Participation in tenders where to start. What you need to fully participate in tenders: rules, conditions, documentation

In the modern era high technology industry is developing rapidly. And in the construction industry, the level of quality of buildings and structures must be constantly raised. Thus, competition is developing, covering many different business entities that are in search of unusual solutions and original ideas. As for, for example, architects, they can participate in a construction tender in order to demonstrate their own creation.

important process

How to participate in tenders, enterprises determine themselves. Thanks to such events, companies have the opportunity to reach a new level, which will benefit not only customers, but also those business entities that represent own ideas and projects. Companies participating in tenders must have some feature that will distinguish them from competitors.

What it is?

Based on modern practice, it becomes clear how to participate in tenders. This is not a very simple procedure, but it is already available for any business entity. So, tender - bidding for competitive basis which are organized by the customer to find the most profitable, efficient and high-quality offer. The customer is often the state, which is ready to purchase products for its own or municipal needs. The role of the customer can also be played by a private company.

The object of bargaining is various types of products, works or services. There are specific rules on how to participate in tenders, the violation of which can lead to certain problems with the law. A business entity that makes the best offer, which is characterized by a low price, minimum deadlines and, of course, good quality, can win this auction.

How to start participating in tenders?

To win the state order, it is necessary to develop an appropriate application High Quality taking into account the wishes of the customer.

Trades are conducted in accordance with the provisions of the current Russian legislation(No. 94-FZ). They can go through three main procurement schemes using budget financing: quotes, auctions and contests.

When opening commercial bidding how to participate in tenders is established by the regulations for their conduct with the implementation of the procedure both on their own and on borrowed funds.

Classification

There are the following types tender procedures: open, closed, two-stage and requests for quotes. Thus, any interested business entity takes part in the open auction. This procedure is characterized by healthy competition and transparency. Where to participate in tenders of this type? This can be found in specialized media. Companies wishing to participate submit applications to the commission.

Basically, the tender is used when supplying organizations with long-term and large deliveries of various products or when implementing construction works at a specific government facility.

In closed auctions, the number of participants who want to deliver goods or provide services is limited. In this case, we can talk about public procurement, for example, for the defense needs of the state.

How can an individual entrepreneur participate in tenders of this type? Pretty simple. This type of purchase is used for small volumes (up to 250 thousand rubles). The process is carried out without intermediaries, and the number of suppliers at the auction must be at least three.

As for organizations with limited liability, they can count on larger orders.

Two-stage tender purchases

How to properly participate in two-stage tenders, business entities can learn from the relevant documentation. This type bidding is mainly used when purchasing complex products or when performing development or research work, which are quite in demand in construction. Using this method, you can evaluate the current technologies and methods, the conditions of the supplier.

The first stage is the acceptance by the customer of all proposals (without specifying the price), which are studied and supplemented. The second stage provides for the submission by participants of already revised documents, where all amendments are taken into account, as well as prices for products, works or services are indicated.

Respondents

Participation in tenders can be accepted by both legal entities and individuals. They confirm their desire to be bidders by submitting an application to the relevant commission. This document compiled in accordance with the tender papers. A rare business entity does not express a desire to take part in the auction at least once. Today, most of the types of products on the market can be purchased based on them.

tender documentation

Bidders should carefully study the available bidding documents, the content of which may indicate the level of this procedure. So, for example, if there are significant shortcomings, technical errors in the papers, then this fact indicates the lack of special training for the customer. If, in addition to prices, he is interested in the conditions of supply, payment and warranty obligations, then it can be said with confidence that the emphasis is on an interesting proposal regarding the specifics of supplies.

The price of the product may include the cost of attracting additional companies or qualified specialists, as well as paperwork. A detailed breakdown of the price is a kind of guarantor that can provide a decent payment.

The study of the tender documentation allows you to identify shortcomings and some inaccuracies, as well as missing information during the preparation of the proposal. It is the qualitative formation of the proposal in accordance with the documentation provided by the customer that will be one of the successful steps taken by the supplier.

Thanks to the transparency of this procedure, even newly registered business entities can win tenders. It is enough for these enterprises to study the relevant legislation well and apply correctly. Of no small importance in this process may be the adoption of the following measures: the development of demanded industries that are of no small social significance; improving technical training when participating in electronic auctions and bidding; proper preparation tender documentation.

Training courses

In order to successfully participate in the auction, business leaders often send their employees to special courses, where training is carried out according to a special program that explains in detail the provisions of the current Russian legislation, as well as considering the technique of working on electronic trading platforms.

