When are tenders held? What is the tender process. Brief background about the tender

Government agencies and large companies cannot turn to the first contractor they come across to buy furniture or order window cleaning in the office. To eliminate the corruption component and improve the quality of service, they must hold tenders - competitions in which all potential suppliers are provided with equal conditions.

Why should an entrepreneur find out what a tender is and how to participate in it? The fact is that this method of organizing sales has a number of advantages:

to conduct tender sales do not need a whole department of managers;
budgetary organizations spend rather large sums on purchases;
bidding is the only way to sell something to the state;
up to 20% of government purchases are for small businesses.
to participate in the auction, you do not need to drain the budget for advertising;

talking in simple terms, a tender is a competition in which a company selects suppliers of products or performers of work on favorable terms for itself. When determining the winner, the customer has the right to take into account many factors - the price, the timing of the task, the availability of qualified workers and equipment from the contractor. The participant offering the best conditions signs an agreement with him.

There are two types of tenders - state and commercial. The first ones are carried out exclusively in electronic format on authorized sites on the Internet (ETP) in accordance with the legal framework:

budget organizations carry out purchases in accordance with Law No. 44-FZ;
companies with shares state capital over 50% use No. 223-FZ.

Private companies and enterprises with a state capital share of up to 50% can organize auctions in any format. However, Law No. 135-FZ requires equal opportunities for all participants, which is only possible when using the ETP.

Why did state and corporate customers gradually transfer the auctions to electronic form? The fact is that:

ETPs cover a wide audience. Any entity with access to the Internet can take part in tenders.
Trading platforms form registers of participants and trading history. Based on these data, it is easy to conduct analytical studies.
Contest participants undergo mandatory accreditation, which reduces the likelihood of encountering scammers.
The marketplace interface allows you to quickly search for tenders by several parameters, including the type of product and the location of the client.
results electronic trading impossible to forge, and custom tenders are seen almost immediately.

Types of tenders

To get an idea of what a tender is, it is necessary to consider existing species competitions. There are tenders on trading floors and in the Unified Information System for Public Procurement (UIS) on the website zakupki.gov.ru:

open. Any subject who correctly prepared the application can take part in them. As a rule, there are many participants, so the acceptance and consideration of proposals takes several months.
Closed. The customer sends invitations to a narrow circle of contractors who have the necessary qualifications, goods or equipment. So it is easier to avoid the flow of applications from amateurs. Also closed competition organize if:

the object of the auction or its documentation is a state secret;
a competition is held for insurance, transportation or protection of valuables;
the tender is carried out by law enforcement agencies.

The next method of classifying tenders groups them according to the technology for determining the winners. Trades include:

Contests. They are held if, when choosing a winner, they consider not only the price, but also other factors - deadlines, originality of the technical solution. If only one application is received, the competition is considered invalid.
Competitions with limited participation . They imply a preliminary selection of participants according to the availability of qualifications, equipment, and material resources. Bidding is also considered invalid if there is only one bid.
Two-stage contests. First, the performers offer their own ways of solving the problem without specifying a price. The customer selects the most rational ideas and conducts the final bidding with the calculation of the project estimate. Such tenders are needed if:

the client is exploring the possibility of solving a non-standard problem;
the customer cannot independently understand the specifics of the work;
the object of the auction is constantly modernized equipment.
- Auctions. Trade Auction is a tender in which participants place bids, reducing the initial price of the contract. The one with the lowest price wins. The list of goods for the auction is specified in Order No. 471-R.
- Request for Proposals. They are held after failed bidding and to justify the price of the contract. The customer collects commercial offers from contractors and publishes them in the EIS. Next, the performers receive one day to improve applications.
- Quote requests. Unlike other types of tenders, the request for quotations is carried out without collateral with a contract price of up to 500 thousand rubles. Each participant makes one proposal. The firm with the lowest price wins the contract.
- Purchasing from a single supplier. They are held if any of the above types of tenders is declared invalid. In addition, the law provides for another 52 cases where it is allowed to purchase from sole supplier. For example:
it is necessary to perform work related to mobilization preparation;
the object of the cakes is military equipment, which has no analogues in Russia;
purchases are made in connection with emergencies;
goods and works are purchased from enterprises of the Federal Penitentiary Service;
works of art are purchased from their right holders;
the object of the auction is products for state protection;
medicines prescribed to the patient by the commission are purchased;
the contractor is considered a monopoly in the industry.

Who can take part in the tender

The law does not provide for any restrictions for entities with various forms of business wishing to participate in online tenders. The following persons are allowed to apply as executors:

Ordinary citizens. They have the right to register on electronic platforms and take part in auctions on an equal basis with businessmen, with the exception of competitions with restrictions. Winners must pay income tax.
Individual entrepreneurs. They have some advantages: 20% of purchases are made among small businesses. But individual entrepreneurs may face obstacles, since they do not have the right to apply for tenders of law enforcement agencies.
Legal persons. For obligations, they are responsible only for the authorized capital. But in the event of a contract failure, not only the LLC, but also its founders, are included in the “black list”. Therefore, many companies create subsidiaries for trading.
budget organizations. Exempt from the obligation to pay a security deposit. In addition, in some tenders, the institutions of the Federal Penitentiary Service have advantages. However, state employees cannot spend the earned money at their own discretion.
Foreign citizens and companies. The right to participate in the auction, where there are no restrictions on the national regime. When accredited on the trading floor, foreign entities are required to provide certified translations of statutory documents.

When figuring out how to participate in Public Procurement, you must first determine whether the participant is entitled to admission to bidding under the law. Applicants who:

or already declared bankrupt;
suspended work due to an administrative offense;
have arrears in payments to budget and insurance funds;
run by citizens convicted of financial crimes;
do not own the rights to intellectual property transferred to the customer;
are managed by citizens who are related to or married to representatives of the customer in key positions;
registered in states with preferential taxation.

Depending on the specifics of the tender, the customer can put forward Additional requirements to the applicants. In particular:

experience in the field with which the object of the auction is associated;
a sufficient number of qualified employees;
availability of special equipment and technology;
domestic origin of goods under national treatment restrictions;
availability of licenses or participation in the SRO, if required by the object of the auction;
belonging to SMP or NPO, if the competition is held among them;
missing from the register unscrupulous suppliers(RNP).

How to find suitable public procurement tenders

All auctions of state and municipal institutions are listed on the official website of the EIS zakupki.gov.ru, where you can filter them by the name of the customer, amount, type of product, terms. However, the contests themselves are held at accredited federal sites. There are eight of them:

Federal marketplaces
sberbank-ast.ru	roseltorg.ru	lot-online.com	etpgpb.ru
rts-tender.ru	etp-ets.ru	tektorg.ru	astgoz.ru

It is more difficult to find auctions of private companies, as they are held on thousands of resources. Fortunately, most of the big tender sites are members of the ETP Association: its portal www.aetp.ru has links to dozens of trading platforms. Here are a few of them:

Finally, an experienced businessman can participate not only in Russian tenders, but also in competitions of other countries: for this, he will need the services of an interpreter and mechanisms for international settlements. It is unrealistic to list all the ETPs of the world, but you can get an idea about them using the following links:

Foreign trading platforms
Italy	www.infoappalti.it	Kazakhstan	www.zakupki.kz
Netherlands	www.tendersinfo.com	Ukraine	Prozorro
USA	www.fbo.gov	Poland	www.twojprzetarg.pl
Finland	www.hankintailmoitukset.fi	Turkey	www.yatirimlar.com

How to identify a dishonest tender

Beginners usually participate in all tenders in a row. But experienced entrepreneurs first try to assess the chances of winning. Unfortunately, many high-value contests are for "baited" vendors, so outsiders don't even have to try to bid. How to identify a negotiated tender:

In the title of the competition, the name of the auction object is not indicated at all, it is indicated with an error or with Latin letters. It makes it harder search for tenders for the uninitiated.
The product code according to OKDP is given without detail or with incorrect units of measurement. An outside participant will not be able to guess what exactly the customer needs.
The delivery region is not indicated at all or is indicated with minimal accuracy. Calculating the price in such conditions is difficult, since the costs of logistics are unknown.
The deadline for fulfilling obligations is inadequately short. This sign of a negotiated tender indicates that some of the bidders are already doing work.
The contract price is several times higher than the market price. Perhaps it already includes the amount of a bribe for the organizer of the tender.
For some unknown reason, work must be carried out using rare equipment. Most likely, this technique is in the right customer's contractor.
Thousands of pages of bidding documents should be reviewed in a short amount of time. This is only possible for a participant who has familiarized himself with it in advance.
The requirements for bidders indicate the need for licenses or SRO permits, which are not actually needed for the declared work.

