How does the tender work? Tenders and public procurement: what is it, main points

Khomenko Alexander Nikolaevich,

Commercial Director

In this article, we want to dwell on the main features of the tender procedures when choosing contractors for construction and installation work, which we encountered when organizing more than 30 tenders for our clients, acting as a technical customer.

It must be remembered that the selection of a contractor for a project is perhaps the most important task after the financial model of the project has been approved.

The stricter and tougher your procedures and conditions in the selection of applicants, the higher the chances of the project to succeed.

By setting high evaluation criteria from the very beginning, you greatly reduce the risk of project failure due to negligence of the counterparty during its implementation.

Large companies, as a rule, have their own tender departments that organize tender procedures based on accepted corporate standards. Small or project investment companies can tender depending on the project need, but both the former and the latter have to deal with the same sequence of steps.

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The first step is "Formation of tender documentation and terms of reference".

The very first stage is the most important, it essentially determines how successful the tender will be. When compiling tender documentation and terms of reference, it is better to be guided by the principles of maximum detail, unambiguous interpretation of the wording, and completeness of the requirements for potential bidders.

Terms of Reference should not be "mutually exclusive" or "jointly exhaustive".

It should contain everything that potential applicants need to know in order to form their own price offer At the same time, it is necessary to ensure that the requirements of the tender documentation are not ambiguous.

A lawyer and an economist are needed to draw up the tender documentation, and to develop a technical assignment, one cannot do without a project manager and specialized technical specialists, depending on the characteristics of the types and types of work. A very common mistake is that the technical part is assigned to the same lawyers and economists who prepare the tender documentation. The result is good tender documentation and a very superficial terms of reference, construction in accordance with which is impossible without constant changes that affect the final cost of the object, and this is the main risk of any project.

The first section of the tender documentation is usually a list general characteristics object. Its name, purpose, location, size, terms of implementation, information about the customer and investor of the construction, a brief explanatory note on the available set of initial permits, in accordance with which the construction will have to be carried out.

Next, it is necessary to specify the terms of the tender, the start and end dates for the submission of tender proposals, the exact address and time of submission of proposals, the procedure for obtaining additional explanations if any of the applicants, as well as the procedure for canceling the tender.

An important aspect is the legal positioning of the tender, whether it will be a public offer in accordance with the norms of the civil code, that is, it will be mandatory for the conclusion on the specified conditions by the customer, or not.

The offer is made as a rule in relation to the purchase of a homogeneous product, where the quality characteristics are strictly defined and the only criterion is the price of the purchased products. When purchasing services, the tender is informative in nature, the terms of which can be changed at the discretion of the customer and the conclusion of an agreement with at least one applicant on the announced conditions is not mandatory.

One of the main sections of the tender documentation contains the qualification requirements for potential participants. Here you need to describe in great detail the requirements for the applicant in terms of it:

Experience: how many objects of a similar type and purpose should be completed or under construction; in what regions and in what terms they should be implemented; size and cost of constructed facilities;

Personnel: how many employees and what qualifications they should be, the profile of their education, the availability of diplomas, work experience, the availability of the necessary permits, certificates, permits for certain types of work, advanced training, etc.;

Equipment and material and technical base: type and quantity necessary equipment, availability of production and storage facilities, supply contracts necessary materials availability of service contracts for the maintenance of existing equipment;

Licenses and permits: SRO permits for design and construction and installation work, if necessary, a license for work at cultural sites or specially protected sites where a FSB license is required.

Also in the tender documentation it is necessary to prescribe quantitative and qualitative criteria for evaluating the application.

In most cases, such criteria are price, quality, terms of service provision, as well as the size and duration of warranty obligations.

Depending on the preferences of the Customer, the cost factor can account for 30 to 70 percent of the total evaluation of each offer. The remaining interest can be divided between quality criteria, terms and guarantee. For example, 100% of the total evaluation of proposals can be distributed in the following proportion - 50%/20%/20%/10%.

