers the lowest price.

Request for quotations under 44-FZ

Recalling the definition of quotation according to 44-FZ, we establish that the selection of a contractor in this way is carried out only under certain conditions. The maximum amount indicated in the contract, for the sake of which the selection is being made, should not be more than half a million rubles, and the amount for which the customer makes purchases per year - one hundred million rubles.

Enforcement of the contract in the request for quotations is at the discretion of the customer. As practice shows, most often it is absent.

The third paragraph of FZ-44 is devoted to the organization of the request for quotations, as many as 8 articles: from 72 to 79. It is in them that, basically, all the details are described.

If you need help in preparing a quotation application or are not sure about the correctness of the filling, you can use our service for filling out an application or get a free consultation from our specialists.

Both potential participants and organizers should be aware that participation under 44-FZ is free.

The average price of a contract concluded as a result of the request for quotation procedure in 2017 is RUB 0.13 mln. According to the Ministry of Finance, this figure is similar to the data for 2016.

The share of requests for quotations, among other types of tenders in 2017, is approximately 10% and this is a significant increase compared to the previous period. The largest savings of budget funds in 2017 were achieved based on the results of the request for quotations and amounted to 23% .

Notice of request for quotation

One of the first stages of the procurement is the preparation and publication of a notice of a request for quotations.

Deadline for posting a notice of a request for quotations:

1) not less than 7 business days before the deadline for submission of applications.

2) in the case of a purchase in the amount of less than 250 thousand rubles, as well as in cases established by 44-FZ, for at least 4 business days.

The document must contain the following information:

1. Data about the customer, contract and requirements for participants:

   — name, location, postal address, full contact details of the person responsible for the tender;
   - a thesis statement of the terms of the contract, a description of the object of procurement, information on the quantity and place of delivery of the goods or the place of performance of work or the provision of services, as well as the terms of the contract;
   — purchase code;
   - existing restrictions in the choice of suppliers and contractors, established taking into account the requirements of 44-FZ;
   — conditions (term, place, procedure) for filing applications for participation in the request for quotations;
   — substantiation of the contract price;
   - information on the need to provide security for the performance of the contract, indicating the amount;
   - a detailed list of documents to be provided by the procurement participant;
   — requirements for the absence of information about the organization, its founders or the sole executive body in the register of unscrupulous suppliers (contractors, performers) (at the request of the Customer).

2. Form for filing an application for participation in the request for quotations 44-FZ, including for filing an application in electronic form.
3. Information about when and where envelopes will be opened and access to electronic applications will be opened.
4. Data on the person and organization responsible for concluding the contract based on the results of the request for quotations, as well as on the mechanism for concluding the contract in case the company that offered the lowest price evaded the conclusion of the contract.
5. Information on the conditions under which a unilateral refusal to perform the contract is possible.
6. Benefits provided to contractors in accordance with Art. 28-30 of 44-FZ, namely: the provision of benefits to institutions of the penitentiary system, organizations of the disabled and small businesses, socially oriented non-profit organizations.
7. A draft contract must be attached to the notice.

Application for participation in the request for quotations

The participant has the right to submit an application at any time from the moment the notice of its holding is posted and until the date and time specified by the notice for the deadline for submitting applications. If the customer has made changes to the notice, the procurement participant has the right to change or withdraw his application before the deadline applying for participation.

The application for participation in the request for quotations must contain the following data and documents:

Name, location (for a legal entity), last name, first name, patronymic (if any), place of residence (for an individual), bank details;

the consent of the participant to fulfill the conditions specified in the notice;

the key point is the value offered by the potential contractor;

documents confirming the right to receive benefits;

TIN of the founders, the person acting as the sole executive body (usually, this is the General Director);

documents confirming that the participant belongs to small businesses or socially oriented non-profit organizations in the event that such a restriction is established by the Customer in the notice of the request for quotations.

in the event that the Customer establishes any conditions for admission or prohibits the admission of goods or services (for example, for goods of foreign origin): documents confirming the compliance of goods with these conditions (licenses, certificates, certificates).

