What do you need to participate in tenders? How to win a tender? Instructions for participation in state and commercial tenders

IN Lately the concept of a tender is widespread, however, not everyone understands well what a tender is. Let's look into this in more detail and find out all the nuances of tenders and useful information about them.

Lately in use modern entrepreneurs included the concept of tender. But what is a tender? The procedure for bidding and procurement, which is meant by this concept, has been common for a long time. Now the tender implies the placement of the State Order for the performance of certain works and the supply of goods. In other words, a tender is a kind of competition where a number of companies compete for the right to provide any services, deliver goods or carry out certain types of work.

Electronic tender

This type of tenders appeared on the territory of our country not so long ago, however, many have already managed to appreciate its indisputable advantages and now they use only this type of tender. Trading on electronic platforms has a number of advantages, which we will discuss below.

Advantages electronic tenders:

• All who wish and participate in the competition are on an equal footing and have equal requirements.
• Remote filing of an application for participation in the selection provides an opportunity for uninterrupted work and cooperation.
• Ease of finding a competitive selection that is right for you, according to the type of core business of your company and its location.
• Full transparency of the tenders for all participants guarantees the objectivity of the auction.
  In order for your company to be able to participate in electronic tenders, you must:
• Register an ES - an electronic signature, this is a kind of replacement for your real signature, such details are aimed at confirming the information that you provide in in electronic format.
• Choose the electronic trading that suits your requirements and your capabilities.
• Submit your application, which you sign with an electronic signature.
• Wait for the result of the competition while observing the consideration of your application.

Myths about participation in tenders

There are many myths about participation in tenders, let's dispel the most burning of them.

Myth 1. Tenders are corrupt.

Of course, the fight against corruption has not yet ended and a certain number of corrupt tenders still exist, but this opinion is not true. Every entrepreneur can be convinced of this by easily taking part in the competition and passing the selection without prior agreement. However, the more highly paid the order, the more the probability of its corruption beginning increases. In order not to get into such auctions, you should carefully study the basic information about the order, documentation, requirements and the deadline for the delivery of products or services.

Myth 2. Expensive participation in competitive selection.

Entrepreneurs most often believe that participating in a tender is an expensive pleasure, which may well not pay for itself. Of course, participation in the selection will entail some financial costs.
Remember, if you win the tender, all your costs will not only pay off, but also bring a decent profit.

Myth 3. Tenders are not available for young, fledgling companies.

Of course, some customers will provide benefits to personally verified suppliers. According to the laws of the Russian Federation on public procurement, which state that tenders must be held openly and transparently, in a competitive environment. It follows that each bidder can win a tender for the provision of services and supplies of goods.

How to take part in the tender

To participate in tenders, certain rules must be observed. Any interested companies, as well as private entrepreneurs, can take part in electronic tenders. Residents of the Russian Federation and foreigners who have collected Required documents.

Rules for participation in the tender

The main requirements determined by the legislation of the Russian Federation on public procurement and their observance are the main guarantee of success in tenders. However, it is worth noting that the requirements for tender participants vary depending on the types of tender and customers who choose contractors for themselves. Customers are severely limited in the requirements for orders related to public procurement Customers working with their own commercial enterprises is not entitled to establish its own requirements, which must also comply with the laws of the Russian Federation and regulatory legal acts.

Instruction

After the participant submits an application and a package of all required documents. The customer of the tender carefully studies the information about all applicants, it takes him some time, during this time he must choose the best of the candidates and appoint his company as the winner in the competitive selection.

The customer who initiated the tender can afford to extend the deadline for accepting applications from applicants for participation. The period during which the company may refuse to conduct the tender is usually three months from the date of submission of the tender.

Where to begin

Successful participation in the competition requires a serious approach to preparing and studying the rules and conditions of the tender, and then determining your opportunities in case of their successful completion for your company.

So, if after studying all the rules you decide to apply, you need to prepare an electronic signature, submit an application for participation in the competition and also carefully prepared documents that are required by the rules of the competition. However, it is worth noting that in order to participate in the tender, the law of the Russian Federation regulates a certain composition of the package of necessary documents, but if the customer is a commercial company, the customer can add certain documents to the list of required ones.

Therefore, before collecting and submitting documents, once again study the rules and requirements of the tender, and only after that proceed with the collection, preparation, and then submission of all the tender necessary for the customer.

the contract

After the end of the competition with the selected candidate, the customer draws up a contract. When you submit a bid, each contract has an estimated amount, at the time of bid, the bidder usually pays the bid security, this amount is 5% of the total estimated amount of the contract. It is credited to the accounts of the tender committee and, in case of a loss in the tender, is returned to the candidate.