Further, each of the applications is evaluated in accordance with the specified criteria. Suppose the bid with the best, that is, the lowest, price in the above formula, will receive the maximum number of points for this criterion, i.e. 100 points, which, accordingly, will allow her to score the maximum 50% of the total score.

Then the application will also be evaluated according to each of the other criteria, among which are the maximum experience (implemented projects, personnel, equipment), minimum delivery times, maximum warranty obligations. Applications can be evaluated relative to each other or relative to the maximum/minimum requirements set by the Customer. By summing up the scores for each of the criteria, the overall score of the application is determined.

One of the main sections of the tender documentation is a draft contract for the provision of construction and installation works, but we will talk about this in more detail in the next article "Stage 3. Contract or legal shield of the customer."

In the section related to the terms of reference must be:

Directly the technical task itself, as detailed and detailed as possible. Feasibility Study, project documentation, which received a positive conclusion of the examination, a building permit, working documentation. The more the customer has advanced in the preparation of documents required for construction, the more accurately it is possible to set the criteria for selecting applicants for construction and installation works;

Detailed work schedule, broken down into certain types and stages of work;

Consolidated statement of volumes of work, which determines the types and volumes of construction.

The second step is "Notification of potential bidders about the tender and initial evaluation of proposals."

The customer can conduct an open tender for the most open circle of participants or a closed tender for those companies that have previously been accredited or simply selected by the customer based on a preliminary assessment of applicants.

In any case, it is important to notify everyone as widely as possible about the tender procedure by sending invitations or posting information about the tender on one of the open electronic platforms (B2B-center, Fabrikant, GPB).

The more participants come, the more competitive the tender will be, and, accordingly, the more favorable conditions the customer will be able to receive from suppliers.

After all applications from applicants are collected, they must be initially evaluated in order to narrow the circle of potential applicants. It is necessary to "weed out" those applications that clearly do not meet the quantitative and qualitative criteria and leave 3-4 most adequate applications in terms of price / quality / terms.

Such applications need to be dealt with more seriously.

Anything can be drawn on paper. Even notarized documents do not give any guarantee that the information provided by counterparties is true.

The third step is "Real assessment of tender proposals". A formal assessment of each of the criteria is necessary, but much more important is the analytical work that needs to be done to select the best contractor for the job.

When evaluating experience, it is important to pay attention to the following aspects:

Does the bidder have a successful track record of completing and handing over objects that have similar characteristics to what the customer is planning to build. No need to give anyone the opportunity to learn from you, it will cost you a lot. Several previously completed projects significantly increase the contractor's chances of meeting the construction budget, maintaining quality and completing the work on time;

It is important to have built objects in the region where you are going to build. Building sector highly regulated, in order to quickly resolve emerging problems, the contractor needs to constantly communicate with local supervisory authorities and it is better if all these connections were already built by him earlier - the Varangians are not liked anywhere;

It is imperative to make an on-site inspection of the objects previously implemented by the contractor, see them with your own eyes, talk with his former customers, hear their feedback about the contractor;

Separately, it is worth asking how the operation of previously commissioned facilities is going, how many warranty cases were identified during the first 1-2 years of operation, and how conscientiously and promptly the contractor fulfilled its warranty obligations;

It will not be superfluous to get recommendations for specific project managers, engineers and contractor foremen. In any company there are responsible and irresponsible employees; it is important that it is the contractor's professionals who work with you on the contractor's side.

The same applies to checking the material and technical base. Any company can "draw" the availability of the required people, equipment, equipment, licenses. You need to make sure that all this really exists.

You need to go to the office of the contractor, see his production base, visit the warehouse.

For machinery and equipment, you need to check the documents confirming their purchase, the original passports of technical equipment and registration certificates. If machinery and equipment were purchased on credit, then it is necessary to talk with a bank or a leasing company to find out how timely the contractor's credit obligations are fulfilled.

For employees, it is better to see with your own eyes copies of diplomas, necessary permits, certificates, documents on advanced training.

On licenses and permits: it is necessary to make inquiries to the authorities and institutions that issued such documents in order to obtain confirmation of their authenticity and validity.

