Other dances

If the purchase is of a small volume, are three commercial proposals and registration of the NMC required? Request for commercial proposals to justify the NMC Price proposal under Federal Law 44

A request for commercial proposals is carried out in preparation for a tender. Based on the responses received from suppliers, the customer forms a justification for the initial (maximum) price of the contract. This method of justifying prices is called the market analysis method.

Sending a document

After that, Once the document is drawn up, it must be sent to at least five suppliers, capable of supplying the subject of purchase. The request can be printed and sent via courier. This ensures that the document is delivered to the right company. However, this is appropriate if we are talking about a specific supplier with whom contracts for the supply of the subject of purchase have already been previously concluded.

Regulatory documents provide for the possibility of using fax or email. However, the easiest option for sending a request to a large number of suppliers is email. Basic rules when making a request:

  • The letter must be written on the organization's letterhead.
  • The letter must indicate the date of sending and the outgoing number.
  • The signature of the head of the organization and a seal (if available) are required.

When sending a letter via email, it is best to use the PDF format. To do this, the document drawn up and signed by the manager must be scanned and attached to an email. In this case, be sure to indicate the subject of the letter, otherwise it may get lost in the stream of documents arriving daily at the supplier’s mail.

More information about requesting quotes electronically can be found in.

The supplier is not obliged to respond. This is only his right. Therefore, in order to receive at least five proposals, it is recommended to send a request to more suppliers. First of all, you should pay attention to those suppliers who already have experience in supplying the subject of purchase under other contracts. Information about this can be seen in the register of EIS contracts.

Priority for calculating the initial (maximum) contract value. In this case, the customer can organize a request for prices 44-FZ, which is addressed to suppliers of identical goods, works, services and is posted in the Unified Information System (EIS).

Quite often, the process of requesting price proposals is confused with the concept of “request for price quotes.” This is a big mistake, because the first process is associated with the formation of the NMCC for the start of bidding, and the last is a full-fledged procedure for identifying a supplier. In this article, we will look at the first concept and create a sample quotation request letter.

In procurement by certain types of legal entities under 223-FZ, there is a separate procedure for selecting the winner, which is also called “price request”. However, further we will talk not about the procedure, but about a tool that helps customers justify the NMCC.

In the Methodology for determining the NMCC (approved) it is recommended for the customer to obtain reliable price information:

  1. Request data from at least five participants with relevant supply experience (at least three of them must provide the necessary information).
  2. Place an application in the EIS.
  3. Search in
  4. Collect and analyze publicly available information.

How to compose a letter

A price request is not an offer. These two concepts have completely different purposes. The purpose of an offer is to propose to conclude a contract. The one who sends the offer fixes all the essential conditions, and the one who receives the offer either accepts them or refuses to sign the contract. The purpose of the request is to request the necessary information. The letter can be free-form, but certain rules and mandatory provisions must be provided. Below is a plan and important points to consider when drawing up a request for quotation:

  • addressee and addressee data;
  • date, place and originating number;
  • topic of appeal;
  • addressing the addressee (taking into account the rules of business correspondence);
  • basic information;
  • offer to collaborate;
  • thanks for the answer;
  • signature, and also indicate the position, surname, first name, patronymic of the compiler.

Based on clauses 3.10.1-3.10.6 of the Methodological Recommendations, the request to provide price information in the proposal is addressed to the potential supplier and may contain:

  1. with proper indication of the unit of measurement, quantity of goods (volume of work, service).
  2. List of information for determination.
  3. Basic provisions for the execution of the contract, requirements for the guarantee.
  4. Deadlines for providing price information.
  5. Notice that the procedure does not entail any obligations for the customer.

Sample letter for requesting prices

How to place a price request in the Unified Information System under 44-FZ

Based in his actions on the norms of Art. 22 44-FZ and Methodological Recommendations, the customer can organize an open request for prices in electronic form in the Unified Information System. To do this, you can use both the instructions below and the user manual. It is placed in the UIS in the “Documents” section.

All work on requesting price information takes place in your personal account. The functionality of the UIS makes it possible to carry out a preliminary search for procedures that were published through the account.

To go to the desired page, you will need to select this item in the menu of the “Registers” block.

To start filling in data, you need to click on the “Create price request” button.

Next, enter the data. The functionality of the system allows you to attach the necessary files. After filling out the fields with all the necessary information, you can verify that they are filled out correctly using the “Save and Check” button.

