Deadline for providing clarifications of auction documentation. The procedure, start and end dates for providing auction participants with explanations of the provisions of the auction documentation. II. submitting an application and holding an auction

ARBITRATION COURT OF THE NOVGOROD REGION

Bolshaya Moskovskaya street, building 73, Velikiy Novgorod, 173020

http://novgorod.arbitr.ru

In the name Russian Federation

SOLUTION

Velikiy Novgorod

Case No. A44-9337/2015

The operative part of the decision was announced on January 25, 2016. Full text solutions made on February 1, 2016.

Arbitration Court of the Novgorod Region, composed of judge A.V. Drachena,

when keeping the minutes of the court session by assistant judge D.V. Limantseva,

having considered the case at the request of the Department of Property Relations and Public Procurement of the Novgorod Region (TIN 5321026264, OGRN 1025300805254)

to the Office of the Federal Antimonopoly Service for the Novgorod Region (TIN 5321047553, OGRN 1025300795552)

third parties:

Department of Health of the Novgorod Region,

Limited Liability Company "RTS-Tender"

Limited Liability Company "Pharmacevt"

Limited Liability Company "Diamir"

on declaring illegal paragraphs 2 and 4 of the decision of 05.10.2015 No. 5560/03

starring:

from the applicant - representatives Kupriyanov A.G. - by power of attorney dated December 14, 2015, Ignatieva N.A. - by power of attorney dated December 14, 2015

from the defendant - representative Kurikov I.A. – by power of attorney dated January 18, 2016

from the Department of Health of the Novgorod Region - representative Nikonorov A.V. – by power of attorney dated January 18, 2016 (before the break)

from RTS-Tender LLC - the representative did not appear, was notified, notification No. 29187,

from Pharmacist LLC - the representative did not appear, was notified, notification No. 29188,

from Diamir LLC - the representative did not appear, was notified, notification No. 29189.

installed:

The Department of Property Relations and Public Procurement of the Novgorod Region (hereinafter referred to as the applicant, the Department) applied to the arbitration court with an application to recognize the decision of the Office of the Federal Antimonopoly Service for the Novgorod Region (hereinafter referred to as the defendant, Novgorod OFAS Russia) No. 5560/03 dated 10/05/2015 years in terms of paragraphs 2 and 4 illegal.

In support of the requirements, the applicant indicated that he considered it illegal to establish in the contested part of the decision the fact of a violation of paragraph 11 of part 1 of Art. 64 of the Federal Law of 04/05/2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the Contract System).

According to clause 11, part 1, article 64 of the Law on the Contract System, the procurement documentation must contain the procedure, start and end dates for providing auction participants with explanations of the provisions of the auction documentation.

In clause 12.3 of the Auction Documentation posted by the applicant, there was a calendar date for the end of the period for providing explanations to auction participants - 09/06/2015. This date complies with the requirements of clause 3 of Article 2 of the Federal Law of 06/03/2011 No. 107-FZ “On Calculation time."

The auction documentation does not contain any other dates.

Based on h.h. 2, 3 tbsp. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) government agencies, local government bodies, other bodies, organizations vested by federal law with certain state or other public powers, officials > Article 201. Arbitration court decision in a case challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials persons" target="_blank">201 of the Arbitration Procedure Code of the Russian Federation, in order to recognize the decision of bodies exercising public powers as illegal, two conditions must be met:

Inconsistency of such a decision with the law or other regulatory legal act;

Violation of the rights and legitimate interests of the applicant in the field of business and other economic activities.

The commission of the Novgorod OFAS Russia, when considering the results of the unscheduled inspection, took into account the fact that there was no violation of the rights of procurement participants and decided not to issue orders to eliminate the violation. In fact, the decision stated a violation of the principles of openness and transparency in procurement and, as a consequence, clause 11, part 1, article 64 of the Law on the Contract System.

The identified principles oblige the authorized body to carefully consider all published information about the procurement, avoiding ambiguity in the interpretation of any of its provisions. Consequently, the contested decision is aimed at eliminating such situations and does not infringe on the activities of the Department regulated by law, nor does it create any obstacles to its implementation.

Decision to transfer the materials of the Complaint and unscheduled inspection to the authorized official of the Novgorod OFAS Russia to consider the issue of initiating a case for an administrative offense in accordance with the Code of the Russian Federation on Administrative Offenses against an official authorized body– Department of Property Relations and Public Procurement of the Novgorod Region (clause 4) was adopted on the basis of clause 1, part 22 of Art. 99, part 8 of article 106 of the Law on the contract system.

