What types of trades are there. What is the tender process

Speaking of state of the art, in which the classification of tenders is, it is worth highlighting the main reasons for which it is carried out - this is the composition of the contestants, the number of stages of the tender procedure, as well as the specifics of admission to the tender.

According to the composition of the contestants, all tenders are divided into:

Open. Absolutely all companies and enterprises related in their own way have access to them. professional activity to the very area in which there is a need to fulfill this order. The organization of these tenders is subject to public announcement, which is implemented by placing notices in various media. As a rule, there are a large number of applicants for participation in open tenders, which makes it possible to obtain more favorable contract terms.
Closed. A limited number of organizations participate in the competition - as a rule, these are fairly large-scale companies or groups of companies.
With limited participation. When organizing this form of tender, the customer sets a set of requirements that the contestants must meet. Among them may be a specific country, the presence of a certain qualification level and many others. others

According to the number of stages, tenders can be:

One-stage - pass without negotiations; an application is submitted simultaneously for becoming a member of the contestants and for winning the tender. After passing one stage, the winning company is determined.
Two-stage - imply the preparatory and main stages. At the first stage of the tender, the contestants put forward technical proposals without specifying specific prices. The second stage marks the selection of the most advantageous offers, often correcting certain points tender documentation and, finally, voicing the financial aspect - the price of each proposal. At the end of the second stage, the winner of the tender is selected, a contract is drawn up and signed by both parties. But, it is worth saying that such a long and painstaking process is carried out infrequently - only when drawing a tender for some very expensive and / or specific product / service.

According to the specifics of the permit:

1.General admission procedure
2. Admission procedure, providing for a preliminary selection according to the level of qualification.

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

The main events of the tender market in July
23.07.2019

Find out which vendors need to prove their credibility. As well as new list banks that open special accounts for procurement participants.

Tender CRM System: Breakthrough BiCo Technology
29.03.2016

BiCo Group is actively preparing for the launch of a unique tender system, after which, according to the creators, participation in tenders will move to a qualitatively new level. Talked about the development CEO BiCo Group Alexey Orishchenko.

If we turn to the definition in the international dictionary, then in literal translation this concept means a commercial competition. From which we can conclude that any procedure for identifying the best participant on a reimbursable basis may be called a tender. A huge number of so-called goverment tenders are taking place on the international market, and Russia has concluded agreements with some countries international agreements. Accordingly, Russian legal entities can participate in tenders on an equal footing with local rights, for example, in

In Russia, tenders are implemented in two main forms:

purchases;
bargaining.

The difference lies in the essence of the procedure: when the customer needs to satisfy his need for the normal life of the company, he makes a purchase. The reverse process for the alienation of existing property is called bidding.

More about procurement

The most popular are public procurement within the framework and procurement by certain types of legal entities (). At the same time, it is necessary to say about the state defense order to ensure the activities of law enforcement agencies. Such activities are regulated.

Recently, large commercial companies are adopting experience from budget institutions and more and more host their own . And the last, rather young type, is procurement under Government Decree No. 615 of 07/01/2016. It regulates the procedure for attracting contractors to carry out major repairs.

Thus, in healthy competition, budgetary savings and working capital within commercial organizations.

All public procurement and orders under 223-FZ are placed in.

Created to place state defense orders.

At the same time, commercial legal entities, as a rule, use the functionality electronic trading sites and place corporate orders right on them.

Orders are also placed on the ETP at the choice of contractors for PP No. 615.

Basically, purchases differ among themselves according to three main criteria:

What is the status of the customer (for example, certain types legal entities - 223-FZ).
What funds are being spent (for example, budget funds under 44-FZ).
Specialization of the sphere (for example, overhaul or state defense order).

More about auctions

One list to list all the auctions that take place in Russia, it is impossible. This cohort can also include bankruptcy auctions (competitions) (when property is purchased from an organization declared bankrupt by a court decision), and the sale of confiscated and arrested property. Quite often housing stock is for sale local government, as well as a significant share is occupied by auctions under the civil and land codes.

There is one system that combines a large number of trades, but not all. This is the gov ru trading system.

On this site you can find information about the sale of land or privatization municipal property(178-FZ), as well as auctions are placed here by order No. 67 of the Federal Antimonopoly Service (FAS) on holding tenders or auctions for the right to conclude contracts:

rent;
free use;
trust management of property;
other contracts.

As a result, there is a transfer of rights in relation to state or municipal property.

As a conclusion, we emphasize that the concept of "tender" is multifaceted and cannot be associated only with public procurement.

