Commercial offer of the supplier 44 Federal Law. Request price quotes. Price request form

By virtue of Part 2 of Art. 22 of Law 44-FZ method of comparable market prices(market analysis) consists of establishing the initial (maximum) price of the contract, the price of the 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, similar 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. detailed description object of purchase, including 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;
Full description included in the price of services with specific characteristics and planned completion dates, if implied certain types works

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 state-financed organization provides additional services to the population, that is, conducts business and receives official income, it has the right to remove part of the purchases 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. Members of the commission 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 profitable terms. 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 under 44-FZ and 223-FZ on the United 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.

Commercial offers under 44-FZ are the easiest way to obtain up-to-date information on prices on the market. Without this data, it is impossible to justify the NMCC using the market analysis method. In the article we will analyze the requirements for commercial proposals under 44-FZ.

(NMCC) - 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, administrative liability is established in the form of a fine of up to 10,000 rubles, which is an unpleasant addition.

Concept

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 a commercial proposal (a sample can be seen below) 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 NMCC (). 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:

Compile it indicating its quantitative and qualitative characteristics (read the article).
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 under 44-FZ and 223-FZ on the Unified Information System (EIS) website. 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 No. D28i-1308 dated May 10, 2016), 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-FZ 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.

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 price 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 with the help of the provided price information, the specific real cost of services or goods that the customer requested is indicated, and this is not the 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 CFO to sign or Chief Accountant. 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 that are 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 a tender, the specified cost 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 results

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 of 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 offer is an official important document confirming the value of goods, services, work with certain characteristics on 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 most in a simple way is a request for 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 found out the most important information about a 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 benefits: advance payments for government contracts, short time settlements, concluding direct contracts and subcontracts without a tender. and work only under profitable contracts with minimal competition!

Commercial proposals in procurement

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

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 budgetary 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 budgetary customers.

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. Members of the commission 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.