However, the acquired knowledge may not always be a guarantee of successful competition in the market. To increase the effectiveness of participation, it is necessary to study in detail the process and results of the tender in the context of products or services; find auctions that are of particular interest to a particular enterprise; learn how to properly prepare tender documents; appoint a person who would be responsible for participation in the auction.

Electronic trading

When participating in a special type of tenders on electronic platforms using the global Internet, a business entity also needs to know a few mandatory rules. Thus, the Russian government has defined a list of electronic trading platforms on the World Wide Web, where orders are placed and an effective choice of a contractor is provided. An applicant who bids must select one of the approved sites. Any relevant electronic document in this case, a legal status based on a certified digital signature is assigned.

Tender (competitive bidding) is an effective, and therefore widely used, procurement method. The buyer announces a competition among suppliers with a description of the desired price, technical and other characteristics of goods (services, works). A contract for the supply is signed with the winning participant (outwardly economic activity this form is called a procurement).

This way of offering your services makes it possible to get a new business partner (of course, if you can withstand the competition).

Sometimes this path can be not only the shortest, but also the only possible way to enter into cooperation with new foreign buyers.

How to participate in tenders

There are three main roles in the tendering scheme, reflecting the relationship of interests of the subjects of the transaction.

Trading subjects:

Buyer (customer)- an enterprise whose purpose is to conclude a contract for the purchase of goods / services / works with the most favorable conditions.
Participant (applicant, offeror)— a supplier who wants to receive an order for the sale of goods/services/works
Organizer— a legal entity that functionally prepares and conducts tenders. Usually - the customer himself or his specialized division.

Tender documentation is prepared according to the conditions of the Customer.

The remaining participants (notaries, trading platforms, etc.) take an indirect part, performing intermediary and service functions.

Types of tenders

Tender auctions are distinguished by a number of features, referring them to various types. Depending on the defining feature, there are several classifications of competitive bidding:

Whatever type of Tender your company participates in, there are a number of rules that are the same for any tender:

You can take part only by submitting an Application for participation (with a package of documents) within the agreed time frame. After this deadline, applications and changes to them will not be accepted.
By submitting an Application, you undertake to comply with the proposed terms of the Contract (in case of winning the auction).
If the deadline for submission of documentation has not yet expired, the application may be withdrawn by the applicant.
Documentation is prepared and submitted in the volumes and according to the rules determined by the Customer.
When participating in an international tender, you will need to prepare a package of documents in the official language of the Customer's country (unless otherwise stipulated by the conditions).
Submitted bids are not available to other bidders (to avoid unfair competition).

How to start preparing for a tender

There are several stages in preparing for a tender.

Choose the right tender.
To search for them, there are specialized systems with a trading database (for example, ru.dgmarket.com, synapsenet.ru, regionzakaz.ru, etc.). By the way, large sites often allow you to participate in tenders for free.
Learn the terms and conditions of participation.
The stage requires attention to itself already because, without noticing some seemingly insignificant, at first glance, conditions for concluding a contract, the Bidder may lose the order even after winning the auction.

After making a decision to participate in the auction, they proceed to the main stage - the preparation and submission of a package of documents.

Prepare tender documentation.
The application (with all the documentation requested by the customer) can be submitted by applicants in two ways: in paper and in electronic form.
- The first method is familiar and known for a long time, when documents are formed on paper, certified by the “live” signature of an authorized person and the seal of the enterprise. The package of documents is packed in an envelope and sealed, tender documents are opened.
- The second way is more modern. It assumes that the package of documents is formed in electronic form: scanned, protected by appropriate encryption algorithms (including digital signature). Since most of the auctions now take place in in electronic format(especially for international level), most likely you will have to use this path.
  To do this, you need to be accredited on the Electronic Trading Platform (ETP). ETP is a site that hosts a database of electronic auctions. This is where participation takes place. There are currently 5 largest non-state sites. First of all, it is desirable to get accredited to them.
  To perform legally significant actions on the ETP, an Electronic Digital Signature (EDS) will be required. EDS is a way to secure documents that exist in electronic form. It has the same legal force as a signed "live" document with a seal. Given that in international relations it is more convenient and reliable to conduct document management in electronic form, obtaining an EDS— an important part of the normal work with electronic trading.
Submit an application (if necessary - providing it).
The EDS operator may require the transfer of a certain "deposit" to its official special account, up to 5% of the contract price - for participation in the auction, and up to 30% - for signing the contract.
Sometimes bank guarantees serve as collateral for an application for participation in the Tender. They must be received in advance. In addition, the organizer of the auction can only accept guarantees from a certain list of banks (large and reliable international financial institutions).

Proper bidding documentation is required to bid.