Video: what are the tenders

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% public procurement intended for small businesses.
to participate in the auction, you do not need to drain the budget for advertising;

talking in simple words, 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 a share of 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 the provision of all participants equal opportunities, which is real only 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.
The results of electronic trading cannot be faked, and custom tenders are visible 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, a closed competition will be organized 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.
Limited Contests. 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. A trading auction is a tender in which bidders place bids, lowering the starting price of a contract. The one with the lowest price wins. The list of goods for the auction is specified in Order No. 471-P.
- Request for Proposals. They are held after failed bidding and to justify the price of the contract. The customer collects from contractors commercial offers 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 52 more cases where purchases from a single supplier are allowed. 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 on entities with various forms households wishing to participate in tenders online. 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. Responsible for obligations only 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 the 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 may put forward additional requirements for 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;
absence in the Register of 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 venues. There are eight of them:

Federal trading platforms
sberbank-ast.ru	roseltorg.ru	lot-online.ru	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 for a short 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 venues, where tenders are published.
Register on trading platforms. You can start with those intended for government tenders sites, 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 responsible persons 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 digital signature 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 specifications goods, 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.
Issue a bank guarantee. In this case, the financial institution assumes 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 in this moment 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. For this you need a good relationship with the customer, otherwise the latter may wish to punish the contractor.
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 with the 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 electronic platform. 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 contractor for three days, and then publishes a new contract (or the old one, indicating the reasons why changes are impossible).
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 Federal Antimonopoly Service is an effective solution: entrepreneurs' appeals are considered within five days and 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 turning into a loss. 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.
Features of the tenders held commercial companies, it is considered a comparison of offers 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.

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 an open tender is possible if suppliers provide the following documents:

containing information about the artist - this is a complete 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 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.

How to participate in the tender: video

In accordance with the current legislation, the main way to meet state needs in the field of supply of required goods, works, services is public procurement. An order for public procurement is placed in two ways: competitive (by bidding) and non-competitive (without bidding).

The competitive form of placing orders is reduced to the selection of suppliers according to pre-selected criteria. The main principle of public procurement in this case is equal competitive participation. The state contract is concluded with the winner who meets the requirements of the customer's documentation and offers the most favorable terms of the contract.

Types of trading under 44 Federal Law

Law No. distinguishes the following forms of bidding:

competition
auction
request
quotes
request for proposals
two-stage competition

Competition

Competition, as a method of public procurement, is used to determine the supplier in relation to complex, expensive deliveries. The winner of the competition is determined in aggregate according to several criteria, including quality, price, and the availability of successful experience in similar deliveries.

Auction

An auction differs from a competition in that the main criterion for choosing a supplier is the price. The state contract is concluded with the participant who put up the lowest cost of supplies.

Both in the case of a tender and in the case of an auction, the customer, in the relevant trading systems places an application for a state order with a description of the requirements for the supplied goods, works, services, and within the established period accepts applications from participants. Applications sent on time and made taking into account the stated requirements are allowed to be traded. After the agreed date, the acceptance of forgings is terminated and consideration of the received proposals begins.

Electronic auction

These types of trades can also be conducted in electronic form through specialized trading platforms. This method is gaining more and more popularity, as it greatly simplifies the public procurement procedure and is accessible to a wide range of participants and other interested parties. To participate in electronic trading, the supplier must be accredited at the relevant site and have an electronic digital signature.

Quote request

A feature of such a method of trading as a request for quotations is that the customer, through a single information system and electronic channels Communications sends an application for the conclusion of a state contract to an unlimited number of persons. The contract is concluded with the supplier who offered the lowest price.

Request for proposals

Request for Proposals is a competitive way of public procurement, in which the customer informs potential suppliers of existing needs and invites them to submit relevant applications.

It should be noted that the last two methods of bidding are held only in certain cases subject to the established restrictions on the amount of the contract, types of purchased goods, works, services, and taking into account other conditions.

Subtypes of trading procedures

In business practice, other methods of classifying trades are also accepted. So, depending on the methods of attracting participants, open, closed auctions and with limited participation are distinguished. Open auctions, as a rule, are held in electronic form, and anyone can take part in them. An open procedure is necessary to attract the maximum number of participants.

In some cases, the customer may set certain requirements for the qualification of the supplier - the availability of the necessary experience, licenses, permits, membership in specialized self-regulatory organizations. This form of supplier identification is a limited bid and is intended to exclude bidders who do not meet the stated criteria.