– publicly available information on market prices of goods, works, services in accordance with Part 18 of Article 22;
– information on the prices of goods, works, services received at the request of the customer from suppliers (contractors, performers) supplying identical goods, works, services planned for procurement, or in their absence, similar goods, works, services;
– information obtained as a result of placing requests for prices of goods, works, services in a unified information system * (27).
At the same time, the Methodological Recommendations already name four sources of price information in relation to goods, work, services, as well as the recommended sequence of actions for obtaining price information:
2) place a request for the provision of price information in the unified information system in the field of procurement of goods, works, services to meet state or municipal needs on the information and telecommunications network Internet" www.zakupki.gov.ru;
3) search for price information in the register of contracts concluded by customers. In this case, it is advisable to take into account information on the prices of goods, works, services contained in contracts that have been executed and for which penalties (fines, penalties) have not been collected in connection with non-fulfillment or improper fulfillment of obligations under these contracts over the past three years . Recommendations for searching publicly available price information contained in the register of contracts concluded by customers are given in Appendix 2 to the Methodological Recommendations;
4) collect and analyze publicly available price information.
Let's take a closer look at each of the previously mentioned sources of information.
A request for the provision of price information sent to a potential supplier (contractor, performer), and a request for the provision of price information placed in the Unified Information System.
According to the Methodological Recommendations, in the case of sending a request for the provision of price information to potential suppliers (contractors, performers), such a request is recommended to be sent, including to suppliers (contractors, performers) who, during the last three years preceding the determination of the NMCC, have had experience in performing similar contracts concluded with the customer and (or) other customers without applying penalties (fines, penalties) to the supplier (contractor, performer) in connection with non-fulfillment or improper fulfillment of obligations stipulated by the relevant contract. If there were more than five such suppliers (contractors, performers), then the request is recommended to be sent to at least five suppliers (contractors, performers) who performed contracts during the last three years preceding the determination of the NMCC.
A request for price information sent to a potential supplier (contractor, performer), and (or) a request for price information posted in the Unified Information System (on the official website www.zakupki.gov.ru or other sites) or in printed publications may contain :
General RFQ information:
Name of the organization placing the request for prices
Federal State Institution "Correctional Colony No. 3 of the Main Directorate of the Federal Penitentiary Service for the Samara Region" Customer
Name of the procurement object
Carrying out this information collection procedure does not entail any obligations for the customer.
From the response to the request, the price of a unit of goods, work, services and the total price of the contract on the terms specified in the request, the validity period of the proposed price, the calculation of such a price in order to prevent deliberate overestimation or underestimation of the prices of goods, works, services must be determined
Place where price information is provided, contact information:
Place where price information is provided
Responsible official collecting price information
Polyakova Tatyana Vyacheslavovna
Email address
Contact phone number
Deadlines for providing price information:
Start date and time for providing price information (local time)
End date and time for providing price information (local time)
Estimated timing of the procurement
Information about the object of purchase / information about goods, works and services:
Description of the procurement object
Name of goods, works, services
Worsted wool blend suiting fabric 0910UIS
Instrument cloth, maroon color
Information defining the identity or homogeneity of a product, work, service
Requirements for the terms of the contract:
Basic conditions for the execution of the contract concluded based on the results of the procurement
Payment under the Contract is made in rubles of the Russian Federation in cashless form in the form of payment orders by transferring funds by the State Customer within 60 (sixty) calendar days upon delivery of each batch of goods and providing the State Customer with documents confirming the delivery of goods specified in the Contract, and after reaching the maximum amount of funding from the Federal budget
Amount of contract security
5% of the contract price
Requirements for the warranty period of goods, work, services and (or) the scope of providing guarantees of their quality
Must comply with the Certificate, GOST, TU
Requirements for the procedure for supplying goods, performing work, and providing services
From the moment of conclusion of the State contract within 15 days.
1 response to processing request
Methodological recommendations do not recommend using price information to calculate the NMCC:
– submitted by persons whose information is included in the register of unscrupulous suppliers (contractors, performers);
– obtained from anonymous sources;
– contained in documents received by the customer at his request and that do not meet the requirements established by the customer for the content of such documents;
- does not contain calculation of prices of goods, works, services.
Example 5
Let's consider an example of a customer sending a request to provide price information to potential participants.
Customer: FKU _______________________.
Address for sending the proposal: Russian Federation, _____ ________ region, _______, st. ______, d. _______, ____________ @mail.ru
tel. ________________.
Deadline for submitting proposals: until 10.09.201__.
Name, characteristics of the required product:
Name of the procurement object
Characteristics of the procurement object
Dimensions:
Board width at least 29 cm
Board length no less than 106.5
Minimum height 70 cm
Maximum height 80 cm
Key Features:
Installation method – floor
Board material – chipboard
Leg material – metal
Availability of iron stand – no
Availability of a sleeve platform – no
Requirements for product quality: the supplied product must be new, strictly comply with the specified characteristics and be free from defects related to design, materials and workmanship.
Requirements for packaging, delivery of goods (products): packaging of supplied goods (products) must comply with current standards and ensure the safety of goods (products) during transportation, shipment and storage.
Product price: the price of the product must include the cost of delivery, assembly, and installation.
Place of delivery of goods: Russian Federation, _______, _______________ region, ________, st. _________, d. ___________.
Estimated date for concluding the government contract: September 201___
Payment procedure: within 10 days from the date of signing the delivery note.
Deputy Director _________________________________.
Spanish ___________
tel. __________
The request under consideration for the provision of price information has many inaccuracies, since it does not meet the requirements of the previously named Order for its content. Replies were received to the above request for prices.
Answer to request No. 1
Digital equipment stores Komline LLC
Address: _______ city _________, st. Moscow, _____. Phones: (_____) 38-___-___
Recipient LLC "Comline'
Recipient bank OJSC CB _______ city _______
Secretariat
FKU______________________________
In. N ___
Answer to request No. 2
Limited Liability Company "Komtek"
Address: ______, ______, st. Freedom, ___. Phones: (______) 35-__-__
Two hundred thirty-four thousand four hundred eight rubles 00 kopecks.
Director Sobolev R.B.
No delivery or unloading.
Secretariat
FKU ______________________
In. N___________
Answer to request No. 3
Limited Liability Company "Techno"
Address: _________, _______, st. Moskovskaya, ____. Phones: (_____) 35-__-__
Sample of filling out a payment order
Recipient LLC "Techno"
PJSC "___ Bank" ____
Ironing board VIGOR HX-4202, chipboard 32415, ironing board, extension
To be paid Twenty two thousand nine hundred thirty two rubles 00 kopecks.
