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

These days when the markets various countries can freely interact and cooperate with each other, 3 main types of procurement can be distinguished - public, 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 quotations and offers, their similarities and differences.

Component of a request for quotation

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

  • The order must be stated in a single information system.
  • The maximum term for resolving all issues is 7 days.
  • The company offering the lowest contract price will be the winner.
  • The maximum percentage of annual purchases made through the 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 period for clarifying 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 carry out a request for quotations, the customer must fulfill certain conditions without fail:

  • Indicate information confirming the identity and methods of contact.
  • State the main content of the contract.
  • Specify a purchase code.
  • Specify how the winner will be chosen.
  • 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 important to note the fact that in the case of a single request for quotations, such a purchase is simply considered invalid. And it goes without saying that the customer categorically 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 established 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

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

essence given request is that the tender and all information about it must be specified 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 contractor. Here are the essential items:

  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 contractor 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 fits the terms of the request for proposals and has fulfilled all the requirements of the customer. In the request for proposals, there is a possibility that the proposal will be considered 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 variants of requests, we can safely distinguish 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 - with 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).
  • The possibility of conducting 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 conditions (when requesting quotations, the initial contract price should not exceed half a million rubles).
    As we can see, the differences are very significant, and which of the options the customer will prefer is up to him to decide.

In addition, information in the public domain appears in a single information system. The winner is the bidder who first submitted the bid with the lowest contract execution price. The request for proposals differs from quotations in that instead of the lowest possible price, potential bidders offer their own options for the execution of the contract. Information about such a tender must be received no later than 5 days before it is held. 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 prescribed in Federal Law-44. The contractor whose proposal best meets the conditions of the tender and the needs of the customer, in the end, wins.

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

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


Attention

The main thing is to meet the monetary limits established by 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 provided for 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 quotations 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. So, 20 days are given for the tender, while requests must be resolved in 7 working days.


The customer publishes his proposal to a single information system, and the winner is 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 offers should not exceed 10 percent of all funds allocated for purchases. There is a certain limit on the total amount of money, it should not exceed 100 million rubles a 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 are 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 submitted applications for participation in the request for proposals, the procedure has not yet been completed.
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, 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 conducting a request for quotations, the customer is obliged to indicate his contact information, briefly state the main terms of the contract, indicate the procurement 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 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 offer is submitted, then such a purchase is recognized as failed.

When opening the 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 single information system.

The winner is the bidder who first applied with the lowest contract execution price.

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

Today, in the sphere 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 uses its capabilities and uses other mechanisms - the so-called requests for quotations and proposals. Unlike a tender, which takes up to 20 days to complete, when requesting quotations, all issues must be resolved within a maximum of a week.

In this case, the customer publishes his proposal in a single information system, and the winner is the company that offered the lowest price for the execution of the contract. 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 another 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 the conditions previously announced in the documentation, within the agreed time frame, on the principles of competitiveness, 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 both an analogue of the Russian terms competition or auction, and other competitive procedures, such as a request for quotations, a request for proposals. Bidding in Russian Federation are divided into open and closed, can be held in one or two stages, in the form of a competition or auction. Bidding carried out for state needs within the framework of the state order is carried out only in 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 methods of procurement that are not bidding - 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 specified 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 procurement in the Russian Federation, and also introduces a number of mandatory requirements on the publication of information on ongoing procurement on the Internet.

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 its translation and reflection true meaning the words. Instead, a more correct term is used, which is present in the legislation of the Russian Federation - an open competition. The law also defines such types of purchases as a request for quotations, open auction, open auction in electronic form, preliminary selection, exchange trading.

