Ministry of Finance: the price offer of the participant of the electronic request for quotations under Federal Law No. 44 may be below zero
According to experts of the Ministry of Finance of the Russian Federation, when conducting an electronic request for quotations, the participant has the right to indicate in the application a price offer providing for a reduction in the contract price (the sum of the prices of units of goods, work, services) below zero. In this case, based on the results of the request for quotations, the amount of the fee that the participant pays for the conclusion of the contract is determined. This amount is indicated as the contract price in accordance with subparagraph "d" of paragraph 1 of part 2 of Article 51 of Federal Law No. 44.
The conclusion of the representatives of the department is based on the fact that the provisions of subparagraph "d" of paragraph 5 of part 6 of Article 43 and Article 50 of Federal Law No. 44 do not prohibit the participant of the electronic request for quotations to indicate in the application a price offer that is below zero.
Document: Letter of the Ministry of Finance of the Russian Federation dated April 27, 2023 N 24-06-07/38722