How to prepare for a tender

A tender is a responsible procedure that involves transactions with large sums of money. It is logical that the first company that comes across will not be allowed to participate in the auction, and therefore the contractor must conduct certain preparations:

Learn the rules for submitting applications and holding tenders. The entrepreneur must consider in detail laws No. 44-FZ, 223-FZ, 135-FZ, as well as related regulations and by-laws.
Get a qualified electronic signature. It is issued in the form of a key recorded on a USB flash drive by centers licensed by the Ministry of Telecom and Mass Communications. EDS is valid for one year and works on certain sites, where tenders are published.
Register on trading platforms. It is possible to start with sites intended for government tenders, and then move on to corporate ones. You should look for resources where there are many competitions suitable for an entrepreneur.
Get accredited. The operator must check the data about the company and enter it into the register of the site. The accreditation is valid for three years, but an application for renewal must be submitted three months before its expiration. Otherwise, access to trading will be closed.
Open a special account and transfer money to it to secure the application. This fee guarantees the integrity of the bidders. Banks should be used, the list of which is published monthly on the website of the Ministry of Finance.

What documents are needed for the tender

Tender documentation is recommended to be collected at least a week before the start of bids and sent to the customer as soon as possible in order to have a margin of time to make changes to it. When conducting traditional auctions, papers are stitched and sealed in an envelope, and when organizing electronic events, they are scanned and sent to the site operator along with a personal EDS.

What documents are needed to participate in the tender:

enterprise profile - name, address, telephone numbers, passport details and TIN codes of the founders of an LLC or an individual entrepreneur;
a certificate from the Unified State Register of Enterprises or Unified State Register of Legal Entities a maximum of two weeks ago;
a notarized copy of the certificate of registration of the SPD and the assignment of the TIN;
copies of statutory documents for LLC;
orders to appoint a head and chief accountant for an LLC;
documents stating that the company is not liquidated and is not bankrupt;
certificates of non-conviction of persons responsible for economic crimes;
an extract from the Federal Tax Service on the absence of debts on payments to the budget and insurance funds;
financial report for the last three years;
consent to the transaction if the amount exceeds the limit specified during registration;
evidence that the applicant is an SMP, an enterprise of the Federal Penitentiary Service, a society for the disabled, or non-profit organization(if there are benefits for them);
documents confirming the deposit of collateral or the provision of a bank guarantee;
list of submitted documents.

Customers have the right to demand:

copies of contracts with previous customers;
a list of material resources available to the contractor;
recommendations from clients;
evidence of victories in other tenders;
presentation of the company and its activities.

How to apply for a tender

According to statistics, 15% of trades worth up to a million rubles are failed due to the complete absence of participants. An entrepreneur can easily become a winner in them if he submits an application correctly. There are two types of applications:

Written. Served in a sealed envelope in person or by registered mail. Currently, they are almost never found, since all auctions are held on the Internet.
Electronic. Served in the form of scanned copies through the ETP, supplied with a digital signature of the entrepreneur.

According to the law, a tender is the consent of a participant to deliver goods or perform work on the terms of the customer. It consists of two parts, which are sent to the client within the agreed time:

The first part should include basic information about the proposed product, work or service, namely:

written confirmation of the applicant's consent to cooperation in accordance with the mentioned conditions;
the country of production of the goods, if the customer conducts a tender taking into account national restrictions;
full technical characteristics of the product, a table of prices for it, taking into account tax payments and overhead costs;
statutory certificates and declarations of quality for products, certificates from Rospotrebnadzor.
- The second part should contain the documents listed in the previous section. It is considered after the selection of the best offer.

An application for participation in an electronic tender is sent to the ETP operator in the form of two documents signed by the entrepreneur's EDS. The operator assigns a serial number to it within an hour and sends a confirmation to the participant.

Preparation of tender proposals includes such a stage as making a deposit. Each participant in the form of a guarantee of good faith must transfer to the organizers of the competition financial security in the amount of 0.5–5% of the contract value. At the end of the auction, the money is returned to the applicants. You can make a deposit in different ways:

Open a special account in an accredited bank and transfer money to it. The bank will block the collateral for the duration of the auction.
Get a tender loan. This method is suitable for entrepreneurs who do not have free funds to make a deposit.
Design bank guarantee. Wherein financial institution accepts an obligation to pay the required amount at the request of the creditor.

How is the tender

It is impossible to organize a tender without preparation. First of all, the customer must study the market situation and justify the initial price of the contract (NMTsK). When he understands how much these or those goods or services cost on average, you can proceed to the next steps.

How the procurement tender is conducted:

How is a procurement tender conducted?:

The customer publishes on the ETP or sends to contractors an invitation to bid, including basic information about the tender:
- a description of your company, its profile of activities, features of the business and the industry as a whole;
- description of the task and the expected result, including the technical data of the object, information on prices and payment schedules;
- rules for preparing applications and a list of requirements for performers - their qualifications, equipment, experience in performing similar work;
- criteria for evaluating proposals, including cost, completion time, presence or absence of subcontractors;
- the dates of the beginning and completion of the acceptance of tender applications, the date of the competition and the announcement of the winners.
Interested contractors contact the buyer for additional information, clarify the essence of the problem and the desired ways to solve it.
Potential executors, guided by the tender documentation, draw up applications for participation in the tender.
Prepared applications are uploaded to the trading platform or handed to the client in sealed envelopes, which is confirmed by receipts and a journal entry.
If necessary, the customer asks the performers to make presentations of their proposals and talk about the benefits of cooperation with them.
The customer evaluates the proposals according to the mentioned criteria, awards them certain points for this, and thus selects the winners.
The tender protocol is published on the trading platform, in the EIS and on the customer's website. If the competition was closed, the applicants are informed about the results personally.

When an auction is announced on the trading floor and on the website zakupkigov.ru, a notice is published indicating the date and time of the auction.

Stages of the tender:

Stages of the tender:

Bidders make bids, add to them Required documents, sign with their EDS and upload to the trading platform.
The site operator applies to the banks indicated in the applications and asks the institutions to block the security deposits on the applicants' accounts.
Upon the arrival of the date and time specified in the notice, contractors log in to the trading floor, connect to the auction and start submitting proposals:
- Taking into account their capabilities, the participants reduce the cost of the contract. The reduction step is 0.5–5% of the initial price.
- When submitting an offer, the contractor cannot name an amount greater than or equal to the one he indicated earlier.
- The participant does not have the right to further reduce his offer if it is currently less than all the others.

The end time of the auction is set. If within 10 minutes after the receipt of the last bid there are no new proposals, the auction ends.
Within an hour, the operator publishes the tender protocol on the trading floor, and also sends notifications to the customer and bidders.

How to cancel a tender

Often, customers interested in cooperation with certain firms themselves send them invitations to participate in the auction. If after a sober assessment tender risks the entrepreneur understands that he is not interested in this competition, he has the right to refuse the offer and send a corresponding letter to the customer. The reason for refusal may be:

lack of technical or financial ability to fulfill the order;
limited time for registration of the tender;
inadequately large number of applicants;
participation in the competition of companies with a bad reputation.

If the entrepreneur decided to win the tender and applied, but later changed his mind, he can also refuse to participate in the tender:

To withdraw an application for participation in the auction, you should send a message to the platform operator before it starts. It unlocks the collateral within a day.
It is possible to withdraw the application for participation in the request for quotations after the customer makes changes to the documentation or by sending a second proposal.
You can withdraw the tender application before opening the envelopes or before unlocking access to documents on the ETP. Deposits are returned within five days.

Everything becomes more complicated if the contract has already been signed, and the situation changes not in favor of the contractor - for example, goods or raw materials become more expensive, sanctions are introduced, the ruble exchange rate falls. What can be done:

Just refuse to sign the contract. As a result, the performer will lose the pledge and be included in the RNP lists for two years.
Terminate the contract by agreement of the parties. This requires a good relationship with the customer, otherwise the latter may wish to punish the performer.
Take advantage of the conditions mentioned in the contract and legislation. For example, you can initiate the termination of a contract if the customer:

repeatedly fails to pay;
unreasonably refuses to accept products or works;
does not provide the performer necessary information or materials.