At the same time, an assessment of the sufficiency of data indicating the presence of an offense in the actions of the applicant’s officials, all the circumstances of the offense, the degree of guilt of specific officials, its presence will be given when considering the issue of initiating a case for an administrative offense in accordance with the Code of Administrative Offenses of the Russian Federation.

Based on the above, the decision of the Novgorod OFAS Russia dated October 5, 2015 No. 5560/03 in the contested part does not contradict the Law on the Contract System and does not violate the rights of the applicant.

The stated demands should be refused.

Guided by the articles - Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 200. Trial in cases of challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">200, Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local self-government bodies, other bodies, organizations vested by federal law with certain state or other public powers, officials > Article 201. Arbitration court decision on case on challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">201 of the Arbitration Procedural Code of the Russian Federation, arbitration court

DECIDED:

The application of the Department of Property Relations and Public Procurement of the Novgorod Region shall be refused.

An appeal against the decision may be filed with the Fourteenth Arbitration Court of Appeal through the Arbitration Court of the Novgorod Region within a month from the date of the decision. A decision that has entered into legal force after its appeal can be appealed to the Arbitration Court of the North-Western District through the Arbitration Court of the Novgorod Region within two months from the date the decision entered into legal force.

Participants in electronic auctions held in accordance with Law No. 44-FZ often encounter incomprehensible points in the customer’s documentation. This is typical for those suppliers and contractors who are just beginning to master working with government orders. In addition, sometimes errors and inaccuracies creep into documents. In such cases, you can contact the customer for appropriate clarification. The legislation provides for a certain procedure and deadline for such a request (Article 65 of Law No. 44-FZ), as well as the responsibility of the customer for refusal or violation of the terms of its publication.

Let's consider the most FAQ procurement participants regarding clarifications auction documentation.

Who can ask for clarification and when?

Any person accredited on the electronic platform on which the procurement is carried out can apply for clarification of complex aspects of the auction documentation. This can be done no later than 3 days before the deadline for submitting applications for participation. In this case, the very fact of submitting or not submitting an application on the part of the supplier who asked for clarification does not matter. In other words, the customer must clarify the auction documentation upon request from participants, both those who have submitted and those who have not submitted applications to participate.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register ( Single register procurement participants) on the portal UIS (Unified Information System) in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

How to contact the customer?

Contact occurs through the electronic interface trading platform. The participant simply sends a message to the customer asking for clarification certain moments auction documentation. Within an hour, the question is sent by the ETP system directly to the customer.

Please note that within the framework of one auction, a participant can apply for clarification of documentation no more than three times.

When and in what form should the customer respond?

The customer has 2 days to clarify the documentation. Please note that if the last day of the customer's response period falls on a weekend, it will be extended to the next business day.

The supplier also receives a response via the interface electronic platform. As for its form, it is not clearly regulated. The main condition is that the customer’s explanations should not change the essence of the auction documentation.

Can other participants see the answer?

Communication between the parties through the ETP is private, that is, the remaining procurement participants initially do not see either the supplier’s question or the customer’s answer. However, when clarifications are provided, they are published on the ETP and in the EIS. This is done to prevent other participants from sending similar requests to the customer again. However, information about the supplier who requested clarification is not disclosed.

What does the customer face for failure to provide clarifications?

Firstly, the participant can complain to the FAS that the customer did not provide him with an explanation or did so in violation of the deadlines. If the antimonopoly service recognizes that the participant is right, the auction procedure or results may be canceled.

Secondly, part 1.3 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation provides for a fine of 30 thousand rubles for an organization and 15 thousand rubles for an individual for these offenses.

What questions do participants ask most often?

Most often, participants clarify the characteristics of the procurement object. For example, physical parameters, quantity, etc. This happens when the customer indicates these characteristics vaguely in the documentation. There are often requests regarding excessively voluminous or complex format documentation. In addition, requests from suppliers and contractors often indicate inaccuracies or irregularities in customer documents. Most often, these are indications of incorrect characteristics of the purchased product, its non-compliance with standards, as well as violation of procurement rules, for example, the object’s non-compliance with the auction procedure.