The next important step is to conduct a comprehensive due diligence of the supplier's legal and financial integrity. For this it is important:

Check the presence of litigation on the website of the arbitration court, as well as the presence of enforcement proceedings against the counterparty on the website of the bailiff service. The very presence of ongoing lawsuits is not a "black mark" for the contractor, but to get clarifications from him and evaluate potential consequences a particular outcome of the trial for your project is necessary. The same verification must be carried out in relation to the general director and founders of the contractor. This will help you find the "skeletons in the closet" of your future counterparties, if they are there, of course, and avoid huge financial losses caused by the dishonesty of counterparties. In our practice, there was a case when a project with a budget of 250 million rubles. was frustrated, the contractor simply disappeared, and then it turned out that 8 enforcement proceedings had already been opened against the general director of the contractor by bailiffs, for a total amount of over 15 million rubles. for non-payment of taxes and other payments to the budget. It is better to know such facts in advance.

Verify financial condition and relationships with tax authorities. Is the accounting and tax reporting? Is the counterparty in the process of reorganization or liquidation? Do you have any outstanding taxes and fees? Does the counterparty have loans, lease obligations, overdue receivables or accounts payable? All this information is now open and available on the websites of the Federal Tax Service, the State Statistics Committee, Arbitration Court, FSSP. If necessary, you can conduct an additional check using paid resources, such as SKB-Kontur or SPARKS.

Distinctive feature construction companies in Russia is "patching" the financial holes of past projects at the expense of advances received on new projects. The contractor can live like this for years, shifting resources from one basket to another, provided, of course, that he has sufficient income from new projects to cover the miscalculations and mistakes of the past. If there are not enough new orders, and past projects have brought losses, then the contractor is likely to go bankrupt, having spent the advances received from you. Such situations are now occurring one after another, even with the most big companies(Mirax, NPO Mostovik, Kosmos, SU-155, etc.) that had access to direct bank financing, what about medium and small companies? Therefore, it is important to carefully analyze the current financial position counterparty, evaluate the profitability of its past projects and the sufficiency working capital to fulfill obligations to you. It is equally important to analyze on a monthly basis whether the contractor spends the money received from you only for the implementation of your project, whether he does not “plug” financial holes at your expense in other projects.

Last, but one of the most important, is the willingness of the contractor to work and give due attention to your project. Winning a tender and building an object are not the same thing. It is important to evaluate the workload of the contractor and the share of your project in the portfolio of his orders. If this is a small contractor and your order will be more than half of his revenue or even all, then there is a high risk that the contractor simply cannot cope or will regard you as the only chance to make money, with all the sad consequences for you. If it will be a very large contractor whose share of your project will be less than 10% in his portfolio of orders, then waiting for him to give due attention, prompt response to your questions and comments, response to your demands to replace certain people on the project will be extremely hard. Even worse, if it is a major contractor whose portfolio of orders is empty, in this case only trouble can be expected. We believe optimal performance with an average contractor, one for which your project will be one of 3-4 priorities for him; then you will receive both professionalism and due attention to you and your money. On the one hand, the contractor will value you as a client, and on the other hand, he will have sufficient experience and resources to implement your project on time, observing the required level of quality.

In conclusion, we want to note that the choice of a contractor is always a search for the most suitable combination of factors such as price, quality, and timing. In construction, you can maximize the result only on two factors at the same time. It is possible to build quickly and efficiently, but only expensively, with cheap and fast construction, you will certainly lose quality.

Therefore, the cheapest contractor is not always the most the best choice: problems with it can have a much stronger impact on the implementation of the project than the initial cost savings.

Mistakes in choosing a contractor can lead to a project being implemented poorly, slowly, and expensively. To prevent this from happening, it is important for customers to learn how to effectively conduct tenders and select contractors. Equally important is the signing of such an agreement with a contractor who will protect your interests during the construction period like a shield in battle. This will be discussed in the final article from this series - "Stage 3. Contract, or the legal shield of the customer."

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Finding a reliable supplier in a tender is no more difficult than finding a match on Tinder. There are not many mistakes you can make. I will list the main ones and explain how to avoid them.