Tender documents usually include:

description of the offered goods/works/services;
price offer;
legal documentation of the applicant company (statutory documents, certificates and licenses);
confirmation of experience in implementing similar projects, availability of resources, sufficient qualifications of employees;
other documents - at the request of the Organizer of the auction.

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Transfer of the right to represent the interests of the company in the Tender to a third party

It is not advisable for the first person of the company or its company to represent its enterprise at all competitive bidding. When big businesses It's just physically impossible. Therefore, it is practiced to issue a proven and reliable employee (or any other capable to an individual) Powers of attorney to represent the interests of the enterprise in the Tender.

The subject of the Powers of Attorney is the fact that the legal entity-applicant (principal) empowers an individual employee or individual entrepreneur (trustee) to represent his interests in the Tender.

Key points to be considered in the Power of Attorney:

The bidding organizer may establish a clearly defined form of the Power of Attorney. In such cases, it shall be included in the tender documents.
Separate Powers of Attorney with a limited validity period (maximum 36 months) are drawn up for various tenders, and they usually require notarization. Moreover, the foreign partner will definitely stipulate according to the norms of which legislation the representative should be granted rights.
The right to submit an Application for participation in competitive bidding as such.
The right to receive and sign the documentation required for participation in the Tender.

Video about why companies refuse to participate in tenders

This video will dispel the myths around the rules of participation in electronic auctions.

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 subject of economic activity, regardless of the legal form, can participate in tenders. 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 on electronic platforms, you need:

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

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 venues, 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 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 the operator may require electronic platform.

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 by general rules tender commission. The decision can be appealed to the FAS.

After confirmation of accreditation, it is necessary to open a special bank account. Funds are transferred to it to secure the auction bid.

The amount of security for each auction is set by the customer in the range from 0.5% to 1% of the initial contract price at the initial price up to 20 million rubles and up to 5% over 20 million.

In the event of a win and withdrawal from the contract, these funds are retained and transferred to the customer. Until the electronic auction takes place, this money will be blocked.

If you do not win, the software will be unlocked within 1 business day. If you win, then the application security will also return, but after making the contract security and signing it.

Step 5. Applying for an auction

An application for an auction can be submitted if funds have been credited to a special account to ensure it.

An electronic auction on the site is searched for by registry number
Application forms are filled in personal account, loading documents
Each file and the final application form are signed with digital signature

After submission, each application is assigned a serial number. On some sites, it corresponds to the number of applications submitted, it can be used to determine how many participants in total. If there are doubts about the correctness of the documents, the application can be withdrawn and resubmitted. It will be assigned a new serial number.

Step 6. Consideration of the first parts of applications

The auction commission of the customer considers the first parts of applications from 1 to 3 days and makes a decision: to admit to electronic trading or to reject. The name of the company in the first part is classified until the consideration of the second parts.

Based on the results of consideration at the site, a protocol is published with application numbers and a decision on admission. Company names remain hidden.

Step 7. Participation in the electronic auction

In case of admission to the bidding procedure, it is important not to miss the time of the electronic auction. This is usually the first business day after the publication of the admission protocol.

Possible confusion with time zones. The auction can take place early in the morning or at night, last for hours. You need a reliable Internet and a backup channel, an uninterruptible power supply or a laptop (and a charger!), EDS performance check.

There are many more overlays than you can imagine.

How is the auction conducted? When a trading session opens on the site, participants can submit price offers. The auction step is from 0.5 to 5% of the initial contract price. Time to submit an offer - 10 minutes. After each new bet, 10 minutes are counted again.

You always have 10 minutes to decide on a new bet.

You can have time to drink a cup of coffee, make and agree on a decision. After ten minutes have passed since the last bid, the main auction ends. The first place is taken by the offer with the minimum price. But that's not all.

The second part of the trading session begins, where any participant can place a price outside the auction step and take second place.

There are 10 minutes for this. In case of rejection of the auction winner's application for the second parts, the contract will be signed with the next participant in turn. Additional submission to electronic auction- This is an important stage that increases the likelihood of victory.

A tender is the placement of orders for purchases or works on a competitive basis. Participation in the tender requires firms-applicants to comply with certain tender rules, ignorance of which inevitably leads to refusal to conclude a contract. Despite the difficulties associated with the preparation of the application, it is not necessary to ignore tenders: participation in them is unique opportunity for the company to receive an order on extremely favorable terms. To win the competition, it is not enough to have an offer that perfectly meets the wishes of the customer. It is necessary to understand how to participate in tenders in order to present your proposal to the tender committee in the most favorable light.

Competition procedure

Eligible to participate in tenders legal entities both Russian and foreign. Requirements for applicants and conditions for participation in the competition are set by the customer at its discretion. The task of the participants is, in accordance with these requirements, to prepare the most profitable proposition and fill out a proper application for the execution of the order.

