What is the difference between an open request for proposals. Types of public procurement: tenders, competitions, auctions

These days when the markets different countries can freely interact and cooperate with each other, there are 3 main types of procurement - government procurement, procurement based on tenders and auctions, and less common - requests for quotations and proposals. Now we will find out the basic principles of requests for quotes and offers, their similarities and differences.

Quotation request component

If you have planned a contract, the total cost of which does not exceed half a million rubles, then you can safely create a request for quotations. However, when requesting quotes, there are nuances that just need to be taken into account:

  • The order must be presented in a unified information system.
  • The maximum term for resolving all issues is 7 days.
  • The company offering the lowest contract value will be the winner.
  • The maximum percentage of annual purchases made through a request for quotations should not exceed 10% of the available funds intended for purchases.

A person who deals with market relations will immediately understand that a week's time to clarify all points of the contract is very little, since, for example, in tender purchases, 20 days are given to resolve all issues.

Naturally, in order to make a request for quotations, the customer must fulfill certain conditions:

  • Indicate information confirming the identity and methods of contact.
  • Outline the main essence of the contract.
  • Specify the purchase code.
  • Clarify how the winner will be selected.
  • The time of opening the envelope should be indicated as accurately as possible.
  • If necessary, clarify possible restrictions in order to avoid force majeure situations.

It will be quite important to note the fact that if a single request for quotations is submitted, such a purchase is simply considered invalid. And it goes without saying that the customer has no right to open the envelope before the specified day and time.

To open the envelope, a special commission is appointed, whose duties include a thorough check of all the requirements set by the customer. All available and necessary information will be in a single information system. And most importantly, the winner is the applicant whose contract value is the lowest.

Component of the request for proposals

Request for proposals is relevant only in "emergency" cases or extremely urgent public procurement. If you need urgent expensive and foreign treatment, the need for the national team to travel to important competitions for the country, purchase military equipment and inventory - these are exactly those cases.

The essence of this request consists in the fact that the tender and all information about it must be indicated within five days before its start. It should be noted that the information required by the customer has quite a few points that will help form a thorough, more specific moral and financial portrait of the future performer. Here are the main points you need to:

  1. Financial information... The solvency of the company is checked, thereby eliminating the risk of bankruptcy of the contractor.
  2. Technical capability, possibility of transportation.
  3. Customer contact information, with which the performer had (has to) conclude contracts and agreements. This is necessary to obtain a more accurate characteristic.

The appointed commission considers and "weighs" the possibilities of all applicants. In this case, the victory belongs to the representative who best suits the terms of the request for proposals and fulfilled all the customer's requirements. In the request for proposals, there is a possibility of considering the proposal after the end of the tender, but this happens very rarely and only by agreement of the customer with the commission.

Conclusions and comparative characteristics

Having considered both options for requests, we can safely highlight several distinctive points:

  • Method of selection and determination of the winner (in the case of a request for quotations, the selection is based on the price, and in the request for proposals - under the optimal fulfillment of the required conditions).
  • Submission of the necessary information from the applicant (when requesting proposals, much more data is required in a shorter time frame).
  • The ability to conduct a request (a request for quotations is possible subject to certain conditions, and a request for proposals is possible only in accordance with the legislation of the country).
  • Financial terms (when requesting quotes, the initial contract price must be no more than half a million rubles).
    As we can see, the differences are very significant, and which of the options the customer prefers is up to him.

In addition, information in the public domain also appears in the unified information system. The winner is the bidder who first submitted the bid with the lowest contract performance price. The request for proposals differs from quotations in that, instead of the lowest possible price, potential bidders offer their options for the execution of the contract. Information about such a tender must be received no later than 5 days before its holding. A request for proposals can be carried out only in certain cases, including the treatment of Russian citizens abroad, the purchase of sports equipment for the preparation of national teams of the country and in other situations that are spelled out in FZ-44. The contractor, whose proposal best suits the terms of the tender and the needs of the customer, wins in the end.