Don't work blindly

Example: A buyer from a large manufacturing company conducts tenders manually. He calls partners to find out the current prices, finds several new suppliers on the Internet and sends them requests by mail. A few days later, the buyer selects the five best offers and calls the suppliers again to bargain. And then again and again - until you get the desired price.

What's wrong: This approach has three disadvantages. Firstly, the purchaser covered far from all the suppliers that are on the market. Secondly, he did not create a competitive environment - suppliers do not see the best offer and are reluctant to bargain. Thirdly, with this approach there can be no common understanding of the rules of the game.

How to: To organize purchases, you need to select tender platform and collect offers through one communication channel - Personal Area.

Choose your site carefully

Example: The purchasing director of a chain of restaurants from Yekaterinburg registered on the federal tender site for a weekly purchase of vegetables and fruits in the amount of 100,000 rubles. Instead of a flurry of applications from regional and local suppliers, I received two.

What's wrong: Firstly, large suppliers usually participate in tenders at federal sites. Therefore, they either turned out to be uninteresting in the volume of purchases, or they do not have production in Sverdlovsk region. Secondly, very often there are simply no local suppliers on such sites - presence on them is quite expensive.

How to: To select a tender site, you need to study the list of suppliers and make sure that there are suitable ones on it. You also need to compare the volume of your purchases with the cost of the supplier's presence on this site. If the amount of expenses is more than 1% of the potential transaction, it is hardly worth registering.

Keep the old suppliers

Example: The purchaser of a manufacturing company placed a tender on one of the major trading floors. I called the current suppliers in advance, invited them to register and take part in the auction. I expected to receive offers from at least seven companies, but received from two.

What's wrong: Firstly, the purchaser did not foresee that suppliers would not want to offer their goods through tenders. For them, this means a guaranteed reduction in price and, possibly, income. Secondly, he did not say that now he will only buy from those who participate in online auctions. So, soon suppliers will start calling again with offers.

How to: In order to transfer suppliers to the tender site, the buyer must send official letters to the heads of partner companies, describe the new procurement conditions in them, call several times with a reminder of online bidding, and also find backup options for the delivery of goods if no one takes part in the first bidding .

Do not hurry

Example: The purchasing specialist at the plant launched a tender for the supply of butter and received bids from current and new suppliers. The best price was offered by a company with which the plant had not previously cooperated. He immediately made a deal with her. As a result, I waited for the delivery for two months, but it never came.

What's wrong: The buyer made a big mistake - he moved away from internal rules factory for work with suppliers. This means that he did not take into account that he can only purchase goods from those who have already provided documents confirming financial stability and brought a consignment of goods for evaluation.

How to: One of the current partners who offered the best price should have been nominated as the winner of the tender. After that, the buyer had to request documents and samples from the potential supplier. If he passed an internal check, you could start buying goods from him from the next auction.

Avoid bureaucracy

Example: The CEO of a large trading holding decided to purchase products through tenders. Having seen enough of colleagues from state corporations, where the organization of this procedure requires the preparation of a large number of documents, he introduces the same ones. Including asks the buyer to generate a letter of notification, an analytical note and a summary table personally for each potential supplier and coordinate all stages of the purchase with the financial and legal departments.

What's wrong: The buyer has no desire to conduct a tender. It is easier for him to call one of the current suppliers and negotiate a suitable price. And when the time comes to explain why the auction is not held, he will definitely come up with something. For example, he will say that the goods in the warehouse were running out, they informed about this late, but it was necessary to buy urgently.

How to: To avoid this, CEO must determine what exactly the company is holding tenders for. If to reduce the price, then a large number of documents is not necessary at all. It is important to fix only three points in them: the terms of delivery, the applications received and the criteria for choosing the winner.

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A tender is a competition for the performance of work or the provision of services, in which the customer of works or services selects the most optimal and also the lowest in price from numerous proposals. In the modern world, tenders are usually held in electronic format. This largely automates the process and allows you to expand the number of potential executors, making the procedure convenient and transparent.

