Federal Law of 04.05.2013 years №44-FZ "On the contract system" (procurement of works, goods and services to ensure that municipal, state needs - further - the Federal Law №44 FL) establishes the following competitive methodsto determine the suppliers (contractors, performers):
- open (open tender, e-auctions, request for quotations, and others);
- closed (closed tender, closed two-stage competition, a closed auction, and others).
Each of these options has its own characteristics and modalities.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 of the counterparty in determining the procurement of services, goods, work is a call for bids.This article will detail its advantages, disadvantages and the procedure for.
definition
Article number 72 gives the following definition: "Request for quotes - is a method of determining a supplier (contractor or contractor), during which the general public by placing in a single Informsystema informed about the needs of the customer."The winner in this embodiment is a participant purchases, the price offer of the contract which is the minimum.With this method, the introduction of software and otherwise charging any payment is not allowed.
Requirements for
The main factor influencing the definition of supplier (performer or contractor) using the method "request quotation" - is the price.Thus the customer should get the most lucrative contract.However, the method "request for quotation" on 44-FZ can not always be used, and only when all of the following requirements:
- the maximum value of the contract is not more than five hundred thousand;
- volume (total) annual purchases made by the method of request for quotations should not be more than ten per cent of the total funds allocated for the implementation of all customer purchases in the reporting period.However, there is a maximum limit equal to one hundred million rubles a year.
exclusive purchasing conditions
Part kinds of goods, works and services the law by using the method "request for quotation" on 44-FZ sets no limits.In this connection, this option is one of the most attractive for customers as it allows you to promptly carry out the purchase of any services, works or goods at the lowest possible price contract.However, the law has identified a number of exceptional cases where the procurement of services, works or goods can not process the request for quotations.Use is restricted to:
- in cases of procurement of the following types of goods, works and services procured for the needs of the customer, which operates in a foreign country (diplomatic and consular authorities).In this case, the implementation of the procurement maybe Russian and foreign suppliers:
- For goods, the lack of which leads to disruption of the normal life of citizens.These goods include: food, medicines, fuel.Article 76 FZ-44 provides a number of exceptions to this restriction.It allowed the purchase of those goods in this way in cases where the control authority decided to cancel the results of the competition (auction), and allowed to carry out the procurement process "request for quotation".It may also be subject to the waiver of the customer unilaterally from the performance of the contract concluded earlier.Purchase and allowed by the court.
- To request a quotation, held under special conditions (Article 82 of the Federal Law).This article regulates the procurement, aimed at the implementation of humanitarian aid or the purpose of which is the elimination of emergency resulting from natural phenomena or man-made accidents.
Purchases made by closed method
Request for quotations for 44-FZ shall permit any purchase of works, goods or services.This Act has restrictions that prohibit the use of the method in question in some cases impose on the customer's obligation to operate the closed method.These include:
- the purchase of works, goods or services related to the state secret;
- design information on the contract or documentation on the subject of procurement information as a state secret.
a specified category also includes cases of procurement of the following services:
- cleaning - at the expense of the federal budget;
- drivers of vehicles - when their activities are aimed at ensuring the efficiency of bailiffs and 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 third parties (in the reverse situation, when the customer receives from others) in the interim order.
competition with limited participation
to the case when the option "request for quotation" on 44-FZ is not possible, also include the obligation to purchase by the customer using the competition with a limited number of participants.These situations include the following:
- Having technically complex.This type is characteristic of the industry, working with high-tech specialized knowledge related to innovation.In other words, implementing these types of purchases are individuals with certain expertise in the subject of procurement.List of works, goods or services provided to the relevant regulations of the Government of the Russian Federation.
- aimed at preserving national heritage (historical and cultural), restoration of exhibits included in the Museum Fund of the Russian Federation, efforts to restore and preserve the documentation that came Archival Fund of the Russian Federation and other valuable documents.
- Services and work, a necessary condition under which perpetrators is access to databases, system security, and internal storage of archives, libraries and museums.
In other cases, allow procurement of goods, works and services by way of a "request quotation".This does not contradict the current legislation of the Russian Federation as a whole and the relevant regulations in particular.In other cases when it is impossible to carry out selection of artist contract, allowed the following:
- under Article 48 holding an open competition;
- electronic auctions (Article 59).
FZ-44 in some cases, in accordance with Article 83 permits the selection of a supplier of goods, works and services by identifying sentences or carrying out purchases from a single vendor (Article 93).
Benefits
distinctive feature of request for quotations in comparison with other methods of determining the vendor is its simplicity and easy implementation.In terms of customers it is considered the easiest in terms of selection procedures artist contract.In this connection, in most cases, provided that the conditions for future purchases satisfy the constraints, this method is selected.The distinctive advantage of this type of a particular vendor over the other are:
- Efficiency in comparison with the electronic auction or public tender.
- The relatively small amount of the minimum documentation required for the purchase.
