What do you need to participate in public procurement tenders. How to take part in the tender: requirements for participants and required documents. Sberbank-AST sells

The term itself does not fully reflect the essence of domestic business practice. Firstly, it never appears in the documents regulating relations between the parties, and secondly, the procedure for conducting is sometimes somewhat similar to.

To begin with, it is necessary to clarify that the concept of a tender is absent in the legislation, this process is called a competition, bidding, auction. But the main feature is the same for all these designations. On the basis of the conducted auctions (tenders), an agreement is concluded between the seller and the buyer, but the first party here is the one who won in a kind of competition with other participants. In fact, here several sellers are fighting for one contract, the terms of which are formed by the buyer.

The practice of doing business between entities of various formats (public and private) is necessarily transferred to a competitive basis. The same principle is often used by commercial organizations that are looking for profitable offers from suppliers.

How does the tender work?

So, by and large, we do not have tenders. Everyone who practices this sales format participates in contests, auctions, auctions... But whatever you call it, there are a number of characteristic features that distinguish this version of the business relationship from others:

the buyer declares his conditions in a rigid form;
compete for a contract;
the whole process is carried out in accordance with a certain procedure.

An entrepreneur should deal with tenders, if only because they provide an opportunity to get new customers. And this may not only be of interest to those who focus on buyers financed from the budget. Many commercial organizations and companies find suppliers through tenders.

Why arrange tenders? Actually, the desire to take the maximum from the supplier on the part of the buyer and the regulation of the entire procedure are combined here. State structures arrange competitions and auctions because it is required by law. This format assumes that they will save budget money by finding the cheapest and most profitable supplier in this way. The same is true for commercial organizations.

And here it is worth understanding that the seller who wins the tender will not always be in an advantageous position. This is based on several points:

It is necessary to offer the lowest price among the participants, perhaps even unreasonably low.
The terms of the contract will have to be fulfilled even when it is economically unprofitable for the supplier or contractor. For example, in the event of an increase in the cost of materials, components, energy carriers, and the like, associated with inflationary processes or an increase in the exchange rate, the final product will have to be sold to the contract holder at the cost established by the tender. Sometimes even to their own detriment.
To win the tender, long-term preparation and the most strict observance of the established rules for paperwork are required. In addition, the very process of working on the sites where competitions are held has a number of nuances, and in order to fully comply with them, an entrepreneur needs to make certain expenses, for example, to purchase an electronic signature.

Advice: when starting to work with tenders, do not immediately try to go for large and long-term deals, this is a completely different level than an opportunity. Do not forget that the refusal of the contract or its failure to perform in full may entail unpleasant consequences in the form of compensation to the buyer, compensation for damages or lost profits, entering the supplier into the register of dishonest and the like.

Types of tenders and their classification

Once again, it is worth emphasizing that for domestic business, the term tender combines purchases organized according to a certain procedure on a competitive basis. That is, it is conditional. Other names are legally fixed.

Tenders have their own gradation adopted in domestic business:

Competitions differ in the composition of participants:
- municipal (state), where the customer is a budgetary organization, and budgetary funds will be used for procurement;
- commercial, where the acquisition is carried out at the expense of the company's own money or attracted by it.

There are types of tenders according to the form of procurement:
- The competition is held in the case of complex and expensive contracts, for example, in science-intensive projects, construction, IT, defense sectors. It can have several stages, open and closed format, and also be non-competitive.
- Request for quotation or competition of price lists. A feature of this technique can be called a small purchase amount, as a rule, up to half a million rubles.
- auction or electronic trading. The format is used by all market participants with the status of a municipal or state customer. All electronic auctions are held on special platforms selected by the government of the Russian Federation. Legislative support - Law 94-FZ.

Advice: an entrepreneur (potential supplier) must begin his participation in tenders with a careful and detailed study of this particular Law - 94-FZ. Also, do not forget about Law 223-FZ, which regulates the procurement of individual legal entities. The documents themselves are quite difficult to understand, they will have to be studied and re-read ten times in order to fully understand the details. However, without this stage, it is not safe to start working as a seller on electronic platforms, there are risks not only to waste time, but also to bring trouble on yourself and your company.

It should also be noted that there are special situations in this area. There are many myths around this delivery format that there is a serious corruption component here. It is impossible to completely deny such a possibility, and it is pointless. Often tenders really become a tool for contractual transactions. Rather, their purpose is to exclude elements of corruption from practice, but it is present, and it is impossible not to recognize it.

"Symptoms" of negotiated tenders - how to distinguish such proposals?

Here it is necessary to take into account one feature of that part of the domestic business, where budget organizations. All their activities have been transferred to the rails of procurement, squeezed into the strict framework of the procedure. Any of the bidders can win the contract, who correctly completes the application and documents, as well as offers the lowest price.

