Standard application forms in 44‑FZ: explanations and templates

Sample application for competition under 44 Federal Law: documents, features, deadlines

Open tender is the most common method of competitive procurement; any supplier can participate in it. Since all requirements for the subject of purchase and suppliers are described in the tender documentation, participants have to be especially careful when preparing applications so that they meet the wishes of customers. (44 Federal Law sample).

Before submitting an application, competition participants, as a rule, carefully study the contents of the competition documentation. The description of the procurement object will necessarily set out the requirements for the product, the result of work, services, as well as quantitative and qualitative characteristics. The specified initial (maximum) contract price allows you to evaluate the possibilities for participation in a specific competition. The profitability of the proposal is also assessed according to a number of other criteria, which are disclosed in the information on the procedure for conducting the competition: the procedure for submitting applications, the required list of documents from the participant, the date and time of the deadline for submitting applications, the place, date and time of opening envelopes, etc. If the supplier considers the proposal interesting and adequately assesses his capabilities, he can apply for the competition. Below you are presented with a sample of requirements for a competitive application (44 Federal Law sample)

Standard application forms in 44‑FZ: explanations and templates

• requirements for the content of applications in all types of competitive procurement,
• requirements for the ETP to ensure the submission of a standard application generated on the site.

Who develops standard forms?

There are no ready-made templates in the resolution. In response to questions from procurement participants, the Ministry of Finance published a letter dated November 19, 2019 No. 24-06-05/89376. Here are his main points:

• Customers are not required to develop standard documentation.
• The standard documentation is approved by the Ministry of Finance.
• The obligation to use standard documentation will come after it is approved by the order of the Ministry of Finance, but the order has not yet been issued.

So is it necessary or not to use standard application forms now?

After reading Resolution No. 1401, experts were divided into two camps:

• Some believe that the forms are mandatory for all parties to public procurement (suppliers, customers, ETP).
• Others believe that the requirement to use standard forms applies only to ETPs and customers: they must attach standard forms in documentation or build them into the application process. Moreover, 44-FZ does not yet give customers the right to reject suppliers with non-standard applications.

Despite the fact that the resolution does not directly say that suppliers are required to use standard application forms, we still recommend doing so:

• Firstly, any letters from the Ministry of Finance only clarify its position and are not legal acts.
• Secondly, it’s easier to play it safe and fill out a standard application than to prove to the FAS that you were rejected illegally.

Our bidding support department has made its own templates that meet the requirements of the resolution. We've added them to the instructions section.

Samples of standard application forms

Select the desired option and use it in your work. When the Ministry of Finance approves its templates, we will replace them.

Open auction

• First part
• Second part

Closed auction

• First part
• Second part

Open competition

• First part
• Second part
• Price offer

Closed competition

• First part
• Second part
• Price offer

Limited Participation Competition

• First part
• Second part
• Price offer

Closed competition with limited participation

• First part
• Second part
• Price offer

Two-stage competition

• First part
• Second part
• Price offer

Closed two-stage competition

• First part
• Second part
• Price offer

Request for quotation

• Offer for goods, works, services
• Price offer

Request for proposals

• Application
• Price offer

Source: zakupki.kontur.ru

What documents are included in the competition application?

An application for a competition requires the largest number of documents. This kit includes:

• information about the participant; As a rule, the customer provides a recommended form to fill out, and it is better to use it.
• extract from the register no older than 6 months before publication of the notice (legal entity and individual entrepreneur);
• copies of identity documents (individual);
• the authority of a person to carry out actions on behalf of a participant (a copy of the decision on appointment, election, or a copy of the order appointing an individual to a position;
• power of attorney to act on behalf of the participant);
• documents confirming the compliance of the open tender participant with the requirements of the law (clause 1, part 1, article 31). So, for example, if the activity is licensed, then you will need to provide a copy of the license, regardless of whether the customer wrote about it in the documentation or not.;
• documents confirming the qualifications of the participant (if a requirement is established - Part 2 of Article 31 44-FZ);
• declaration of the participant’s compliance with the requirements of the law (clauses 3-9, part 1, article 31 44-FZ);
• copies of constituent documents of the participant (LE);
• decision to approve or complete a major transaction;
• documents confirming the participant’s right to receive preferences

documents confirming the compliance of the participant and (or) the GWS offered by him with the conditions, prohibitions and restrictions of the national regime;