Requesting clarification of documentation provisions is a procedure that any supplier should understand. In government procurement practice, situations are possible when a potential procurement participant has questions about the procurement procedure or technical specifications. By correctly completing and submitting a request for clarification within the regulated time frame, the participant can clarify all the necessary questions, and in some cases, convince the customer to make changes to the documentation. In this article we will consider all the nuances of submitting a request for clarification.

1. Request for clarification: what is it and in what cases does it apply?

When studying procurement documentation, the supplier may have questions that require clarification from the customer. To clarify a controversial point, the supplier must prepare a request for clarification in writing and send it to the customer. In this case, the customer is obliged to answer the potential supplier’s questions, provided, of course, that the request for clarification is drawn up in the form and sent to the customer on time.

It should be noted that in some cases it is advisable to ask a procurement question orally, for example, if the question is simple and most likely the customer will be able to answer it immediately. Also, it makes sense to ask the customer a question orally if the supplier understands that the official deadline for submitting clarifications has passed or there is no time left to receive clarifications in writing.

Please note: The Customer is not obliged to respond to a request for clarification of documentation if the request is made orally by the supplier or later than the deadline established for submitting such clarification.

In some cases, customers respond to a request for clarification that is voiced over the phone and, moreover, sometimes customers themselves ask for clarifications not to be sent in writing, since in this case the customer is not obliged to prepare a written response and post clarifications in. In this case, the time for preparing responses to customer requests is significantly reduced.

There may be several reasons for submitting a request for clarification:

• ambiguous information and requirements in the documentation that are specified in the documentation;
• incorrect information in the documentation (for example, in the technical part);
• documentation requirements limiting competition

If the documentation establishes requirements that limit competition, the participant sends a request for clarification in order to obtain an official response from the customer. If the violation of the law is obvious and it is problematic for the customer to justify its position, then most often the customer makes changes to the procurement documentation, thereby bringing it into compliance with the requirements of the law.

2. Submitting a request for clarification

The process for submitting a request for clarification is as follows.

Stage No. 1. Studying procurement documentation for inaccuracies, controversial issues, and violations of law

Stage No. 2. Filling out a request for clarification form (if the customer has provided such a form in the documentation)

Stage No. 3. The clarification request form is signed by an authorized person (company director or person authorized by power of attorney) and then scanned. If a request is submitted for an auction, the request is submitted through the ETP functionality. The request can be sent in text form via special form to the ETP posted in the auction notice (scan to in this case request is not necessary).

Stage No. 4. Directly submitting a request for clarification to the customer (to the customer’s email specified in the notice or through the ETP functionality). The request can also be submitted in paper form to the customer’s address.

3. Response to request for clarification

The customer prepares a response to a request for clarification of documentation within a specified period of time and in writing. The customer must post a prepared response to a request for clarification of documentation in . If necessary, the customer also makes changes to the procurement documentation, places them in the Unified Information System and, if necessary, adjusts the deadlines for receiving documents.

It should be noted that when conducting closed procedures, the customer is obliged to provide an explanation only to those procurement participants who can participate in the procedure, and the customer must also provide all such participants with information about changes in the procurement documentation.

If the Customer is required by law to provide a response to a request for clarification of documentation and does not do so, the supplier may file a complaint with the FAS.

4. Request for clarification of auction documentation

A request for clarification has a number of features; let’s consider these features in more detail.

Firstly, submission of a request for clarification of auction documentation is carried out in in electronic format, through ETP. Schematically, it looks like this: the supplier sends a request to , the operator processes the request (removes the supplier’s contract data, if necessary) and redirects the request to the customer through the ETP

Secondly, contact details of the supplier making the request are not disclosed

Third, The customer publishes the response to the request on the electronic platform in electronic form

Fourthly, one participant can submit no more than three requests at the auction

The advantages in this case are obvious. The customer does not know from which supplier the request for clarification of the auction documentation was received, thereby maintaining the anonymity of the supplier. And the customer does not have information even before the start of the auction which of the suppliers is interested in purchasing. This reduces corruption risks in procurement.

In addition, submitting a request electronically is much simpler, more convenient for the supplier than submitting a request on paper, and less time consuming.

Please note: To submit a request for clarification of auction documentation, you must be accredited at the site where the procedure is located.

5. Request for clarification of tender documentation

In order to submit a request for clarification, you must fill out a request form if the customer has provided such a form in the procurement documentation. Next, the form must be prepared accordingly on the organization’s letterhead and signed by an authorized person. The request is then either scanned and sent via e-mail the customer, or sent in paper form by courier or postal service. In some cases, it is recommended to combine these methods, since mailing may be delivered later than required. The participant can also duplicate his request for clarification of the competition documentation by fax.