But what about other components? For example, the ability and ability of the supplier to respond to urgent wishes of the buyer in terms of timing, flexibility, and some other nuances of deliveries? Very often, a buyer who has already worked with a certain supplier wants the contract to go to him. After all, it has already been tested by time, it is fully suitable in all respects ... And in a situation with a tender, this is absolutely not necessary. You may have to conclude an agreement with some unknown (for the customer) organization, which is still a dark horse, and working with it will not always be comfortable. That is, winning a tender based on a price platform does not give a guarantee to the buyer of its performance in other parts. In addition, he does not have confidence that the supplier will be able to fully comply with the conditions preferred by the customer.

That is why in practice there are such contractual tenders, when the buyer, with all the truth and cunningly affixed commas, creates such formal conditions that purposefully make it difficult for other participants to obtain a contract that they did not receive approval in advance. And such an approach does not always indicate corruption, that is, roughly speaking, bribes, kickbacks, and the like. Although it is also not worth participating in such a tender, unless your company is the one that received the preliminary “go-ahead”.

So, how can you recognize a tender where the parties have already come to an agreement, and its very holding is a formality?

5 components of "contractual" tenders

It should be noted that this approach is almost uncharacteristic for commercial structures. The companies' own money is involved there, the control is much tighter, the goals are purely to find a profitable supplier, and the approach to the procedure is much more flexible. That is, the business does not have the "obligation" to hold tenders, expediency and efficiency work here. Although there are a number of cases when hired employees of commercial structures were very interested in gratitude from suppliers for "help" in concluding contracts, and, conversely, performers got into unpleasant situations with unscrupulous customers, having worked out part of the contract and did not receive payment for goods or services.

Advice: having received an invitation to tender from commercial organization carefully check the business reputation of the customer.

Public procurement is more susceptible to such disease as contractual tenders. Their signs:

fuzzy, unclearly spelled out, extremely confusing, contradictory in parts of the conditions of the terms of reference;
short, obviously unrealistic deadlines (every entrepreneur who knows his field can determine where the time frame is at the limit of possibilities, and where is beyond);
inflated contract value combined with strange detailing of requirements for the supplier;
the condition that the already completed part of the work be attached to the application;
the tender history of the customer consists of contracts with a very limited number of companies.

All of these are signs that the buyer is using a technique to scare away "left" suppliers. In some cases, the tender is held "for show", the contractor has been working on the project for a long time. To fight for such contracts is at a loss, an extra headache, time and money costs. No, of course, you can appeal the results of the tender by submitting an appropriate application to the Federal Antimonopoly Service. But it is worth doing this only if the company has already built up “muscle mass”, it has experience in this kind of auction, competent specialists in the state who can prove you are right.

Although you need to understand that the widespread opinion about the mass character of contractual tenders is a myth. The vast majority of applications from customers on the sites for electronic trading do not have a corruption component, and participation in them is much less risky than investing in.

If you want to start making money on public procurement, then you will need to go through the preliminary stage of preparation for this. Moreover, it is quite complex and time-consuming.

How to work with tenders for dummies - step by step instructions

Once again, it must be stated that commercial structures act a little differently when choosing a supplier on a competitive basis than state ones. The former develop the procedure on their own, they are not limited by strict limits, they can involve those who are familiar to them or are of interest, or they can announce an open competition in the media or on specialized Internet sites.

State or municipal organizations act within the framework of the legally prescribed procedure. Therefore, in order to become a bidder, an entrepreneur must:

study Law 94-FZ, namely the procedure for selecting a supplier prescribed in it, which sets out the rules for a tenderer;
select an ETP from five selected by the Russian government (for electronic public procurement auctions);
get digital signature(the certification center issuing the EDS must be one of those accredited at the selected site);
install the necessary software;
pass accreditation at the ETP to participate in the tender;
take part in electronic auctions;
sign a contract when winning.

Actually, the algorithm itself is not so complicated, if this is not the first time. There are several nuances that you need to pay attention to:

Unfortunately, universal digital signatures have not yet been invented. Therefore, it will not be possible to use the tax certificate issued for participation in the tender, you will have to get another one.
When choosing a platform for electronic auctions, you need to pay attention to its specialization and working conditions.
Each of the 5 selected sites has detailed instructions and user manuals. They are written in detail, even too much. Do not neglect their careful study before starting work on any of the ETP.
The key to successful work can be such a banal thing as paperwork. A good source of information and obtaining the necessary skills can be the competitive documentation of competing organizations.
As a rule, in all electronic auctions there is a principle of ensuring intentions, that is, a monetary pledge. It is calculated as a small percentage of the transaction amount, but nevertheless, like participation in the tender costs money. Although this is a refundable amount, however, with large contracts, the supplier company may not have enough own money, and even “freeze” working capital happens to be inappropriate. Therefore, it is worth either taking care of having a reserve, or a bank guarantee that can be used for these purposes.

How to participate in construction tenders?

