From the point of view of the customer and his legal status, there are two key categories of commercial letters:
From private companies. Requests come from a wide range of commercial organizations.
From state and municipal institutions, companies with state participation.
There are differences between these two categories:
Aspect Request for job seekers data package quotation from a private company Request for a commercial proposal from a state-owned company
Purposes of submission Clarification of information, receipt of offers from potential suppliers, selection of the best offer, conclusion of a contract Determining average prices to establish the initial maximum contract price, attracting suppliers to participate in public procurement
Content Features Please provide information on prices for the product of interest, delivery terms Please provide information on prices and terms of delivery of goods, provision of services and details on properties and requirements
Method of submission Personally to the potential supplier (email, postal delivery, courier delivery) In an open manner on the website of the Unified Information System (UIS)
These differences manifest themselves in the objectives, content and methods of providing commercial proposals, building personalized approaches for effective interaction within the framework of business and public procurement processes.
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Features of a request for commercial proposal for government agencies
In the context of state budget organizations, the process of obtaining goods and services is subject to strict standards established by the Federal Law "On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs" dated 05.04.2013 No. 44-FZ. According to this law, a commercial request, or price information, is one of the key stages in selecting a contractor for public procurement on a competitive basis.
Documents for recording beneficiaries
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Unlike private requests, a state request for a commercial proposal in accordance with Federal Law No. 44 is subject to certain requirements:
The document must be published in the public domain on the EIS website – www.zakupki.gov.ru.
If the organization has experience of cooperation with contractors that exceeds 1.5 years and intends to conclude a new contract with them, it is obliged to notify priority suppliers (at least two legal entities or individual entrepreneurs).
The final decision on concluding a preliminary agreement and preparing the relevant documentation is made by an expert commission.
According to Article 31 of Law 44-FZ, representatives of the customer and the contractor, as well as participants in the selection, must not be related.
In cases where a budgetary institution provides additional services to the population and is engaged in entrepreneurial activity with the receipt of official income, it has the opportunity to exclude a certain volume of purchases from the strict conditions of 44-FZ. To do this, it is necessary to use the more flexible Federal Law "On the purchase of goods, works, services by certain types of legal entities" dated 18.07.2011 No. 223-FZ (hereinafter - 223-FZ).
However, even in the case of action within the framework of 223-FZ, a request for a commercial proposal is mandatory and is drawn up using the same form as under 44-FZ, which emphasizes the standardization of document flow processes within the framework of public procurement.
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