Any entity can participate in tenders economic activity, regardless of the organizational and legal form. It could be like Russian companies, as well as foreign ones. If we talk about customers, then, for example, state institutions and the authorities are required to tender all the works and services they need to produce. Therefore, for this category, the question of participation in tenders is not worth it.

If we talk about a commercial customer, then the competitive procedure is beneficial for him due to the fact that he gets the opportunity to choose the highest quality contractor at an affordable price. For performers, the benefit is less obvious, as forces them to lower their prices. However, there are also positive aspects of tenders for contractors. For example, they are aimed at creating a level playing field, which makes it possible for newcomers to advance.

On the other hand, a significant part of the tenders are held imaginary, i.e. in conditions when the final decision of the customer is known to him and the contractor in advance, while the competition itself is formalized to comply with certain norms and rules.

Despite the existence of such a practice, in general, tenders are one of the most democratic procedures that allow you to play against major contractors, naturally preventing the monopolization of the market.

For example, state and municipal authorities are required to place 10% to 20% of their orders per year with small businesses.

The tender begins with the announcement of the placement of a competitive order: in print, electronic, video and audio form. Contractors should familiarize themselves with the terms and conditions of the tender.

After that, interested contractors submit applications for participation in the competition, as well as documents, the set of which differs little from the profile of the tender order:

Copies of the charter and constituent documents performer, or passport pages if the performer is an individual entrepreneur.
Copies of certificates of state registration economic entity and tax registration.
Extract from the Register of legal entities or individual entrepreneurs.
Documents on the availability of work experience in the profile of the tender order.
Copies of documents on the appointment of persons representing the contractor in the tender.
Copies of balance sheets.
Certificate from the tax authority on the absence of arrears in payments to the budget (mandatory when participating in a public procurement tender).

To participate in tenders for electronic platforms required:

Get e-mail digital signature(on flashcard).
Be accredited to participate in government tenders.

The essence of the tender is the submission of bids. Applications must be secured with own funds, a tender loan or a bank guarantee in the amount of up to 5% of the amount of the proposed contract. After collecting all applications, i.e. after the end of the period for accepting applications, the tender commission opens the envelopes with documents, familiarizes and analyzes the information. Conclusions are formed for each application.

Those who disagree with the decision of the commission, if there are grounds for this, may appeal this decision to the Federal Antimonopoly Service.

Participation in construction tenders can only be accepted by organizations that comply with the following conditions:

The organization has a certificate of admission to construction and design work in accordance with norms and standards self-regulatory organization(SRO) - the so-called SRO admission.

Experience construction works, which is confirmed by the entered buildings, as a rule, in the amount of at least 25% of the initial tender cost.

The application for a construction tender must include:

The technical part of the tender proposal, which describes the construction site, plan, utility system, architectural and building characteristics, etc.

The commercial part of the tender proposal, which contains estimates, pricing, terms and conditions for the performance of work.

The construction tender can be two-stage: in addition to the technical and commercial parts of the application, the design part is submitted at the second stage. This allows you to better evaluate the proposed methods and technologies, the conditions of execution.

The application is considered by the tender committee, which includes construction specialists. The evaluation of the tender proposal is influenced by factors such as:

reputation of the contractor.

Availability of completed objects.

Work experience.

Public procurement is carried out in accordance with federal law No. 44 and exclusively on five electronic trading platforms, the most famous of which is " Automated system trading" of Sberbank.

Apart from competitive placement orders, public procurement can be placed in the form of an auction, as well as in the form of a request for quotations from a single supplier on the commodity exchange (i.e. without a tender and an auction).

Any organizations and entrepreneurs are allowed to participate in public procurement tenders, while certain conditions must be met:

It is necessary to have an electronic digital signature, which is issued by an authorized body.

It is required to obtain accreditation to participate in public procurement tenders.

It is necessary not to have debts to the budget.

Accreditation for participation in the tender is obtained by filling out the relevant application in electronic form with the attachment of electronic copies of constituent documents, passport pages for individual entrepreneurs, tax and other documents that may be requested by the operator of the electronic site.