Passing algorithm preparatory phase already described above. There are practically no differences for the construction industry. There are only a number of nuances that a novice firm needs to take into account in tenders:

The mere participation in tenders, even without winnings, will help the company to declare itself, they can pay attention to it, this will increase its status.
When preparing an application, special attention should be paid not only to the essence of the offer (bidder's proposal), but also to its justification, which is contained in the information about the company. This may be a description of special equipment, applied technologies, presentation of similar facilities put into operation, feedback from existing customers, and the like.
As a rule, construction tenders are held in two stages. The first is the announcement of the beginning of the competition and information about the proposed project, the second is the analysis of submitted applications and the selection of the winner. With a closed bidding format, you can become a participant only by invitation from the customer. It is worth considering that the sent entrance ticket does not always mean that the company is a welcome guest. If the deadlines for filing an application and preparing documentation are very tight, then this should definitely lead to the idea that everything has already been agreed with another contractor, who they want to see as the second party to sign the contract. Your participation is necessary for formal compliance with the procedure.
Today, this format is becoming more widespread in the construction of small and small facilities, private housing. That is, almost all building sector. A number of experts believe that this will improve the quality of work in general and translate into new level the whole sphere. In fact, competitions or auctions are the future.

In contact with

Tenders have recently become widespread. This is because it gives you the opportunity to get a good order and at the same time increase your reputation by showing everything that each bidder is capable of. Participation in tenders gives the winner the opportunity to successfully continue his career. To become this winner, the first thing to do is to decide to participate in tenders. It makes no sense to participate in contests from time to time - either constantly or never at all. Therefore, you should consider in detail what is needed for.

What is required to participate in tenders?

Experts advise practicing "on cats" - these are small trades, victory or defeat in which will help you gain experience and gain the necessary skills for larger orders.

In cases where tender proposals are accepted only in writing, one should be wary: perhaps the winner has already been determined. Try to talk to one of the organizers of the competition, asking him all the questions that interest you. In general, a conversation with one of the organizers should do you good, especially if you manage to win over or interest this person, you will have a better chance of winning.

Terms of participation in the tender

To the question of what is needed to participate in tenders, the main answer is the conditions that customers usually set. In general, these conditions are specified by the customer, so it is difficult to predict them. But the mandatory is the presence of a competitive application.

The tender process can be divided into several stages.

When the commission holds its first meeting, envelopes with documents are opened at it, they are checked and a conclusion is prepared.
After that, the proposals specified in the applications are discussed.
The winner is determined by voting.

Required Documentation

There is no definite set list of required documents, although there is a set of the most typical ones for many tenders. It is difficult to predict additional documentation, since it depends on the organizing company itself, on the type of tender and on its classification (medical, construction). It all depends on which documents, in the opinion of the organizers, are able to communicate more about the qualifications of the applicant and his compliance with the competitive conditions. The entire list of documents is listed in .

If a public tender is held, the documentation required for its conduct can be found in federal law No. 44 "On placing orders":

Description of the documents attached to the application.
Application certified by the head of the enterprise.
Copies constituent documents the charter of the legal entity.
Copies of notarial TIN and certificates of state registration.
A copy of the order on the assignment of duties to the chief accountant.
Application accompanied by presentations of the firm's experience in contracting.
Extract from ERGUL with a limitation period of at least 15 days.
Certificate that there is no tax debt.
Financial statements of the company for the previous three periods, which must be certified by the tax inspector.

Documents are very, very important. However, the winner is not chosen according to the documents. If you pay too much attention to documents, you may not have time to prepare an offer at the proper level, if you give up on documents, you may not pass the pre-selection. So here it is important to find a middle ground.

If you are not a professional, making a mistake in documents is easy. In this case, only tender support will help.

So, considering what you need to participate in the auction, let's summarize in the form of a step-by-step list:

Selection of a tender suitable for the company.
Acquaintance with the conditions and rules of this tender.
Collection of documentation.
Providing and.

Additional points: application security

This is the most important moment, because in its absence, applicants are rejected. The size of this security is often 5% of the total contract amount, so it is difficult to calculate the exact amount, but most often it is a lot of money. AT this case either a bank guarantee or a tender loan will be required.

What is a tender loan? It allows you not to involve working capital and take part in several tenders at the same time.

These two financial documents can be obtained from a bank or a broker.

Psychological tricks

To participate in the auction, you need to know a few psychological tricks.

Communication with a client is one of the ways to success, because during communication you gain invaluable knowledge that you can use when creating your offer.

When talking with a customer, try to follow a formula that has already been tested by more experienced people - identify the client's problem, consider it from different angles, find its solution in your proposal. Such an approach almost completely guarantees the success of the company.
Another key to success is research. Find out as much as you can about the organizing company (Internet, personal communication with someone who has dealt with this company). You will soon be able to find what is important for the customer by including it in your offer.
Make a list of your most influential clients and provide them to the tender committee - this will show that you can handle any large task.
Provide the tender commission with a list of your achievements, show how good and qualified you are.
Turn on warranties. Since people can be very distrustful during the competition, show that you can not only promise to do everything at the highest level, but also provide guarantees.
Pay attention to the benefits that the company will receive from your cooperation. Many people are not at all interested in how long you have been in business or how high your professionalism is. They are primarily interested in the benefits that you will bring to them, and how you will do it.
Believe in success, but never be upset in case of failure, because the main thing is participation and gaining experience. However, it does not hurt you to tune in to a positive wave, believing that everything will work out.