On July 24, 2007, Federal Law No. 218-FZ "On Amendments to the Federal Law" On Placement of Orders for the Supply of Goods, Performance of Work, and Provision of Services for State and Municipal Needs" was adopted. This law introduced significant changes to the procedures for placing state orders, the list of grounds for purchasing by the “single supplier” method was expanded, the procedure for calculating terms was changed (from calendar days to working days), etc. Subsequently, Federal Laws No. 257-FZ of 08.11.2007, No. 160-FZ of 23.07 were adopted. 2008, No. 225-FZ of 12/01/2008, No. 308-FZ of 12/30/2008, No. 323-FZ of 12/30/2008, No. 68-FZ of 04/28/2009, No. 93-FZ of 05/08/2009 and No. 144- Federal Law of 07/01/2009, No. 147-FZ of 07/17/2009, No. 155-FZ of 07/17/2009 and No. 164-FZ of 07/17/2009 introducing numerous clarifications and amendments to the law The current version contains amendments that entered into force on July 17 2009 with the release of Law No. 164-FZ (Art. 7) Based on materials from ru.wikipedia.org

Types of public procurement

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

Open competition

The most common way of competitive procurement is an open tender, in which any supplier can take part. A notice of an open tender is published in specialized publications, on the customer's website, and 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 held 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 of the competition submit applications drawn up 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 bids are announced. The competition commission evaluates all applications and determines the winner - the participant who submitted the most advantageous offer. He is negotiating a contract with him.

If negotiations reach an impasse, the organizer of the tender conducts them with the supplier who made the next best offer.

Closed competition

The rules of the closed competition are the same as in the open competition. The difference lies in the choice of participants. If any eligible supplier can participate in the open tender, then the invitation to participate in the 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 only available 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 expense that would be required to review and evaluate a large number of bids 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 government order contract providing 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 for the state or municipal contract.

A notice of an open auction is published in the official printed publication and posted on the official website at least twenty days before the deadline for submitting 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 submission of bids.

Rates at the auction can be discrete (with a certain step) and continuous. An auction can consist of several rounds, in each of which participants have the opportunity to place a new bid. If no new bids are placed at the end of the round, the auction ends.

To confirm the seriousness of the intentions of the participants in the auction, they usually take a non-refundable monetary contribution, a deposit or other security for the bids.

Closed auction

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

A notice of a closed auction, 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. Not later than twenty days before the deadline for submitting applications for participation in the auction, the customer, the authorized body shall 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 supply goods , performance of work, provision of services that are the subject of the auction.

Closed auctions are most often used to reduce the risks of the customer, primarily related to the possible collusion of participants. However, this comes at the cost of reduced efficiency.

Electronic auction

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

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

From July 1, 2010, federal state 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 bidding 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, five electronic trading platforms were selected by January 1, 2010:

  • ZAO Sberbank-AST;
  • JSC "Unified electronic trading platform";
  • State Unitary Enterprise "Agency for the State Order of the Republic of Tatarstan";
  • ZAO Moscow Interbank Currency Exchange;
  • LLC "RTS-tender"
Differences of electronic auctions from other types of auctions

Specifications

Electronic auction

Quote request

Submission of proposals

Multiple entry/electronic form

Single entry/on paper

Obligations of the customer and the winning bidder

Legally secured (based on electronic digital signature)

Missing

Legally secured

Relative volume of workflow

Minimum, submitted one time

Small

Advantages of electronic auctions

In addition to saving budgetary 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. Among the advantages of electronic auctions, compared with conventional auctions and competitions, are the following:

  • Short lead times;
  • Saving budgetary funds on the organization and conduct of tenders;
  • Transparency and openness of the procurement process;
  • Fair competition, excluding non-price methods of struggle;
  • Equal rights for 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 field of public procurement.
Regulations 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 tools or digital signature.
  • The auction is for a price reduction. If the price drops to zero, then it goes up.
  • At the beginning of the auction, the participant can make a price offer within the current auction step, not exceeding the initial (maximum) price of the contract, using special form on the site.
  • The participant can repeatedly submit price offers.
  • Bidding is considered to be completed if within 10 minutes from the moment of the beginning 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 made the next best price offer after the winner is also revealed.
  • The system automatically generates a protocol with the results of the auction within a few minutes.
  • Without bidding
    • Request for 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

Quote request

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 people by posting a notice on the request for quotations on the official website. The procedure for conducting 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 we are talking about serial, standard products, for example, about computers, stationery, fuels and lubricants, some types of construction works, lease of premises, etc. The winner is the participant who offered the lowest price of the contract.