Application for participation in the tender

A tender offer or, otherwise, an application for participation in a tender, it is submitted electronically or in writing, depending on the type of tendering.

The tender offer consists of two main parts. The first indicates agreement to the rules and conditions of the competition, and the characteristics of the product or service you provide are also fully indicated. In the second, the candidate indicates information about himself, licenses, details, certificates. The accreditation of the organization is also specified. As a result, the application is confirmed.

If the application is made in writing, the documents are placed in an envelope, and it indicates the name, lot number, address and name of the organization, as well as information about the individual.

In case of incorrect preparation of the application for participation in the competition, the commission rejects it. And only correctly completed documents are allowed to participate in the tender. For this reason, be careful when compiling and submitting documents, the success of your enterprise directly depends on this.

Documents required by the candidate to participate in the tender

As mentioned above, the main package of documents is regulated by the state for public procurement, while commercial customers form the requirements for the list of documents on their own.

List of documents for submitting an application for participation in tenders:

• A copy certified by the seal and the original certificate of state registration.
• A copy and original of the certificate of assignment of a taxpayer number to your company.
• A certificate issued by the bank that serves your company, which confirms the financial security of the candidate.
• A certificate certifying the complete absence of tax debts.
• A bank guarantee for the customer, in other words, securing the application.
• A certificate from a dealer or manufacturer, in case of supply of non-manufactured goods under the contract.
• Declarations of conformity to standards in the case of mandatory certification of the supplied goods, as well as various certificates.
• The list and description of the package of documents provided by the applicant are all certified by the seal of the candidate enterprise and the personal signature of the head.

Power of attorney to participate in the tender

The head of the enterprise personally or his attorneys can take part in the auction. In the first case of personal submission of documents and participation in the tender of the head, no powers of attorney are needed. In the second case, the attorney receives a power of attorney from the organization and takes part in the auction. A power of attorney is drawn up in accordance with the legislative acts of the Russian Federation and must be certified with the seal of the organization and the personal signature of its head.

A foreign company can also take part in the auction; for this, an agency agreement is concluded, as a result of its conclusion, the company has the right to represent the interests of the organization.

Features of participation in tenders

Until the deadline for submitting applications and documents from candidates, they retain the right to correct their own application or withdraw it altogether.

Bidders do not have access to information about the consideration of all submitted applications.

The tender commission considers absolutely all applications and checks very carefully all submitted documents from candidates. After consideration of applications by the tender commission, the applications that have passed the verification of correctness are discussed by experts. The winner of the competition is determined by voting.

Tenders for public procurement

The state order is placed by state, budgetary and municipal organizations and enterprises. The conclusion of a public procurement contract is not only financially profitable, but also very useful for the reputation of any company. For this reason, interest in government orders is always high, even despite the high degree of selection of candidates and the difficulty in participating in auctions for tenders, respectively, the level of corruption in this area is quite rich.

Construction tender

Construction tenders are held between customers and contractors. Possible types of works performed at tenders for construction:

• Supply of consumables and building materials.
• Construction and installation works and their calculation.
• Development of projects for construction and calculation of estimates for construction.

Conclusion

In any case, for an organization or a private entrepreneur to win a tender is a real happiness. Since this is a real chance to advance own enterprise and getting a good profit, which is guaranteed by the contract. Each organization that has all the necessary documents for this can win the tender.

Currently, promoting electronic tenders This opens up new opportunities for many organizations. Collecting a package of necessary documents and submitting an application is a very painstaking process that will require maximum attention and concentration from you.

Be prepared to win the tender and then your chances of reaching the final will increase, as self-confidence, backed up with everything you need. Increases the likelihood of winning and, accordingly, obtaining the maximum profit for your organization.

State bodies and budget organizations purchase goods for their needs, or order works or services through the public procurement system (tenders, auctions). This good way for individual entrepreneurs and organizations to receive new orders and expand the client base. We will tell about how to participate in the tender for beginners in today's article.

Types of tenders

The rules for conducting tenders are established by the Federal Law "On contract system in the field of procurement of goods, works, services for state and municipal needs” (hereinafter - Law No. 44-FZ). According to article 24 of this law, procurement can be carried out:

• competitive ways;
• from a single supplier.

Competitive methods (otherwise - tenders) involve the participation of many suppliers or contractors. It can be different kind tenders (open, closed, with limited participation, etc.), auctions, as well as requests for quotations and requests for proposals.