Dangerous myths

Consider the most common myths that will help you decide whether to take part in the tender, spending effort and money.

All tenders are custom-made.

This is not so, because many win tenders without any prior contact with the customer. Although certain percentage dishonest events in Russia still takes place. Therefore, it is important to learn how to identify a dishonest tender by certain signs that are easy for an attentive person to notice. To do this, study the customer's requirements for the proposal, documentation, etc.

To take part in the auction have the opportunity (and not only financial) only large companies.

Yes, you will have to spend a certain amount of money to participate in the tender, but in any case this amount will not be so large that private entrepreneurs and small companies cannot afford to pay it. And in order not to spend really a lot of money to participate in the auction, you should carefully choose the competitions in which you are going to participate - you must be 100% sure that the fulfillment of the terms of the contract will not fall on your shoulders as a heavy, impossible burden.

True, there are so-called free tenders that do not require payment. But this is, in fact, the most unreliable way. Often, such competitions are organized by young managers who have just come to work - they do not have weight in the company, but they hope to show their hectic activity to the authorities. In general, you can participate, but only for the sake of pleasure.

Tender support

Tender support is a service aimed at ensuring the process of participation of an enterprise in a tender. The main goal of tender support is to create all the conditions (at the legal level) for the client-participant to win the tender.

Tender support is especially relevant if you:

do not have much experience or did not take part in state competitions at all;
do not want to take risks and act at random;
you don't want to misfire on a responsible tender.

Did you know that 90% of bidders are not allowed to bid due to flaws in the documentation or an incorrectly executed application? Accompanying tenders by qualified lawyers will save you from fatal shortcomings that may adversely affect the results of the tender.

Russian entrepreneurs got the opportunity to use electronic trading to conclude transactions.

Such competitions are a way to select a supplier, customer, buyer on specialized sites called electronic trading platforms.

What it is?

All government organizations are required to find suppliers through auctions, to conclude contracts only with those organizations whose products fully comply with quality standards.

This activity is regulated by two regulatory documents:

Federal Law No. 44-FZ "On contract system in the field of procurement of goods, works, services to ensure public and municipal needs". It is used by most enterprises financed from the budget: schools, administrations, clinics, etc.
Federal Law No. 223-FZ “On Procurement of Goods, Works, Services certain types legal entities". It is used by large corporations and enterprises in which the state's share is more than 50%.

Auctions under 44-FZ are held on 5 federal sites. Bidding under 223-FZ can be carried out on a much larger number of sites, there are more than 10 of them. An organization can participate in competitions on any number of sites.

Trades are of three types:

Open auction. In this case, the participants submit proposals for the price, and the contract will be concluded with the one whose option is optimal for the buyer.
Up auction. In this case, the participant who submitted the offer at the highest price is selected. Most often, this type of auction is used when selling or renting property.
Down auction. The buyer announces the parameters of the goods, as well as the highest starting price. The order is given to the company that offers the lowest price. The type is used when purchasing goods or services by budgetary enterprises.

Why participate in them?

Bidding is the only possible way to sell products budget institutions. Having received a state order, the organization provides itself with a stable guaranteed income for a long time. It is for this reason that many individual entrepreneurs and newly opened small businesses actively participate in the auction.

Since government customers at all levels are legally obliged to buy most of the products, works and services at open auctions, it is most profitable to participate in auctions at federal ETPs.

The law also provides for the sale of assets of bankrupt enterprises. By participating in such auctions, you can buy property at a low price.

Not only legal entities, but also individuals. The most popular sites for such transactions are the Sberbank-AST and Russian Auction House sites.

ETP has a number of advantages over other methods of concluding transactions:

maximum concentration of sellers and buyers on a small number of sites;
anonymity at the first stage, which ensures the honesty of the transaction and the absence of corruption;
available information about the order for all auction participants;
reducing the time for preparing documents.
deals on trading floors protected by a digital signature certificate;
interaction between the seller and the buyer is carried out without intermediaries;
the opportunity to receive a state order for a large volume of products;
the contract can be concluded with any counterparty throughout the territory of the Russian Federation.