The price of each item includes delivery and unloading.
Director /__________________________ A.D.
Chief Accountant ____________________ A.D.
Secretariat
PKU __________________________
In. N _____________________________
Sales Manager / L________ O.D.
Secretariat
FKU ___________________________
In. N________
The analysis showed that the responses received to the customer’s request for price information cannot be used to calculate the initial (maximum) price, since they do not meet the requirements specified by the customer in the request for price information. Consequently, to calculate the NMCC it is necessary to use other sources of obtaining price information and, accordingly, other prices.
It is recommended that all documents containing price information received upon requests provided for in the Methodological Recommendations be registered in the records management department of the customer, authorized body, authorized institution and used in the calculations of the NMCC.
Register of contracts
The use of information on the prices of goods, works, services contained in the register of contracts as price information for calculating the NMCC is possible only for contracts that have been executed and for which penalties (fines, penalties) have not been collected in connection with non-fulfillment or improper fulfillment of obligations provided for these contracts.
The methodological recommendations disclose the procedure for collecting price information from the register of contracts (Appendix 2 of the Methodological Recommendations).
Appendix No. 2
to Methodological recommendations for use
methods for determining the initial (maximum)
contract price, price of the contract concluded
with a single supplier (contractor,
executor), approved by order
Ministry of Economic Development of Russia
dated October 2, 2013 N 567
Recommendations
to search for publicly available price information contained in the register of contracts concluded by customers
Publicly available information on prices of goods, works, services to meet state and municipal needs
List of publicly available information on the prices of goods, works, services to meet state and municipal needs for the purpose of determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), presented in Part 18 of Article 22 of Federal Law No. 44- The Federal Law is generally identical to the list presented in the Methodological Recommendations, with the exception of price information located in the register of contracts concluded by customers.
Let us clarify the information related to publicly available information on the prices of goods, works, services for use in justifying the initial (maximum) contract price:
1) information on the prices of goods, works, services contained in advertising, catalogues, descriptions of goods and other offers addressed to an indefinite number of persons, including those recognized in accordance with civil law as public offers;
2) information on quotes on Russian exchanges and foreign exchanges;
3) information about quotes on electronic platforms;
4) data from state statistical reporting on prices of goods, works, services;
5) information on prices of goods, works, services contained in official sources of information of authorized state bodies and municipal bodies in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, municipal regulatory legal acts, in official sources of information of foreign states, international organizations or other public publications;
6) information on the market value of valuation objects, determined in accordance with the legislation regulating valuation activities in the Russian Federation;
7) information from information and pricing agencies. In this case, it is recommended to take into account information from such agencies, which is provided on the terms of disclosing the methodology for calculating prices;
other sources of information, including publicly available market research results.
The customer, authorized body, authorized institution, on their own initiative, including on the basis of a contract, can conduct a market study in order to obtain price information necessary to determine the NMCC. He may consider the results of such market research along with other sources of price information, provided that the methodology for calculating prices is disclosed in reports on their results.
When using the previously listed sources of information, I would like to draw attention to a number of extremely important points:
1) information about the prices of goods, works, services contained in advertising, catalogues, descriptions of goods and other offers must be addressed to an indefinite circle of persons and recognized in accordance with civil law as a public offer * (28);
2) screenshots (“screenshot”) containing images of the corresponding website pages must be submitted indicating the date and time of their formation. It is advisable to store them with other procurement documents subject to storage in accordance with the requirements of Federal Law N 44-FZ * (29);
Request for prices for 44-FZ (2018)
Request for prices - documents and sample price quotation
Request for prices- a popular way of purchasing goods, works or services to meet the needs of organizations, within the amount established by law.
Naturally, there are a number of certain conditions under which this type of tender is carried out. Let's consider in what cases it is possible to conduct an open request for prices and who can take part in these tenders.
Request for quotations requirements
The volume of trading conducted in this form should not exceed 10% of all annual purchases of the organization and be more than 100 million rubles. per year.
Any organization or individual entrepreneur can take part in the request for prices, unless special conditions are provided in the tender documentation.
Federal legislation, namely 44-FZ, obliges all municipal organizations to include tenders in the procurement plan that are intended specifically for small business participants. The number of such tenders should be from 10% to 20% of the total annual purchases of a municipal enterprise in accordance with Decree of the Government of the Russian Federation No. 642.
Deadlines for requesting price quotes
The deadlines for requesting prices are determined for each stage. You can see the most complete and clear description in the table below:
The participant can participate and search for a price request on the website www.zakupki.gov.ru.
There are quite a large number of filters to choose from, so finding an interesting bargain is quite easy. You can select a filter by order name or number, by tender form, placement stage or by customer, as well as some other parameters.
Price request form
The deadline for submitting an application has already been mentioned above; it depends on the NMCC auction, about which the notice was published.
As for the possible forms, you can submit a price quote in an envelope or electronically.
- If the participant submits it in an envelope, then he must bring the document to the customer’s office (or the place indicated in the notice) and hand it over to the responsible person. The envelope must be such that its contents cannot be seen or read until it is opened. At the request of the supplier, the customer issues written notice indicating when and at what time the document was delivered.
- If the supplier participates in the electronic price request form, then the application is sent to the ETP operator, where data on its submission is recorded.
Advice: because changes cannot be made to the submitted application, it is important to check all information before it is transferred to the customer or site operator.
It can be withdrawn during the entire time allotted for submitting contractor proposals. If you did not manage to withdraw your application within the specified period, then you will need to take part in the tender.
The price request envelopes are opened on the day and time specified in the notice. Acceptance of applications ceases from the moment this hour arrives. The customer must provide the opportunity, and the participant's representative has the right to attend this event.
If the procurement is carried out electronically, then at the time specified in the notice, access to applications for the ETP is opened. We will accept new ones, and accordingly it will stop.
A step-by-step price request is described in our other article; you can familiarize yourself with all stages of the process on this page.
Winner and price quotation request protocol
The winner of an open request for prices is the contractor who offers the most favorable (lowest) price for the contract and whose application fully meets the customer’s requirements.
Security for participation in this type of procurement is not required, and security for the execution of the contract is at the discretion of the customer. If this item is necessary, this information will be present in the tender documentation.
The protocol for requesting price quotes, namely the consideration and evaluation of applications, is published in the Unified Information System on the day of signing. Then, within 2 days, one of the two completed and signed copies is sent to the winner, and the second remains with the customer.