What is the difference between a request for quotation and a request for proposals

From the point of view of evaluating bids, the request for proposals is the most subjective way of all purchases, since the criteria are determined by the customer at his discretion, as well as the system for their evaluation. What purchases can be made by requesting quotations and quotations Any purchases can be made by requesting quotations.


Attention

The main thing is to keep within the monetary limits established by the law: the amount of one contract should not exceed 500,000 rubles, and the total annual volume should not exceed 10% of the total volume of purchases stipulated by the schedule for placing orders. But the cases in which it is allowed to conduct a request for proposals are strictly defined by Part 8 of Article 83 of Federal Law No. 44.

Requests for quotes and proposals - what is their essence?

Important

Features of requests for quotations and proposals Requests for quotations and proposals, in contrast to the tender, are made in a shorter time frame. So, it takes 20 days to hold a tender, while requests must be resolved in 7 working days.


The customer publishes his proposal to the unified information system, and the winner becomes the participant who offers the most low price execution of the contract. However, despite such conveniences, there are limitations here: the form of procurement is possible only in cases where the starting price of the contract does not exceed half a million rubles.
There is also another very important point... In general, the volume of annual purchases through quotations and proposals should not exceed 10 percent of all funds allocated for procurement. There is a certain limit on the total amount of money, it should not exceed 100 million rubles per year.

Request for proposals and request for quotations under Federal Law No. 223

The notice of the request for proposals is published on the Public Procurement Portal no later than 5 calendar days before the date of the procedure. After the bids have been opened, the participants in the request for quotations can only wait for the announcement of the results. The minutes must be posted within one business day. But for those who have submitted applications for participation in the request for proposals, the procedure is not over yet.
All admitted participants must submit final proposals within one working day and only the next day after receiving them, the commission will announce the winner by drawing up a protocol and posting it on the Public Procurement Portal.

Request for proposals for 44-fz and 223-fz + step-by-step instructions

So, when making a request for quotations, the customer is obliged to indicate his contact information, briefly outline the main terms of the contract, indicate the purchase code, the method for determining the winner, as well as possible restrictions. In addition, the quotation must indicate the place and time of opening the envelopes of all applicants - this is the format in which the participants' applications are submitted.

At the same time, the customer does not have the right to open the envelopes before the deadline indicated in the quotation. If, when requesting quotations, only one proposal is submitted, then such a purchase is considered invalid.

When opening envelopes, there is a special commission that evaluates and checks the compliance of applications with the established requirements. In addition, information is publicly available, it appears in a unified information system.

The winner is the bidder who was the first to submit the bid with the lowest contract execution price.

Request for proposals for 44-FZ. step-by-step instruction

Today, in the field of economic relations, there are both the main methods of public procurement and less common ones. The vast majority of transactions are concluded through tenders and auctions.

However, sometimes the customer takes advantage of his capabilities and applies other mechanisms - the so-called requests for quotations and proposals. Unlike a tender, which takes up to 20 days, when requesting quotes, all issues must be resolved within a week at the most.

In this case, the customer publishes his proposal in a unified information system, and the winner is the company that offered the lowest contract execution price. True, there are limitations here: this form of procurement is possible only in cases where the starting price of the contract does not exceed half a million rubles.

There is one more important point.

Tender (bidding)

Tender (tender - offer) - a competitive form of selection of proposals for the supply of goods, the provision of services or the performance of work according to conditions previously announced in the documentation, within the agreed time frame on the principles of competition, fairness and efficiency. The contract is concluded with the winner of the tender - the participant who submitted a proposal that meets the requirements of the documentation, in which the best conditions are offered.

The term "tender", used in everyday speech, can be analogous to the Russian terms competition or auction, as well as other competitive procedures, for example, request for quotations, request for proposals. Trades in Russian Federation subdivided into open and closed, can be carried out in one or two stages, in the form of a competition or auction. Trades carried out for state needs within the framework of a state order are carried out in only one stage.