If the contractor decides to terminate the contract, he must send a notice to the customer within three days. It is advisable to use methods that allow confirmation of receipt of the letter by the addressee. In addition, you can earn by opening your own.

How to win a tender for a beginner

Contrary to the prevailing stereotype, a newcomer may well win the bid if he does not fight for expensive contracts with large suppliers. But you should not rely only on luck. It is better to study the basic subtleties of participation in tenders in public procurement:

Tender sales should start with small bids large companies. An agreement with the PFR worth only 500-700 thousand rubles is unlikely to be corrupt.
It is recommended to study the statistics and procurement plans of prospective clients. If their needs and auction dates are known, you can prepare in advance.
You should not participate in tenders that have signs of contractual. The chances of winning them are negligible, and customers often begin to take revenge on unwanted winners.
The application must be prepared in accordance with the tender documentation. About 25% of applicants make mistakes in it and are refused.
You should not hope that the customer is well versed in the object of the auction. It is advisable to avoid complex terms in the application, add pictures and diagrams.
It is recommended to prepare a portfolio. good presentation worth the time spent, as it is much easier to win a tender with it.
Customers love guarantees. It is worth including in the tender proposal the obligation to maintenance, repair and maintenance of the bidding object.
The chances of winning are increased by communication with the customer. You can call him, write letters with a request to clarify incomprehensible points and reveal your wishes.

What should the winner of the tender do?

Aspiring entrepreneurs, puzzled only by thinking about how to participate in tenders, often have no idea what to do after winning. By law, the winning bidder is obliged to sign an agreement with the customer in the period from the tenth to the twentieth day after the protocol is posted on the electronic site. Fortunately, today partners don’t even have to meet in person to do this:

After the publication of the tender protocol, the customer uploads an unsigned draft contract to the trading floor and to the EIS within five days.
The Contractor studies the contract, and if errors and ambiguities are found in it, transfers the protocol of disagreements to the client through the trading platform.
The customer considers the wishes of the performer for three days, and then publishes new treaty(or the old one, indicating the reasons why changes are not possible).
The Contractor accepts the conditions of the customer and within three days uploads to the platform the contract signed with the EDS and the document on the deposit of security.
Over the next three days, the customer also signs the contract using an EDS and uploads it to the EIS and to the trading platform.

By analogy with a pledge for participation in a tender, when concluding an agreement, the contractor must transfer a security in the amount of 5–30% of the NMCC to the client's account. It acts as a guarantee that the contractor will fulfill all obligations and not terminate the contract at will. There are three ways to solve this problem:

withdraw money from circulation and send it to the customer's account;
send the client a document on the provision of a bank guarantee;
transfer to the client's account the money received in the form of a tender loan.

Is it possible to challenge the results of the tender

In any competition where there is a winner, there are always subjects dissatisfied with the results. If the tenderer assumes that his rights were violated during the bidding process, he has the right to challenge the actions of the client, the commission or the operator of the trading platform. Complaints are considered by two authorities:

Federal Antimonopoly Service;
Court of Arbitration.

Filing a complaint with the FAS is effective solution: appeals of entrepreneurs are considered within five days and are found justified in 40% of cases. You can take the document personally to the regional office of the service or send it to the address [email protected], providing electronic signature. It should be remembered that:

You can complain about incorrect tender documentation before the bids are closed from participants;
You can complain about the actions of the customer or the tender commission within 10 days from the date of publication of the bidding protocol on the ETP;
You can complain about an unlawful refusal to consider the second part of the application or to determine the winner before the signing of the contract.

contact court of Arbitration it is necessary at the place of registration of the customer within three months from the moment when the tender participant learned about the violation. The plaintiff must first conduct a pre-trial settlement, that is, send the defendant an application and supporting documents. If you ignore this procedure, the court has the right to leave the complaint without consideration.

Tenders and taxation

At first glance, it is not profitable for entrepreneurs to participate in tenders: having no obligation to pay VAT, they can further reduce the price. But if they do not notice that the tax is allocated separately in the cost of the contract, they will have to face a surprise in the form of a 20% VAT deduction and the contract becoming unprofitable. What to do in such a situation:

If the object of bidding by law refers to goods subject to VAT, the tax must be included in the cost of the contract.
If the client does not indicate the tax in the NMTsK, and the VAT payer wins the auction, when concluding the contract, 20% will have to be deducted from the supplier's price, which is prohibited.
A feature of tenders held by commercial companies is the comparison of proposals of different participants without VAT at all.

When participating in foreign auctions, contractors have the right to set VAT at 0% and demand compensation from the state. The exception is sales of oil, gas and gas condensate.

Conclusion

In principle, for an entrepreneur to work, it is enough to know what a tender is and how it is carried out. However, beginners should take into account that in sales an excellent indicator is the ratio of the number of contests won to their total number in the range of 25-40%. At the same time, many start-up businessmen apply for two or three tenders, lose them and refuse the idea of participation in the auction at all. Solving this problem is simple: you just need to show perseverance and perseverance in achieving the goal. With the first victory, self-confidence and a positive reputation will appear, which will contribute to further successful activities.

What is a tender

Today, the term "tender" is widely used in Russian business. But at the same time, as such, there is no definition of the concept of "tender" in the legislation. This term comes from the English tender, which means "offer". First mentioned in the model law on the procurement of goods, works, adopted by UNCITRAL on July 16, 1993 (). It contains such definitions as tender documentation, tender application and tender security. The word "tender" in this context should be interpreted as an offer to participate in the auction. The modern economic dictionary gives the following definition: “A tender is an open competitive bidding (open tender) or closed - for a limited number of participants (closed tender), a competitive form of placing an order” [Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. "Modern Economic Dictionary" (INFRA-M, 2006)]. In Russian legislation, a similar definition is given to bidding, namely, in the Civil Code of the Russian Federation, bidding is understood as a competition or auction. However, at present, it is customary to understand the tender as other ways of choosing a supplier for concluding a contract.

Tender organizers can be both government customers and many commercial structures, as well as owners or holders of the right to property. And participants can be any legal or individuals able to fulfill their obligations.

A feature of tenders is that this procedure makes it possible, on the basis of free and transparent competition, to conclude contracts on the most favorable terms for all parties. The organizer satisfies his needs by purchasing or selling with the best conditions for favorable price. Participants also get the opportunity to participate in competition on an equal footing.

Tender classification

Tenders are classified according to various criteria. Depending on the purpose of the holding, they are divided into tenders for sale and tenders for purchase. According to the procedure, they are divided into: competition, two-stage competition, auction, request for proposals; request for quotations, competitive negotiations and other procedures. Tenders can be open or closed according to the form of holding. The open form allows everyone to participate, while the closed form invites only a limited number of participants. Such a procedure is carried out when the contract is associated with a commercial or state secret, when the number of participants in the field in which the tender is held is small, or the costs of holding an open tender are not justified. The auction notice is not subject to publication if the information constituting a state secret is contained in the documentation or the draft contract. When choosing an open or closed tender form, the organizer of the auction must rely primarily on the current legislation. There are also tenders in electronic form and in paper. In electronic form, purchases are carried out on an electronic trading platform - “hardware and software complex of organizational, informational and technical solutions that ensure the interaction of the customer and the tenderer through electronic communication channels” or by submitting an application signed with an electronic signature on email customer [GOST R 51303-2013. national standard Russian Federation. Trade. Terms and Definitions]. Features of the tender in electronic form are regulated by law and in the local acts of the organizer.

It is advisable for the organizer to competition when the subject of the contract is something technically complex, for example, design or construction works requiring highly qualified specialists, and when an important criterion is financial stability performer. In this case, qualification and quality criteria are established, according to which the tender participant who offers the best conditions for the execution of the contract is selected. During the competition, the offer price may not play the most important role. If it is difficult for the customer to formulate clear requirements, then he can hold a two-stage competition, where at the first stage the corresponding technical task will be selected, and at the second - a participant who is ready to fulfill it.

