All applications in the request for quotation were rejected. Repeated placement of the notice of request for quotation, because

Good afternoon According to the provisions of Part 2, Art. 79 44-FZ requires extension for a new term

2. If the request for quotation is declared invalid on the grounds provided for in Part 9 of Article 78 of this Federal Law due to the fact that the quotation commission rejected all submitted applications for participation in the request for quotation, the customer extends the deadline for submitting applications for participation in the request for quotation by four working days day and within one working day after the deadline for filing such applications, places in the unified information system a notice of extension of the deadline for filing such applications. In this case, the customer is obliged to send a request to submit applications for participation in the request for quotation to at least three of its participants who can supply the necessary goods, perform work or provide services.

4. If, after the deadline for submitting applications for participation in the request for quotation, specified in the notice of extension of the deadline for filing such applications, no such application has been submitted, the customer makes changes to the schedule (if necessary, also to the procurement plan) and makes the purchase again.

1. The customer enters into a contract with a single supplier (contractor, performer) in accordance with paragraph 25 of part 1 of article 93 of this Federal Law in cases where the request for quotations is declared invalid on the grounds provided for:

1) Part 6 of Article 77 of this Federal Law due to the fact that after the deadline for submitting applications for participation in the request for quotations, only one application was submitted. Moreover, such an application is recognized as complying with the requirements of this Federal Law and the requirements specified in the notice of the request for quotation;

2) Part 9 of Article 78 of this Federal Law due to the fact that, based on the results of consideration of applications for participation in the request for quotation, only one such application was found to comply with the requirements of this Federal Law and the requirements specified in the notice of the request for quotation.

3. If, after the deadline for filing applications for participation in the request for quotation, specified in the notice of extension of the period for filing such applications, only one such application is submitted and it is found to comply with the requirements of this Federal Law and the requirements specified in the notice of the request quotation, the customer enters into a contract with a single supplier (contractor, performer) in accordance with clause 25 of part 1 of article 93 of this Federal Law.

Only 1 application was submitted for the request for quotations. Find out how to conclude a contract with the author participant who submitted a single application for a request for quotation, and within what time frame, from our material.

1 application submitted for quotation request

Request for quotations is one of the competitive methods for identifying a supplier within the framework of public procurement under 44-FZ. Requesting quotes is a fairly popular procedure, as it allows you to quickly find a contractor under a contract, spending a minimum of material and time resources. The request for quotations is carried out without a tender selection and is possible only for contracts worth no more than 500 thousand rubles.

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Requesting quotes is a convenient procedure for both customers and contractors, however, difficulties are not excluded here. Many customers encounter difficulties when, when requesting quotes for a competition, only 1 application was submitted. In this case, is it necessary to conclude a contract with the participant who submitted the only bid, or is it necessary to recognize the tender as invalid? Law 44-FZ contains a clear mechanism of action for the customer in the case when only 1 application was submitted when requesting quotes.

Absence of applications or the only application in the request for quotation

In both cases (a single application has been received or only 1 application meets the requirements), before starting the procedure for concluding a contract with a single supplier, it is necessary to declare the tender invalid ().

Important

Agreement on a contract with a single supplier based on the results of a failed request for quotation is not required. After the tender is declared invalid, you can begin the procedure for concluding a contract within the agreed time frame without obtaining permission from the regulatory authority.

It is the responsibility of the customer to conclude a contract with a bidder that meets the requirements under the sole supplier procedure. This means that the customer does not have the right to refuse the author of a single application to conclude a government contract.

The order of actions of the customer if a single application is submitted for a request for quotation:

1. Collection of applications (including the period of possible extension of the tender period);
2. Verification of a single application by the quotation commission;
3. Drawing up an inspection protocol and placing it in a unified information system;

The contract under Article 93 of Law 44-FZ must be concluded within the following terms:

• no earlier than 7 days from the date of posting the protocol for consideration of requests for quotation applications in the unified information system
• no later than 20 days from the moment of signing the protocol.

The law provides for the customer the opportunity to cancel the procedure for requesting quotations, but this cannot be done if a decision has already been made to accept one or more applications. In the event that the customer tries to avoid concluding a contract, the potential supplier may apply to the Federal Antimonopoly Service or the court to declare the customer’s actions illegal.