Sample request for quotation
The sample does not have a clear regulated form according to 44-FZ, but there are a number of parameters and points that must be completed in order for the application to be accepted for participation. We provide you with a sample request for quotation application that meets the requirements. You can download the editable form in .doc format (Microsoft Word) from this link.
The sample price quote itself is presented below:
If you have any questions or difficulties participating in any form of quotation request, please contact our specialists.
They will provide free advice and help with any questions you may have.
By submitting a request for feedback, you will receive advice specifically on your situation and will be able to make the right decision.
Request for proposals on 44-FZ. Step by step instructions
A request for proposals is used to find a company that will complete 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.
When can you conduct a request for proposals?
The law strictly defines the situations in which procurement through a request for proposals is permitted. Only for the conclusion of certain types of contracts is it permitted to use procurement in this form.
- The re-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 not a single application for participation was submitted or all received applications were rejected. The remaining grounds are listed in Part 2 of Art. 55 44-FZ. If the re-tender is declared invalid for other reasons, the customer does not have the right to conduct a request for proposals.
- The electronic auction did not take place (clause 8, part 2, article 83 44-FZ). Unlike a competition, there is no repetition requirement for an auction.
- It is necessary to purchase goods, works, services that constitute 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. NMCC and the volume of new purchases should be reduced taking into account fulfilled obligations (clause 6, part 2, article 83 44-FZ).
- It is required to purchase goods and services specified in clauses 2, 3, 7, 9, 10, part 2, art. 83 44-FZ. For example, medications prescribed to a patient for health reasons or due to individual intolerance (clause 7, part 2, article 83 44-FZ).
Stages of conducting a request for proposals
83 44-FZ and a draft contract that will be concluded with the winner based on the results of the procedure.
Information about the request for proposals must be posted in the Unified Information System 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 a request for proposals is posted in the Unified Information System, the customer does not have the right to cancel the procedure or make changes to the notice and procurement documentation.
Stage 2. Accepting applications. Applications for participation are submitted in writing and include the documents specified in the documentation, as well as a payment order confirming the provision of security for the application (if such security is established in the documentation).
Stage 3. Review of applications. Applications from participants are reviewed for compliance with documentation requirements. Participants who do not meet the requirements are rejected and their proposals are not evaluated.
Based on the results of the review, an extract from the protocol of the request for proposals is drawn up and posted on the day of opening the envelopes in the Unified Information System, indicating the reasons for the exclusion of participants from further participation (if any).
After all accepted applications are assessed in accordance with established criteria, the commission records the results in the form of a table, which is included in the protocol of the request for proposals, which indicates the conditions, price and other evaluation criteria for each of the accepted applications.
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. Selecting the winner.
After reviewing 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.
If all participants present have declined to submit a final proposal, the request for proposals ends.
The refusal of participants to submit final proposals is recorded in the protocol and the initial submitted applications for participation are recognized as final proposals. Opening of 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 final proposals, summarizing the request for proposals.
The commission evaluates the final proposals and prepares a final protocol.
The final protocol and the protocol for the request for proposals are posted in the Unified Information System on the day the final protocol is signed.
The winning final proposal is the final proposal that best meets the customer's requirements for goods, works, and services.
If several final proposals contain the same contract terms, the winning final proposal shall be the final proposal received first.
- contract price;
- expenses for operation and repair of goods, use of work results;
- qualitative, functional and environmental characteristics of the procurement object;
- qualifications of procurement participants, including their availability of financial resources, 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 proposal of the winner, no earlier than 7 days from the date of posting the final protocol in the Unified Information System 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 a request for proposals and other procurement procedures
The only difference between a request for proposals and an open competition is that the supplier can improve its proposal by sending final proposals to the customer, thereby increasing its chances of winning. Otherwise, this type of procurement is identical to the competition. (the basic 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 of procurement. From the request for quotations - the procedure for determining the winners.
How to request commercial proposals to justify the NMCC
The most popular way to determine the initial (maximum) contract price (ICP) is market analysis.
Commercial proposals in procurement
To determine the NMCC, a budget organization that acts as a customer must request commercial proposals from at least five potential contractors. As a response, she must receive at least three price letters describing goods or services that meet all the conditions stated in the procurement plan.
The main goal is to collect current price information for the purpose of its subsequent analytics. Based on the results of a thorough analysis, the NMCC is derived.
- The most accurate and detailed description of the purchased goods, works or services. This implies quantitative data, a unit of measurement, and the volume of work performed.
- A number of main conditions from the draft contract - everything related to the specifics of delivery, provision of services or specific characteristics of the work. The points of payment and contract security and the necessary warranty information about the purchased goods, works or services are also noted.
- Explanations that the price information provided indicates the specific real cost of the goods, works or services requested by the customer and does not constitute the basis for the subsequent conclusion of contractual relations.
Sample request for commercial proposals under 44-FZ
Providing a commercial offer
After the customer, in search of three suppliers to calculate the NMCC of the planned purchase, sends out a letter (a sample request for a commercial proposal is presented above), he receives official responses from the selected organizations.
So what is the answer? First of all, this is a document on the supplier’s official letterhead, certified by a “living” seal and signature of the manager, and in some cases the financial director or chief accountant. It includes the following information:
- full details of the enterprise;
- the current price of the product or service provided at the time of the request;
- a complete description of the services included in the price with specific characteristics and planned completion dates, if certain types of work are implied.
It is important to remember that such a document is for informational purposes only and is not a direct incentive to conclude an agreement.
It is worth noting that the received cost data does not have a validity period. This should also be noted in the answer. When using this material for calculations in future periods, the current price will be indexed in accordance with the conversion factor.
Response to the CP’s request to justify the NMCC
Request for commercial proposals in accordance with 223-FZ
If a budget institution provides additional services to the population, that is, conducts business and receives official income, it has the right to withdraw part of its procurement from the strict regulations of 44-FZ and take advantage of 223-FZ, which is more loyal to budget customers.
It is worth distinguishing between the competitive method of identifying a supplier and directly requesting price information for holding a competition or auction under Federal Law-223. Data on the cost of goods, works and services are requested for the same purpose as in Federal Law-44 - to identify current prices and determine the NMCC.
A letter requesting information on prices is drawn up similarly to 44-FZ.
Based on this law, there is an additional competitive method for identifying suppliers, called a request for proposals. The customer places a notice in the system about the purchase carried out in this way and indicates in detail all the necessary information.