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

The method of requesting quotations is the simplest and fastest of the competitive procedures. In this case, it is not necessary to develop tender documentation and criteria for evaluating bids, and since serial products are most often purchased, quotation bids are evaluated, taking into account all approvals, in about 1-7 days.

The disadvantage of the method of requesting quotations is the ability of interested parties to influence the outcome of the purchase, because 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 sends an offer to conclude a contract and negotiates with only one supplier.

Purchasing from a single supplier is used in the following cases:

  • when the product is provided by only one supplier or the equipment is patented and can only be purchased 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 the performance of the contract;
  • under emergency circumstances (liquidation of consequences of natural disasters);
  • if there were no suitable offers during the procurement by a competitive method.
It is advisable to purchase products from one supplier with insignificant purchase amounts, when the customer’s expenses for finding and selecting 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 of them. However, there are limitations.

A request for proposals is a competitive way to determine a supplier, the winner of which is the one whose final offer the best way complies with the requirements for the object of procurement established by the customer (part 2 of article 24, part 1 of article 83 of 44-FZ).

Management of state and municipal purchases ( , , ak. hours) - an additional professional advanced training program for contract managers, contract service specialists and purchasing commissions. When can a request for proposals be made?

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

  1. The repeated competition did not take place (part 4 of article 55, paragraph 8 of part 2 of article 83 of the 44-FZ). At the same time, the repeated competition must be declared invalid, for example, if not a single application for participation was submitted or all applications received were rejected. The remaining 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, the requirement for repetition in relation to the auction is not established.
  3. It is necessary to purchase goods, works, services that make up the unfulfilled part of the terminated contract (clause 6, part 2, 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. NMTsK and the volume of new purchases should be reduced taking into account the fulfilled obligations (clause 6, part 2, article 83 44-FZ).
  4. It is required to purchase goods and services specified in paragraphs 2, 3, 7, 9, 10, part 2 of Art. 83 44-FZ. For example, drugs prescribed to a patient for health reasons or because of individual intolerance (clause 7, part 2, article 83 44-FZ).

Stages of the request for proposals

Stage 1. The customer prepares and publishes a notice of a 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 a draft contract to be concluded with the winner based on the results of the procedure. Information on the request for proposals must be posted in the EIS no later than five calendar days before it is held. According to part 5 of Art. 83 44-FZ from the moment the notice of the request for proposals is posted in the EIS, the customer is not entitled 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. Applications of participants are considered for compliance with the requirements of the documentation. 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 minutes of the request for proposals is compiled and placed on the day of opening the envelopes in the EIS, indicating the reasons for the removal of participants from further participation (if any). After all admitted bids are evaluated in accordance with the established criteria, the commission records the results in the form of a table, which is included in the minutes of 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 recording.

Stage 4. Winner selection. After considering and evaluating applications, the commission prepares a protocol for conducting a 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 offer no later than the working day following the date of the request for proposals (part 12 of article 83 of 44-FZ).

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

The refusal of the participants to submit final proposals is recorded in the minutes and the initial submitted applications for participation are recognized as final proposals. Opening access to applications 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 the final proposals, summarizing 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 the final protocol is signed.

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

If several final offers contain the same conditions for the performance of the contract, the final offer that was received earlier is recognized as the winning final offer.

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

  • contract price;
  • expenses for the operation and repair of goods, the use of the results of work;
  • qualitative, functional and environmental characteristics of the procurement object;
  • qualifications of procurement participants, including their financial resources, on the right 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 skill level.

stage 6. Conclusion of a contract. The contract is concluded on the terms stipulated by the notice of the request for proposals and the final offer 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 provides security for the performance of the contract.

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

The RFP differs from an open tender only in the supplier's ability to improve his proposal by sending final proposals to the customer, thus increasing his chances of winning. Otherwise this species purchase is identical to the competition. (the main requirements for participants are established in 44-FZ, application evaluation criteria are used, etc.)