• Declaration of affiliation of the participant of the SMP or SONKO (if necessary)

proposal of a participant in an open tender regarding the procurement object;

• copies of documents confirming the compliance of goods, work or services with legal requirements (if a requirement is established);
• documents confirming the integrity of the participant in an open tender (as an anti-dumping measure);

According to paragraph 1 of Art. 37 44-FZ, if during the competition the initial (maximum) contract price is more than 5 million rubles. and the procurement participant offers a price 25% or more below the initial (maximum) contract price, then he must provide contract security in an amount exceeding 1.5 times the amount of contract security specified in the tender documentation.

• documents confirming the submission of security for the application for participation (either a bank guarantee or a payment order). (44 Federal Law sample)

Required documents

Along with the application, the procurement participant must provide the customer with:

• copies of the organization’s constituent documents (for individuals – passport);
• extract from the Unified State Register of Legal Entities;
• a copy of the order of the management of the participating company authorizing the representative submitting the application to act on behalf of the company;
• documents confirming the contractor’s compliance with the customer’s requirements;
• certificate of absence of a bankruptcy case against the procurement participant;
• certificate of absence of tax debts;
• a certificate of no criminal record in arbitration cases from the head and chief accountant of the participating company;
• documents confirming the right to an advantage over other participants;
• certificates confirming the Russian origin of goods or services supplied to the customer (if necessary);
• document confirming application security.

Additionally, a drawing or sketch of the product or work performed in the performer’s vision can be presented - for example, an image of a landscaped area or a diagram of a building complex.

Documents confirming the contractor's compliance with the customer's requirements may include certificates of conformity, employee documents on professional training, as well as a license to carry out certain activities.

Only organizations of people with disabilities or government agencies involved in the penal system have an advantage over other participants - documents of the organizations must be presented for confirmation.

Features of applications for the competition

Applications must be submitted in writing in a sealed envelope that does not allow the contents to be viewed until opened. All sheets of a written application for participation in the competition, all sheets of the volume of such an application must be bound and numbered. The application for participation in the competition and the volume of the application must contain an inventory of the documents included in them, be sealed if available (for a legal entity) and signed by the participant in the competition or an authorized person. It is possible to change and withdraw the application at the request of the participant before the deadline for submitting applications.

3.Withdrawal of an application for participation in the competition

The supplier has the right to withdraw the application in accordance with Article 43 44-FZ. Let's consider the features of withdrawing an application for participation in a competition.

We discussed the reasons for withdrawing applications in the first part of the article. Let's look at the technology and sequence of actions of the supplier to withdraw its application.

Firstly , the withdrawal of an application for participation in the competition is carried out in paper form (or through the UIS or ETP, if applications were submitted electronically). It is recommended that after sending the letter to the customer about the review, you also duplicate the letter by fax. It is not recommended to send revocation letters by mail, as in this case the letter may not reach the customer in time. It is better to send such documents by courier.

Please note: At the moment, it is not possible to submit applications for the competition through the EIS functionality. Withdrawing an application to make changes may have an impact on the ranking of applications. If the scores received, for example, by two participants are equal, the application that was submitted earlier is ranked higher. Therefore, you should only withdraw an application for changes when it is truly necessary.

Secondly , the withdrawal of the application must be carried out before the end of acceptance of documents. It is also recommended that the supplier obtain a receipt or other document confirming that the customer has received a letter about the withdrawal of the application (to avoid possible insinuations in this regard).

Thirdly , after withdrawing the application, the supplier has the right to correct the application and send it again to the customer.

Fourthly , if an application is withdrawn before the end of the application, the supplier does not lose the funds contributed as security for the application.

To ensure that the supplier does not have to make changes to a previously submitted application, changes made by the customer to the Unified Information System should be monitored. It is also recommended to submit an application for the competition after the deadline when the customer can no longer make changes to the procurement documentation (that is, 5 days before the deadline for accepting documents, Article 50 44-FZ).

Deadlines and requirements

A period of at least 20 days is established from the moment the procurement notice is posted until the deadline for submitting applications. What can happen during this time?