Auction should be carried out when price is the only criterion. A distinctive feature of this type of auction is that the participant can change his proposal for the price during the auction period, analyzing the proposals of his competitors. A similar procurement method, in which price is the sole criterion for selecting bidders, is request for quotations (customers may also give this method names such as request for quotation or request for quotations). However, the request for quotations is usually carried out for small amounts, because. First of all, this method is attractive due to its efficiency and does not provide for a detailed evaluation of proposals in terms of other parameters. Request for quotes may have other names - request for quotations, request for quotations .

Among others, there is such a way as request for proposals . It is not regulated by the Civil Code, as is the request for quotations. However, organizers quite often use this method. The request for proposals makes it possible to evaluate participants not only by price, but also by qualification and technical components and, after considering applications, refuse to conclude an agreement. This type tender can be used as an analysis of the current market situation in a particular area.

Another type of tenders are competitive negotiations . This type of procurement is the freest of all of the above, since the organizer actually freely chooses the best among the participants according to his preference.

In addition to the above, there are many other ways to conduct tenders: request to make offers, collection of commercial offers, price monitoring, competition with limited participation and others.

State procurements

The procedure for conducting tenders differs depending on which law governs procurement. All state tenders are regulated by federal law No. 44-FZ dated April 5, 2013 “On contract system in the field of procurement of goods, works, services to meet state and municipal needs. In such cases, the organizers are state institutions, public authorities or Rosatom Corporation. This law strictly regulates the conduct of the tender procedure, establishing specific rules for the selection of participants. In addition, there is a rigid system for planning and reporting public procurement. To participate in a public tender, it is necessary to understand a single scheme for conducting the procedure in accordance with the law. The customer is prohibited from establishing other requirements, except for those specified in Law No. 44-FZ. In addition, Decree of the Government of the Russian Federation dated October 31, 2013 No. 2019-r approved a list of purchases of goods, works, services that should take place exclusively through an electronic auction. For this, five official electronic trading platforms have been approved. The law also establishes a prohibition for customers to purchase goods of a certain brand and manufacturer, which makes it possible for a wider range of participants to apply for participation in the tender by providing various price offers. Public procurement is aimed at saving and targeted spending of budget funds, so the price will often be of paramount importance. However, the law establishes a number of interim measures, such as anti-dumping measures, application security and special requirements for a bank guarantee acting as contract security.

Purchases by certain types of legal entities (according to 223-FZ)

Tenders regulated by Federal Law No. 223-FZ dated July 18, 2011 “On Procurement of Goods, Works, Services certain types legal entities”, carried out by state corporations and companies, subjects of natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic or subsidiaries, in the authorized capital of which the share of participation of the Russian Federation or a constituent entity of the Russian Federation in the aggregate exceeds 50%. A feature of these tenders is that the customer independently develops its own procurement regulation, which prescribes the mechanism for conducting procurement and concluding contracts based on their results. The law does not define what types of tenders can be held by customers. Only the competition and the auction are indicated, but this list is currently open and the organizer has the right to come up with any methods of procurement and establish the procedure for their implementation. In order to participate in the tender, the applicant must first study the procurement regulations of the customer, then study the documentation, and only then submit an application. But even after that tenders are fraught with many difficulties. Firstly, Law No. 223-FZ defines adequate deadlines for filing an application only for a tender and for an auction, while the customer, to please himself, can hold a tender in the shortest possible time using other procedures not regulated by law. Secondly, the list of requirements that the customer can present to the participants is not clearly defined. As a result, the customer often abuses this opportunity, limiting competition and prescribing excessive requirements. Thirdly, the documentation may set immeasurable criteria for evaluating the participant's applications, and it is often difficult to determine which qualification requirements will satisfy the customer. In addition, the government provides a list of goods, works and services that must be purchased electronically. This can be any type of procurement, applications for participation in which are submitted with an electronic signature, or the procurement must take place on an electronic trading platform. The difficulty is that commercial sites a lot, and to participate, you must be accredited exactly at the site where the customer places his tender. However, there are also positive sides participation in tenders regulated by 223-FZ. Due to the difficulties that arise during the procurement process, this market has not yet been sufficiently developed, and there are not many competitors on the way to victory. Also, often the customer, due to the fact that he is not limited in establishing the method of conducting the purchase, can carry out a simple procedure for a large initial maximum price contracts.

Commercial tenders

Commercial tenders are tenders organized by any commercial structures. They choose to hold a tender for themselves, as for them it is an excellent way to economically spend their own Money. It does not legally regulate the holding of these tenders, the organizers have the right to conduct any procedures according to their own rules. Unlike the tenders listed above, regulated by the laws, the organizer does not have the obligation to place a notice of the procurement in a single information system. In addition, the organizer is not subject to administrative liability for violating the tender procedure, if the organizer's actions do not contradict the current legislation (primarily the Civil Code of the Russian Federation and Law No. 135-FZ on protection of competition).

Features of state, commercial procurement and procurement by certain types of legal entities

In general, the regulation of state and commercial tenders is aimed at saving, targeted spending of funds and the development of healthy competition. However, in state tenders, despite the strictness of the law, softer conditions are created for participants and more possibilities to participate in procurement. While commercial tenders and tenders regulated by 223-FZ, although they provide more freedom to the organizer and participant, the existing difficulties often repel potential participants, which does not contribute to the development of effective competition.

Table 1. Comparison of government and commercial tenders

	State tenders	Commercial tenders	Tenders regulated by 223-FZ
Governing Law	44-FZ, Civil Code of the Russian Federation (tender and auction only)	Civil Code of the Russian Federation (tender and auction only)	223-FZ, Civil Code of the Russian Federation (tender and auction only)
Procurement methods		Installed by the customer
Procurement procedure	Established by law, unchangeable	Installed by the customer	Established by the position of the customer, everyone has different
freedom of competition	The participant can offer an equivalent to the required product (as a general rule)	The participant is obliged to offer the required product	The participant is obliged to offer the required product (subject to antitrust restrictions)
Membership Requirements	Closed list of requirements		Each customer has their own set of requirements.
The procedure for evaluating participants' applications	Established by law	Installed by customer	Installed by position and documentation of the customer
Types of procurement in electronic form		Any procurement method set by the customer	Any method of procurement prescribed in the position of the customer
Electronic platforms	5 approved electronic platforms		Any electronic platform, such as a website

Thus, there are a large number of types of tenders: for the purchase and sale; state and commercial; open and closed and so on. The emergence of each of them is due to the specific needs of the market, respectively, has its own characteristics in the order of conduct. To date, not only the number of types of tenders is growing, but also the number of tenders themselves, new areas for the application of competitive selection procedures are emerging: the sale of state property, the choice of a tenant, the choice of subcontractors, and many others.

In times of crisis, the heads of companies are faced with the question of not only retaining the accumulated customer bases, but also attracting new ones. Most The best way– participation in tenders and various electronic auctions and auctions. A step-by-step guide will help a beginner understand this issue. detailed instructions. Within the framework of the article, answers will also be given to such frequently asked questions as what is an EDS, how public procurement is carried out, and what documents need to be collected in order to participate in ongoing competitions and tenders.

What you need to know about tenders

Basics legal regulation tenders are enshrined in civil law, as well as Federal Law No. 44 of 04/05/2013 in cases where state and municipal authorities act as the customer.

Despite the fact that the term tender is not directly enshrined in legislation, it is successfully used in business circles. Tenders are understood as all possible types of tenders held for the purpose of purchasing various goods, rendering a certain kind of services and works. The purchasing organization acts as the customer. Bidders include legal entities of any organizational form, as well as individuals and individual entrepreneurs duly registered to participate in tenders.

For auctions held by government agencies, all requirements for participants are formulated in law. If commercial organizations act as a customer, then all requirements are formulated in the order itself.

All actions related to the holding of a tender and the fulfillment of the terms of the contract in the future are united by a single term - procurement. Regardless of the objects, which may be goods, works (for example, road repairs) or services (for example, holding children's matinees), it begins from the moment of conclusion and ends only with the fulfillment of all obligations under the contract.

Types of tenders and their differences

Depending on the category of the customer, all tenders held in Russia can be divided into 2 main types:

public - the purchase of goods and services is carried out to meet state needs(customer - government bodies), while its implementation is based solely on Federal Law 44;
commercial - organizations that make purchases for their own needs act as the main customer. Such tenders are held according to the rules developed by the customer independently. At the same time, as practice shows, for the most part they are also carried out based on the principles and rules formulated in Federal Law 44 (although it is not mandatory for them).