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It has many nuances. The first thing the customer needs to know is that participation in a failed purchase cannot be called a loss. A supplier who takes part in such tenders has certain risks, but may also receive some benefits.

When a purchase is declared unsuccessful

A distinction must be made between failed, invalid and canceled procurements.

Invalid purchase – one during which the customer violated the provisions of the relevant legislation (44-FZ or 223-FZ) or the Civil Code of the Russian Federation. A contract concluded as a result of an invalid tender must be terminated.

For certain reasons, the customer or regulatory authority may cancel the purchase at any of its stages.

The purchase is recognized failed when there was in fact no competitive definition of supplier. Depending on the type of trade, the specific reasons may vary.

When auctions under 44-FZ are declared invalid

It is worth considering cases of failed procurement in the three most popular types of procurement procedures:

• no applications have been submitted;
• only one application has been submitted;
• only one application met the documentation requirements;
• the winner avoided signing the contract, and the second participant refused to conclude it (since he has the legal right to do so);
• Based on the results of the prequalification selection, none of the participants met the requirements.

2. In the auction

• no applications have been submitted;
• only one application submitted
• all first or all second parts of applications do not meet the requirements;
• during the consideration of the first or second parts of applications, only one was accepted;
• within ten minutes from the start of the auction, not a single price bid was made;
• the winner avoided signing the contract, and the second participant refused to conclude it;

3. In request for quotation

• no applications have been submitted;
• only one application has been submitted;
• all submitted applications were rejected by the commission;
• only one application was accepted by the commission.

Failed auctions under 223-FZ

It has been repeatedly noted that Law 223-FZ is more loyal to the procurement procedure and the actions of customers. This also applies to their actions in cases where procurements are declared invalid: they are not defined by the law itself, and the Civil Code regulates only failed tenders and auctions.

Most customers take 44-FZ as a basis, replacing some conditions with more flexible ones. Other documents on which the actions of customers are based are the procurement regulations and the Law on Protection of Competition.

Customer actions

1. When no supplier met the requirements

First, changes are made to the schedule. After 10 days, the customer can announce:

• repeated competition if the competition did not take place;
• about another procurement procedure if the auction did not take place;
• about a new purchase if the request for proposals has not taken place;
• on extending the deadline for submitting applications or conducting procurement in another way if the request for quotations has not taken place.

2. When only one supplier met the requirements

• the customer enters into a contract with him if a request for quotations or an auction was carried out;
• the customer agrees on the possibility of concluding a contract with the regulatory authority, if it was a request for proposals or a competition;

The Contract System Law offers us several options for trade procurement procedures. The most “simple” type of procurement is a request for quotation.

Procurement by requesting quotations is much easier and simpler than other competitive procedures. The determining factor in choosing this type of procurement is the initial (maximum) contract price. The timing of the procurement depends on it. The winner is the procurement participant who offers the lowest contract price. The compliance of the application with the documentation requirements will also be checked by the Customer’s commission.

Determining factors for the CUSTOMER:

• NMCC below 500 thousand rubles;
• the total annual volume of purchases by request for quotations is no more than 10% of the Customer’s SPP;
• only one application per participant;
• there is no obligation to clarify documentation;
• development of procurement documentation is minimal.

Determining factors for the SUPPLIER:

• no requirements for participant experience;
• no application security;
• no registration required on trading platforms (until 01/01/2019)
• most often there is no contract enforcement;
• the determining factor of victory is the lowest price;
• anti-dumping measures are not applied.

A procurement participant who wishes to participate in a request for quotation must submit an application on paper or using software. Application on paper submitted in a sealed envelope and requires additional labor and time to submit it on time. This could be courier services or the labor and time of the procurement participant (its employees).

Request for quotation in electronic form will be fully operational from January 1, 2019 and promises many new tests for Customers and Suppliers, but this topic deserves a separate article.

Opening of envelopes with participants' applications takes place at a specified time on a commission basis. Audio recordings are required during commission meetings. Procurement participants may also be present at the commission meeting and may also audio record the meeting. This approach to summing up the procurement results makes it more transparent.