— A participant can submit a request for clarification of documentation if he has questions, but not less than 5 days before the deadline for submitting applications. The customer has no more than two days to publish a response. Based on this response, changes to the application may need to be made.

— The customer can make changes to the documentation, but no later than 5 days before the deadline for submitting applications. Accordingly, the participant can withdraw the application or make changes and resubmit it. Moreover, if the customer makes changes, he must notify everyone to whom the documentation was provided within two working days.

If the customer makes changes and there are less than 10 days left before the deadline for submitting applications, he must reschedule the deadline. If there are less than 5 days left before the deadline for submitting applications, then changes cannot be made in principle.

— In case of force majeure, the customer can cancel the purchase, but no later than 5 days before the deadline for submitting applications.

At the application stage, it is important to monitor what is happening with the purchase and whether changes are being made.

Application evaluation example.

Appendix to the documentation for

holding an open competition

PROCEDURE FOR EVALUATING APPLICATIONS 44 Federal Law sample

Applications are assessed in accordance with the Rules, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs, approved by Decree of the Government of the Russian Federation dated November 28, 2013 No. 1085 “On approval of the Rules for the evaluation of applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Rules).

In order to evaluate applications, the customer establishes the following criteria in the procurement documentation:

Cost evaluation criteria:

1. I. Contract price

Criterion significance: 60%.

Criterion significance coefficient: - 0.6.

Contents: the cost of the contractor's expenses in current prices, including VAT and percentage reduction. If a procurement participant's application indicates a contract price that exceeds the initial (maximum) price, the application of such participant is rejected as not meeting the requirements of the tender documentation, other indicators of the application are not considered.

The procedure for evaluating applications according to the criterion:

Evaluation and comparison of applications for participation in the competition according to this criterion is carried out in accordance with subparagraph a) of paragraph 4 and paragraphs 8, 9, subparagraph a) of paragraph 16 of the Rules:

The number of points awarded according to the evaluation criterion “contract price” is determined by the formula:

a) if Tmin >0,

,

Where:

— proposal of the procurement participant whose application (proposal) is being evaluated;

- the minimum offer from the proposals according to the criterion made by the procurement participants.

b) if Tmin <0,

where Tmax is the maximum offer among the proposals according to the criterion made by the procurement participants.

The rating of the application according to the evaluation criterion “Contract price” is equal to the score in points received by the procurement participant based on the results of the evaluation according to the evaluation criterion, taking into account the significance coefficient of the evaluation criterion.

Non-cost evaluation criteria 44 Federal Law sample:

1. II. Qualifications of procurement participants, including their availability of financial resources, equipment and other material resources belonging to them by right of ownership or on another legal basis, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level.

Criterion significance: 40%.

Criterion significance coefficient: - 0.4.

Contents: in accordance with the indicators.

1. Indicator: participant’s experience in successfully completing state and (or) municipal contracts, and (or) civil contracts.

Indicator significance coefficient: 0.2

Maximum number of points for the indicator: 20.

Contents: information about the participant’s experience in successfully completing work of a comparable nature and volume - information about the total cost (in rubles) of executed contracts (agreements) without penalties, including in terms of violation of deadlines, quality of work and other conditions of contracts through the fault of the procurement participant for work of comparable nature and scope. Executed contracts (agreements) with terms of conclusion starting from 2015 to the day of filing an application for participation in the competition are subject to evaluation. The information is confirmed by copies of executed government contracts (civil contracts) without penalties and copies of acceptance certificates for completed work, concluded in accordance with Federal Laws No. 44-FZ and No. 223-FZ, indicating the register numbers of contracts contained in the register of contracts EIS.

In addition to supporting documents, information can be presented in table form.

Documents confirming work experience must clearly reflect the cost (amount) of work performed and the period of its completion.

Work of a comparable nature and volume means work on certification of road facilities, design work in the field of transport infrastructure, the cost of which under one contract (agreement) is equal to or exceeds the initial (maximum) price of the contract awarded as part of this procurement.

Information on the execution of contracts (agreements) by affiliates of the procurement participant will not be taken into account when evaluating applications.

The procedure for evaluating applications by indicator:

A score of 0 points for the indicator is assigned to a participant who does not have experience in performing work of a comparable nature and volume under state and (or) municipal contracts, and (or) civil law contracts for the required period, or whose application does not contain information about experience in performing work , confirmed by the attached documents (copies of contracts (agreements) and acceptance certificates for completed work).