In this case, certain performers who meet the technical criteria of the customer may be invited to participate. Any organization that meets the requirements of the procurement organizer can participate in the request for proposals.
Then comes the acceptance, review and final evaluation of applications. The commission members take into account at least two established criteria for evaluation. As a result, based on the results of the procedure, a contract is concluded with the supplier who offered the most favorable conditions.
The result of the RFP is also reflected by the customer on the official website in the public domain.
This method can also be used in the event that the customer terminates existing contracts or when competitive methods (competition, auction) are repeated and declared invalid.
Sequence of customer actions when collecting price information
When applying the method of comparable market prices (market analysis) to obtain price information in order to establish the NMCP, the price of a contract concluded with a single supplier (contractor, performer), Federal Law No. 44-FZ established a list of types of information sources:
- publicly available information on market prices of goods, works, services in accordance with Part 18 of Article 22;
- information on the prices of goods, works, services received at the request of the customer from suppliers (contractors, performers) supplying identical goods, works, services planned for procurement, or in their absence, similar goods, works, services;
- information obtained as a result of placing requests for prices of goods, works, services in a unified information system * (27).
- 1) send requests for price information to at least five suppliers (contractors, performers) with experience in supplying relevant goods, works, services, information about which is publicly available (in particular, published in the press, posted on websites on the Internet) ;
- 2) place a request for the provision of price information in the unified information system in the field of procurement of goods, works, services to meet state or municipal needs on the Internet information and telecommunications network www.zakupki.gov.ru;
- 3) search for price information in the register of contracts concluded by customers.
In this case, it is advisable to take into account information on the prices of goods, works, services contained in contracts that have been executed and for which penalties (fines, penalties) have not been collected in connection with non-fulfillment or improper fulfillment of obligations under these contracts over the past three years . Recommendations for searching publicly available price information contained in the register of contracts concluded by customers are given in Appendix 2 to the Methodological Recommendations;
4) collect and analyze publicly available price information. Let's take a closer look at each of the previously mentioned sources of information. A request for the provision of price information sent to a potential supplier (contractor, performer), and a request for the provision of price information placed in the Unified Information System.
According to the Methodological Recommendations, in the case of sending a request for the provision of price information to potential suppliers (contractors, performers), such a request is recommended to be sent, including to suppliers (contractors, performers) who, during the last three years preceding the determination of the NMCC, have had experience in performing similar contracts concluded with the customer and (or) other customers without applying penalties (fines, penalties) to the supplier (contractor, performer) in connection with non-fulfillment or improper fulfillment of obligations stipulated by the relevant contract.
If there were more than five such suppliers (contractors, performers), then the request is recommended to be sent to at least five suppliers (contractors, performers) who performed contracts during the last three years preceding the determination of the NMCC.
I would like to draw your attention to the fact that, according to the Methodological Recommendations, the customer must place a request for price information in the Unified Procurement Information System (UPI).
Let's turn to the "Procurement Planning" tab located on the left.
In the “Planning” section there is a tab “Requests for prices of goods, works, services (44-FZ)”.
A request for price information sent to a potential supplier (contractor, performer), and (or) a request for price information posted in the Unified Information System (on the official website www.zakupki.gov.
ru or other sites) or in printed publications, may contain:
1) a detailed description of the procurement object, including an indication of the unit of measurement, quantity of goods, volume of work or service;
2) a list of information necessary to determine the identity or homogeneity of goods, work, services offered by the supplier (contractor, performer);
3) the main conditions for the execution of the contract concluded based on the results of the purchase, including requirements for the procedure for supplying products, performing work, providing services, the expected timing of the purchase, the payment procedure, the amount of security for the execution of the contract, requirements for the warranty period of goods, work, services and (or ) the scope of providing guarantees of their quality;
4) deadlines for providing price information;
5) information that carrying out this information collection procedure does not entail the emergence of any obligations of the customer;
6) an indication that the response to the request must clearly determine the price of a unit of goods, work, services and the total price of the contract on the terms specified in the request, the validity period of the proposed price, the calculation of such a price in order to prevent deliberate overestimation or underestimation of the prices of goods, works, services.
It is recommended that the request for the provision of price information sent to a potential supplier (contractor, performer) and the request for the provision of price information placed in the Unified Information System and provided for in the Methodological Recommendations be identical in content.
Example 4 A request for prices posted in the UIS is presented
Request for a commercial proposal under 44-FZ + Sample 2018
The legislator has established several ways to determine the initial maximum contract price (IMCP). The most popular method at the moment is the comparable market prices method. In order to make a calculation using it, the customer needs to analyze the market. The easiest way to obtain up-to-date information is to request quotes for the required goods or services from potential suppliers. In this article we will look at the features of composing such a request.
What is a commercial offer
A commercial offer is usually called a document that confirms the cost of goods or services that meet the stated characteristics. It is drawn up on the official letterhead of the organization providing the information. The transfer of a commercial offer does not entail obligations to conclude a contract (however, it is better to clearly indicate that it is not an offer).
According to current recommendations, before making a purchase, the customer must receive at least three commercial proposals. If more documents are received, then in the calculation of the NMCC it is allowed to use those of them that contain the minimum values of the cost of goods or services.
Validity period of the commercial offer
The economic situation in the country is constantly changing, therefore, the commercial offers of suppliers may quickly lose relevance. More often, the company determines the validity period of prices for goods and services independently and indicates this information in its price list. The text of the commercial offer specifies the date until which prices are considered valid.
If the supplier has not determined the validity period of the commercial proposal, then it is recognized as unlimited. However, according to paragraph 3.14 of Order No. 567 of the Ministry of Economic Development, when calculating the NMCC, it is advisable to use information provided to the customer no more than 6 months before the date of the market analysis. Therefore, before each purchase, it is recommended to collect updated commercial proposals.
In situations where it is not possible to update price information, it is allowed to use old data. In this case, the cost of goods and services is recalculated taking into account the correction factor. The calculation method is given in paragraph 3.18 of Order No. 567.
Procedure for receiving commercial proposals
To receive commercial proposals, the customer must draw up an appropriate request and send it to potential suppliers. It is recommended to send a request to five or more companies. The customer will have to carry out the following activities:
- Generate a description of the purchased item. Indicate all required quantitative and qualitative characteristics. Indicate delivery conditions that may affect the final cost of products or work.
- Identify companies that could act as suppliers.
- Make a request for price information and submit it on the organization’s official letterhead.