For electronic public procurement tenders, a tender security requirement also applies. For this purpose, funds in the amount of up to 5% of the cost of the tender in which the contractor participates are automatically blocked on the contractor's settlement account.

The decision on the choice of the contractor is made according to the general rules by the tender commission. The decision can be appealed to the FAS.

Among the representatives various organizations and enterprises, you can increasingly hear about such a term as “tender”. However, few people know that it is this set of measures that helps some companies to look for other contractors with maximum benefit for themselves. We will tell you more about what a tender is and about all the nuances of its conduct in our article.

Brief background about the tender

About such a concept as a "tender" for the first time they started talking in America during the end of the Second World War. It was the Americans who came up with the idea to develop a system of tenders. A certain share in this was played by the fight against corruption. As it turned out, a lot of money ended up in the pockets of dishonest officials and was not used at all for the needs of the public.

In Russia, they learned about what a tender is a little later, closer to the harsh 90s. However, most business leaders did not seek to take advantage of successful innovations, since they had not yet had time to really understand everything.

In addition, at that time, the spirit of nationalization reigned in the cities and prevented them from understanding the essence of the issue. But time put everything in its place, and they started talking about tenders in earnest. So what is it and what can it be used for?

"Hu from hu", or what constitutes a tender

What is a tender can be learned from the literal interpretation of this word. From English "tender" is translated as "bargaining" or "competition". In other words, this concept implies a kind of conditional competition between suppliers of goods and services in order to attract the most promising customers. Moreover, this competitive struggle takes place taking into account the rules specified in the regulations of the company organizing it.

Several features of the tender

Like any competition or event related to bidding, the tender has a number of its own characteristics. For example, all information relating to a particular financial event, as a rule, is in the public domain and is as transparent as possible. Only the participant who, in the opinion of the customer, provided the most attractive services or profitable goods, can win in such a peculiar competition.

In turn, private or state companies who are interested in tender bidding. Unlike a commercial structure, state organizations organize the event at the expense of the budget, and not at the expense of sponsors.

To participate in the auction, you must submit an application for consideration by a special competitive commission. And, finally, this action has its own standard, consisting of three parts: an auction, a tender, and a request for quotations.

Where can auctions take place?

Most trades are usually carried out on special virtual platforms. At the same time, their choice depends on the type of activity, needs and experience of the future participant who wants to win the tender. Electronic trading floor in turn serves as a starting point for organizers and providers of services and goods.

On the expanses of this Internet resource, which actually acts as an intermediary between the seller and the customer, specialized electronic auctions are held, online transactions are carried out and full-fledged training for beginners is carried out. A prime example is the RTS platform.

RTS-platform: what, where and how?

"RTS-tender" is an electronic trading platform that has existed since 2010 and allows you to make purchases for the needs of municipal and state importance. According to its regulations, the following persons are involved in the auction:

customers;
site operators;
representatives of the specialized authorized body authorities;
service and product providers;
independent registrars;
representatives of regulatory and inspection bodies;
certification center staff.

"RTS-tender" (electronic platforms of this type belong to platforms of federal significance) contains separate tabs on the rules of bidding, gives advice to beginners and provides a range of services for customers and contractors.

For example, buyers on the portal are offered full legislative framework related to trading, allow you to use analytics to monitor all e-procurement by region.

For sellers, the RTS-tender platform gives them the opportunity to get accredited and find a suitable customer. By the way, the customers themselves are provided with a free verification of the supplier immediately after they go through the registration procedure and place an application for the organization of tenders. At the same time, they have the opportunity to track the status of a possible counterparty throughout the tender.

How does tender lending work?

In addition, the site has tender lending, which allows the customer to participate in a large number of auctions, which increases his chances of winning the auction. To apply for it, you just need to enter the page of the auction you are interested in and click on the link "Application for a loan".

After that, the RTS-tender portal will automatically redirect you to your personal account to fill in the required electronic form and secure it with a virtual seal.

How is bidding carried out?