You can edit through the “Edit project menu” item on the “Preparation” tab.

The system allows you to delete the generated project. To do this, select the menu item of the same name.

In addition, it is possible to delete the project of the previous change operation. This function is available in the "Preparing Changes" stage.

After placing the procedure, the printed form is reflected in two parts: upper and lower.

The active “Sign and Place” button will allow you to confirm your consent to this action.

After posting, you can still make changes. To do this, simply select the “Edit” menu item.

It is also possible to cancel publication completely.

The system will ask for the reason and relevant documents. You can save this information (via the save button) or post the change using the “Submit for posting” button. This step will be reflected as “Cancelled” status.

The system capabilities allow you to edit the cancellation project. To do this, click on the “Open card” item. After that, go to the “Documents” tab. And then in the “Cancel request for prices” block you will need to click on the “Edit” item.

To post a finished change, simply click on the “Submit for Posting” button.

On the “Posted” tab, you can view the request card.

It is possible to delete a cancellation project through the “Open card” item. Go to the "Documents" tab. In the “Cancel” block, select “Delete”.

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.

You will learn more about the timing of the procedure.

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:

Read more about the procedure for requesting prices under 223-FZ.

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

  1. Preparation of a notice and publication of it together with the draft contract on the government procurement portal www.zakupki.gov.ru.
  2. Reception and registration of applications from participants until the opening. The customer is obliged to ensure the safety of the envelopes.
  3. At the specified time, the commission reveals the participants, examines them for compliance and evaluates them, as a result of which a winner is selected. The customer is required to conduct an audio recording of the autopsy procedure.
  4. 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.
  5. Within two days, the winner is sent a completed draft contract and a second copy of the protocol.

In some cases, the procedure is considered unsuccessful. In this case, the customer’s actions are prescribed in 44-FZ:

For the supplier

The supplier's actions are as follows:

  1. On the portal www.zakupki.gov.ru, find the purchase you are interested in and carefully study all the documentation offered.
  2. 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.
  3. The participant may be present at the opening and consideration of applications.
  4. When a participant is recognized as a winner, an agreement is concluded with him on the terms specified in the competition documentation.

Important! The agreement is concluded no earlier than 7 days from the date of placement and no later than 20 days from the moment of signing the protocol for consideration of applications.

If the supplier does not send the signed contract to the customer within the established time frame, he is recognized as having 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.

You will learn about the important points of the document and the rules of drafting in.

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.

You will learn more about making a request through a notice.

How to compose?

The notice must indicate:

  1. Information about the customer, his contact details and the details of the person responsible for the purchase.
  2. Terms of the contract in brief form. Information about the item of purchase indicating the quantity. Initial contract price.
  3. Information about restrictions and benefits for participants, if any.
  4. Type of purchase.
  5. , order and form of submission.
  6. Date and place of opening of applications.
  7. Contact information of the official responsible for concluding the contract.
  8. Information about possible refusal to conclude a contract.

How to post?

The notice is published on the government procurement portal together with the draft contract. The deadline for publication of documentation is specified in clause 1 of Art. 74 44-FZ. Simultaneously with the publication of the notice, the customer has the right to send a request for quotation to at least three persons capable of supplying the subject of purchase.

Just a note. Notice of procurement must be available throughout the period of acceptance of applications without charge.

You will find out how the electronic quotation form is published on the portal.

Justification for purchase

The request states:

  • 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

1. Sample commercial proposal 44 F3

The simplest and most uncomplicated way to obtain up-to-date information on the cost, as well as the characteristics of goods or services, in order to calculate the NMCC and announce a tender using the market analysis method is. A sample commercial proposal for 44 F3 is a special document that indicates exact information about the participant and the name of the customer to whom this letter will be sent.

2. Request for a commercial proposal to justify the NMCC

The most popular way to determine the maximum contract price is market analysis. It does not matter whether the organization uses a competitive procurement method or enters into a contract as with a single supplier; according to the current legislation (Article 22 44-F3), in any case it is necessary to provide justification (NMCC). For everything to go smoothly, the customer must have up-to-date price data. Commercial offers are collected from various suppliers who offer to use the required goods or services. Based on the results, the arithmetic average cost is displayed, at which the tender is announced.

3. About commercial proposals in procurement

To determine the NMCC of a budget organization acting as a customer, you need to give a request for a commercial proposal to five potential contractors. The answer should be: at least three price letters that describe the goods and services. They must meet all the conditions stated in the procurement plan.