Under what conditions may a request for quotation fail?

However, despite the simplicity and ease of carrying out these procurements, like any other competitive procedure, a request for quotation may be declared invalid. All possible cases of declaring a request for quotation invalid are specified in Article 77 of Federal Law No. 44-FZ. Let's look at them in detail.

1. part 6 of article 77 - one application was submitted to participate in the request for quotation and one was found to comply with the requirements of the notice of the request for quotation. This is the most “convenient” option for both the Customer and the Supplier. The contract will be concluded at the price proposed by the procurement participant.

2. part 9 of article 78 - several applications were submitted to participate in the request for quotations, but only one complies with the requirements of the notice. Unlike the previous option, in this case, there will certainly be savings in money when concluding a contract.

3. part 9 of article 78 - all submitted applications for participation in the request for quotation do not comply with the requirements of the procurement notice and are rejected.

In the first two options considered, the contract is concluded according to clause 25 of part 1 of article 93. If the request for quotation is declared invalid because all submitted applications were rejected by the Customer, then the Customer becomes obligated to:

1. Extend the deadline for submitting applications to participate in the request for quotation;
2. Send requests for proposals to participate in the request for quotation to potential participants.

The application submission period is extended by four working days. The Customer must post the notice of extension of application submission in the Unified Information System on the next business day after the deadline for submitting applications.

EXAMPLE: On September 10, the Customer published a notice in the Unified Information System about a request for quotation. The initial (maximum) contract price is 400,000 rubles. The deadline for submitting applications is 10:00 September 20. None of the potential procurement participants submitted applications. On September 21, the Customer posts a notice of extension of the submission deadline and sets the application deadline to 10:00 on September 28.

If, after extending the deadline for submitting applications for participation in the request for quotations, not a single application has been submitted, then the Customer makes changes to the schedule and carries out the procurement again - Part 4 of Article 79 of the Law on the Contract System. And so on in circles until the request for quotation takes place.

The request for quotations was declared invalid, because no applications have been submitted. Is it necessary to re-post the Request for Quotations notice? What to do with a position in the schedule, create a new one or make changes to the old one, and if you make changes to the old position, do you need to complete supplier determinations for the old (first) purchase in order to place a notice on the basis of the schedule?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what rules are used to conclude contracts during the transition period and after.

Currently, the Law on the Contract System does not contain rules regulating the consequences of declaring a request for quotation invalid if no applications were submitted to participate in the request for quotation.

In the current situation, on the basis of Part 6 of Art. 77 of Law No. 44-FZ, the customer should create and place in the Unified Information System a protocol for the consideration and evaluation of quotation bids, in which it is necessary to reflect information about the absence of submitted bids and the recognition of the request for quotation as invalid.

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In accordance with Part 8 of Art. 78 of Law No. 44-FZ, the results of the consideration and evaluation of applications for participation in the request for quotations are documented in a protocol.

According to Part 6 of Art. 77 of Law No. 44-FZ, if at the end of the deadline for submitting applications for participation in the request for quotation, not a single such application has been submitted, the request for quotation is recognized as failed.

There are no rules governing the procedure for declaring a request for quotation invalid in this situation, therefore, we believe that the relevant information is included in the protocol for the consideration and evaluation of quotation applications.

Thus, we believe, taking into account the fact that the provisions of Law No. 44-FZ do not contain any exceptions from the obligation to draw up a protocol based on the results of a request for quotations for cases where no application has been submitted, in order to comply with the requirements of Law No. 44-FZ the customer must draw up and post in a unified information system a protocol for the consideration and evaluation of quotation bids and indicate in it information about the absence of submitted applications for participation in the request for quotation, as well as information about the recognition of the request for quotation as invalid.

If the customer decides to re-purchase, he can, if necessary, make changes to the schedule and carry out it again.

At the same time, we believe that if the customer plans to make a new purchase by requesting quotes, then changes must be made to the old position of the schedule. If the purchase is planned in a different way, then the customer needs to enter a new position in the schedule.

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Magazine "Goszakupki.ru" is a magazine on the pages of which practical explanations are given by leading industry experts, and materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles in the magazine are of the highest degree of reliability.