If the customer in the tender documentation does not provide a form for requesting clarification of the documentation.

6. Request for clarification on 44 Federal Law deadlines

We will analyze the regulated deadlines allotted in accordance with 44-FZ for submitting a request for clarification and generating a response by the customer.

If the supplier submits a request for clarification for the auction, the supplier may submit the request starting from the moment the customer publishes the notice of the auction, and the request must be made no later than three days before the deadline for accepting applications for the auction. As a rule, if the deadline for submitting clarifications is expired by the supplier, then the supplier will not have the technical ability to send such a request through the ETP functionality. But even if the supplier sends such a request after the regulated period, the customer has the right not to respond to the request.

The Customer has two calendar days to prepare a response to the supplier’s request. At the same time, if deadline the answer falls on a weekend, then in accordance with the Civil Code, Art. 193, and also in accordance with the clarifications of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882, the customer must post a response to the request on the next business day.

If submitting a request for competition, the supplier must submit such a request in advance and note that the supplier must submit the request no later than five days before the deadline for submitting applications. The customer prepares a response within two working days and places it in the Unified information system.

If a request for an electronic auction is submitted in the form of an electronic document, then for an open tender the request is sent in writing. The form of the request for the competition is not regulated, which means it can be submitted on the organization’s letterhead.

Such a request is sent in advance, but it must be taken into account that it must reach the customer no later than 5 days before the deadline for submitting applications. If it is possible to personally hand over the envelope with the request to the responsible person of the customer, it will be more reliable.

A request for clarification is a tool that the supplier must be able to use, and if there are controversial requirements in the documentation, it is imperative to send a request for clarification to the customer. Thus, the supplier will be able to clarify controversial issues with the customer, which will be taken into account when preparing the application. In case of obvious violations in the procurement, a competently drawn up request for clarification from the supplier may force the customer to make adjustments to the procurement documentation.

• On 07/16/2018
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• 44-FZ, EIS, Request for quotations, Competition, NMCC, Procurement procedure, Electronic signature, Electronic auction, ETP

If the supplier has questions regarding the procurement documentation, he can contact the customer for clarification. This often happens to newcomers to public procurement, but is not uncommon for experienced participants. Law 44-FZ contains provisions on such a request, as well as on the customer’s reaction to it. In addition, this must be stated in the procurement documentation.

Who and when can send a request to the customer

Queries operate in two types of procedures:

1. In all types competitions- open, closed, with limited participation, two-stage and electronic.
2. IN auctions, including closed ones.

You can also contact for clarification request for quotations, but only in relation to the results of the evaluation of applications.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Any person who is registered in the UIS and accredited to the ETP can make a request regarding auction documentation. As for the competition, any participant can submit a request for clarification. But the customer can also respond to a request sent by another person, although he is not obliged to do so.

Each participant can contact the customer for clarification no more than 3 times.

Procedure and terms

Requests for clarification under 44-FZ must be submitted within a certain period, which depends on the type of procedure. Requests for auction documentation must be submitted no later than in 3 days before the end of applications. Regarding competitions, the request should be submitted no later than in 5 days before the application deadline expires.

The customer must respond within 2 days Moreover, it must not only be sent to the applicant, but also placed in the Unified Information System, that is, be accessible to all interested parties. Granted for publication 1 day.

Customers often ask what to do if the deadline for a response falls on the weekend? Is it possible in this case to postpone the answer to the beginning of the work week? Unfortunately for customers, the answer is no - 44-FZ does not provide for postponement of deadlines in this case. Moreover, it is worth taking into account the time zone, because the EIS operates according to Moscow time.

In order not to break the law because of such moments, experts recommend assigning a separate employee who will monitor incoming requests and prepare responses during non-working hours.

Request form

The Public Procurement Law does not regulate the exact form of the request, so you can write freely. It is advisable to include in the request such information:

• a list of provisions that are not clear and a list of questions;
• applicant's requirements;
• links to regulations.

In addition, the request needs title so that the customer clearly understands what we are talking about.

If the request is submitted at the site, it must be signed by the EPC.

What should be in the answer

The customer must give a substantive answer - formal replies will not work. Any unclear provisions must be clarified. If the applicant's comments are justified, the customer will have to make changes to procurement documentation. If the potential participant simply clarified something, then no changes will be required.