Step-by-step instructions for participation

To participate in these auctions, you must:

Get an EDS. Certificate electronic signature necessary to certify applications, proposals, contracts and other documents. To get it, you need to contact an accredited Certification Center, fill out an application and provide all the necessary official papers. After receiving the electronic signature, you need to install a special program on your computer to work with the certificate.
Be accredited to the ETP. On the site of the selected platform, you need to fill out a form and an application for opening an account, provide documents:
- extract from the Unified State Register of Legal Entities or EGRIP for a period of up to six months;
- full details of the organization;
- Charter of the enterprise;
- document on the appointment of the head;
- power of attorney to participate in the auction.
Accreditation confirmation will be received within five days. With an electronic signature, the service is free.
Top up a special account. Participation in the auction is allowed only to those organizations that have cash on the ETP. They are needed to secure the application, to confirm the firm's intentions. If there is no money on the account, the system will automatically reject the documents.
These preliminary procedures will take a total of about 7 days.
Apply. In order to participate in public procurement tenders, it is necessary to comply with all the requirements for the design of the offer. The application consists of two parts, each of which can be viewed by the customer at different times. The document is uploaded to the ETP in full.
- The first part contains complete information about the offered goods and services. It is considered for 3-5 days, after which the organization is allowed to participate in the auction.
- The second part contains the details of the supplier, it is analyzed within 4-6 days after the end of the auction. On its basis, a decision is made to conclude a transaction.
The winner in the auction is the one who offers the best price for the customer. State enterprises can only create auctions for a fall, that is, they have the right to conclude a contract only with the participant who offers the lowest price. In addition, the proposed goods, works, services must fully comply with the requirements specified in the competition.
To sign a contract. The firm that won the tender must sign the contract. Before the conclusion of the transaction, the winner must provide a bank guarantee in the amount of 30% of the original cost of the auction. The draft contract is certified by an electronic signature, first by the contractor, and then by the customer.

You can clearly see this instruction in the following video:

How to increase your chances

More and more entrepreneurs are starting to participate in the auctions. To increase your chances of getting an order, you need to follow a few simple rules:

Offer a real price. Don't over-price the offer. There are cases when organizations that have received state. order for the performance of work, could not meet the developed estimate due to unforeseen circumstances and working conditions. Since the enterprise is obliged to fulfill its obligations under the contract, excessive expenses can cause serious financial damage to it. It is necessary to adhere to the tactics of setting prices as close as possible to the market ones.
Participate in different auctions. Apply for all eligible orders for businesses of any size and industry. Ignore only contests with incorrect conditions, for example, if the starting price is too low. State organizations can not change the amount of the budget after the signing of the contract.
Stay tuned for new auctions. Information about auctions can be obtained in two ways:
- from mailing list electronic platforms by defining the profile of the company;
- use the services of companies that specialize in monitoring the ETP.
Take your time. It does not matter if the application is submitted immediately after the opening of the auction or a few hours before the end of the auction. Carefully check the compliance of the application with the requirements of the customer, prepare all Required documents. Check with the organizer for details of technical issues and product parameters. A neat and understandable offer will attract the attention of the buyer and leave a good impression of the company.
Follow the laws in your industry. Additions in regulations sometimes entail changes in customer requirements. The organization must anticipate new opportunities in advance and adapt to the corresponding needs.

Not everyone who has received an EDS certificate and accreditation of a trading platform understands the auction procedure. The system of work on the site is rather complicated.

Participation in tenders for a government contract is a prestigious and profitable event for any company. However, most companies do not dare to take this step. There are many reasons, and the most common among them is a lack of understanding of the public procurement procedure. How to take part in the tender and what you need to know for this?

What do you need to participate in tenders

Contrary to popular belief, not all tenders are "custom-made", and not only large companies can win them: the field of public procurement is strictly regulated by law. Any company that meets certain criteria can win a competition or auction without prior contact with the customer.

So, in order to participate in the auction, you need to pay attention to the following points:

knowledge of legislation and processes in the field of procurement;
compliance with the requirements for applicants;
compliance of the bidding product with the requirements of the bidding organizer;
availability of all necessary documentation drawn up in the prescribed form;
financial support for the application.

Knowledge of legislation and processes in the field of public procurement. To date, state tenders are regulated by federal laws:

dated April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ);
dated July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (hereinafter - Law No. 223-FZ).

Some aspects of the application of these laws are enshrined in additional regulations, which are government decrees.

Legislation regulates all stages of the tender:

announcement of tenders;
deadlines and application process;
the amount of security for bids and contracts;
conditions for changing or withdrawing an application for participation;
conditions for providing clarifications by the customer on tender documentation;
conditions for opening envelopes (in case of tenders);
general principles for determining the winner;
the procedure for appealing against the actions of the customer;
procedure for concluding contracts.

Simply put, everything you need to know for a preliminary acquaintance with the procedure for organizing and conducting public procurement can be found in laws and by-laws.

Compliance with the requirements for applicants. The requirements for participants are established in Laws No. 44-FZ and No. 223-FZ, as well as other regulatory documents, for example, in Decree of the Government of the Russian Federation of February 4, 2015 No. 99. The law also prescribes what additional conditions the state customer can put forward.

Basically, the requirements are of a general nature, for example, the absence of tax arrears. To additional requirements certain work experience can be attributed, etc. In general, the conditions depend on the type of tender. For example, take part in open competition or auction can be any entity, which meets the general requirements for participants and will provide the necessary package of documents. AT closed tenders the range of suppliers is limited: as a rule, contractors are invited directly by the customer, since such purchases are often associated with state secrets.

It should be noted that customers of commercial tenders are not required to strictly comply with the terms of the legislation in the field of public procurement. They have the right to set their own requirements for participants.