- Distribute the prepared document to all selected suppliers. To do this, you can use fax and email.
- Get an answer and analyze the information provided.
- Calculate the NMCC.
In cases where the customer is unable to collect commercial proposals, the Ministry of Economic Development recommends conducting an analysis of previously concluded similar contracts. This can be done using the register of contracts located in the Unified Information System. Price information from them can be used when calculating the NMCC.
Request for quotation
The procedure for generating a request for price information is described in paragraph 3.10 of Order No. 567. The document must contain the following information:
- Description of the purchased item, quantity of goods and its unit of measurement, volume of required services or work.
- Information that will help determine the identity of the goods or services offered by the supplier.
- Key terms of the contract concluded based on the results of a future purchase. The terms and place of delivery, the payment procedure, the amount of security for the fulfillment of the contact, and requirements for the availability of warranty obligations must be specified.
- Information that the provision of a commercial proposal does not oblige the customer to enter into a contract.
- A reference to the fact that the supplier’s response must clearly indicate the prices he offers for goods or services, as well as their validity period.
- Deadline for submitting commercial proposals.
The text of the document must indicate the name and details of the customer, as well as contact details of the person responsible for collecting commercial proposals. It is recommended that you notify the potential supplier via telephone call before submitting your request. If the document is sent by email, then in the subject line it is advisable to indicate a phrase that will awaken in the counterparty a desire to provide information.
On letterhead
Ref. No. 12/17 dated 04/01/2018 to the Director of Romashka LLC, P.P. Petrov.
Request for Pricing Information
Dear Director of Romashka LLC, Municipal Unitary Enterprise Gorsvet is planning to hold an electronic auction for the supply of detergent. In accordance with the requirements of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and in order to study the price market for the purchased goods, please provide information on the cost delivery of goods that meet the specified characteristics.
What is a price request under 44-FZ and how to conduct it? Step-by-step instructions and sample document
When working with a contract system in the field of procurement, it is necessary to take into account many nuances specified in regulatory documents. 44-FZ provides for 4 ways to determine a supplier, among which a special place is occupied by the request for quotation.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
What is it?
The tender in the form of a request for quotations is provided for by the federal law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 No. 44-FZ. The participant who offers the lowest contract price wins.
Dates
The advantage of this type of tender is its timing. According to the norms of 44-FZ, the deadlines are:
- With an initial contract price of up to 500,000 rubles, the period for accepting applications is at least 7 working days.
- If the initial contract price is up to 250,000 rubles, the period for accepting applications can be reduced to 4 working days.
Comparison with the procedure under 223-FZ
When conducting a tender using this method in accordance with the federal law “On the procurement of goods, works, services by certain types of legal entities” dated July 18, 2011 No. 223-FZ, there are a number of differences:
![](https://i2.wp.com/choice4you.ru/wp-content/uploads/images/cenovoyzaprospo44fzobrazetsbumaginapredo_F0D10243.jpg)
Step by step instructions
All purchases carried out by the customer are reflected in the schedule, except for cases provided for by law.
For the customer
- Preparation of a notice and publication of it together with the draft contract on the government procurement portal www.zakupki.gov.ru.
- Reception and registration of applications from participants until the opening. The customer is obliged to ensure the safety of the envelopes.
- At the specified time, the commission opens the participants' applications, reviews them for compliance and evaluates them, as a result of which a winner is selected. The customer is required to make an audio recording of the autopsy procedure.
- Based on the results of consideration of applications, two copies of the minutes of the commission meeting are compiled. The protocol contains information about all submitted applications. It is published within one day from the moment of signing.
- Within two days, the winner is sent a completed draft contract and a second copy of the protocol.
- Download the protocol form for requesting quotations under 44-FZ
- Download a sample protocol for requesting quotations under 44-FZ
In some cases, the procedure is considered unsuccessful. In this case, the customer’s actions are prescribed in 44-FZ:
![](https://i2.wp.com/choice4you.ru/wp-content/uploads/images/cenovoyzaprospo44fzobrazetsbumaginapredo_DE5BC470.jpg)
For the supplier
The supplier's actions are as follows:
- On the portal www.zakupki.gov.ru, find the purchase you are interested in and carefully study all the documentation offered.
- Fill out the application for participation and submit it within the established time frame. The form and deadlines for filling out documents are indicated by the customer in the notice and attached documentation. The signature of the head and the seal of the organization are required. Only one application can be submitted from each participant.
- The participant may be present at the opening and consideration of applications.
- When a participant is recognized as a winner, an agreement is concluded with him on the terms specified in the competition documentation.
If the supplier does not send the signed contract to the customer within the established time frame, he is considered to have evaded concluding the contract. In this case, the customer can file a claim for reimbursement of costs in court and enter into an agreement with another supplier.
The customer can change the purchase notice no later than 2 days before the deadline for submitting applications. In this case, if the application submitted by the participant turns out to be irrelevant, it can be withdrawn and a new one sent in its place. If the first application is not withdrawn, the customer will return them without consideration.
Notice of purchase
Notice – a document containing information about the upcoming purchase. The customer is obliged to publish it within the time limits established by law.
How to compose?
- Information about the customer, his contact details and the details of the person responsible for the purchase.
- Terms of the contract in brief form. Information about the item of purchase indicating the quantity. Initial contract price.
- Information about restrictions and benefits for participants, if any.
- Type of purchase.
- Deadlines, procedure and form for submitting an application.
- Date and place of opening of applications.
- Contact information of the official responsible for concluding the contract.
- Information about possible refusal to conclude a contract.
- Download the form for notification of purchase from a single supplier
- Download a sample notice of purchase from a single supplier
How to post?
Justification for purchase
In accordance with the norms of 44-FZ, holding a tender by requesting quotations is possible in cases where the contract price does not exceed 500 thousand rubles. The volume of purchases made by this method should not exceed 10% of the total annual volume of purchases and should not exceed 100 million rubles.
How to make a request?
About providing price information
- Accurate information about the item of purchase indicating the quantity.
- Terms of the contract, including delivery details.
- Response deadline.
A request for price information does not give rise to any obligations to the supplier and is not the basis for concluding a contract.
For clarification of documentation
If questions arise regarding procurement documentation, the supplier has the right to send a request to the customer. Requests for clarification of auction documentation are sent through the ETP. The procedure and deadlines for their submission are indicated in the notice.
Response from the customer
The customer is obliged to provide a response within 2 business days with explanations on all points of the request. It is sent through the ETP and duplicated in the Unified Information System in free access without specifying the participant. If the request arrives later than the allowed period, the customer has the right not to respond to it.