According to paragraph 4 of Art. 73 FZ-44, this is an exhaustive list of documents and information that the Customer has the right to require from the participant.

44-FZ does not establish a strict sample of the participant's quotation bid, however, the customer is obliged to indicate in the notice the approximate form of such an bid.

In general, the procedure for conducting a request for quotations under 44-FZ is simplified as much as possible and a sample protocol, as well as a sample filling out an application, is not currently provided.

Stages of requesting quotations

To simplify the perception of the procedure for conducting a request for quotations under 44-FZ, we will divide it into 10 stages.

1. A notice of purchase, if the amount is up to 500 thousand rubles, is placed in the public domain 7 working days or more before the deadline for submitting bids. If the purchase amount does not exceed a quarter of a million, the allowable publication period is reduced to 4 business days.
2. In both cases, together with the notification, a draft contract is published, for the conclusion of which this tender is held. By law, the notice must remain freely available until the deadline for submission of applications.
3. By placing a notice, the customer has the right to request quotations from at least 3 persons or companies involved in the provision of the necessary goods or services.
4. Publication of a notice is not required when the procedure is carried out by organizations operating in the territory of foreign states. In this case, the customer simply requests the cost of goods from at least three potential contractors. The price of the contract in this case can also be any.
5. Special rules also apply to conducting a request for quotations under 44-FZ for the purchase of everything necessary for the provision of emergency and emergency specialized care in an emergency or urgent form, or for maintaining normal life support:

   - a request for quotations 44-FZ can be carried out for the purchase of food and emergency medical equipment, fuel and other goods necessary to create normal living conditions, exceeding the threshold of half a million rubles, in some situations:
   . if a claim was filed for termination of the contract due to its non-fulfillment and the claim was satisfied;
   . if the supervisory authority in the field of procurement ordered to cancel the results of the tender or auction and decided to search for a contractor by requesting quotations; the basis for the decision in this case may be the application of the customer, which must be submitted no later than ten days from the date of issuance of the above order;
   . if the concluded contract is terminated by the Customer unilaterally;
   - in all these situations, the contract is concluded for the period necessary for holding a competition or auction and, accordingly, for the amount of goods necessary to ensure the livelihoods of people during this period.

6. All applications for participation in the request for quotations submitted by the deadline must be registered. It is impossible to refuse registration of an application only on the basis of the absence of information on the envelope about the person who submitted it. This information is not legally required either.
7. The customer ensures the confidentiality of the submitted information up to the opening of access to it.
8. In the event that one quotation bid under 44 Federal Laws is submitted, the purchase may be recognized as failed.
9. Access to applications takes place at the time and place specified in the notice. All who have applied for participation have the right to be present at the same time, the possibility of which the customer must take care of. His responsibilities also include organizing an audio recording of the opening of access to information contained in applications.
10. The quotation commission may reject applications that do not meet the conditions stated in the notice. Such cases include the excess of the proposed price of the maximum contract price.

Quote request protocol

The protocol can tell about the results of the request for quotations under FZ-44. There is no template for it, but the content requirements are described in detail in paragraph 8, art. 78, 44-FZ. It must contain information about the customer, as well as about all submitted applications, including those rejected (with justification for refusal to participate). The protocol must be signed by all members of the commission and posted in the public domain.

A protocol is drawn up in 2 copies, one of which remains with the customer, the other is transferred to the winner with the draft contract attached within 2 working days from the date of signing.

Conclusion of a contract based on the results of the request for quotations 44-FZ

The executor selected based on the results must sign the contract within the period specified in the notice.

44 of the Federal Law determines the term for signing a contract upon request for quotations: it must be concluded not earlier than 7 days from the moment of posting the protocol of consideration and evaluation of applications and no later than 20 days from the date of signing the said protocol.

If the conclusion of the contract based on the results of the request for quotations 44-FZ did not take place on time, then the contractor is recognized as evaded, and the customer receives the right to file a claim for reimbursement of costs. The contract is concluded with the participant who offered the same or the next price.