Compliance of the product of the auction with the requirements of the organizer of the auction. Qualitative and quantitative characteristics of the purchased goods or services, including the country of origin, are established by the state customer in accordance with the law. Usually, the requirements for the product are specified in the tender documentation. If the information is not enough, then the customer can be asked for clarifications, which he is obliged to provide.

The contractor needs to carefully study the documentation and the conditions prescribed in it, in accordance with the requirements to make his proposal for the execution of the contract. Non-compliance of the product with the conditions leads to the rejection of the application for participation.

Availability of all necessary documentation, drawn up in the prescribed form. The standard package of documents that is required to participate in any government tender is prescribed in the legislation. However, the customer may request additional documents without violating the provisions of the law. The standard package, as a rule, includes an application drawn up according to a sample provided by the customer, a proposal for the execution of the contract and documents about the participating company. All documentation must be completed and submitted correctly. The customer may not pay attention to small flaws, but more serious errors will lead to the rejection of the application.

Note that the organizers of commercial tenders may request documents at their discretion.

Financial security of the application or performance of the contract. The law establishes that the application security can reach up to 5% of the contract value, and the size of the contract performance security - up to 30%. Run it required condition possible by making a deposit or providing a bank guarantee. Which option is most acceptable, only the participant can decide.

The amounts of contracts are often significant, and the pledge involves the withdrawal and freezing of funds from circulation for an extended period of time. Therefore, a bank guarantee is usually considered more convenient and effective tool securing the application.

What are the requirements for bidders?

As noted earlier, the main requirements for tenderers are established by law. These include:

the participant has no debt or tax arrears (if any, there are good reasons to substantiate them);
absence from the head and others officials the company-participant has a criminal record in the economic sphere (with the exception of an extinguished or withdrawn conviction);
the participant has exclusive rights to the results of intellectual activity (an exception is contracts for the creation of works of literature or art, for financing the distribution or screening of a national film);
absence of a conflict of interest between the customer and the participant (that is, the first persons of the companies of the customer and the contractor cannot be related, since all tender participants must be provided with equal conditions).

The following conditions must be met:

the bidder cannot be an offshore company;
information about the participant should not be in the register of unscrupulous suppliers;
the activities of the company should not be suspended;
the company must not be liquidated;
The company must not be bankrupt.

The listed requirements are quite feasible, they can be confirmed by the relevant documents. For example, providing a copy of the income statement will show that the company is doing well.

For some types of tenders, for example, when holding two-stage competition Participants may be subject to additional requirements:

work experience related to the subject of public procurement;
positive business reputation participant;
financial capacity to fulfill the terms of the contract;
the required number of specialized employees for the execution of the contract;
availability of equipment and other material resources for the performance of the contract.

As discussed earlier, commercial tenderers can set their own requirements. These include, for example, obtaining accreditation from the bidding company.

What documents are needed to participate in tenders

Before taking part in the tender, it is necessary to collect a package of documents. The legislation provides for the following standard package:

application for participation, certified by the head;
description of the documents attached to the application;
documents about the company (name, address, TIN, certificate of state registration);
extract from the Unified State Register of Legal Entities or EGRIP (or their notarized copies);
copies of constituent documents;
certificate of no tax debt;
a document confirming the authority of the person acting on behalf of the tender participant (a copy of the decision on appointment to the position of the head or a power of attorney);
a copy of the order on the appointment of the chief accountant;
documents confirming the right to an advantage (for example, a declaration of belonging to small businesses);
documents confirming the compliance of the contestant with the requirements for tenderers;
documents confirming the submission of security for the application for participation (payment order or bank guarantee);
if necessary: documents confirming the participant's compliance with the prohibitions and restrictions established by the customer.

It is difficult to predict additional documents that the customer may request under the law, since this package depends on the type of tender (construction, transport), as well as on the characteristics by which the customer determines the supplier's qualifications.

The customer makes his demands on the participants of commercial tenders. Strict regulation by Laws No. 44-FZ and No. 223-FZ does not apply to them. The activities of such customers are regulated by the Civil Code. In addition to the standard package of documents, a commercial customer may require accreditation documents (they must be updated at least once a year) and an up-to-date electronic digital signature (EDS), since almost all commercial tenders take place on electronic trading platforms.

Application security

An important point to pay attention to is security. As mentioned earlier, the size of the application security for participation reaches 5%. With a high contract value, this amount is significant.

The legislation provides for two ways to secure an application: a pledge and a bank guarantee. Making a pledge withdraws a significant amount from the company's turnover for a long time, since such security is returned to the participating company only after the results of the competition are summed up, and in case of victory, after signing a contract with it.

A bank guarantee will ensure the application with minimal costs. The guarantor of the fulfillment of obligations to sign the contract by the participant is a third party, that is, a credit institution that is included in a special register and has the right to issue bank guarantees. Of course, the execution of such a document will take time. You need to choose the right bank, meet the requirements of a credit institution and collect the necessary package of documents. But today there are a large number of brokers who will take over the entire process of issuing a guarantee and help you get a document in a short time.