To date, up to 60% of purchases are made in a competitive way in the form of an open electronic auction, in which the process of buying and selling takes place on specialized sites - electronic trading platforms (ETP) on the Internet.

REFERENCE. If state-financed organization procure through grants, subcontracts or own funds, such purchase is regulated by the Federal Law. This law also applies in the case when a state-owned company with a state participation share of more than 50% acts as a buyer or customer. Law No. 223-FZ also applies in cases where goods of work or services are purchased by natural monopoly entities (oil and gas companies, Russian Railways, etc.) or organizations that are engaged in regulated activities (energy, water supply).

Who can participate in tenders

For suppliers and contractors wishing to participate in the auction, Law No. 44-FZ imposes a number of requirements. Any individual (including an entrepreneur) or any organization can become a supplier or contractor if they:

• are not in the process of bankruptcy or liquidation;
• has no tax debt;
• do not have outstanding or unexpunged convictions for economic crimes;
• not affiliated with the customer;
• are not offshore;
• were not brought to administrative responsibility on the basis of the article of the Code of Administrative Offenses of the Russian Federation “Illegal remuneration on behalf of a legal entity”.

In addition, the customer may require that the supplier is not included in the register of unscrupulous suppliers (it is maintained by the Federal Antimonopoly Service).

How to participate in tenders: step by step instructions

The procedure for conducting tenders differs depending on their form. Below we will tell you how to take part in the most popular type of bidding - an electronic auction.

Where to look for tenders

An electronic auction is a purchase of goods, works or services, which is carried out in electronic form on the electronic trading platform (ETP). To date, there are eight such sites:

• Agency for state order Republic of Tatarstan;
• Unified electronic trading platform;
• Russian Auction House;
• Fuel and Energy Complex - Bargaining;
• Electronic trading systems;
• Sberbank - Automated system trades;
• RTS - tender;
• Electronic trading platform GPB.

All information about upcoming tenders is published in the Unified information system procurement (EIS). In addition, information is duplicated on the ETP mentioned above.

Please note: many experienced suppliers use the special Kontur.Purchases service to search for information. There you can search for purchases by type of auction, by industry, by region, by price or by customer. But most importantly, in "Kontur.Purchases" the supplier can set up tender request templates for "their" goods (works, services) and receive notifications by e-mail that tenders of interest to him have appeared in the system. Such notifications allow the supplier to make bidding decisions ahead of competitors.

Accreditation on electronic platforms

To participate in an electronic auction, you must obtain an electronic signature certificate and be accredited at the ETP where the purchase is carried out.

A signature certificate can be obtained at any certification center accredited for compliance with the requirements of Federal Law No. 63-FZ "On Electronic Signature". But when choosing a CA, make sure that it has all the necessary licenses and certificates. Having 24/7 technical support is a definite plus.

To obtain a CA certificate, they usually require:

• the passport authorized person or head of the organization
• application for issuing an electronic signature certificate;
• TIN and SNILS number;
• paid billing document.

It usually takes one day to receive the certificate.

For accreditation at the ETP, its operator must submit:

• statement;
• a copy of an extract from the Unified State Register of Legal Entities or EGRIP (for individuals - a copy of the passport);
• copies of constituent documents.

If another person acts on behalf of the participant, then he will need a notarized power of attorney from the participant. The customer has no right to demand other documents and information.

Within 5 working days from the date when the documents were received from the supplier, the operator accredits the participant of the electronic auction or refuses accreditation.

Opening a special account

Participation in tenders requires suppliers and contractors to cash investments. First, they must deposit the monetary security of the application, and in case of victory, the security of the performance of the contract. This is a kind of insurance in case the winning bidder changes his mind and does not sign the contract.

The security of the application for participation in tenders must be transferred from the special account. It can be opened in one of the 18 banks that are included in the list (approved by a decree of the Government of the Russian Federation). These are, in particular, Sberbank of Russia, VTB, Gazprombank, etc.

Preparation and submission of an application for participation in the tender

The next step is to submit an application for participation in an electronic auction.

The application for participation in the electronic auction consists of two parts. The first part contains the consent of the participant to the supply of goods on the terms of the customer, as well as the specification and specifications. The second part of the application contains information about the participant: the name of the organization, TIN, postal address, etc. Together with the second part, a number of documents are submitted, such as the TIN of the founders, declarations of conformity, licenses and other papers necessary for the delivery.

The supplier must sign the application with his electronic signature and submit both parts simultaneously from personal account on the ETP.