The signing of the contract can be postponed, for a period of just over four weeks, but only in the event of special circumstances or the presence of court acts. In such cases, it is necessary to notify the partner of the impossibility of concluding a contract during the day, and in case of cancellation of the acts or the disappearance of circumstances, inform about it the next day.

According to Part 2, Art. 96 44-FZ, the customer has the right to demand security for the performance of the contract under 44-FZ in the request for quotations.

He must report this in the notice or in the draft contract. In this case, the winning bidder must deposit the security on the customer's account before signing the contract. Enforcement of the contract under 44-FZ when requesting quotations can be made both in personal cash and with a bank guarantee.

Failed request for quotations under 44-FZ

If one application for participation in the request for quotations under 44-FZ is submitted, then it is considered that the contractor has not been determined and the contract is signed with the existing bidder.

If the commission rejects all options, then the deadline for submitting quotation bids under 44-FZ can be extended by 4 business days, which must be notified in a notice within one business day. If as a result there is only one bidder whose proposal meets the conditions of the notice, then he is declared the winner. If, even after the extension of the acceptance period, there are no applications, the customer changes the schedule and makes the purchase again.

Cancellation of request for quotation

There are situations when you need to know how to cancel the request for quotations 44-FZ. The determination of the supplier may be canceled 2 days before the expiration of the period specified in the notice, and earlier. After making such a decision, the customer must change the schedule no later than one day later.

Information that the request for quotations will not take place is immediately published and communicated to each of the applicants. From the moment of publication, the supplier definition is considered cancelled.

Request for quotations in electronic form

The updated law 44-FZ introduces the possibility of conducting a request for quotations in electronic form from July 1, 2018. BUT from January 1, 2019 years - customers will be required to make purchases under 44-FZ on electronic platforms.

Paragraph § 3.1 44-FZ establishes a complete list of requirements for the procedure for requesting quotations in electronic form. The main points can be highlighted:

1. The notice of the procurement must be published at least 5 days before the deadline for submitting bids.
2. Changes to the notice are possible no later than 2 days before the deadline for submitting applications.
3. Extending the application deadlines so that there is at least 5 days from the date of posting the changes to the closing date for applications.

Sample request for quotation

Below is one of the variants of the quotation order. Let's take a look at the most common mistakes participants can make when filling out this form.

1. It is necessary to carefully fill in the names of the customer, because. in addition to it, the Authorized body may also be indicated in the documentation.
2. The organizational legal form must be written in expanded form, for example, "Limited Liability Company", and not "LLC".
3. Be sure to enter the TIN of the founders and the head of the contracting organization.
4. The legal address of the company must match the extract.
5. The general director and accountant must be registered separately, even if they are the same person.
6. If there is no site, you must provide information about it.
7. It is better to indicate the price in this format: 45,000 (forty-five thousand) rubles. 00 kop.
8. Field "Percentage of contract price reduction (indicated at the discretion of the procurement participant)" it is still recommended to complete.
9. It is necessary to attach as part of the application a declaration of compliance of the procurement participant with the uniform requirements.
10. If there are no other documents in the application, then 0 should be indicated in the corresponding line.
11. When signing the application, in addition to the full name, it is also necessary to indicate the position.

OOO IWC"RusTender"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

For in electronic form, it is necessary to prepare and send an application for participation in such a procedure. Only one application can be submitted. This can be done at any time from the moment the notice of the procurement is posted until the deadline for submitting bids. Based on the results of the request for quotations, no earlier than seven days from the date of placement in the EIS of the protocol containing the results of the procurement, a contract is concluded with the winner on the electronic site.

How to prepare an application for participation in the request for quotations in electronic form according to 44-FZ

The request for quotations in electronic form is one of the competitive ways to determine the supplier (contractor, performer). Information about its holding is posted in the EIS and is available to an unlimited circle of people. The winner is recognized as meeting the requirements established in the notice of, the person who, earlier than other participants, offered the lowest contract price (part 2 of article 24, part 1 of article 82.1, part 7 of article 82.4 of Law N 44-FZ).

To participate in such a purchase, you must make an application. When compiling it, you must be guided by the requirements of the notice.