Legislation on the placement of state and municipal orders ( the federal law dated July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs") provides for other procurement methods that are not tenders - this is a request for price quotations - which can be used when small volumes of purchases (less than 500,000 rubles), as well as purchases from a single source used in cases specifically stipulated in Russian legislation.

Russian legislation

On July 21, 2005, Federal Law No. 94-FZ "On Placing Orders for the Supply of Goods, Performance of Work, and Provision of Services for State and Municipal Needs" was issued, which came into force on January 1, 2006. This law regulates all state and municipal purchases in the Russian Federation, and also introduces a number of mandatory requirements on the publication of information on ongoing purchases on the Internet.

The law 94-FZ does not contain the term "tender", since it is borrowed from in English by tracing (borrowing the structure of an element of a foreign language) without translating and reflecting true meaning the words. Instead, a more correct term is used that is present in the legislation of the Russian Federation - an open tender. The law also defines such types of purchases as request for quotations, open auction, open auction in electronic form, pre-selection, exchange trading.

On July 24, 2007, Federal Law No. 218-FZ "On Amendments to the Federal Law" On Placing Orders for the Supply of Goods, Performing Works, Rendering Services for State and Municipal Needs. " the list of reasons for purchasing by the method “from a single supplier” was expanded, the procedure for calculating the terms (from calendar days to working days), etc. was changed. Later, Federal Laws No. 257-FZ of 08.11.2007, No. 160-FZ of 23.07 were adopted. 2008, No. 225-FZ of 01.12.2008, No. 308-FZ of 30.12.2008, No. 323-FZ of 30.12.2008, No. 68-FZ of 28.04.2009, No. 93-FZ of 08.05.2009 and No. 144- FZ of July 1, 2009, No. 147-FZ of July 17, 2009, No. 155-FZ of July 17, 2009 and No. 164-FZ of July 17, 2009 introducing numerous clarifications and amendments to the law. 2009 with the issuance of Law No. 164-FZ (Art. 7). Based on materials from ru.wikipedia.org

Types of government procurement

  • With bidding
    • Contests
      • Open competition
      • Closed competition
    • Auctions
      • Open auction
      • Closed auction
      • Electronic auction

Open competition

The most common method of competitive procurement is an open tender in which any supplier can participate. The notice of an open tender is published in specialized publications, on the customer's website, in the media. The open tender procedure lasts at least a month and requires a lot of resources (preparation of tender documentation, evaluation of applications, etc.).

The competition is conducted by the customer or his authorized representative. All requirements for the subject of procurement and suppliers, as well as the criteria for selecting the winner and the tender procedure are set out in the tender documentation. Participants in the competition submit applications prepared in accordance with the requirements. If only one application is submitted for the competition, it is considered invalid.

At the public bid opening procedure, the bidders and their price proposals are announced. The competition committee evaluates all applications and determines the winner - the participant who submitted the most advantageous offer. Negotiations are underway with him to conclude a contract.

If negotiations come to a standstill, the organizer of the tender conducts them with the supplier who made the next most advantageous offer.

Closed competition

The rules for a closed competition are the same as for an open competition. The difference lies in the choice of participants. If any eligible supplier can participate in an open tender, the invitation to participate in a closed tender will not be published. Only those suppliers invited by the customer can participate in it. Information about the results of the closed competition is also not published.

A closed competition is held in the following cases:

  • products are available only from a limited number of suppliers or a limited number of suppliers have qualifications that suit the customer;
  • products are purchased for security purposes or the purchase is confidential;
  • The time and costs that will be required to review and estimate a large amount competitive applications, are incommensurable with the cost of purchased products.

Open auction

An open auction allows you to implement a government order by submitting an application via the Internet. A contract for a government order that provides for the provision of goods, works or services is called a lot. The main criterion for determining the winner of any auction is the price. Therefore, the winner of the auction is the person who offered the lowest price of the state or municipal contract.