Depending on the method of determining suppliers (performers), the legislator distinguishes:

The sole contractor, as a rule, with an existing monopoly (for example, transportation by rail).
Competitive - based on the choice of a supplier among 2 or more. This method includes:

competitions - the winner is selected among the performers according to best deals and conditions;
auction - the winner is selected based on the lower price offered for the contract;
request for proposals;
quote request.

Competitions can be closed or open, with limited participation or in without fail consist of 2 stages, and auctions can be held both in electronic form (online) and in a closed way.

Each of the considered types of tenders has its own goals and rules. The choice of the method for determining the contractor depends on the will of the customer, the object and the amount of the purchase are also taken into account.

Advice. It is best to start bidding with quotations, as the supplier is determined based on the offered price. This method involves a minimum of costs and is quite easy to learn for beginners.

Instructions for participation in tenders for beginners

Any company constantly participating in various tenders or auctions, as a rule, in its state has individual employee specializing in this area. This is due to the fact that collecting a complete package of documents, preparing a quotation and directly searching for a suitable tender takes a significant part of the time. In addition, there are organizations whose activities are related only to the preparation tender documentation for their clients.

An analysis of the legislation made it possible to determine the procedure and principles for participation in tenders and auctions both in cases with a state customer and with a customer represented by a commercial organization. It will be more convenient for a beginner in this direction to use the following step-by-step instructions:

Participation in the auction implies not only knowledge of the legislation on tenders, but also the ability to protect one's interests. Since the decision of the customer in favor of a particular supplier is not final and can be appealed to the Federal Antimonopoly Service. If the complaint is upheld, the supplier who won on the basis of the results of the auction may be recognized as violating the antimonopoly law and, as a result, the participant who took second place is recognized as the winner.

Documents for participation in the auction and requirements for them

The collection and proper execution of documents not only allows the customer to study the offer of a potential counterparty and information about it, but also the supplier to increase the chances of concluding the desired contract. The choice of the supplier is carried out on the basis of the submitted documents, so their correct filling is the key to a positive decision on the results of the tender.

The legislator for each of the methods for determining suppliers provides for the submission of a certain package of documents. Participation in an open tender is possible if suppliers provide the following documents:

containing information about the performer is full package constituent documents, an extract from the Unified State Register of Legal Entities and the EGRIP, respectively, received no later than 1 month and documents confirming the right of a particular employee to submit them;
a commercial offer containing information about the object of procurement and the conditions offered by the potential supplier;
confirmation of the quality of the goods supplied, as well as the services and works provided, confirmed by the relevant certificates and other documents (provided at the request of the customer);
interim measures, which can be expressed in the transfer of a certain amount to the customer's account or the provision of a bank guarantee.

Attention! When applying, all documents must be numbered and bound, prerequisite is their certification by the signature and seal of an authorized person.

Participation in electronic auction involves a slightly different procedure for submitting information and is due to the general rules for conducting online auctions. All documents are drawn up in electronic form, and contracts are subject to conclusion at specialized online platforms. The application itself consists of 2 parts (Article 66 of the Federal Law):

contains the consent of the contractor for the supply of a specific product, the provision of a certain type of service and may contain a drawing or drawing;
contains information about the contractor, the goods supplied or the services provided.

How to participate in the tender: video

Today, thanks to the tender system, you can find many proposals from open sources. The system allows you to monitor changes in the trades you are interested in, as well as automatically search for suitable offers and thus save time. Before deciding to participate in a particular competition, one should clearly understand what types of tenders exist, what their format is and what are the features of the conduct. We will talk about this in the article.

You will learn:

What is a tender and how does it differ from auctions and competitions.
What are commercial and state types of tenders.
How to participate in various types of tenders.
How to conduct a tender yourself.
How to recognize "contractual" types of tenders.

What is a tender

tender called competition for the ability to perform certain work, provide services or supply goods to the customer. The tender always indicates the terms of its conduct.

Best Article of the Month

In the article you will find a formula that will help you not to make mistakes when calculating the volume of sales per future period, and you can download the sales plan template.

AT regulations The Russian Federation does not give a definition of "tender" and its various derivatives (tender commission), but uses the term "competition". But in business environment everyone uses the term "tender", and therefore in this article we will also use it.

How is any type of tender carried out?

Participants submit their unique proposals for consideration by the customer, which can bring maximum benefit. Bids must fully comply with the tender rules. All information about the competition is placed in the public domain, which allows each participant to find the data of interest to him about a particular tender.

The winner in the competition is the one who, in the opinion of the customer, offered to deliver the goods / perform work / provide services on the most favorable terms. At the same time, the documents this participant must fully comply with the rules of the auction.

Competition for modern market is very high, and therefore, both in the service sector and in other areas, entrepreneurs often experience difficulties in finding a potential customer. This state of affairs explains the current relevance of tenders. Such events allow you to quickly, easily and effectively attract the attention of the customer.

Tenders provide excellent opportunities for small and new businesses to get good jobs and negotiate lucrative deals. They allow customers to choose from an extensive database of potential contractors the one who offers the most favorable conditions.

There are competitions that differ from each other by the source of funding. We are talking about international, state, municipal, federal, regional and city tenders.

Many consider the concepts of tender, competition and auction to be synonymous, but this opinion is erroneous. These terms differ significantly from each other, and the differences relate to the information provided to participants. So, the person participating in the auction has access to all the offers and prices of his competitors. The persons who participate in the tender do not have such an opportunity. In addition, bidders can change their offer after studying the offers of competitors. Entrepreneurs participating in tenders cannot do this.

As for the competition, this concept is synonymous with "tender". But, as already mentioned, the term "tender" cannot be used in official documentation. The concept of "competition" is spelled out in the Civil Code of the Russian Federation.

Main types of tenders

Public procurement.

The process of organizing and conducting tenders differs depending on the law governing procurement. All state tenders are regulated by the federal law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. The organizers here are state institutions, state authorities or the Rosatom Corporation. This law clearly defines the procedure for conducting tenders and specifies the rules by which participants are selected. In addition, there is a strict system of planning and reporting of public procurement. To participate in the state tender, it is necessary to act according to the scheme prescribed in the legislation. The customer cannot establish any other requirements, in addition to those indicated in Federal Law No. 44.

In addition, there is an approved list of purchases of goods, works and services, which should be carried out only through electronic auction. For this, there are 5 approved official electronic trading platforms.

Among other things, on the basis of Federal Law No. 44, customers are prohibited from purchasing goods from a specific company and manufacturer. Thanks to this, a significantly larger number of entrepreneurs offering proposals of different prices can participate in the tender.

The purpose of public procurement is to save and target spending money from the budget. In this regard, the price is often the most important parameter. But Russian legislation establishes certain measures aimed at preventing dumping. Among such measures, one can single out the security of the application and special requirements for a bank guarantee acting as a security for the contract.

Purchases by certain types of legal entities (according to 223-FZ).

Tenders, the terms of which are indicated in the Federal Law of July 18, 2011 No. 223-FZ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”, are held state corporations and companies, subjects of natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic or subsidiary companies, the share of participation of the Russian Federation or a constituent entity of the Russian Federation in the authorized capital of which is more than 50% in total.

Distinctive feature of these types of tenders is that the customer himself forms his own proposal for purchases. In the proposal, he prescribes a scheme according to which purchases will be carried out and contracts will be concluded based on their results. The law does not specify which types of tenders customers are entitled to organize. Designated only competition and auction. But at the moment this list is open, and the organizer can come up with any options for purchases and determine according to what scheme they should be carried out.

To participate in the tender, a potential contractor should first familiarize himself with the procurement regulations of the customer, then with the documents, and only after that proceed to submitting an application. But even after submitting an application, the applicant can expect not always pleasant surprises.

First of all, Law No. 223-FZ specifies reasonable deadlines within which you can submit an application only to participate in the competition and auction. As for the customer, pursuing his personal interests, he can hold a tender in a shorter time, using other procedures, about which nothing is said in the law.
In addition, there is no clear list of requirements that the customer has the right to present to the performers. This often leads to abuse by customers of their rights - they can limit competition and indicate excessive requirements.
In addition, the documents may indicate criteria for evaluating applicants' applications that cannot be measured. This can lead to problems with the definition qualification requirements that would suit the customer. You can download an example of criteria for evaluating bids for participation in a tender, calculating risks and present value below.