Documents for participation in the electronic auction

Today, more and more tenders are being held in in electronic format. Public procurement in this form takes place on special trading floors, where the supplier must obtain accreditation. Also need email digital signature. To participate in electronic auctions, the standard list of documents looks like this:

Documents about the company (name, address, TIN).
Copies of documents confirming compliance with the requirements of the product or service.
Documents confirming the right to an advantage (for example, a declaration of belonging to small businesses).
If necessary: documents confirming the participant's compliance with the prohibitions and restrictions established by the customer.

It should be noted that according to Law No. 223-FZ, the list of documents is identical.

As you can see, there are many subtleties and nuances that a potential bidder may not pay attention to, but this will be important for the customer. However, as they say, the eyes are afraid - the hands are doing. Be sure to prepare seriously, seek professional help if necessary, and then success is guaranteed to you!

If you have a business, but no orders, or you are planning to open a business, but you do not have money for marketing and advertising, you can receive orders in the form of tenders. Read about what a tender is and how to win it in this article.

Our specialists guarantee compliance with the requirements of the law at all stages of tender support. Settlement of disputes with customers, appealing FAS decisions, work on all trading platforms.

What is a tender and how to become a participant in the competition

tender name the form of trade relations, which are characterized by competition. In the process of selecting applicants, the organizer of the auction selects the best participant, who will subsequently supply goods or provide services on the basis of a concluded contract.

Any company can become a participant in paid or free auctions. Participants in the process follow certain state standards for the implementation of mutually beneficial transactions in the market.

The bidding organizer can independently create requirements and bases for bidders, as well as make changes to the rules during the implementation of the event. All applicants for participation in the competition must submit an application for participation, regulatory and non-normative documents (if desired) on time. The chances of winning are increased by the correct execution of all papers, the competitiveness of the organization, the experience and skill level of the performing company. An auction or competition can be held in several stages, during which the management examines in detail the profiles of all applicants and selects the best options for the project.

Types of tenders and their purpose

The market economy requires the use various kinds trading activities, tender events are promising and progressive types of trade, as they involve fierce competition, which affects the quality and cost of the services or goods provided. Diversity and a wide range of products on the market contributes to the creation and development different types tenders, each type has its own characteristics and characteristics.

To date, there are the following types of tenders:

Closed auctions. Their implementation involves the selection and distribution of invitations to participants. Bidders submit requests for tender documentation provided by the customer, after which it becomes possible to draw up all documents in the proper form. They are carried out mainly when the purchase of goods with specific characteristics is required, and their implementation will require coordination with government bodies authorities;

Open auctions. provide for the participation of any company, most often these tenders are used to public procurement. They also have disadvantages - a long period of holding, the commission will be busy processing applications for a long time;

Specialized closed auctions. In this case, there are some restrictions that are imposed on the participants. Their implementation is appropriate when the specifics of the tender work is complex;

Consisting of two stages. Conducted with fairly complex purchases. First, the customer draws up a variant of the terms of reference, as a result of which the bidders are prepared. The second stage is the preparation and submission of applications with proposals of a technical and commercial nature, after which the customer selects the most advantageous proposal.

Bidders and their powers

Bidding has two sides:

customer;
executor.

There are always more performers than customers, so at any trade event of this type there is an atmosphere of competition. How better offer customer - the more participants in the auction, therefore, the contractor will be able to create more stringent selection conditions.

Performers must not only be ready to fulfill all the requirements of the customer, but also:

provide relevant information about their activities;
submit the necessary documents (at the request of the customer);
comply with the characteristics and requirements;
have all the powers and capabilities to carry out the project.

All bidders must create an application in the required form and submit it for consideration on time. Participation in the competition and auction should not contradict the requirements and rules of the current state legislation. Participants must prove belonging to this characteristic in the application and in the documents that are attached to the application for participation.

What you need to participate in tenders in the first place

The main rule of participation in the tender is the accurate and competent filling of all necessary documents.

Compliance with all requirements and standards can ensure one hundred percent access to a trading event. Each customer develops an extended qualification questionnaire, based on the results of which a decision will be made on participation in the auction. The application has the exact details, the following must also be attached to the questionnaire:

institution documents;
letters of recommendation;
results of completed projects;
certificates from financial institutions;
qualifications and certificates.

For successful completion all papers that confirm the high professionalism and competence of employees can be useful in the list of participants. However, papers and documents must be official, as all the data provided is checked by the security service and the customer in without fail. Recommendations regular customers or certificates without registration will not have any legal force in this case.

Another milestone is filling commercial offer, which looks like detailed tables and lists. During the bidding process, the customer has the right to make certain changes in the structure of the offer.

Conditions and features of participation in tenders

To be aware of all the conditions of the tenders means to have a great chance of winning, counting on getting the maximum profit.