The application for participation in the request for quotations consists of the proposals of the participant about the product (work, service) and the price of the contract (part 2 of article 82.3 of Law N 44-FZ).

Requirements for the content of the application are determined by Part 9 of Art. 82.3 of Law N 44-FZ. The requirement to provide other documents (information) is a violation, it can be appealed (part 10 of article 82.3, parts 1, 2 of article 105 of Law N 44-FZ).

What should be included in the application for participation in

The application for participation in the request for quotations includes the following documents and information (part 9 of article 82.3 of Law N 44-FZ):

• participant information, including:

Name, company name (if any);

Location (for a legal entity);

Contact phone number;

TIN;

• agreement participant to supply goods, perform work or provide services on the conditions stipulated by the notice of the procurement, which are not subject to change based on the results of its implementation. Such consent is given with the use of software and hardware of the electronic site;
• declarations(represented using the software and hardware of the electronic platform). They must certify:

Conformity ;

Belonging of the participant to the SMP or SONCO, if only such organizations can be participants in the procurement ();

The right to receive benefits provided to institutions (enterprises) of the penitentiary system or organizations of the disabled, if the participant declared this right (Articles 28, 29 of Law N 44-FZ);

• the documents confirming compliance with the conditions, restrictions or prohibitions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ (represented if the customer purchases the goods or the participant will use it to perform work (services)).

Such documents may include documents confirming the country of origin of goods purchased through a request for quotations. For example, Decree of the Government of the Russian Federation of July 14, 2014 N 656 establishes a ban on the admission of certain types of engineering goods originating from foreign countries. Confirmation that the goods are manufactured in the Russian Federation is an examination certificate issued by the Chamber of Commerce and Industry of the Russian Federation (clause 2 of this Decree).

If it is envisaged to submit a declaration on the country of origin of the goods or on the country of origin and the manufacturer of the goods, it is submitted using the software and hardware of the electronic platform.

Information on the existence of conditions, restrictions or prohibitions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ, must be contained in the notice of the request for quotations ();

• specific product indicators, corresponding to the values ​​in the notice of the request for quotations in electronic form, and an indication of the trademark (if any). They are included in the application if the notice of the request for quotations in electronic form does not contain an indication of the trademark or if the procurement participant offers goods with a different trademark.

How and when to submit an application for participation in the request for quotations in electronic form according to 44-FZ

Only one application can be submitted to participate in the request for quotations. This can be done at any time from the moment the notice is posted until the deadline for filing applications (parts 3, 4 of article 82.3 of Law N 44-FZ).

An application can be submitted by a participant registered in the EIS and accredited on an electronic platform (part 1 of article 82.3 of Law N 44-FZ). At the same time, according to 31.12.2019 inclusive, persons accredited on the electronic site until 01/01/2019, whose information and documents are included in the register, may not be registered in the EIS (part 50 of article 112 of Law N 44-FZ).

How to get accreditation on the electronic platform to participate in the request for quotations in electronic form according to 44-FZ

To apply for participation in the request for quotations, first of all, it is necessary to obtain accreditation on the electronic site. To do this, the operator of the electronic platform needs to send an application for accreditation, as well as documents and information in accordance with Part 2 of Art. 61 of Law N 44-FZ (part 49 of article 112 of Law N 44-FZ).

The operator of the electronic platform is obliged to accredit the participant within five working days or refuse accreditation on the grounds specified in Part 6 of Art. 61 of Law N 44-FZ (part 4 of article 61 of Law N 44-FZ).

The address of the electronic site where the procurement is carried out can be found in the procurement notice posted in the EIS (clause 1, part 2, article 82.2 of Law N 44-FZ).

It is advisable to obtain accreditation at each electronic site where the organization plans to participate in procurement.

FROM 01.01.2019 accreditation on all electronic platforms will be carried out automatically no later than the working day following the day of registration of the participant in the EIS (, part 48, article 112 of Law N 44-FZ).