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

In addition to various electronic auctions and tenders, Federal Law 44 provides for several more procedures that allow the customer to purchase in a fairly short time. The most popular among them is the request for quotations. Slightly less popular, but no less convenient - 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. Winning mechanism The first, and most important, difference between requests for quotations and requests for proposals is the mechanism for determining the winner. In the first case, it becomes the one who offered the most favorable, minimum, price. But in the second - the most favorable and attractive conditions for execution.

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

The main thing is to meet the monetary limits established by law: the amount of one contract should not exceed 500,000 rubles, and the total annual volume - 10% of the total volume of purchases provided for 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 required to calculate the initial (maximum) price of the contract in one or more ways. The primary method is the method of comparable market prices (market analysis).


Attention

The customer calculates the NMCC in accordance with the Order of the Ministry of Economic Development of October 2, 2013 No. 567, and is personally responsible for the correctness of its determination, but he does this without posting such monitoring on electronic platforms. The task of the procurement procedure is to find the contractor for the order (determine the winner).


The procurement must contain documentation that already indicates the NMTsK, the scope of supply of goods, works, services, the terms of the contract and the terms of payment, as well as the draft contract itself. These are signs of a procurement.

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

They place preliminary stage procurement - "Price Analysis", collect price offers from potential suppliers, analyze them, form the NMCC and then announce a tender. Everything seems to be clear, but there are still a few important issues, which will be answered by Nina Kozhurova - Leading Tender Specialist of the Biko Group of Companies, author and teacher of the seminar on 44-FZ " training center Biko.

Important

Why is demand growing? Can we assume that "Price Analysis" is beneficial for suppliers, convenient for customers? Kozhurova Nina: Determination of the initial (maximum) price of the contract is a mandatory condition when announcing both state and commercial tenders. To form the NMCC, the customer chooses a method for determining it.


To do this, he can send requests to commercial offers, to analyze in publicly available sources on the Internet, but this information is not always relevant.
Scope 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.
Making changes to the purchase or its cancellation Another difference between the request for quotations and proposals is that in the first case, the customer cannot make changes to the notice and documentation, as well as cancel the purchase. In the second case, it can, but no later than two working days before the deadline for accepting applications.
Deadlines for submitting and evaluating bids, final offer In the case of a request for quotations, the deadline for submitting 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 (BCD) of the State Corporation "Rosatom". The "Price Monitoring" procedure is not an auction and does not aim to identify the winner. Preparation for publication of the "Price Monitoring" procedure is carried out in the UOS "Purchases" system, a list of participants (and / or a list of categories of OKDP) is also formed there, to which (for which) a notification of this procedure will be sent to the ETP. Automatic publication of the procurement procedure is carried out at the Fabrikant ETP simultaneously with sending a confirmation of acceptance of a price request from the UOS Procurement system. After sending a request to the ETP, the Organizer cannot make changes to his request and, accordingly, cannot edit the notice. open mode, access to the information provided by the organizer is open to all clients of the Portal.
From the point of view of the evaluation of applications, the request for proposals is the most subjective method of all purchases, since the criteria are determined by the customer at his own discretion, as well as the system for their evaluation. What purchases can be made by requesting quotations and offers Any purchases can be made by requesting quotations. The main thing is to meet the monetary limits established by 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 provided for 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 type of procedure "Price Analysis" 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 requirements 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 calculates the NMCC in accordance with the Order of the Ministry of Economic Development of October 2, 2013 No. 567, and is personally responsible for the correctness of its determination, but he does this without posting such monitoring on electronic platforms.

In the Russian Federation, there are two main public procurement procedures - an open tender and a request for proposals. What are the differences between the two events? 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 Contract System in the Sphere of Procurement of Goods, Works, and Services to Meet State and Municipal Needs”. Many start-up entrepreneurs avoid participation in such procedures, as they are afraid of the complexity of preparing competitive applications. At the same time, open competition creates the basis for further advancement in the modern market and the conquest additional benefits allowing you to stand out from your competitors. An open tender is a tender in which the customer provides information about the purchase to an unlimited number of persons.

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

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

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

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