- Clear rules of conduct, clear as a customer and the executor.In the absence of specific requirements significantly less likely to admit during the vendor selection mistakes, which further minimizes the likelihood of complaints on procurement by the supervisory authorities.
- Significant reduction in the risk of negative consequences is not the fault of the customer (for example, the failure of an electronic platform for technical reasons).
- Use along with the main criteria used in considering applications, a number of other, additional criteria.
Disadvantages The main disadvantage of the process of purchasing goods (works, services) by the method of "quotation request" includes the following points:
- Increased attention from the regulatory authorities in the process of selection of the contract performer.Checked first argument of choice in favor of this option and the process of forming the maximum value of the contract by the customer.
- This method is compared to the rest is more time-consuming.On the customer subject to the following additional responsibilities: reception and registration of all applications received, storing all received documentation giving all participants equal access to the review of applications and other functions provided by law.
- Relatively high level of risk inherent in the method "request quotation", linked to the lack of fixed at the legislative level, a prerequisite for the introduction of software applications on the part of their respective owners.In this situation significantly increases the probability of contracting with unscrupulous suppliers.
- When you purchase by using the reporting options it is impossible to divide the total population into separate components (lots).
main stages of the procurement procedure
totality determine the final contract by the Executive "request quotes" can be divided into six main stages, each of which are produced in a limited time frame only his inherent activities with the preparation of the relevant documents.Following each of the steps is described in detail.
first stage
At this stage, realized the total initial task of preparation for the purchase by this method.In the first phase to be implemented the following measures:
- Development and approval of the provisions on the composition of the commission and its terms of reference.This is done on the basis of Federal Law №44-FZ and internal documents of the organization.
- Creation on the basis of the position directly by the Commission, consisting of members of the organization and have appropriate education.The objectives of this framework includes consideration of all quotations received.
- Planning and organization of procedures for the direct purchase of the subject method.
In carrying out the activities typical of the first stage, the following documents are prepared:
- order the organization to create a single committee, in which the position was adopted, fixing the procedure for action in the implementation of procurement and defines the powers of each member of the Commission;
- a direct order for the purchase by the customer means "request for quotation".
to prepare all necessary documentation legislation is given a certain time.The following restrictions apply: a full set of documents should be prepared by the customer no later than ten days (calendar) to the date on which the appointed day, completing the application forms.
second stage
At this stage, the immediate preparation of documents required for the request for quotations.Implemented the following measures:
- preparation and approval of the documents necessary for carrying out the proposed activity;
- development and approval of a contract in which the purchase is made.
To implement these measures prepared the following documents:
1) established the terms of reference for future purchases with the obligatory justification of the contract value;
2) Develop appropriate forms of applications for participation in the procurement (model request for quotations);
3) shall be approved by the type of the final contract, under which occurs procurement;
4) developed a specialized documentation, which will be published later - notification of the request for quotations.
documentation must be prepared and approved no later than seven (in some cases four) calendar days prior to the date on which the appointed day, completing the application forms.
third stage
At this stage in a special publication Informsystema information about the request for quotations.The following outputs:
1. Making the head of the organization (or other officer authorized person) electronic signature for participation in the procurement process in a special information resource.
2. Register Informsystema single organization, access and special keys.
3. Published on information resource notice of the request for quotations.
4. Direction participants purchases from the customer data on previously developed structure.It uses the established form of the request for quotations.
In the third stage the necessary documents must be prepared and approved no later than seven (in some cases four) calendar days before the date on which the appointed day, completing the application forms.Notice of request for quotations shall be sent to each party.This must be done on the same day when a single Informsystema advertisement appeared on the competition.Participation in request for quotations can take any recorded in the information structure of the party holding the necessary qualifications to perform the appropriate order.
fourth stage
At this stage, receipt of all applications from participants and their storage (to be named) until the determination of the winner.This stage includes a number of activities.In particular:
- taken with mandatory confirmation of the application to the request for quotations;
- in a special register all the information received.
In the process of the activities created a special documentation, which records all of the information provided.This certainly verification of customer representatives get information (in writing in the form of receipts, via a dedicated connection with an electronic signature).Acceptance of applications takes place from the moment of publication of information on the request for quotations to regulated day and time, which are the end of it.
fifth stage
At this stage, as a result of the following events takes place to determine the winner:
- Opening of all registered envelopes.
- Individual assessment of each proposal.
- Selecting the most advantageous offer and the establishment of a winner.
- Publication in accordance with the review of applications on the Web site of the outcome document of the special winner.As a result, a protocol request for quotations.The winner is set not later than the 1st working day after discontinuation of information from visitors.The request for quotations, subject to submission of data from more than one party is recognized as valid.
sixth stage
At the final stage, the contract with the winner determined by a method of "request for quotations".Term of contract are in the range of seven to twenty days from the date of publication of the result of the consideration received by the information in a single Informsystema.At this time, created and approved the final version of the contract with the price and details of the winner and sent the executor contract approval and signature.After all the procedures in the absence of differences in the contract signed by the parties and considered valid.
