Federal Law dated 05.04.2013 No. 44- "On the Contract System" (in the field of procurement of works, goods, services for the purpose of providing municipal, state needs, - hereinafter - Federal Law No. 44 Federal Law) establishes the following types of competitive methods for determining suppliers (contractors, performers):
- open (open tender, electronic auctions, request for quotations and others);
- closed (closed tender, 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 the counterparty when purchasing services, goods, works is to request quotes. This article will describe in detail its pros, cons and procedure.
Definition
Article No. 72 gives the following definition of the concept: “Request for quotation is a way of determining the supplier (contractor or contractor), during which an unlimited circle of persons is informed about the needs of the customer through placement in a single information system.” The winner in this option is one of the participants in the purchase, the contract price offer of which is minimal. When using this method, making security and any other collection of any payment is not allowed.
Requirements for
The main factor influencing the determination of the supplier (contractor 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 quotes” method under 44- may not always be used, but only if the following requirements are fulfilled:
- the maximum cost of the contract is not more than five hundred thousand rubles;
- the volume (total) of annual purchases made using the quotation request method should not exceed ten percent of the total amount of funds allocated for all purchases by the customer in the reporting period. In this case, there is a maximum limit equal to one hundred million rubles per year.
Exceptional Purchasing Terms
Regarding the types of goods, work, services, the law does not establish any restrictions when using the “request for quotes” method under 44-FZ. In this connection, this option is one of the most attractive for customers, since it makes it possible to purchase any services, works or goods at the lowest possible price of the contract as soon as possible. However, the Law determined a number of exceptional cases when the purchase of services, work or goods is not possible by way of requesting quotations. Limitations are set:
- in cases of procurement of the following types of goods, work, services purchased for the needs of a customer operating in a foreign country (diplomatic and consular institutions). In this case, procurement is possible from Russian and foreign suppliers:
- For goods, the absence of which leads to a violation of the normal functioning of citizens. These products include: food, drugs, fuel. Article 76 of FZ-44 provides for a number of exceptions to this restriction. It is allowed to buy these goods in the indicated way in cases where the control body decided to cancel the results of the tender (auction) and it is allowed to make purchases using the "quote request" method. This is also possible provided that the customer unilaterally refuses to fulfill the contract concluded earlier. Purchase is allowed by court order.
- To request quotes conducted on special conditions (Article 82 of the Federal Law). This article regulates procurements aimed at the implementation of humanitarian assistance or the purpose of which is to eliminate an emergency 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. At the same time, the Law contains restrictions that prohibit the use of the method in question in some cases and impose on the customer the obligation to carry out activities in a closed way. These 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 procurement 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 other persons) for temporary disposal.
Limited Contest
In cases where the option "request for quotes" under 44-FZ is not possible, also include obligations to conduct the purchase by the customer 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 implementation of innovations. In other words, the executors of these types of purchases are persons with certain specialized 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 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 work, a prerequisite for the fulfillment of which is the access of performers to databases, security systems and internal repositories 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 choose a contractor, the following is allowed:
- under Article 48, 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 making purchases from a single supplier (Article 93).
Benefits
A distinctive feature of the request for quotes in comparison with other methods of determining the supplier is its simplicity and convenient implementation. From the point of view of customers, 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 the existing restrictions, this method is chosen. The distinctive advantages of this type of supplier determination over others are:
- Efficiency compared to electronic auctions or open tender.
- A relatively small amount of 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 by the supervisory authorities.
- A significant reduction in the risk of negative consequences not due to the fault of the customer (for example, a malfunction in the electronic site due to technical reasons).
- Use along with the main criterion used in the consideration of applications, a number of other, additional criteria.
disadvantages
The main disadvantages of the process of purchasing goods (works, services) using the "request for quotation" method include the following:
- Increased attention on the part of regulatory authorities to the process of selecting a contractor. First of all, the argumentation of the choice in favor of this particular option and the process of forming the maximum cost of the contract on the part of the customer are checked.