Another ambiguous moment. There is a list of goods, works and services for the purchase of which an electronic form must be used. This list is provided by the government. It can be any type of procurement, applications for participation in which are submitted with an electronic signature. Another option is that the trading platform for the purchase should be electronic. The difficulty lies in the fact that there are many commercial sites, and in order to take part in the procedure, the applicant must be accredited exactly at the one where the customer conducts a tender.

But there are also pluses of participation in the tenders indicated in FZ-223. Due to the difficulties that arise during the competition, this market has not yet been fully mastered. Therefore, the competition here is not so great, and this increases the chances of winning. In addition, due to the absence of restrictions in the choice of the procurement organization method, the customer can carry out a simple event for a large initial maximum contract value.

commercial tenders.

There are commercial types of participation in tenders. Such auctions can be organized by any commercial structures. They independently decide to hold a tender in order to economically allocate finances. The legislation does not specify the procedure for conducting commercial tenders, so the organizers have the right to establish their own rules.

The organizer may not notify potential participants through a single information system about the proposed tender. This rule distinguishes a commercial tender from procurement, which is regulated by law. In addition, the organizer does not bear administrative responsibility for violating the procedure for conducting a tender, if his actions do not run counter to the current legislation (primarily, the Civil Code of the Russian Federation and Law No. 135-FZ on protection of competition).

Generally speaking, commercial and government tenders are designed to help save money, promote targeted spending of finances and develop healthy competition. But at the same time, in state tenders, despite strict legislative norms, the conditions for applicants are softer than in commercial tenders, and there are more opportunities to participate.

As for commercial tenders, despite providing greater freedom of action for the customer and potential contractors, they are associated with certain difficulties that prevent participants from competing with each other on fair terms.

	State tenders	Commercial tenders	Tenders regulated by 223-FZ
Governing Law	44-FZ, Civil Code of the Russian Federation (tender and auction only)	Civil Code of the Russian Federation (tender and auction only)	223-FZ, Civil Code of the Russian Federation (tender and auction only)
Procurement methods		Installed by the customer
Procurement procedure	Established by law, unchangeable	Installed by the customer	Established by the position of the customer, everyone has different
Freedom of competition	The participant can offer an equivalent to the required product (as a general rule)	The participant is obliged to offer the required product	The participant is obliged to offer the required product (subject to antitrust restrictions)
Membership Requirements	Closed list of requirements		Each customer has their own set of requirements.
The procedure for evaluating participants' applications	Established by law	Installed by customer	Installed by position and documentation of the customer
Types of procurement in electronic form		Any procurement method set by the customer	Any method of procurement prescribed in the position of the customer
Electronic platforms	5 approved electronic platforms	Any electronic platform	Any electronic platform

Types of tenders and their main differences

closed tenders.

The name itself suggests that closed types of tenders are designed for a narrow audience, and therefore invitations to participate and disclosure of information about the results are not meant here. That is, the organizers personally invite each potential performer to participate in the competition.

At the first stage of the closed tender, the organizers select and send out invitations to the participants. An entrepreneur wishing to participate in a tender requests tender documents from the customer. After receiving them, he draws up all the necessary papers, clearly following the specified requirements. The participant has the right to clarify with the customer all the points he does not understand by asking questions in electronic format. The organizer must answer each question.

The customer has the right to amend the tender documents at any time at its discretion. But if he made changes to the documentation, he is obliged to inform all bidders about it.

After receiving the proposals, the customer carefully examines each and selects the contractor who, in his opinion, offered the most favorable conditions. The participant who won the tender, by mail send an invitation to sign the contract. After signing the agreement, all participants of the closed tender are informed about the victory of the selected contractor.

Closed types of tenders are used mainly when the customer is interested in purchasing goods that have specific / specific characteristics / properties, and a limited number of enterprises can supply them. In addition, closed trades can be held with a small volume general purchase. In this situation, it is not necessary to invest considerable funds in an open tender. Another option is the confidential purchase of a product.

It should be remembered that when closed types of tenders are held, purchases within their framework will certainly be coordinated with state authorities.

The advantages of closed types of trading include:

smaller volume financial investments to conduct compared to open tenders;
saving the customer's time;
confidentiality.

Open tenders.

Any company can participate in an open tender. Often, these types of tenders are used for public procurement, since there are a lot of participants in the competition and this allows you to choose the most advantageous offer.

The organizers, as a rule, notify participants about the tender through the media, as they are interested in attracting as many participants as possible.

The main disadvantage of this type of bidding is a long period of holding, as the tender commission is forced to process an uncountable number of applications. There is one more minus - the organization of open competitions requires considerable financial investments and human resources.

Specialized closed tenders.

In such types of trading there are many restrictions for participants. For example, the applicant must have a certain clearance or be a citizen of a particular country.

Specialized closed tenders are usually carried out when the exact number of participants is unclear, the work under the tender is specific and complex, and also when the performer must have certain qualifications to perform them. Only invited organizations can participate in such competitions.

Tenders held in two stages.

Such types of tenders are organized if the purchases are very complex or if non-trivial specific technical issues need to be resolved.

At the first stage, the customer develops the initial version of the terms of reference. This document becomes the basis for the preparation of initial tenders by bidders. In their proposals, entrepreneurs do not mention the cost and other commercial conditions.

Then the organizer of the auction conducts a kind of negotiations, during which he agrees on different ways of solving the problem proposed by the participants. When the negotiations come to an end, the organizer forms the final version of the terms of reference.

This is followed by the second stage - the preparation and submission of applications by entrepreneurs who participated in the first stage of the tender. In the applications, the participants indicate technical and commercial (prices, terms, payment schedules, etc.) proposals in accordance with the final terms of reference.

The customer studies all applications, makes a choice in favor of the most advantageous offer and concludes a contract with the relevant contractor.

Quote request.

A request for quotation is a process in which a supplier of goods with similar characteristics, such as office supplies, is selected. Usually, in this type of bidding, the participant who offers the lowest price wins.

These types of tenders have a number of limitations, namely:

the value of the contract cannot exceed half a million rubles;
the volume of such purchases per year should not exceed 10% of the amount of funds allocated for all planned purchases of the customer, but not more than 100,000,000 rubles per year.

Such types of tenders can be held within 12 days. To do this, the performer must provide quotation bid in a universal form. Thanks to the universal form, the customer can compare applications in a short time and decide on the winner.

A quotation bid can be rejected for two main reasons. First, if the participant offers a price higher than the initial one. Secondly, if the application does not correspond to the notice.

As for the scheme for conducting this type of auction, initially the customer often requests a certain model, and not a set of necessary specifications. Each participant writes in the quotation bid the cost at which he agrees to supply this product. The supplier is not entitled to change the cost, as in the auction. Therefore, when designating the price, this should be remembered, since the contract is concluded, as already mentioned, with the one who offers the most favorable price.

You can send a quotation request either by mail or electronically. In the second case, an electronic digital signature must be affixed to the application. The participant will be notified by mail of the acceptance of the application.

Purchasing from a single supplier.

These types of tenders are held if:

a supplier of products or services - a monopoly in the industry;
all suppliers refused to participate in the auction;
the customer himself excluded all applications.

Purchasing from a single supplier has a major feature. It lies in the fact that the contract is signed directly with any supplier that can fulfill the conditions specified in the agreement. There is no direct bidding process.

If this type of tender is carried out, the customer must reasonably explain in a documented report that it is impossible or impractical to determine the contractor in another way. In the report, he must also indicate and justify the value of the contract, as well as mention key features performer. All this is necessary to exclude corruption schemes.

Why do we need a bank guarantee and a tender loan

Any types of tenders are costly activities associated with significant financial risks especially for the customer. It is necessary to carefully prepare for tenders and not to forget about financial security, which can only be achieved through a bank guarantee. A bank guarantee is a document that confirms that if the contractor does not fulfill the conditions of the auction, the bank pays the guarantee amount to the customer. This document is issued by the bank.

A breach of obligations to the customer can be said if the contractor:

does not fulfill or performs poorly its obligations after the conclusion of the contract;
refuses to sign the agreement after the customer has recognized him as the winner in the tender;
withdraws or changes the terms of its tender offer after the deadline for submission of bids.

Tender bank guarantee allows you to participate in different kind auctions, which include tenders, competitions, auctions. In addition, it guarantees the fulfillment by the winner of the auction of its obligations under the contract. The period of its validity is limited by the moment of conclusion of an agreement between the customer and the winner, and the amount cannot exceed 5% of the amount of the future transaction.