A notice of an open auction is published in the official print media and posted on the official website at least twenty days before the deadline for filing applications for participation in the auction. In cases specified by law, the notice of an open auction may be reduced to seven working days before the deadline for the submission of bids.

Auction bids can be discrete (with a certain step) and continuous. The auction can consist of several rounds, in each of which the participants have the opportunity to make a new bid. If no new bids have been made at the end of the round, the auction ends.

To confirm the seriousness of the intentions of the auction participants, usually a non-refundable monetary contribution, deposit or other security for bids is taken from them.

Closed auction

Like tenders, auctions can be open or closed. However, if in closed tenders the rules are exactly the same as in open ones, but a limited number of suppliers are allowed to participate, then in closed auctions there are no such restrictions. The only difference between closed auctions is that the auctioneers do not know the bids of other participants, since they are submitted in sealed envelopes, while in open auctions, each bid becomes known to all participants.

The notice of a closed auction, the auction documentation, changes made to it, as well as clarifications of the auction documentation are not subject to publication in the media and placement on the Internet. The customer, the authorized body, no later than twenty days before the deadline for filing applications for participation in the auction, send in writing invitations to participate in a closed auction to persons who meet the requirements of the law, have access to information constituting a state secret, and are able to deliver goods , performance of work, provision of services that are the subject of the auction.

Closed auctions are most often used to reduce the customer's risks, primarily associated with possible collusion of participants. However, the cost is reduced efficiency.

Electronic auction

An open electronic auction (OAEF) is an electronic auction on the website of electronic trading platforms accredited by the Ministry economic development RF. Its order is regulated by chapter 3.1. Federal Law No. 94-FZ and government regulations.

The notice of the auction, as well as other information about the progress and results of the auction is posted directly on the electronic platforms.

From July 1, 2010, federal government customers, and from January 1, 2011 - customers of the constituent entities of the Russian Federation and municipal customers are required to conduct open auctions in electronic form. In such conditions, it is not known who is participating in the auction until the end of the auction, which ensures competition and reduces the possibility of corruption.

Accredited electronic trading platforms (ETP) for government orders

According to the decision of the Ministry of Economic Development of Russia, by January 1, 2010, five electronic trading platforms were selected:

  • Sberbank-AST CJSC;
  • JSC "United Electronic Trading Platform";
  • State Unitary Enterprise "Agency for the State Order of the Republic of Tatarstan";
  • CJSC Moscow Interbank Currency Exchange;
  • LLC "RTS-tender".
Differences between electronic auctions and other types of auctions

Specifications

Electronic auction

Request for quotes

Submission of proposals

Multiple / electronic

Single / paper-based

Obligations of the customer and the winning bidder

Legally secured (based on electronic digital signature)

Absent

Legally secured

Relative volume of workflow

Minimum, served one time

Small

Benefits of electronic auctions

In addition to saving budget funds and reducing the risk of corruption, the UAEF provides wide access to government orders for small and medium-sized enterprises, expanding markets for their goods and services. The advantages of electronic auctions over conventional auctions and competitions include the following:

  • Short lead times;
  • Saving budgetary funds for organizing and conducting trades;
  • Transparency and openness of the procurement process;
  • Fair competition, excluding non-price methods of fighting;
  • Equal rights of all suppliers of goods, works and services;
  • Participation in the auction is possible from anywhere in the world without leaving your office;
  • High level of security and protection, the use of electronic digital signatures;
  • Accessibility for representatives of medium and small businesses, who previously could not enter the area of ​​public procurement.
Rules for holding open auctions in electronic form:
  • To participate in the auction, you need to register on the electronic trading platform and, on the day of the auction, go to the auction website using identification means or EDS.
  • The auction is held to lower the price. If the price drops to zero, then it goes up.
  • At the start of the auction, the participant can make a price offer within the current step of the auction, not exceeding the initial (maximum) price of the contract, using special form on the site.
  • The participant can submit quotations repeatedly.
  • Auction is considered completed if, after 10 minutes from the start of the auction or the last price offer, the participant has not received an offer providing for a lower price.
  • The winner is the participant who offered the lowest contract price.
  • The participant who has made the next best price offer after the winner is also revealed.
  • The system automatically generates a protocol with the trading results within a few minutes.
  • Without bidding
    • Request for price quotes
      • limit on the amount: up to 500 thousand rubles. per quarter for goods / works / services of the same name
      • restriction on goods: there must be an existing market for goods / works / services, customer requirements must be fairly general
      • limit on the amount: up to 100 thousand rubles. per quarter for goods / works / services of the same name

Request for quotes

Request for quotations is a method of placing an order in which information about the needs for goods, works, services for state or municipal needs is communicated to an unlimited number of persons by posting a notice on the request for quotations on the official website. The procedure for making a request for quotations is regulated by Chapter 4 of Federal Law No. 94-FZ of July 21, 2005.

This method is usually used when it comes about serial, standard products, for example, about computers, stationery, fuels and lubricants, some types construction works, lease of premises, etc. The winner is the participant who offered the lowest contract price.

The limit for placing an order by requesting quotations at the maximum contract price should not exceed RUB 500,000.

The method of requesting quotes is the simplest and fastest of the competitive procedures. In this case, there is no need to develop tender documentation and criteria for evaluating bids, and since most often serial products are purchased, quotation bids are evaluated, taking into account all approvals, in about 1-7 days.

The disadvantage of the method for requesting quotes is the ability of interested parties to influence the outcome of the purchase, since all offered prices are known to the organizers before the deadline for accepting applications.

Placing an order with a single supplier

When purchasing from a single source, the customer submits a contract proposal and negotiates with only one supplier.

Purchasing from one supplier is used in the following cases:

  • when products are provided by only one supplier or equipment is patented and can be purchased only from a single source, and there is no equivalent replacement;
  • when extending the concluded contract, if it provided for such an opportunity;
  • if the contractor needs to purchase key items from a specific supplier as a guarantee of contract performance;
  • in case of emergency (liquidation of the consequences of natural disasters);
  • if during the procurement by a competitive method there were no suitable offers.
It is advisable to purchase products from one supplier with insignificant amounts of purchases, when the customer's expenses for the search and selection of suppliers are much higher than the price of the purchased products.

Request for proposals is used to find a company that will fulfill a large order on the most favorable terms. The method for the customer is actually very effective. He receives several interesting offers and chooses the most profitable one. However, there are limitations.

Request for proposals is a competitive way of determining a supplier, the winner of which is the one whose final proposal is the best way meets the requirements for the procurement object established by the customer (part 2 of article 24, part 1 of article 83 44-FZ).

Management of state and municipal procurement ( , , ac. hours) - an additional professional training program for contract managers, specialists of contract services and procurement commissions. When can you conduct a request for proposals?

The law strictly defines the situations in which it is allowed to conduct procurement by means of a request for proposals. Only for the conclusion of certain types of contracts is it allowed to use the procurement in this form.

  1. A repeated competition did not take place (part 4 of article 55, clause 8 of part 2 of article 83 44-FZ). In this case, the repeated competition must be declared invalid, for example, if no applications for participation were submitted or all received applications were rejected. The rest of the grounds are listed in Part 2 of Art. 55 44-FZ. If the repeated tender is declared invalid for other reasons, the customer is not entitled to conduct a request for proposals.
  2. An electronic auction did not take place (clause 8, part 2, article 83 44-FZ). Unlike the competition, there is no requirement to repeat the auction.
  3. It is necessary to purchase goods, works, services that make up the unfulfilled part of the terminated contract (clause 6 of part 2 of article 83 44-FZ). Only if the customer unilaterally terminated the contract in accordance with Part 9 or Part 15 of Art. 95 44-FZ. NMCK and the volume of the new purchase must be reduced taking into account the fulfilled obligations (clause 6, part 2, article 83 44-FZ).
  4. It is required to purchase the goods and services specified in clauses 2, 3, 7, 9, 10 h. 2, Art. 83 44-FZ. For example, drugs prescribed to a patient for health reasons or because of individual intolerance (clause 7, part 2 of article 83 44-FZ).