- This method compared to the rest is more time-consuming. The following additional obligations are imposed on the customer: reception and registration of all received applications, storage of all accepted documentation, providing all participants with equal access to the results of the considered applications and other functions provided by law.
- The relatively high level of risk inherent in the method of "request for quotation" is associated with the absence of a mandatory condition on the introduction of security for applications from their owners fixed at the legislative level. In this situation, the probability of concluding a contract with an unscrupulous supplier is significantly increased.
- When making a purchase using the considered option, it is impossible to divide its total set into separate components (lots).
The main stages of the procurement procedure
The totality of determining the final contractor by the method of “request for quotation” can be divided into six main stages, each of which is carried out within a limited time frame and has its own inherent measures with the preparation of relevant documents. Each of the steps is described in detail below.
First stage
At this stage, the general initial task of preparing for the procurement by the considered method is realized. At the first stage, the following measures should be implemented:
- Development and approval of regulations on the composition of the commission and its powers. This is carried out on the basis of Federal Law No. 44-FZ and internal documents of the organization.
- Creation on the basis of the provision directly of the commission itself, consisting of members of the organization and having the appropriate education. The tasks of this structure include the consideration of all received quotes.
- Planning and direct organization of the procurement process in this way.
When carrying out activities specific to the first stage, the following documents are prepared:
- an organization’s order to create a single commission, within the framework of which a regulation is adopted that sets out the procedure for the implementation of all purchases and defines the powers of each member of the commission;
- A direct order to conduct a purchase by a customer using the "quote request" method.
The legislation gives a certain time to prepare all the necessary documentation. The following restriction is imposed: the complete set of documents must be ready at the customer's office no later than ten days (calendar) before the date on which the day of completion of acceptance of applications is assigned.
Second phase
At this stage, the direct preparation of the documents necessary for the request for quotations takes place. The following activities are being implemented:
- preparation and approval of a package of documents required for the planned activity;
- development and approval of the contract under which the procurement will be made.
To implement these measures, the following documents are prepared:
1) the terms of reference for future procurement are created with the mandatory justification of the contract value;
2) appropriate types of applications are developed for participation in the procurement (sample request for quotations);
3) the type of the final contract is approved, under the terms of which the procurement will take place;
4) specialized documentation is being developed, which will subsequently be published - a notice on the conduct of a quotation request.
The 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 assigned.
Third stage
At this stage, information about the conduct of the request for quotations is published in a special information system. The following activities are carried out:
1. Issuing an electronic signature to the head of the organization (or other official 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. A notice on the conduct of a quotation request is published on the information resource.
4. Direction to the procurement participants on the part of the customer of information on a previously developed structure. Here, the established quote request form is used.
At the third stage, the necessary documents must be prepared and approved no later than seven (in some cases four) calendar days prior to the date on which the deadline for accepting applications is assigned. Notification of a request for quotations should be sent to each side. This must be done on the same day when the announcement of the competition appeared in a single information system. Any party registered in the information structure that has the necessary qualities to fulfill the relevant order can take part 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 events. In particular:
- an application for a request for quotations is accepted with mandatory confirmation;
- in a special journal, all information received is recorded.
In the process of ongoing events, special documentation is created in which all the information provided is recorded. In this case, confirmation from the customer’s representatives of the receipt of information is required (in writing in the form of receipts, through specialized communications using electronic signatures). Applications are accepted from the moment the information on the conduct of the quotation request is published until the regulated day and time, which are its end.
Fifth stage
At this stage, as a result of the following events, the winner is determined:
- Opening of all registered envelopes.
- An individual assessment of each offer.
- Choosing the best deal and determining the winner.
- Publication in accordance with the results of the considered applications on the information website of the special final document on the winner. As a result, a quotation request protocol is compiled. The winner is established no later than 1 business day from the date of termination of the reception of information from those who wish. A request for quotations, provided that information from more than one party is submitted, 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 quotes" method. The terms of signing the contract are within seven to twenty days from the date of publication of the result of the consideration of the received information 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 for approval and signing is transferred to the contractor. After carrying out all the procedures, in the absence of disagreement between the parties, the contract is signed and is considered valid.