What is the procedure for filing an application for participation in the request for quotations in electronic form under 44-FZ

Having received accreditation on the electronic platform, the participant can apply for participation in the procurement. It must be signed with an enhanced qualified electronic signature (hereinafter referred to as the enhanced electronic signature), if you are not a foreign person, and sent to the operator of the electronic platform (part 1, article 5, part 5 Part 2 Art. 82.3, part 5.5 of Art. 112 of Law N 44-FZ, paragraph 4 of the Information Letter of the Ministry of Finance of Russia dated 06/25/2018 N 24-06-08 / 43650).

When choosing electronic signatures, foreign participants should be guided by the Letter of the Ministry of Finance of Russia and the Ministry of Communications of Russia dated 08/01/2018 N 24-06-05 / 54209, N OP-P15-085-18306.

Size requirement when requesting quotations the customer is not authorized to install. This conclusion can be drawn from paragraph 2 of part 2 of Art. 82.2 of Law N 44-FZ. This rule does not provide for the inclusion of such a requirement in the notice. Accordingly, if such a requirement is established, then it can be appealed (parts 1, 2 of article 105 of Law N 44-FZ).

After sending the application, the participant will receive from the operator of the electronic site a document on assigning an identification number to the application or an application indicating the grounds for its return (parts 5, 8 of article 82.3 of Law N 44-FZ).

How to withdraw an application for participation in the request for quotations in electronic form under 44-FZ

The participant can withdraw the application by sending a notification to the operator of the electronic platform. This can be done no later than the date and time of the deadline for filing applications for participation in the procurement (part 12 of article 82.3 of Law N 44-FZ).

On what grounds can the application be returned or excluded from participation in the request for quotations in electronic form under 44-FZ

The operator of the electronic site can return the application to the participant, motivating his decision. The grounds for the return are defined in Law N 44-FZ (parts 6, 8 of article 82.3 of Law N 44-FZ). In some cases, the participant can eliminate the violations and have time to re-send the application before the deadline for submission.

After the deadline for submitting applications, the commission of the customer may decide on the non-compliance of the application and (or) the participant with the established requirements and on the rejection of the application. The reasoned decision must be reflected in the minutes of consideration of applications.

Applications accepted by the commission are ranked by price by the operator of the electronic platform. The bid with the lowest bid is assigned the first number. The participant who sent it is recognized as the winner. The results of the ranking of applications are also included in the protocol for consideration of applications. Such a protocol must be posted in the UIS and on the electronic site (parts 2, 5, 6, 7, 8 of article 82.4 of Law N 44-FZ).

The participant may appeal against the decision of the commission or the operator of the electronic platform (parts 1, 2 of article 105 of Law N 44-FZ).

On what grounds can an operator of an electronic platform return an order to a participant in a request for quotations in electronic form under 44-FZ

The operator of the electronic site can return the application in the following cases (part 6 of article 82.3 of Law N 44-FZ):

• the application is not signed with an enhanced electronic signature of the procurement participant ();
• the participant has submitted more than one application and has not withdrawn previously submitted applications. In this case, all applications are returned to him;
• there is no contract price offer or it is equal to zero;
• the offer on the price of the contract exceeds the NMTsK;
• the application was received after the date or time of the deadline for submitting applications for participation in the request for quotations;
• information about the participant (including its founders, members of the collegial executive body, the person acting as the sole executive body) is included in the register of unscrupulous suppliers. On this basis, you can return the application if the customer has established a requirement that there is no information about the indicated persons in the RNP ();
• the application was submitted three months before the expiration date of the registration of the participant in the EIS (). The provisions of part 9 are valid from 01.2019 . Prior to this, it is advisable to be guided by part 14 of Art. 61 of Law N 44-FZ, which provides that a participant accredited on an electronic site is not entitled to submit an application for participation in the procurement three months before the expiration date of his accreditation.

If the application is returned for other reasons, the actions of the operator of the electronic platform can be appealed (part 7 of article 82.3, parts 1, 2 of article 105 of Law N 44-FZ).