Stages of the request for proposals

Stage 1... The customer prepares and publishes a notice of the request for proposals in accordance with Part 4 of Art. 83 44-FZ, documentation in accordance with Part 6 of Art. 83 44-FZ and the draft contract, which will be concluded with the winner based on the results of the procedure. Information about the request for proposals must be posted in the EIS no later than five calendar days before it. According to Part 5 of Art. 83 44-FZ from the moment of placement in the EIS of the notice of the request for proposals, the customer does not have the right to cancel the procedure or make changes to the notice and procurement documentation.

Stage 2... Acceptance of applications. Applications for participation are submitted in writing, include the documents specified in the documentation, as well as payment order confirming the entry of the application security (if such security is established in the documentation).

Stage 3... Consideration of applications. Participants' applications are reviewed for compliance with the documentation requirements. Participants who do not meet the requirements are rejected, their proposals are not evaluated. Based on the results of the consideration, an extract from the protocol of the request for proposals is drawn up and posted on the day of opening the envelopes in the UIS, indicating the reasons for the removal of participants from further participation (if any). After all admitted bids have been evaluated in accordance with the established criteria, the commission records the results in the form of a table, which is included in the protocol for the request for proposals, which indicates the conditions, price and other criteria for evaluating each of the admitted bids. It is important to note that any participant has the right to be present during the consideration of applications, as well as to conduct audio and video filming.

Stage 4... Selection of the winner. After considering and evaluating the applications, the commission prepares a protocol for the request for proposals and announces the conditions for the execution of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation (part 11 of article 83 44-FZ). After that, the participants are invited to send the final proposal no later than the working day following the date of the request for proposals (part 12 of article 83 44-FZ).

If all participants present refused to submit the final proposal, the request for proposals ends.

The refusal of the participants to send the final proposals is recorded in the minutes and the initial submitted applications for participation are recognized as the final proposals. Opening of access to bids with final proposals is carried out on the next business day after the date of completion of the request for proposals.

Stage 5... Evaluation of final proposals, summing up the request for proposals. The commission evaluates the final proposals and prepares the final protocol. The final protocol and the protocol of the request for proposals are posted in the EIS on the day of signing the final protocol.

The winning final offer is the final offer that best meets the customer's requirements for goods, works, services.

If several final bids contain the same terms of performance of the contract, the winning final bid shall be the final bid that was submitted earlier.

Criteria for evaluating applications in a request for proposals (Art. 32 44-FZ):

  • contract price;
  • expenses for the operation and repair of goods, the use of the results of work;
  • quality, functional and environmental characteristics of the procurement object;
  • qualifications of the procurement participants, including the availability of financial resources, on the basis of ownership or other legal basis, of equipment and other material resources, work experience related to the subject of the contract and business reputation, specialists and other employees of a certain qualification level.

6 stage... Conclusion of a contract. The contract is concluded on the conditions stipulated by the notice of the request for proposals and the final proposal of the winner, no earlier than 7 days from the date of posting the final protocol in the EIS and no later than 20 days from the date of signing the protocol. The contract is concluded only after the winner has provided security for the performance of the contract.

The main difference between the request for proposals from other procurement procedures

A request for proposals differs from an open tender only in the ability of the supplier to improve its offer by sending the final bids to the customer, thus increasing your chances of winning. The rest given view procurement is identical to the competition. (the basic requirements for participants are established in 44-FZ, the criteria for evaluating applications are used, etc.)