According to 44-FZ, clarification of documentation is provided only during a competition and auction. When requesting quotes, the customer is not required to provide clarifications to the documentation, as this is not required by law.
Enforcing the contract
The winner of the procurement procedure is obliged to provide security for the execution of the contract, otherwise the contract cannot be concluded. Security requirements are specified in the procurement notice. This could be a bank guarantee or depositing funds into the customer’s account.
44-FZ describes the procurement procedure in as much detail as possible using the request for quotation method. In order for the procedure to take place and the contract to be concluded without violations, it is necessary to strictly comply with the norms provided by law.
Useful video
From the video you will learn what a request for quotation 44-FZ is:
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The article was written based on materials from the sites: www.finexg.ru, businessizakon.ru, goszakupkirf.ru, 101million.com.
One of the mandatory stages in the preparation of technical documentation for procurement is the determination and justification of the initial maximum contract price (IMCP). It can be determined in various ways, but the most popular among customers is the comparable market prices method.
It is during the market analysis process that the customer needs to request commercial proposals from potential suppliers.
Why is a request for proposals required?
Regardless of the method used, the customer must provide justification for the initial maximum contract price. The price calculated by him will appear in all procurement documentation: in the notice, in the government contract and in invitations sent to suppliers to participate in the procurement.
The rules for determining and are given in Art. 22 FZ-44. The correct and fair contract price contributes to the efficient use of budget funds and attracting reliable customers to tenders, and also serves as an additional guarantee of receiving quality goods.
According to Part 1 of Art. 22 FZ-44, the contract price can be determined taking into account the method of comparable market prices, cost, design and estimate, tariff or regulatory method.
The comparable market prices method is the most popular and involves analyzing the market for the goods or services supplied. In order for the procedure for conducting market analysis to be unified and standardized, the Ministry of Economic Development has developed recommendations No. 567, containing a list of activities that need to be carried out to collect data.
According to this document, the customer must request at least three commercial proposals before making a purchase.
If the number of responses received from suppliers is more than three, then in further calculations those that contain the minimum values for the cost of services or goods are used.
The commercial proposal that is requested from the supplier is a document confirming the cost of goods and services proposed for purchase. All goods and services must comply with the declared characteristics. The commercial proposal received by the contractor does not entail obligations to conclude a contract.
Regulations for requesting price information (commercial proposals)
In order to receive proposals from suppliers, the customer needs to prepare a request and send it to suppliers of the necessary goods and services.
Although the customer needs to get responses from 3 suppliers, it is better to initially send requests to more companies, since no one guarantees that all companies will respond (they provide commercial proposals at their own discretion and are not forced by law to do so).
When choosing suppliers to send a request to, the customer should adhere to the recommendations of clause 3.7.1. Order No. 567. So, it states here that:
- Requests are sent to suppliers with similar supply experience over the past 3 years(these are, for example, those with whom the supplier previously worked).
- Company information should not be included in.
- Create purchases. This must be done in as much detail as possible in order to receive correct commercial offers. The request should indicate the quantitative and qualitative characteristics of the purchase, delivery conditions (time, place, etc.), which may affect the price.
- Identify potential suppliers of the required product or service. During the search process, you can use publicly available databases and catalogs, as well as the contract registry in .
- Make an official request to provide pricing information.
- Send it to the suppliers selected at the previous stage via email (or other means).
- Wait for answers and analyze the information received.
- Calculate NMCC.
Federal Law-44 also allows for the possibility of placing a request for prices from suppliers in the Unified Information System, so as not to have to search for them yourself. In this case, the notice of request for commercial proposals must indicate the final date by which they must be provided.
The customer can combine methods of obtaining the necessary information: simultaneously sending requests by mail and posting data in the Unified Information System.
If inquiries do not lead to obtaining the necessary information, then price analysis can be carried out on the basis of previously concluded contracts for similar products. To do this, you can use the register of contracts from the EIS.
It is worth noting that the customer does not have the right to consider for calculating the NMCC proposals received from anonymous suppliers, as well as those that do not meet the established requirements.
Request for quotation requirements
Requirements for a request for a commercial proposal are contained in clause 3.10 of Order No. 567. This document must contain the following information:
- Description of the procurement object, quantity of goods expected to be purchased, unit of measurement (or volume of necessary services and work).
- Information allowing to determine the identity of goods and services that are offered by suppliers.
- Terms of the future contract, which will be concluded on the basis of public procurement, the timing and place of delivery of the goods, the amount, the procedure for transferring the fee.
- Final date for submitting a commercial proposal.
- Name and details of the customer.
- Request number, according to the internal numbering system.
- Request transmission date.
- Supplier name and details.
The request must also be accompanied by a text stating that the commercial proposal does not bind the supplier to a contract. It also needs to be stated that the supplier’s response should make it possible to unambiguously determine the goods and services offered, as well as the validity period of this price offer.
It is advisable to accompany the letter by email with a telephone call to the supplier, as the letter may go into spam, or incorrect information may be provided on the website.
You can supplement the text of the letter with an additional phrase that would encourage the supplier to provide a commercial offer.
Requirements for responding to a request
The commercial proposal is drawn up by the supplier within the established time frame on the organization’s letterhead. This document should contain the following information:
- Details(TIN, KPP, name, actual and legal address).
- Current cost of goods and services, in respect of which the request was generated.
- A mention that all costs of delivery, shipment, etc. were included in the cost of the purchased goods.
- Validity period of the submitted commercial offer.
- Quote submission date and its outgoing number.
It must be certified by the official seal of the company (if there is one) and the signature of the manager. It is worth noting that suppliers accept commercial offers without a blue seal with some caution, since the recommendations indicate the need for such certification of the received offer.
It is advisable for the supplier to directly indicate in the text that the commercial proposal is not a public offer (this means that the supplier cannot be attracted to conclude a contract on its basis).
It is worth noting that the commercial offer has a limited validity period. This is due to constant changes in market conditions, which may require the supplier to change its pricing policy. The validity period of prices for the goods and services offered is determined by the supplier at its own discretion. Typically, the text of the contractor’s response indicates the date until which the proposed prices are considered valid.
If the supplier does not specify a time frame in the commercial offer, then such an offer will be considered unlimited. But according to the recommendations of the Ministry of Economic Development No. 567, clause 3.14, when calculating the NMCC, only those proposals that were received no later than six months before the market analysis should be taken into account. Therefore, you should always request current proposals from suppliers before making a purchase.