When the request does not entail changes to the documentation, the customer must simply publish an explanation in the Unified Information System. If amendments are made to the documents, then an explanation and amended documentation must be placed in the UIS. In this case, the applicant should be additionally notified of the changes.

If we are talking about closed procedures, then the response must be sent to the participant in writing.

What to write in the explanation

Practice shows that requests for clarification are most often submitted in relation to unclear wording, clarification of GOSTs and other regulations, characteristics of the procurement object, and so on. In this case, these parameters should be explained.

The customer should be aware that if it is necessary to make changes to the documentation, in any case it is impossible change the procurement object And increase the size of the application security.

The customer gives the answer in any form, since no special form is provided. It is important to understand that the explanation should not change the essence of the documentation. In this case, it is necessary to answer each question of the applicant.

The explanation has been given - what next?

If the procurement documentation did not have to be changed, the procedure continues as usual. If the documentation has changed, the law requires extend the application deadline. It depends on the purchase price:

• for NMTsK less than 3 million rubles, participants must have at least 7 days to submit applications after last change documentation;
• for NMCC of more than 3 million rubles, participants must have at least 15 days.

If the customer does not respond

The customer is obliged to respond within the specified time frame. If a request is submitted on time but there is no response, the participant may file a complaint. If a violation is found fine for an official will be 15,000 rubles, for organization - 50,000 rubles.

At the same time, imposing a fine in no way means that everything will be limited to this. Supervisory authorities may issue orders regarding the procurement up to and including its cancellation.

In the case of an electronic auction, the customer places documentation about such an auction in the unified information system within the time limits specified in parts 2 and 3 of Article 63 of this Federal Law, simultaneously with the placement of a notice of such an auction. 2. Documentation about electronic auction must be available for review without charging a fee. ConsultantPlus: note. From July 1, 2018 Federal law dated December 31, 2017 N 504-FZ, Part 3 of Article 65 is amended. See the text in a future edition. 3. Any participant in an electronic auction who has received accreditation on an electronic platform has the right to send to the address of the electronic platform where such an auction is planned to be held, a request for clarification of the provisions of the documentation about such an auction.

Response to a request for clarification on Federal Law 44

Both when conducting an electronic auction and when conducting an open tender, the customer is obliged to place in the Unified Information System (UIS) explanations of the provisions of the procurement documentation that do not change its essence, indicating the subject of the appeal, but without indicating the name and details of the participant who asked the question. Violation of the procedure for providing responses to correctly submitted requests may result in administrative liability. Deadlines for responding to a request for clarification The start date for providing a response is the day following the day the request was received (part.

4 tbsp. 65 Federal Law No. 44-FZ). The response period for clarifications of auction documentation is within two days from the date of receipt of the request. IN specified period time, the customer also posts the response in the Unified Information System.

How to submit a request for clarification under 44-FZ

If a request for an electronic auction is submitted in the form of an electronic document, then for an open tender the request is sent in writing. The form of the request for the competition is not regulated, which means it can be submitted on the organization’s letterhead. Such a request is sent in advance, but it must be taken into account that it must reach the customer no later than 5 days before the deadline for submitting applications.

If it is possible to personally hand over the envelope with the request to the responsible person of the customer, it will be more reliable. A request for clarification is a tool that the supplier must be able to use, and if there are controversial requirements in the documentation, it is imperative to send a request for clarification to the customer. Thus, the supplier will be able to clarify controversial issues with the customer, which will be taken into account when preparing the application.

Request for clarification on 44-FZ: preparation, submission deadlines + sample request and response

• Errors or typos in the documentation (technical specifications);
• Violation of legal norms;
• Lack of any information and documents (estimates, instructions for filling out an application, etc.);
• Excessive requirements for goods, works, services;
• Vague requirements for goods, works, services;
• Documentation format;
• Indication by the Customer of requirements limiting competition, etc.

The main reasons for filing requests for clarification of the results of procurements include:

• Wrongful rejection of a participant's application;
• Failure to indicate the reasons for rejecting the participant’s application;
• Technical failures, inability to submit a price proposal on the electronic platform during the electronic auction;
• Mathematical errors in calculating application evaluation criteria.

How to submit a request for clarification of auction documentation

Attention

If your question is received by the Customer later deadline, then the Customer is not obliged to answer it. Tip No. 6 - If filing an official request 44-FZ is not provided, and the documentation contains violations, send a complaint to the FAS As we have already talked to you above in this article, submitting requests for clarification of the provisions of the documentation when conducting a request for quotations and a request for proposals 44- There is no federal law. Therefore, if the information on these procurements contains violations or the Customer has established requirements that limit competition, then it is necessary to send a complaint to the FAS.