It differs from an electronic auction in the form and procedure for the procurement. From the request for quotations - the order of determining the winners.

In addition to various electronic auctions and tenders, Federal Law 44 provides for several more procedures that allow the customer to make a purchase in a fairly short time. The most popular among them is the request for quotes. Slightly less popular, but no less convenient is the request for proposals. Many customers and potential participants do not understand well what is the difference between these procedures. In fact, they are, moreover, very significant. Winner Determination Mechanism The first, and most important, difference between requests for quotations and proposals is the Winner Determination Mechanism. In the first case, it becomes the one who offered the most favorable, minimum price. But in the second - the most profitable and attractive terms of execution.

From the point of view of evaluating bids, the request for proposals is the most subjective way of all purchases, since the criteria are determined by the customer at his discretion, as well as the system for their evaluation. What purchases can be made by requesting quotations and quotations Any purchases can be made by requesting quotations.

The main thing is to keep within the monetary limits established by the law: the amount of one contract should not exceed 500,000 rubles, and the total annual volume should not exceed 10% of the total volume of purchases stipulated by the schedule for placing orders. But the cases in which it is allowed to conduct a request for proposals are strictly defined by Part 8 of Article 83 of Federal Law No. 44.

Categories

Price Analysis "is not a procurement method under 44-FZ. In accordance with the requirement of this law, namely Article 22, customers are obliged to calculate the initial (maximum) contract price in one or more ways. The primary method is the method of comparable market prices (market analysis).


Attention

The customer makes the calculation of the NMCK, guided by the Order of the Ministry of Economic Development dated 02.10.2013 No. 567, and bears personal responsibility for the correctness of its determination, but he does this without placing such monitoring on electronic platforms. The task of the procurement procedure is to search for the executor of the order (determination of the winner).


The purchase without fail contains documentation in which the NMCK is already indicated, the volumes of delivery of goods, works, services, the terms of the contract and the terms of payment, as well as the draft contract itself. These are the signs of the purchase.

What is the difference between an open tender and a request for proposals

They post preliminary stage purchases - "Price Analysis", collect price proposals from potential suppliers, analyze them, form the NMC and then announce a tender. Everything seems clear, but there are still a few important issues, to which Nina Kozhurova will answer - the leading tender specialist of the Biko Group of Companies, the author and teacher of the seminar on 44-ФЗ " Training center Biko ".

Important

Why is demand growing? Can we assume that the "Price Analysis" is beneficial for suppliers, is it convenient for customers? Kozhurova Nina: Determination of the initial (maximum) contract price is a prerequisite when announcing both a state and a commercial tender. For the formation of the NMCK, the customer chooses the method of its determination.


To do this, he can send requests to commercial offers, to conduct an analysis in publicly available sources of the Internet, but this information is not always up-to-date.
Composition of documents The customer, announcing a request for quotations, must place a notice on the website www.zakupki.gov.ru and attach a draft contract to it. In the case of a request for proposals, in addition to these documents, there must be documentation, the requirements for the content of which are determined by Part 6 of Article 83 of Federal Law No. 44.
Changes to or Cancellation of a Purchase Another difference between a request for quotations and proposals is that in the first case, the customer cannot make changes to the notice and documentation, or cancel the purchase. In the second - it can, but not later than two working days before the deadline for accepting applications.
Deadlines for submission and evaluation of bids, final proposal In the case of a request for quotations, the deadline for submission of bids must be at least four (for purchases worth less than 250,000 rubles) or seven (for purchases worth more than 250,000 rubles) days.