Only in exceptional cases is the customer allowed to use old information from commercial proposals. In this case, the current cost of goods and services is recalculated taking into account the correction factor (the calculation method is given in clause 3.18 of Order No. 567).
The Methodological Recommendations indicate that commercial proposals received from suppliers are subject to storage along with the rest of the procurement documentation. These can be either original commercial proposals or screenshots containing images of received proposals and the dates of their formation.
Thus, a request for market proposals within the framework of public procurement is carried out for the purpose of market analysis in determining and justifying the NMCC using the method of comparable market prices. Recommendations of the Ministry of Economic Development No. 567 contain a list of information for creating a request for commercial proposals. The requirements for determining the NMCC based on the proposals received are specified in Article 22. 44-FZ. The request can be sent to the supplier’s personal email or a notice of request for price information can be published in the Unified Information System. The commercial proposal received from the supplier is for informational and informational purposes only and cannot serve as a basis for forcing him to enter into an agreement on the specified conditions.
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The most popular way to determine the initial (maximum) contract price (ICP) is market analysis. Whether a budget organization is going to use one of the competitive procurement methods or is considering the option of purchasing a product or service from a single supplier does not matter, because, in accordance with the current legislation (Article 22 44-FZ), it is necessary to provide justification for the NMCC. In order to do this without violations, the customer will need to find current price data. To do this, it is necessary to collect a number of commercial proposals from various suppliers offering the desired product or service.
Commercial proposals in procurement
To determine the NMCC, a budget organization that acts as a customer must request commercial proposals from at least five potential contractors. As a response, she must receive at least three price letters describing goods or services that meet all the conditions stated in the procurement plan.
The main goal is to collect current price information for the purpose of its subsequent analytics. Based on the results of a thorough analysis, the NMCC is derived.
- The most accurate and detailed description of the purchased goods, works or services. This implies quantitative data, a unit of measurement, and the volume of work performed.
- A number of main conditions from the draft contract - everything related to the specifics of delivery, provision of services or specific characteristics of the work. The points of payment and contract security and the necessary warranty information about the purchased goods, works or services are also noted.
- Explanations that the price information provided indicates the specific real cost of the goods, works or services requested by the customer and does not constitute the basis for the subsequent conclusion of contractual relations.
Here is an example of a request for a commercial proposal under 44-FZ.
How to respond to a CP request
When a customer, in search of three suppliers to calculate the NMCC of a planned purchase, sends out a letter, he receives official responses from the selected organizations. The answer is a document on the supplier’s official letterhead, certified with a “living” seal and signature of the manager, financial director or chief accountant. It includes information:
- full details of the enterprise;
- the current price of the product or service provided;
- a complete description of the services included in the price with specific characteristics and planned completion dates, if certain types of work are implied.
The response is for informational purposes only and is not a direct inducement to enter into a commercial agreement.
The received cost data does not have a validity period. This should be noted in the answer. When using this material for calculations in future periods, the current price is indexed in accordance with the conversion factor.
Request for commercial proposals under 223-FZ
If a budgetary institution provides additional services to the population, that is, conducts business and receives official income, it has the right to remove part of its procurement from the strict regulations of 44-FZ and take advantage of 223-FZ, which is more loyal to budgetary customers. A sample of how to make a request for a commercial proposal in this case is drawn up similarly to 44-FZ. There are no fundamental differences.
It is worth distinguishing between the competitive method of identifying a supplier and directly requesting price information for holding a competition or auction under Federal Law-223. Data on the cost of goods, works and services are requested for the same purpose as in Federal Law-44 - to identify current prices and determine the NMCC.
Based on this law, there is an additional competitive method for identifying suppliers, called a request for proposals. The customer places a notice of the procurement in the system and provides in detail all the necessary information. Certain contractors who meet the technical criteria of the customer are invited to tender. Any organization that meets the requirements of the procurement organizer has the right to participate in the procedure. Then comes the acceptance, review and final evaluation of applications. The commission members take into account at least two established criteria for evaluation. As a result, based on the results of the procedure, a contract is concluded with the supplier who offered the most favorable conditions. The result of the RFP is reflected by the customer on the official website in the public domain.
By virtue of Part 2 of Art. 22 of Law 44-FZ, the method of comparable market prices (market analysis) consists in establishing the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer), based on information on market prices of identical goods, works, services planned for procurement, or in their absence, of homogeneous goods, works, services.
Within the framework of Art. 22 of Law 44-FZ, Order of the Ministry of Economic Development of Russia dated October 2, 2013 N 567 “On approval of Methodological recommendations for the application of methods for determining the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer)” was developed.
In accordance with clause 3.10. Order of the Ministry of Economic Development of Russia dated October 2, 2013 N 567, a request for the provision of price information sent to a potential supplier (contractor, performer), and (or) a request for the provision of price information posted in the Unified Information System (on the official website or other sites) or in printed publications, may contain:
3.10.1. a detailed description of the procurement object, including an indication of the unit of measurement, quantity of goods, volume of work or service;
3.10.2. a list of information necessary to determine the identity or homogeneity of goods, work, services offered by the supplier (contractor, performer);
3.10.3. basic conditions for the execution of the contract concluded based on the results of the purchase, including requirements for the procedure for supplying products, performing work, providing services, the expected timing of the purchase, the payment procedure, the amount of security for the execution of the contract, requirements for the warranty period of goods, work, services and (or) volume providing guarantees of their quality;
3.10.4. deadlines for providing price information;
3.10.5. information that carrying out this information collection procedure does not entail any obligations of the customer;
3.10.6. an indication that the response to the request must clearly determine the price of a unit of goods, work, services and the total price of the contract on the terms specified in the request, the validity period of the proposed price, the calculation of such a price in order to prevent deliberate overestimation or underestimation of the prices of goods, works, services.
Download a sample request for price information under 44-FZ
The most popular way to determine the initial (maximum) contract price (ICP) is market analysis. Whether a budget organization is going to use one of the competitive procurement methods or is considering the option of purchasing a product or service from a single supplier does not matter, because, in accordance with the current legislation (Article 22 44-FZ), in any case it is necessary to provide justification for the NMCC. In order to do this without violations, the customer will need to find current price data. To do this, it is necessary to collect a number of commercial proposals from various suppliers offering the desired product or service.
To determine the NMCC, a budget organization that acts as a customer must request commercial proposals from at least five potential contractors. As a response, she must receive at least three price letters describing goods or services that meet all the conditions stated in the procurement plan.