To submit a proposal, it is necessary to collect a set of documents according to the list of the customer and submit it to the tender committee within the time period specified for receiving documents. Until the deadline for submission of applications, the applicant has the right to amend or withdraw the application from the competition. Applications will not be accepted or changed after the deadline.
After receiving all applications, a meeting of the tender commission is scheduled, during which the applicants' proposals are reviewed, documents are checked, and a conclusion is prepared on the studied materials.
Members of the competition commission discuss the applications of the participants and decide on the winner by voting.

It should be noted that the information contained in the applications is closed and not subject to disclosure.

What you need to know about the rules for participation in tenders

Before you "get involved in the fight", you need to understand a few important points for yourself:

By participating in the tender, you agree to comply with the rules of the tender.
By declaring yourself as a participant in the tender, you agree to all the conditions that the customer of the tender exposes.
By submitting an application, you confirm that you have all the possibilities to complete the order if you win the competition.
When compiling an application, you assume responsibility for the correctness of its execution: errors in the submitted documents may serve as a basis for rejecting the participant's proposal without consideration on the merits.

All this means that you need to take the most responsible approach to studying the conditions of the tender, assess your capabilities as objectively as possible and competently draw up an application.

Thus, the process of preparing a firm for participation in a tender includes:

selection of a suitable competition in accordance with the profile of the company;
familiarization with the requirements of the customer, the conditions of the competition;
assessment of the financial, material and technical capabilities of the company in terms of ensuring the fulfillment of obligations under the contract;
collection of necessary documents;
filing an application;
security of the application (pledge).

Bid preparation

Let's take a closer look at how to participate in tenders and what is needed for this. First of all, what documents are required to apply.

The list of documentation is usually determined by the customer, but there is also a basic package of documents that is required for any tenders:

an application certified by the head of the enterprise;
a statement with a presentation of the organization and experience of contract work;
description of the attached documents;
copies of the constituent documents of the legal entity and the charter;
notarized copies of TIN and certificates of state registration;
extract from the Unified State Register of Legal Entities not older than 15 days;
a list of persons representing the organization without a power of attorney;
a copy of the order on the assignment of the duties of the chief accountant;
certificate of no tax debt;
financial statements of the company for the three previous reporting periods, certified by the tax inspector.

Another important point is the provision of the application. If such a requirement is presented by the customer, the bidder is obliged to ensure the payment of funds in the amount of not more than 5% of the contract amount in confirmation of his intentions. The transfer of the amount is confirmed by a payment order provided along with other documents. The security serves as a kind of collateral, which is withheld if the participant evaded the order, being chosen as the winner of the competition. In all other cases, the deposit is returned to applicants at the end of the competition or before it starts, if the participant withdraws his application in a timely manner.

As a rule, the cost of competitive lots is quite high, and even 5% of the order amount is a lot of money. If the organization's own funds are not sufficient to finance the application, it can attract a tender loan or a bank guarantee.

Government orders

Competitions for the placement of government orders are special tenders, and they are often associated with the so-called corruption component. Enterprises are afraid to participate in government tenders, as they are sure of their failure in advance. Indeed, there are cases when the principle of competitiveness and equality of participants is violated, and not the best applicant, but a company close to state structures, receives a lucrative contract. However, infringed suppliers quite successfully defend their rights in court in case of violation of the rules of the competition.

How to participate in public procurement tenders - the process is almost the same as regular tenders. Except for the fact that tenders for orders of technically complex products or works related to the defense industry and the security of the country are held exclusively behind closed doors. And this means that access to them "from outside" is virtually impossible. Applicants are invited to closed tenders on an individual basis. Any organization can participate in open tenders, information about which is placed in the media, without restrictions.

Another feature of public procurement is the frequent holding of two-stage tenders. When a customer cannot formulate specific requirements or requires the development of technologies, research, scientific experiments, he must first assess the capabilities of applicants, determine the direction, nuances of the required work, and calculate their cost. Then, at the second stage of the competition, participants submit applications already in accordance with the conditions indicated by the customer.

Another problematic moment government tenders- most often preference is given to those contractors who offer the lowest price, unfortunately, without taking into account the quality of work. This approach provokes applicants to underestimate the basic cost of work in order to certainly receive a state order.

A similar situation occurs in construction industry: since all firms applying for the construction of a real estate object or for holding repair work, the application is often based on a deliberately incorrectly drawn up estimate. As a result, the winner of such a tender, who clearly overestimated his strength, does not fit into his own budget. If the contractor fails to shift the increase in the budget onto the shoulders of the customer, then his losses are inevitable, up to the bankruptcy of the organization.