On what grounds, when conducting a request for quotations in electronic form under 44-FZ, an application and (or) a participant can be recognized as not meeting the established requirements

After the deadline for submission of bids, the procurement commission considers the bids of the participants. Based on the results of such consideration, she can take one of the following decisions (parts 1, 2 of article 82.4 of Law N 44-FZ):

• on recognition of the application and the participant as complying with the requirements established in the notice;
• non-compliance of the application and (or) the participant with the established requirements and the rejection of the application.

So, the participant's application can be rejected only on the following grounds (parts 3, 4 of article 82.4 of Law N 44-FZ):

• documents and (or) information provided for in Part 9 of Art. 82.3 of Law N 44-FZ, or false information is provided. At the same time, if documents confirming compliance with the conditions or restrictions on the admission of foreign goods (works, services) established in accordance with Art. 14 of Law N 44-FZ, the application cannot be rejected. In this case, it is considered that the participant offers foreign goods (works, services) (paragraph “a”, paragraph 2, part 9, article 82.3 of Law N 44-FZ);
• information provided for by Part 9 of Art. 82.3 of Law N 44-FZ, does not meet the requirements of the notice of the request for quotations.

How to conclude a contract based on the results of participation in the request for quotations in electronic form according to 44-FZ

The contract based on the results of the request for quotations is concluded in the manner determined by Art. 83.2 of Law N 44-FZ (Article 82.5 of Law N 44-FZ).

The winner must sign the draft contract with an enhanced electronic signature and place it on the electronic site within (parts 2, 3, 6 of article 83.2 of Law N 44-FZ):

• five days from the date when the customer placed the draft contract in the EIS for the first time;
• three working days from the date when the customer posted in the EIS and on the electronic site a draft contract, finalized on the basis of a protocol of disagreements;
• three working days from the moment when the customer re-posted in the EIS and on the electronic site the draft contract and the document indicating the reasons for the refusal to fully or partially take into account the comments in the protocol of disagreements.

If the notice of the request for quotations in electronic form is posted in the UIS before 01.10.2018 , the contract is concluded in the manner that was in force before this date (the beginning of the functioning of electronic platforms, the operators of which are included in the List approved by Order of the Government of the Russian Federation of July 12, 2018 N 1447-r). This follows from Part 10.1 of Art. 112 of Law N 44-FZ, paragraph 1 of the Information Letter of the Ministry of Finance of Russia dated 02.10.2018 N 24-06-08 / 70718, paragraph 2 of the Information Letter of the Ministry of Finance of Russia dated 06.25.2018 N 24-06-08 / 43650.

How to compile and place, concluded based on the results of a request for quotations in electronic form under 44-FZ

When concluding a contract based on the results of a request for quotations in electronic form, the participant may once draw up and place on the electronic platform a protocol of disagreements to the draft contract. It should reflect comments on the provisions of the draft contract that do not correspond to the notice and application of the participant, indicating the specific provisions of these documents. The protocol of disagreements is posted within five days from the date when the customer first posted the draft contract (part 4 of article 83.2 of Law N 44-FZ).

The winner of the request for quotations in electronic form must be specified in the notice (if the security is provided for by the documentation). Documents (information) confirming the provision of such security must be posted on the electronic platform within the same period as the signed draft contract (parts 3, 6 of article 83.2, parts 4, 5 of article 96 of Law N 44-FZ).

The contract can be concluded no earlier than seven days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications. The contract is considered concluded from the moment when the contract signed by the customer's enhanced electronic signature is placed in the EIS (parts 7, 8, 9 of article 83.2 of Law N 44-FZ).

The winner is recognized as having evaded the conclusion of the contract if, within the specified period, he did not sign the draft contract and did not place it on the electronic site or did not provide security for the performance of the contract (if necessary). Information about this will be sent to the antimonopoly authority to include information about such a participant in the register of unscrupulous suppliers (part 13 of article 83.2, part 1 - 4 of article 104 of Law N 44-FZ).

From the winner, even if he evades the conclusion of the contract, the operator of the electronic site may charge a fee for participation in the procurement ( Part 4 Art. 24.1 of Law N 44-FZ, p. 1 of Decree of the Government of the Russian Federation of May 10, 2018 N 564, p. 7, 8 of the Rules approved by the said Decree).