There is a bank guarantee that ensures the return of advance payments. The winner of the tender provides it when the payment of advances or prepayments in the amount of up to 30% of the contract price is provided. In this regard, before receiving an advance payment, the contractor is obliged to present to the customer a document confirming the right of the latter to demand from the bank to pay the guarantee amount. To issue a guarantee, only the statutory documentation and materials that confirm the right to participate in the tender must be transferred to the bank.

Tender credit- this is a bank loan of a certain type, which is provided to secure an application for participation in such a form of bidding as a tender, competition and any types of electronic tenders.

At the moment, banking institutions issue tender loans of two types. The difference between them lies in the duration of the agreement with the bank. There is a loan with a revolving line of credit and a one-time loan.

A loan with a revolving credit line entitles you to participate in several tenders per year. It allows you to participate simultaneously in one competition or in several without withdrawing funds from the turnover of the enterprise. In addition, this type of loan makes it possible to participate in auctions, the budget of which is in the millions.

The following conditions apply for issuing a loan:

term - up to 3 months;
percentage from 14-21% (depending on the bank);
registration period - 9 days;
cost - 1-5% (determined by the term and amount).

Obtaining a bank guarantee is more convenient and profitable from a financial point of view, compared to a loan, since it involves financial expenses in a smaller amount, and registration takes only a few days. A participant who has resorted to a bank guarantee may not worry about how to prepare his enterprise for an audit in order to receive a loan, where to get collateral, and how to raise money to pay off the debt.

A bank guarantee is usually provided by reliable banks with an impeccable reputation. In this regard, the occurrence of financial risks for the client is minimal.

Instructions for participation in a particular type of tender

As in any other matter, it is first of all worth studying regulatory framework, which is based on FZ-44. Particular attention should be paid to the rules that set out the requirements for participants (Art. 31), as well as to take into account in what order to submit an application and how it is considered (for example, Art. 66-67 for auctions). You can find FZ-44 dated 04/05/2013 in any legal reference system of free access (for example, Guarantor or Consultant). You should use trusted sources with regularly updated regulatory frameworks.
Next, you need to check if there are any debts for various fees and mandatory payments, if the founders and accountants have been convicted, if administrative sanctions have been imposed on the organization.
Decide on the sites where tenders are held and register as a performer. To participate in the auction, you must have an electronic digital signature (EDS). To issue it, you need to collect a package of organizational documentation and transfer it to the EDS registration center in your region (you can also contact companies that professionally solve this issue).
When submitting an application for participation in any type of tender, it is also necessary to provide copies of the constituent and organizational documentation, duly certified (all types of electronic tenders require the submission of scanned documents).
Some organizers, along with other rules, also require a bank guarantee. Therefore, you need to get information in advance about which credit enterprises provide similar services and how much they cost (usually a fixed percentage of the guarantee amount).
This is followed by participation in the selected tender.

Most often, auctions are held on 5 electronic platforms (today they are the most famous):

"Sberbank-AST for public procurement": http://www.sberbank-ast.ru.
"National electronic platform": http://www.etp-micex.ru.
RTS-tender: https://www.rts-tender.ru/about/news/PgrID/634/PageID/3.
State Unitary Enterprise "Agency for State Order, Investment Activities and interregional relations Republic of Tatarstan": http://agzrt.ru.
JSC "Unified Electronic Trading Platform": https://www.roseltorg.ru.

Any types of electronic tenders are carried out according to a scheme that is much simpler than the standard bidding procedure. But this only applies to government tenders. If we are talking about private enterprises, then to find the necessary tenders, you will need to study more than one site.

There are no specialized sites for commercial tenders. But to find such a site is not difficult at the same time - there would be a desire. Search parameters are determined by the goals, the scope of the services or products provided.

Here is an example - a list of some commercial online trading sites:

"Sberbank-AST for commercial purchases": http://utp.sberbank-ast.ru/Com/NBT/Index/0/0/0/0.
"ONLINECONTRACT": http://onlinecontract.ru/.
"Auction Competition House": http://www.a-k-d.ru/.
"SETonline": https://www.setonline.ru/.
OAO Severstal: http://www.severstal.com/rus/suppliers/srm/.
"BashZakaz.ru": http://etp.bashzakaz.ru/.
"Tender.Pro": http://www.tender.pro/.
"REGION-AST": http://region-ast.center/.
"TORGI 223": http://torgi223.ru/.
"Purchasing Automation Center": http://etpcaz.ru/ and others.

How to win in any kind of tenders

First you need to soberly assess your financial capabilities. It is easiest to do this for someone who often bids. Types of tenders are different and have their own specifics. The more often you participate in different types of trades, the higher your chances of winning. You will act on the basis of previous experience, whether it is positive or negative, as well as the mistakes made.
Next, you need to correctly draw up documents for participation in the competition. About 25-40% of potential participants are not allowed to participate in tenders, because the documentation they have compiled does not meet the stated requirements. The application should not contain complex terminology, it should be written in a simple and understandable language. This document must be fully consistent with the requirements of the competition and include only those information about goods and services that are of interest to the customer.
Then there are guarantees. The customer will treat you more loyally if your tender offer includes warranty obligations. The chances of concluding an agreement with the customer will increase significantly. The presence of guarantees in the offer will play into your hands. You will be able to attract the attention of the customer and create the right reputation for your company - a business unit that you can trust.

If you are participating in a tender for the first time and doubt your abilities, seek help from professionals who already have experience in participating in such events. But even if participation in the first tender for you is not crowned with success, remember that everything is not given immediately and luck comes with experience.

Expert opinion

Andrey Medvedev,

CEO"Industrial Power Machines" company

Use aggregation systems.

We are registered on more than 40 electronic trading platforms (ETP), including commercial ones: B2B-Center, Fabrikant, TEK-Torg, ALROSA, Lukoil, etc. I recommend using specialized aggregator systems (to for example, www.seldon.ru, www.trade.su). Thanks to them, you will not miss an important tender and will not get confused in their huge number. These systems combine information about tenders from most electronic platforms in Russia and some other countries, and also provide Additional services, for example, help in the design of electronic digital signature(to certify documentation on the Internet), accreditation at various ETPs, proper preparation of an application, etc. In addition, the systems generate analytical reports and conduct marketing analysis procurement participants and market environment generally.

Read the tender documents carefully.

To participate and win the tender, you need to carefully read the terms of the ongoing purchase and correctly form an application, clearly following the instructions in the tender documents. You should work out a number of aspects, namely: the maximum cost of the contract, its security, delivery time, contract terms in case of any violation of the terms by both parties, the area of equipment delivery.

To avoid problems, you need to consider what customers require from potential suppliers. For example, contracting authorities may specify that only manufacturers or official dealers with experience in the implementation of identical projects and at least three years of work on the market. If you skip this description, complete the paperwork, and then it becomes clear that your company does not meet the established requirements, then you are wasting your time.

In addition, you need to carefully fill out the forms accompanying the application (company questionnaire, technical and commercial proposals), indicate in detail the parameters of the equipment, the quantity of products you plan to supply, the cost of a unit of goods, the total price of the application, and so on.

What and to what extent information is required is determined by the customer. Typically, forms and instructions for completing them are included in the bidding package.

Keep track of the relevance of documents and information about the organization.

Some types of tenders (commercial) involve the participation of exclusively accredited enterprises. Accreditation is carried out by purchasing enterprises. Once a year, the company is required to confirm that it is accredited. If she has all valid certificates and documents (for example, extracts from the Unified State Register of Legal Entities, certificates of no tax arrears, etc.), there will most likely be no difficulties with accreditation.

You also need to evaluate how up-to-date the documents required when applying for participation in the competition. It is very important that you always have at your disposal the most common documents, often required for submission, for example, from the Federal Tax Service. We request such documentation every month (certificate from the Unified State Register of Legal Entities, certificate of payment of taxes, certificate of fulfillment of tax obligations by the taxpayer), since the deadline for their issuance by the Federal Tax Service is 5 working days. During this time, the deadline for submitting an application for participation in the tender may expire.

Be prepared to secure the application and fulfill the contract.

Usually, purchasing enterprises conducting commercial tenders do not require financial resources or a bank guarantee to secure the application and fulfill the contract. But if such conditions apply in your case, consider a number of important points.