The conditions of the event are always published in advance, you can familiarize yourself with them when filling out the questionnaire and details of the participant. Data on the conditions of participation are provided in the following form:

conditions and terms of submission, acceptance of applications from applicants;
time for consideration of applications and commercial offers;
contract (its sample for review), which will be signed with the winner of the competition;
conditions for ensuring the implementation of the project (attached if necessary).

The customer is obliged to provide a sample of the future contract, as the contractor must compare his capabilities with the requirements of the customer.

It should be noted that the terms of the auction are dictated not only by the customer. The actions of the participants, first of all, must comply with the current legislation Russian Federation. State tenders always dictate more stringent conditions for bidding than commercial organizations.

The first thing a beginner in the field of tendering needs to do is to prioritize, compare all the advantages, disadvantages and risks of work. The main evaluation criteria should be:

having everything necessary equipment for the full implementation of the project;
the number of qualified employees;
the ability to devote sufficient time to the implementation of all customer requirements.

If the company lacks something, then it is necessary to thoroughly prepare for participation in the tender, provide employees with all the necessary materials and knowledge.

A beginner needs to be ready to participate in tenders systematically, rare and insignificant projects are unlikely to bring the desired result and meet expectations. Active participation in tenders will enable the newcomer not only to earn sufficient capital for further development, but also to gain invaluable experience. It is necessary to evaluate each participation in the auction or competition according to the following criteria:

opportunity to study the competitive environment;
identify strengths and weak sides enterprises;
the ability to position and advertise the company;
winning the tender gives a big shift in the development and improvement of the enterprise.

What documents are required to participate in the tender

High-quality collection of documentation is the most important step in preparing for tenders. It is on the basis of official papers that the selection of participants is carried out, according to the characteristics of the input documentation, the customer's favorites can even be selected.

The more and more extensive the documentation is, the more chances the applicant will have. In order to correctly and competently prepare papers, you need to familiarize yourself in detail with the requirements and conditions of the customer. It is very important to draw up all papers in accordance with the official rules presented.

A specific list of documents is indicated by each customer, but there are some basic documents that the contractor needs to prepare to participate in the auction, among them:

A copy of the certificate of state registration, certified by a seal;
Copy of the charter;
A copy of the notification of the assignment of a taxpayer number;
Confirmation of financial independence of the participant;
Help from tax office that you have no debts;
Balance sheet at the time of application and for the previous year;
Certificates (if the product is subject to certification);
A certified inventory of documents that is provided by the head of the company.

Auction procedure

Each customer has the right to dictate his own rules for holding an auction or competition, but the state regulates General requirements to the order of bidding, binding on all.

Conducting a tender in the form of a competition involves the following stages:

Preliminary preparation. It provides for the customer to determine the issues on which the tender will be held, as well as the selection criteria;
Brief formation. This should include information about the customer, the task and purpose of the tender, an approximate expected result, requirements for participants and the form of applications, criteria for their evaluation.
brief like normative document, must contain the following information:
- the name of the activity of the company that organizes the auction;
- objectives and goals of the project;
- the final result of the project;
- the entire list of requirements for applicants;
- a complete list of papers and documents that each participant must submit;
- criteria for assessing the benefits of participants (what the customer will pay attention to in the first place);
- start and end date of the competition.
Selection of participants. They are evaluated according to certain parameters, which include experience of participating in similar events, feedback on professional activity. According to the results of the comparison, the most profitable participant for the customer is selected;
Consideration of applications. The customer, at the request of the participants, clarifies the information and discusses all the questions of interest to him. It is at this stage that several participants are determined for the final competition;
Presentation of the proposals of the finalists. Participants who have reached the final are invited to the customer's organization and there once again present their proposals and give weighty arguments in their favor;
Winner selection. After the presentation and discussion of the results, the head of the organization selects the winner;

How to win an auction the first time and get a tender

Beginners can win any auction the first time, the main thing is to fill out the tender correctly and meet the requirements of the customer.

First rule, which should be followed for successful trading is a clear calculation of financial opportunities. But it is quite difficult to make it, you need either the help of a specialist, or you need to have your own experience in participating in tenders.

Second rule. The key to success lies in the quality and correctness of the documentation. According to statistics, about 40% of participants lose precisely because they have an unclear bid. The correctness of its compilation lies in the writing plain language, but according to all the requirements of the auction, the content should include only those characteristics that are of interest to the customer.

An important point here is also guarantees, they act as an excellent incentive for concluding an agreement with you. The customer will notice such an offer much faster, because with a guarantee you show that your company is reliable.

Can an individual entrepreneur participate in tenders, what are his chances of winning

Yes maybe! Many businessmen mistakenly believe that sole proprietorships are restricted from participating in competitive programs. The legislation of the Russian Federation regulates the right of any individual entrepreneur to take full part in the tender.

If we are talking about virtual auctions, then individual entrepreneur you need to take care of creating an electronic signature (EDS) for your company, if it is not already available. It will also be necessary to go through a difficult organization accreditation procedure, such events are held by special companies that have the appropriate license.

An individual entrepreneur, like the owner of any other form of organization, has the full right to clarify the information and conditions for the competition.