The maximum proposal is recognized as the proposal of a procurement participant whose application contains information about successfully (without violations of the terms of contracts through the fault of the participant) completed work of a comparable nature with the highest total cost, confirmed by attached documents (copies of contracts (agreements) and acceptance certificates of completed work), confirming performance of work of a comparable nature and volume under state and (or) municipal contracts, and (or) civil law contracts for the required period.

The number of points awarded for the indicator ( ) is determined by the formula:

Where:

KZ - coefficient of significance of the indicator.

— proposal of the procurement participant whose application (proposal) is being evaluated;

— the maximum offer among the proposals for the evaluation indicator made by the procurement participants.

1. Indicator: business reputation of the procurement participant

Indicator significance coefficient: 0.4

Maximum points for the indicator: 40

Contents: information about the business reputation of the procurement participant.

Confirmed by copies of positive customer reviews (hereinafter referred to as Documents) for work performed under contracts and/or agreements.

Documents (copies of documents) that do not have clear details (date, number, signature), that are not tied to a specific contract and/or agreement, as well as those received by the procurement participant from individuals will not be accepted for evaluation.

Several positive customer reviews for one contract and/or agreement are accepted for evaluation as one. Information that is not supported by documents is not subject to evaluation.

The procedure for evaluating applications by indicator:

A score of 0 points for the indicator is assigned to a procurement participant whose application does not contain positive feedback from customers for the work performed under contracts and/or agreements, or documents are submitted that do not have clear details (date, number, signature), or documents are submitted from individuals.

The maximum proposal from the proposals for the evaluation indicator made by procurement participants is recognized as the proposal of the participant whose application presents the largest number of positive customer reviews for the work performed under contracts and/or agreements.

The number of points awarded for the indicator ( ) is determined by the formula:

Where:

KZ - coefficient of significance of the indicator.

— proposal of the procurement participant whose application (proposal) is being evaluated;

— the maximum offer among the proposals for the evaluation indicator made by the procurement participants.

3. Indicator: provision of procurement participant with labor resources.

Indicator significance coefficient: 0.40

Maximum points for the indicator: 40

Contents: information on the number of engineers with a specialty in Highways and Airfields, Engineers with a specialty in Bridges and Transport Tunnels of the procurement participant engaged to carry out the work. Confirmed by a copy of the diploma, a copy of the employment contract and an extract from the staffing table.

The procedure for evaluating applications according to the criteria:

A score of 0 points for the indicator is assigned to a participant whose application does not contain information on the number of engineers in the specialty Highways and Airfields, Engineers in the specialty Bridges and Transport Tunnels, or information on the number of engineers in the specialty Highways and Airfields, Engineers in the specialty Bridges and transport tunnels of the procurement participant involved in performing the work are not documented.

The maximum proposal from the proposals for the evaluation indicator made by the procurement participants is recognized as the proposal of the participant whose application provides information about the largest number of engineers specializing in Highways and Airfields, Engineers specializing in Bridges and Transport Tunnels, attracted to perform the work. Information that is not supported by documents is not subject to evaluation.

The number of points awarded for the indicator ( ) is determined by the formula:

NCBi = KZ*100*(Di/Dmax),

Where:

NCBi - number of points;

KZ - coefficient of significance of the indicator;

Di - proposal of the procurement participant whose application (proposal) is being evaluated;

Dmax is the maximum offer among the proposals for the evaluation indicator made by the procurement participants.

Rating of the application according to the evaluation criterion “Qualification of procurement participants, including the availability of financial resources, equipment and other material resources belonging to them by right of ownership or on another legal basis, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level” is equal to the sum of the scores received by the procurement participant based on the results of the assessment based on the indicators of this assessment criterion, taking into account the significance coefficient of the assessment criterion.

The final rating of the application (proposal) is calculated as the sum of the ratings for each criterion for evaluating the application (proposal). The winner is the procurement participant whose application (proposal) is assigned the highest final rating. The application (proposal) of such a procurement participant is assigned the first serial number.

Conclusions: 44 Federal Laws are an example of the creative thought of our Legislators.