The difference between the price monitoring procedure and the request for proposals

ETP “Fabrikant” and transfer this information to the centralized Price Database (BDC) of the State Corporation “Rosatom”. The “Price Monitoring” procedure is not an auction and does not aim to identify a winner. Preparation for the publication of the “Price Monitoring” procedure is carried out in the “Procurement” EOS system, where a list of participants (and / or a list of OKDP categories) is formed, to whom (for which) a notification about this procedure will be sent on the ETP. Automatic publication of the procurement procedure is made on the ETP "Fabrikant" simultaneously with the sending of confirmation of the acceptance of the price request from the EOS system "Procurement". After sending the request to the ETP, the Organizer cannot make changes to his request and, accordingly, cannot edit the notice. The procedure is carried out in open mode, access to the information provided by the organizer is open to all clients of the Portal.
From the point of view of evaluating bids, the request for proposals is the most subjective way of all purchases, since the criteria are determined by the customer at his discretion, as well as the system for their evaluation. What purchases can be made by requesting quotations and quotations Any purchases can be made by requesting quotations. The main thing is to keep within the monetary limits established by the law: the amount of one contract should not exceed 500,000 rubles, and the total annual volume should not exceed 10% of the total volume of purchases stipulated by the schedule for placing orders. But the cases in which it is allowed to conduct a request for proposals are strictly defined by Part 8 of Article 83 of Federal Law No. 44.

Is the “Price Analysis” type of procedure regulated by the 44th or 223rd Federal Laws? Kozhurova Nina: 44-FZ contains the following procedures for determining a supplier: tender, electronic auction, request for quotations, request for proposals, purchase from a single supplier, tender with limited participation, two-stage tender and closed procedures. "Price analysis" is not a procurement method under 44-FZ. In accordance with the requirement of this law, namely Art.

22, customers are required to calculate the initial (maximum) contract price in one or more ways. The primary method is the method of comparable market prices (market analysis). The customer makes the calculation of the NMCK, guided by the Order of the Ministry of Economic Development dated 02.10.2013 No. 567, and bears personal responsibility for the correctness of its determination, but he does this without placing such monitoring on electronic platforms.

There are two main state procurement procedures in the Russian Federation - an open tender and a request for proposals. What are the differences between the two event options? Open competition: what is it? An open tender is held on the basis of Federal Law No. 44 "On Amendments to the Federal Law" On the Contractual System in the Procurement of Goods, Works, Services to Meet State and Municipal Needs ". Many start-up entrepreneurs avoid participating in such procedures, as they are afraid of the complexity of preparing tender applications. At the same time, an open competition creates the basis for further advancement in the modern market and conquest additional benefits, allowing you to favorably distinguish yourself from competitors. An open tender is a tender in which the customer provides information about the procurement to an unlimited number of persons.

Thus, such a price analysis procedure allows the customer to openly and objectively determine the NMC of a future purchase, form the terms of contract execution based on the proposals received, and study the possible competitive component of a future purchase. Participation in such monitoring gives the supplier an opportunity to prepare in advance for participation in this purchase.

–How not to get confused and distinguish the price analysis procedure from the purchase itself? Kozhurova Nina: The analysis of price offers is carried out not only under the title "Price Analysis", there are also: "Monitoring of offers", "Monitoring of the market", "Request for proposals" or "Request for quotations". The latter types of procedures can be either a quotation analysis procedure or a procurement procedure. To distinguish a purchase from a price analysis procedure, you need to familiarize yourself with the content of the documentation.
Thus, such a price analysis procedure allows the customer to openly and objectively determine the NMC of a future purchase, form the terms of contract execution based on the proposals received, and study the possible competitive component of a future purchase. Participation in such monitoring gives the supplier an opportunity to prepare in advance for participation in this purchase. -

How not to get confused and distinguish the price analysis procedure from the actual purchase? Kozhurova Nina: The analysis of price offers is carried out not only under the title "Price Analysis", there are also: "Monitoring of offers", "Monitoring of the market", "Request for proposals" or "Request for quotations". The latter types of procedures can be either a quotation analysis procedure or a procurement procedure.

To distinguish a purchase from a price analysis procedure, you need to familiarize yourself with the content of the documentation.