The main goal is to collect current price information for the purpose of its subsequent analytics. Based on the results of a thorough analysis, the NMCC is derived.
- The most accurate and detailed description of the purchased goods, works or services. This implies quantitative data, a unit of measurement, and the volume of work performed.
- A number of main conditions from the draft contract - everything related to the specifics of delivery, provision of services or specific characteristics of the work. The points of payment and contract security and the necessary warranty information about the purchased goods, works or services are also noted.
- Explanations that the price information provided indicates the specific real cost of the goods, works or services requested by the customer and does not constitute the basis for the subsequent conclusion of contractual relations.
Sample request for commercial proposals under 44-FZ
Providing a commercial offer
After the customer, in search of three suppliers to calculate the NMCC of the planned purchase, sends out a letter (a sample request for a commercial proposal is presented above), he receives official responses from the selected organizations.
So what is the answer? First of all, this is a document on the supplier’s official letterhead, certified by a “living” seal and signature of the manager, and in some cases the financial director or chief accountant. It includes the following information:
- full details of the enterprise;
- the current price of the product or service provided at the time of the request;
- a complete description of the services included in the price with specific characteristics and planned completion dates, if certain types of work are implied.
It is important to remember that such a document is for informational purposes only and is not a direct incentive to conclude an agreement.
It is worth noting that the received cost data does not have a validity period. This should also be noted in the answer.
3 commercial offers under 44 Federal Laws - Free!
When using this material for calculations in future periods, the current price will be indexed in accordance with the conversion factor.
Response to the CP’s request to justify the NMCC
Request for commercial proposals in accordance with 223-FZ
If a budget institution provides additional services to the population, that is, conducts business and receives official income, it has the right to withdraw part of its procurement from the strict regulations of 44-FZ and take advantage of 223-FZ, which is more loyal to budget customers.
It is worth distinguishing between the competitive method of identifying a supplier and directly requesting price information for holding a competition or auction under Federal Law-223. Data on the cost of goods, works and services are requested for the same purpose as in Federal Law-44 - to identify current prices and determine the NMCC.
A letter requesting information on prices is drawn up similarly to 44-FZ.
Based on this law, there is an additional competitive method for identifying suppliers, called a request for proposals. The customer places a notice in the system about the purchase carried out in this way and indicates in detail all the necessary information. In this case, certain performers who meet the technical criteria of the customer may be invited to participate. Any organization that meets the requirements of the procurement organizer can participate in the request for proposals. Then comes the acceptance, review and final evaluation of applications. The commission members take into account at least two established criteria for evaluation. As a result, based on the results of the procedure, a contract is concluded with the supplier who offered the most favorable conditions. The result of the RFP is also reflected by the customer on the official website in the public domain.
This method can also be used in the event that the customer terminates existing contracts or when competitive methods (competition, auction) are repeated and declared invalid.
Request for commercial proposal: sample according to 223-FZ
To justify the NMCC using the market analysis method, it is necessary to collect up-to-date information on prices. Let's look at the requirements for commercial proposals under 44 Federal Laws, since they are the easiest way to obtain such data.
Justification of the initial maximum contract price (IMCP) is one of the stages of procurement planning. The Contract System Law established the requirement to primarily apply the market analysis method. This leads to the need to use commercial proposals in the process of determining the cost of an object. At the same time, for errors or failure to comply with the procedure for justifying the NMCC, there is an established administrative liability in the form of a fine of up to 10,000 rubles, which is an unpleasant addition.
Concept
For a supplier whose field of activity is related to the customer’s needs, a commercial proposal is an official document that confirms the cost of his goods, work, services with certain characteristics for a specific period, but does not entail an obligation to conclude a contract.
We prepare commercial proposals under 44-FZ
Part 2-6 art. 22 44-FZ describes the rules for applying the market analysis method and indicates that when justifying the cost of a contract using this method, it is necessary to compare prices for goods or services that are similar to the object of the planned purchase. To do this, you need to obtain up-to-date information on market prices. And the easiest way to do this is to request quotes from companies that supply such goods or provide similar services.
Procedure for obtaining information about prices
Methodological recommendations have been developed for the use of methods for determining the NMCC (Order of the Ministry of Economic Development of Russia dated October 2, 2013 N 567). To collect data on prices, it is recommended that the customer send requests for price information to at least five suppliers, and in determining the NMCC use at least three prices that are provided by different suppliers (clause 3.19).
The algorithm for submitting such a request is as follows:
- Write a description of the procurement object, indicating its quantitative and qualitative characteristics (read the article “How to write a technical specification for a tender”).
- Indicate the essential conditions for the supply of goods and performance of work that affect their cost: territorial location, delivery time, completion of work, availability of a guarantee, the need for adjustment, installation, training of persons, etc.
- Select the target audience of the newsletter. At the same time, according to the recommendations of the Ministry of Economic Development, suppliers must have experience in similar supplies, including experience in executing contracts without the use of penalties over the past three years. At this stage, the customer can use information retrieval systems or publicly available directories of organizations. You can check how the supplier performed contracts within the framework of 44-FZ and 223-FZ on the website of the Unified Information System (EIS) in the register of contracts. To do this, you need to enter the name or TIN of the winner.
- Fill out a request and send it to potential partners. At the same time, according to the Ministry of Economic Development (Letter dated May 10, 2016 N D28i-1308), in order to justify the NMCC, it is considered acceptable to use fax or email to submit requests and receive responses.
- Get an answer, analyze the data and draw up a rationale.
Please note that the validity period of the commercial offer under 44 Federal Laws has not been established. This information must be included in the response document. This is done to eliminate justification based on irrelevant prices.
Prices from previous periods (more than six months from the period when the NMCC was determined) must be brought to the current level by applying a conversion factor.
In addition to sending requests to suppliers, the Ministry of Economic Development recommends carrying out several more procedures: searching for prices in the EIS contract register, collecting and analyzing publicly available price information (advertising, catalogues, statistical reporting, etc.).
Sample request for commercial proposal under 44 Federal Law
Sample commercial proposals under 44 Federal Laws
Request for proposals as a way to identify a supplier
Do not confuse the request for commercial proposals, which are collected in order to determine the NMCC for further implementation of the order, and the request for proposals, as a competitive method of procurement, provided for in Art. 83 44-FZ or the Procurement Regulations under 223-FZ.
This method of procurement is similar to a competition, where there are criteria for evaluating applications, and participants submit data on the price and other terms of the contract in envelopes.