The main goal is to collect the necessary information in order to analyze it later. The NMCC is released only after a thorough analysis of the results.

As for the content of the pricing document (basis 44-F3), it must necessarily be consistent with the legally established requirements. This part includes the following information.

    The purchased goods, works or services are described as accurately and in detail as possible. We are talking about quantitative data, units of measurement, volumes of work performed.

    Basic conditions from the draft contract. This includes delivery features, provision of various services, or specific characteristics of the work.

    Clarification that the provided price information indicates the specific real cost of services or goods that the customer requested, and this is not a basis for further entering into contractual relations, but only a preliminary calculation.

Commercial offer 44 F3 is a very important document that must be filled out correctly.

4. About providing a commercial offer

As soon as the customer has found the three necessary suppliers to calculate the NMCC of the planned purchase and sent out letters, he receives an official response from the organizations he has chosen.

What kind of answer is this? It is a kind of document on the supplier’s official letterhead, which contains a “live” seal and signature of the manager.

There are times when it is necessary for the financial director or chief accountant to sign. This document provides information about:

    full details of enterprises;

    current, at the time of request, cost of the product or service that is provided;

    a full description of the services included in the price.

This document is informational in nature. It should not in any way influence the final decision on concluding the contract.

It is important to note that the cost data received does not expire. However, when this calculation is used to determine the NMCC of the tender, the specified value is indexed and must correspond to the conversion factor at the time the tender is announced.


Having difficulty filling out a commercial proposal?

Order competent assistance in filling out documents from our specialists, with payment for the result

5. Preparation of a commercial offer

To justify the NMCC using market analysis, it is necessary to have price information that is relevant today. Requests for quotation are the easiest methods to obtain such data.

The initial maximum contract price is an important stage in procurement planning. The Law on the Contract System establishes requirements that require the use of a market analysis method first. Therefore, there is a need to apply commercial proposals when the process of determining the cost of an object occurs. If errors occur and the procedure for justifying the NMCC is not followed, administrative liability is applied - this is a fine of up to 10,000 rubles, and this is a very unpleasant addition. We will talk about a sample commercial proposal 44 F3.

Download a sample request for a commercial proposal under 44 Federal Laws


Download a sample commercial proposal for 44 Federal Laws

6. The concept of a commercial proposal

A commercial proposal is an official important document confirming the cost of goods, services, work with certain characteristics for the required period, but there is no obligation to conclude an agreement.

According to Parts 2-6 of Art. 22 44-F3, describes the rules for using the market analysis method and states that if justification for the cost of a contract using this method is used, it is necessary to compare prices for goods that are similar to the procurement object. All you need to do is have access to up-to-date market price information. And the easiest way is to request a commercial proposal from companies that supply goods or provide similar services.

7. How pricing information is obtained

There are specially developed recommendations that allow the use of methods for determining NMCC. In order to have the necessary data on all prices, the customer needs to send requests for price information to five companies. What is the algorithm for submitting such a request?

To begin with, a complete description of the procurement object is drawn up, qualitative and quantitative characteristics are indicated. Below are the essential terms of delivery of goods that affect their price. Then you should select the target audience of the newsletter. As the Ministry of Economic Development recommends, suppliers must have supply experience. This stage involves the customer using information retrieval systems or publicly available reference organizations.

At the next stage, a request is made and potential partners receive it. At the final stage, the answer comes, the data is analyzed and a justification is drawn up.

Please note that the commercial offer for 44 F3 does not have a validity period. The response document must have this information. This is done so that justifications are excluded when an out-of-date price basis is applied.

As for the prices of the previous period, a conversion factor is used, which leads to the current level. You need to do more than just send requests to suppliers. It is also recommended to carry out the following procedures:

    look for prices in the register of EIS contracts;

    collect and analyze publicly available price information.

So, we have learned the most important information about the sample commercial proposal 44 F3. You can easily download such a sample on specialized sites. As it turned out, preparing commercial offers for 44 F3 is not at all difficult. It is important to have the necessary information. Then everything will be as clear as possible.

8. Video instruction commercial offer 5 serious mistakes


For a guaranteed result in tender procurement, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business, you can get a number of advantages: advance payments for government contracts, short payment terms, conclusion of direct contracts and subcontracts without a tender. and work only under profitable contracts with minimal competition!