IMPORTANT. An application can be submitted at any time from the moment the notice is published in the EIS until the closing date for applications. The participant simultaneously sends both parts of the application to the ETP operator. Only one bid can be submitted per auction.

How does an electronic auction work?

Before the auction, the customer considers the first part of the application, after the auction - the second.

The first parts of applications are checked for compliance with all established requirements within the following timeframes:

• up to 7 calendar days from the closing date for receiving applications, in auctions from the initial maximum price contract (NMC) more than 3 million rubles;
• no longer than 1 business day from the closing date for receiving applications, in auctions with NMCs less than 3 million rubles.

Admission may be denied if the participant:

• did not provide the required information or provided false information;
• incorrectly indicated the parameters of the goods or did not issue consent.

After the admission of the first part, the supplier enters the trading floor at the appointed time and submits price offers.

During the auction, participants reduce the price of the contract by a step from 0.5 to 5%. If within 10 minutes no one offers more low price, then the bidder with the lowest bid wins. After the auction, the customer checks the second parts of the applications and announces the winner, with whom he concludes a contract.

Benefits of participating in tenders

1. Electronic auctions are new sales markets, including regional ones.
2. Interaction with the customer without intermediaries. And that means saving money and time.
3. The use of modern IT technologies, thanks to which suppliers and contractors are promptly notified of new tenders.
4. The total amount of state and municipal orders, including state corporations and natural monopolies, is estimated at about 13 billion rubles. The state is a reliable and major customer.

Recall that you can track information about the necessary purchase in the Kontur.Purchases service. In it, the supplier (contractor, performer) can set up templates for requests for all tenders for "their" goods (works, services). After that, the supplier will promptly receive e-mail notifications that a purchase of interest to him has appeared on a particular site. Such a tool will save the supplier from the need to constantly monitor information and will allow you to quickly respond to purchases of interest to him.

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

What do you need to participate in tenders

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

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

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

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

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

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

Legislation regulates all stages of the tender:

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

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

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

Basically, the requirements are of a general nature, for example, the absence of tax arrears. TO additional requirements certain work experience can be attributed, etc. In general, the conditions depend on the type of tender. For example, any legal entity that complies with general requirements to the participants and provide the necessary package of documents. In closed tenders, the range of suppliers is limited: as a rule, contractors are invited directly by the customer, since such purchases are often associated with state secrets.

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

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

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

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

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

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

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

What are the requirements for bidders?

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

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

The following conditions must be met:

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

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

For some types of tenders, for example, when conducting a two-stage tender, additional requirements may be imposed on participants:

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

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

What documents are needed to participate in tenders

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

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

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

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

Application security

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

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

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

Documents for participation in the electronic auction

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

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

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

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

In each company, participation in the tender is carried out according to standard tactics, for public procurement. One of mandatory conditions is the approval of the project CEO institutions and the appointment of a responsible manager.

The responsible person collects a package of documents provided by different departments:

• estimated
• accounting,
• lawyers,
• personnel department,
• logistical.

In addition to collecting completed forms, the manager analyzes the participation of his company in other auctions, and also examines documents that reflect the results of tenders where the company or company has previously participated.

The duties of the responsible manager also include studying the requirements for paperwork, the timing of the application and the technical parameters of the purchased products. About what tasks it solves.

Who can be a bidder?

One should not think that all tenders are custom-made and young firms will not be able to “break through” to the state supply market. Even a small company that started its activity a few days ago can take part in the auction.

Before working with a tender, it is necessary to carry out a sufficiently thorough preparatory work, study the volume of orders and the conditions that a young company can fulfill.

To take part in the competition, it is necessary to provide the commission with a package of documents and announce your participation in the tender. Information about the auction can be found on specialized sites, tools mass media. The electronic bidding procedure reduces the cost of participation in the tender, allows you to track the progress of the procedure online.

Decision is made. What's next?

If you decide to bid, you should look for suitable tender according to the following criteria:

• region;
• the subject of the auction;
• starting price.

One employee small firm can not cope with the volume of work on the selection of a tender, it should involve outsourcing specialists in all areas. Hired staff will save cash and help you choose a thematic electronic platform.

It is also necessary to issue a digital electronic signature for its registration on trading floors and accreditation of the participant.

“Young” tenderers should start work on public procurement with proven electronic platforms, such as:

• Sberbank AST;
• Manufacturer;
• Rosseltorg;
• b2b center.

Tender support

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

Tender support is especially relevant if you:

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

Did you know that 90% of bidders are not allowed to bid due to flaws in the documentation or an incorrectly executed application? If you are not a professional, making a mistake in documents is easy. In this case, only help.