Prior to the tender, a series of preparatory activities helping to protect all bidders. In particular, the client firm collects an independent commission, whose members have the necessary knowledge to analyze the subject or object participating in the tender. They help to control all stages of the auction.

Further, information about the upcoming auction, taking into account the package of documents required for participation, appears in the media and on electronic platforms. At the same time, all comers submit applications, each of which is considered and entered into a single list of participants and a special journal. After that, all potential applicants are registered and their proposals are considered. Based on the results of the auction, the winner is announced, whose name also falls into public sources.

What documents are needed to participate?

To participate in the tender, you must provide the following documents:

an application and a questionnaire indicating basic information about the service provider or seller;
offer;
an explanatory note (as a rule, calculations are made in it and deadlines are indicated);
lists of possible subcontractors necessary for the further implementation of the contract.

What documents are provided for the customer?

When participating in a tender, the customer must provide commercial and technical documentation. In this case, in the first case, he must comply with the following points:

describe the bidding object itself;
provide detailed information about the requirements for applicants;
describe the terms of the future contract;
provide all participants with an open information card;
indicate the procedure for submitting bids for bidding.

In the second case, the customer describes the cost that suits him, the payment schedule, payment details and proposed financing options.

What types of tenders are there?

Conventionally, tenders can be divided into five types:

open type;
closed type;
two-level;
tenders involving the request for price quotations;
tenders involving tenders with purchases only from a single supplier of goods and services.

Opening of the auction: what is it?

Open tenders involve the participation of all willing suppliers and are distinguished by healthy competition, openness and maximum transparent terms. Details and conditions of the competition can be found in the press and the Internet. Also detailed information the time of the event, the participants and the rules for submitting applications can be obtained from the virtual tender platform (the electronic platform where the tenders are held).

What is a closed bidding type?

Closed auctions provide for the participation of a strictly limited number of participating companies that own certain license. Such a competition, as a rule, is held when it is necessary to sell or order specific products or services. For example, a closed tender is relevant during public procurement of products necessary for the needs of the defense industry.

What is a two-stage tender and request for quotation?

Two-stage tenders involve the organization of complex purchases or the resolution of specific technical issues. And, based on the name, such auctions consist of two stages: first, basic bids are submitted without specifying details, made on the basis of a primary task from the customer; then, the application is resubmitted, but taking into account specific prices, terms and schedules.

When requesting quotations, the customer, as a rule, selects suppliers based on their identical features. For example, he can choose between several firms providing clearing services. The winner in such a tender is the supplier offering its service at the lowest price.

When is it possible to purchase goods and services from one seller?

Procurement of goods and services from one supplier is possible in such situations:

when the seller is an exclusive representative (monopolist);
in case of refusal of other participants of the auction;
in case of exclusion from trading of all bids, except for one.

Unlike other types of tenders, in this case there are no auctions. If there is only one supplier, a simplified system of making a deal occurs, ending only with the signing of a contract by both parties.

Now you know exactly what a tender is.

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 also 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, providing certain types of services and works. The purchasing organization acts as the customer. Bidders include legal entities 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:

state - 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:

contests - the winner is selected among the performers according to the best offers 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 in electronic format(online), as well as 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 that constantly participates in various tenders or auctions, as a rule, has a separate employee in its staff who specializes 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 of 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 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 the tender according to the results of the auction may be recognized as violating antitrust law and in the end, the second place winner is declared 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 selection of a supplier is carried out precisely 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 open competition possible upon provision of the following documents by suppliers:

containing information about the contractor - this is a complete package of constituent documents, an extract from the Unified State Register of Legal Entities and Unified State Register of Legal Entities, 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 supplied goods, as well as the services and works provided, confirmed by the relevant certificates and other documents (provided at the request of the customer);
provisional measures that can be expressed in the transfer a certain amount to the customer's account or by providing a bank guarantee.

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

Participation in electronic auction suggests a slightly different order for submitting information and is due to general rules conducting online auctions. All documents are drawn up in electronic form, and contracts are subject to conclusion on 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.