First. Companies that organize tenders on fair terms usually offer either to transfer funds to their bank account for security, or to provide a bank guarantee. Therefore, if you see that the organizing company limits the options for securing the application (for example, it only asks to transfer funds), be vigilant - it is possible that this is a scam.

Second. In order to attract the maximum number of potential bidders, companies that organize dishonest tenders significantly increase the maximum cost of bidding. What to do in such cases? Instruct the security service to check this enterprise. If it becomes clear that the company was registered not so long ago, it is better to bypass this tender and not participate in it.

Confirm the reputation of the company with deeds.

Trading results are often difficult to predict. Organizers can use the whole evaluation system of participants using points. AT this case criteria, in addition to price, will be such parameters as financial stability firms, experience in supplying similar products, the period for granting a guarantee for the supplied products, the term for fulfilling obligations on the basis of a contract, qualification level employees of the participating company, the availability of material and technical base, etc. business reputation participant” in the ratio of 35% to 65%.

Watch your competitors.

In recent years, there has been an increase in cases of bidding by dishonest suppliers offering low-quality equipment (mostly made in China) at a low price. There are situations when such enterprises do not comply with the terms of the agreements, after which they change entity and re-bid.

You can also encounter outright forgeries, when unscrupulous companies simply rewrite the characteristics of the equipment from the terms of reference, despite the fact that in reality they technical means go against the requirements. As a result, the winning bid goes to the dubious product offered at the lowest price.

How to organize a tender yourself

First, inside the enterprise, you need to create a list of tasks that will be put up for auction, and agree on the type of companies participating in them. Next, you need to make a decision about the competition.

Experience shows that this preparatory stage must be present if you plan to hold a tender. Thanks to it, the employees of your enterprise will better understand what the goals of the tender are.

A common understanding of the tasks of the competition by all the company's personnel will ensure a more prompt decision on all further stages of work. It would also be useful to come to a common understanding of the type and size of suppliers invited to bid, as well as to establish which type of tender is more preferable - open or closed.

Next, you need to create a "Brief" (Invitation to participate).

As part of this stage, the specialist responsible for the preparatory activities and organization of tenders at the customer enterprise sets out the goals of the project (tendering) in a single document and indicates what requirements the participants must meet.

A typical brief has a specific structure and consists of:

descriptions of the enterprise-customer;
problem statement;
description of the desired result;
requirements for bidders;
description of the application form (document criteria);
criteria for assessing applicants;
timing of the tender.

Each chapter in the application is a meaningful and functional part of the document. Of course, your business has the right not to include one or more parts in your brief. But in this case, communication and interaction with potential suppliers will be complicated.

Then you need to select the enterprises that will take part in the tender.

When the brief is formed, you can invite companies that are interested in bidding. As a rule, if a "price tender" is announced, then 3-4 organizations are invited to participate. If a two-stage "tender of solutions" is planned, the number of participants in the first stage can vary from 5 to 9. In the second stage, three companies with the most attractive proposals, according to the organizers, participate.

The fourth stage is the clarification of positions.

At this stage, the original bidding organizations will be asking you for more information in order to come up with their own solution to the problem. To ensure that the final proposals of the participants are not only personalized, but also meaningful, set aside some time for discussion. It is at this point that you will remember the reasonable limit on the number of companies participating in the tender, which was discussed earlier in the article.

If the auction is planned to be held in two stages, then after studying the preliminary application, the enterprises that have entered the second round prepare the final documentation.

Participants present their final proposals.

This stage is very important, and a formally drawn up document is indispensable here. The organizer informs the finalists that he wants to meet them. Within the framework of this meeting, representatives of the provider can convince the organizer of the unconditional correctness of their decision.

Note that if the activities within the previous stages could be carried out by one or two employees of the relevant department, then the heads of those departments who will act as your internal customers for the project are invited to participate in the final presentation.

The customer company conducts the final selection.

Upon completion of all presentations and detailed consideration of the proposals put forward, the responsible managers of your enterprise jointly make a decision in favor of a particular supplier. In some organizations, the decision is made during the meeting, the participants of which orally discuss and clarify the opinion of internal customers. In other more formal situations, a rating is made. Using the weighted average method, experts determine the final score of each of the participants.

The final stage is the announcement of the winning suppliers in the tender.

The most exciting moment for the participants. Alas, in Russia it often happens that firms that did not become winners find out about the end of the tender only when the competitor is already fully working on the project. Of course, the customer should not behave this way. During general meeting, through the media (if the type of tender is open) or individually (if closed tender) he should inform all participants that the work has been completed and the final supplier has been selected.

"Contractual" types of tenders: what they are and how to recognize them

There are special cases in the field of tenders. There is a lot of talk about corruption in this area. Indeed, contractual types of tenders are often held. Despite the fact that the tender itself is aimed precisely at eliminating the corruption component, it still exists during their conduct.

Here it is worth considering one feature of that part Russian business, where the customer is budget institutions. All their activities have been transferred to the rails of procurement, squeezed into the strict framework of the competition. Any bidder can win the tender if he correctly completes the application and documentation and offers the lowest price.

And what about other components? For example, such as the ability and ability of the supplier to as soon as possible fulfill the wishes of the client, flexibility and other features of interaction? Often, a client who has previously cooperated with a particular supplier wants the contract to go to him, since it is proven and reliable, and fully meets all the requirements. But if a tender is held, it is possible that the contract will have to be concluded with an unknown (for the customer) enterprise, and there is no guarantee of comfortable interaction with it. In other words, winning a tender based on the price component does not give the buyer a guarantee of an impeccable interaction in all respects. In addition, the buyer cannot be sure that the supplier will fully meet the requirements.

In this regard, it is often possible to find contractual types of participation in tenders, when the buyer throws all his efforts into creating a formal environment in which it is difficult for other participants who have not received approval in advance to win. Note that this does not always indicate a corruption component, the presence of bribes, kickbacks, etc. But it is also not worth taking part in this type of tender. The exception is when your business has received prior approval.

It should be noted that commercial structures almost do not conduct contractual types of tenders. The enterprises' own funds are involved there, and the organizers control all tender parameters much more strictly. The purpose of bidding in business is to find a supplier with the most favorable conditions, and the approach to the procedure itself is more flexible here. In other words, commercial structures there is no need to hold tenders “for show”. In the case of them, a rational and logical approach applies. However, here, too, situations are known when employees commercial organizations there was an interest in gratitude from suppliers for "assistance" in concluding contracts, and, on the contrary, when unscrupulous customers put performers in an unpleasant position after working out part of the contract, when they did not transfer payment for products or services.

Consider such types of tenders as state procurements in terms of corruption. Here corruption is the most frequent phenomenon.

Here are clear signs of public procurement conducted on dishonest terms:

the terms of the TK are confusing, unclear, incomprehensibly spelled out, contradict each other;
deadlines are minimal, and it is clearly impossible to complete the task for them (every businessman knows his own field of activity and can understand what deadlines can really be met and what not);
the price of the contract is too high, and at the same time a very strange specification of requirements for the supplier;
there is a condition according to which the application must be accompanied by an already completed part of the work;
in the tender history of the customer there are contracts, the number of enterprises in which is quite limited.

All this indicates that the buyer seeks to "weed out" unnecessary potential performers. Sometimes these types of tenders are held for show, and the selected contractor has been working on the project for a long time. To join the fight in such cases is only a waste of strength, time and money. No, of course, there is an opportunity to appeal the results of the competition and submit an application to the FAS. But it makes sense to join the fight only when the enterprise has already participated in similar types of tenders and there are competent specialists on staff who are able to defend its rights.

Information about experts

Andrey Medvedev, General Director of Industrial Power Machines. Graduated from Yaroslavl State University them. P. G. Demidov. He worked at the Yaroslavl motor plant "Avtodiesel". In 2005, he became one of the initiators of the creation of the PSM engineering group. (“Industrial Power Machines”), in which, since its foundation, he has held the post of commercial director. Since 2012 - CEO. "PSM" ("Industrial Power Machines") is a company whose field of activity is mechanical engineering, engineering, metalworking, production of special power and pumping equipment based on diesel engines. Founded in 2005. There are 250 people on staff. The company's turnover in 2014 amounted to 1.5 billion rubles. Official site - www.powerunit.ru