Request for clarification of auction documentation

But even if the supplier sends such a request after the regulated period, the customer has the right not to respond to the request. The Customer has two calendar days to prepare a response to the supplier’s request. Moreover, if the deadline for a response falls on a weekend, then in accordance with the Civil Code, Art.

193, and also in accordance with the explanations

Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2882, the customer must post a response to the request on the next business day. If submitting a request for competition, the supplier must submit such a request in advance and note that the supplier must submit the request no later than five days before the deadline for submitting applications. The customer prepares a response within two working days and places it in the Unified Information System.

Within 2 working days from the date of receipt of this request, the Customer is obliged to provide the specified participant with relevant explanations in writing or in the form of an electronic document. And here you will probably ask the question: “What to do in a situation where the documentation requires clarification, but you do not have the opportunity to submit an official request?” Yes, you cannot send an official request, but you can call the person responsible for the procurement. His contacts are indicated in the notice posted on the EIS website.

The main thing to remember is that, according to Article 46 of 44-FZ, negotiations with the Customer and members of the procurement commission are prohibited. Accordingly, the Customer is not obligated to answer your questions over the phone.

How to write clarifications on 44 ap documentation

If the violation of the law is obvious and it is problematic for the customer to justify its position, then most often the customer makes changes to the procurement documentation, thereby bringing it into compliance with the requirements of the law. 2. Submitting a request for clarification The procedure for submitting a request for clarification is as follows. Stage No. 1. Studying procurement documentation for inaccuracies, controversial issues, and violations of legislation Stage No. 2. Filling out the clarification request form (if the customer has provided such a form in the documentation) Stage No. 3. The clarification request form is signed by an authorized person (company director or person authorized by power of attorney) and then scanned. If a request is submitted for an auction, the request is submitted through the ETP functionality.

How to write clarifications on the documentation of 44 Federal Laws

Deadlines for submitting requests for clarification when participating in a request for quotations and a request for proposals. I would like to note right away that requests for clarification of the provisions of the documentation on the request for proposals and for clarification of the results of this procurement are not provided for by 44-FZ. Also, within the framework of 44-FZ, there is no possibility of submitting requests for clarification of the provisions of the documentation on the request for quotation, since the request for quotation does not provide for the placement of full procurement documentation in the Unified Information System. Participants in the request for quotation have only the opportunity to submit a request for clarification of the results of the consideration and evaluation of applications for participation in the request for quotation after posting the corresponding protocol for the consideration and evaluation of applications in the Unified Information System.

Such a request can be sent by the participant, either in writing or in the form of an electronic document (Part 10, Article 78 of 44-FZ).
For example, a request for auction documentation must satisfy the following requirements:

• entered through the ETP from a participant accredited on the site;
• received no later than three days before the deadline for submitting applications for participation in the auction;
• the total number of requests from one participant within this tender did not exceed three.

The customer must send a response to an appeal regarding the provisions of the tender documents in writing or in the form of an electronic document if the said appeal was received by him no later than five days before the deadline for submitting applications for participation in an open competition.
Since, within the framework of 223-FZ, each Customer must have its own Procurement Regulations, within the framework of which it conducts its purchases, the deadlines for submitting requests and the deadlines for responding to them can be set for each Customer. The Customer can also approve own form such a request and possible options his submission. However, in most cases, Customers working within the framework of 223-FZ stipulate in their Regulations the same terms as in 44-FZ. That's all for me today. If you still have questions, ask them below in the comments to this article, and also share your experience of submitting requests for clarification of the provisions of the documentation and the results of procurements.
In this case, a participant in such an auction has the right to send no more than three requests for clarification of the provisions of this documentation in relation to one such auction. Within one hour from the receipt of the specified request, it is sent by the operator of the electronic platform to the customer. 4. Within two days from the date of receipt from the operator of the electronic site of the request specified in Part 3 of this article, the customer places in the unified information system an explanation of the provisions of the documentation on the electronic auction, indicating the subject of the request, but without indicating the participant in such an auction from which the specified request was received, provided that the specified request was received by the customer no later than three days before the deadline for filing applications for participation in such an auction.
5. Explanations of the provisions of the electronic auction documentation should not change its essence. ConsultantPlus: note.