Accompanying tenders by qualified lawyers will save you from fatal shortcomings that may adversely affect the results of the tender.

Before a novice entrepreneur who successfully coped with the first problems (having received, collected all the necessary documents and selected personnel), often after the start of commercial activity a new question arises: how to correctly indicate your desire to participate in a public or private tender, and then win it and take your profit . There are a lot of prejudices around this topic - from the belief that access to public procurement is closed for newcomers, to the popular belief that tenders are completely predetermined.

In practice, such cases do occur, and a businessman who decides to participate in a tender needs to be prepared for an unpleasant development of events. However, much more often the auctions are relatively fair, and, taking into account the tips and step-by-step instructions below, every entrepreneur can succeed; the main thing is to start taking action.

Tender classification

First of all, you need to understand the terminology and legal side Affairs. In Russian legislation, despite its traditional variability, the word "tender" is still not used as an official term; Accordingly, there is no definition of this concept.

But in the lexicon of businessmen, this word has long been firmly rooted, and therefore, until domestic laws are brought into line with modern realities, one should talk about tenders (as well as loans for small businesses from scratch) mainly in the economic sense.

The word "tender" is a tracing paper of the English tender, which means, among other things, a formal offer (in this sense, the term is close to the concept of an offer) or an application for a contract; the latter, given the specifics of the process, is more accurate. The most common phrases with “tender” at present are tender application, tender documentation and tender security; there are others, which, however, in order not to overload the texts of documents with cognates, it would be more logical to replace them with synonyms.

Important: according to the definition of one of the recently released economic dictionaries, a tender is a competitive bidding of an open (anyone can take part) or closed (for a certain circle of individuals and (or) legal entities) type - or placing an order on a competitive basis. If you use this definition, you can draw a parallel with the provisions of the Civil Code Russian Federation, compare the tender with a competition or auction.

The next question is who can be the organizer of an open or closed tender. Russian legislation, as one would expect, does not give an answer to it; but based on general practice, we can distinguish the following categories of organizers:

1. State corporations and structures. Usually these are the most profitable, but also the most “hard-to-reach” offers. However, if the tender is open, no one will forbid taking part in it; the benefit that can theoretically be obtained justifies the time and material costs of training.
2. large commercial organizations. Considering the primordial Russian fusion of business and the state, the situation with these tenders is similar to that described above. The prospects for an aspiring entrepreneur are neither better nor worse; instead of abandoning a promising project, it is still worth trying to win the competition - of course, having properly prepared for this.
3. Business or property owners. Such tenders, for obvious reasons, are the most accessible in terms of input conditions and promising in terms of obtaining an order, but one should not expect much benefit from them. However, for a businessman who has just started commercial activity, participation in a modest tender can be a good start. Already at this stage, he can get an idea of ​​the most popular ones and gain experience for more serious achievements.

Any individuals and (or) legal entities that meet the entry conditions formulated by the organizer can participate in the tender. This provision is not spelled out in the legislation (it is quite logical, given the absence of the term itself in the legal documents), and therefore follows rather from the general statement “what is not prohibited is allowed”, as well as from the provisions of the Civil Code regarding the public offer.

Important: the last comparison is purely conditional and cannot be used as an argument in court - for example, a businessman who is dissatisfied with the non-admission to participate in the tender or unsatisfactory results for him. We must not forget that the organizer does not bear any commercial obligations to the participants - he can choose the performer at his own discretion, without referring to any norms and provisions of the law.

Advantages of organizing open tenders:

• free and completely transparent competition for the right to receive an order (contract, delivery, and so on);
• equal opportunities for participants;
• a chance for the organizer to choose the most advantageous offer.

All ongoing tenders can be classified according to several criteria. The first one is publicity. As already mentioned, competitions can be open or closed. The former are available subject to compliance entry requirements(usually this is the availability of the necessary package of documents, equipment or financial assets) for all market participants. If the organizer has agreed in advance and organizational form applicants, this parameter also cannot be challenged. Simply put, if it is indicated that only legal entities with a staff of 50 or more employees and sophisticated CNC machines can participate in the tender, it makes no sense for an individual entrepreneur engaged in shoe repair to waste time preparing documentation.

Closed tenders, as it is easy to understand, are held in a strictly defined circle of individuals or (more often) legal entities. This option, economically unjustified, is used when it comes to government or trade secret, to which everyone can not be admitted.

The next option for classifying tenders is towards material flows : the organizer may intend to buy or, conversely, sell something (goods, services, raw materials, and so on). Accordingly, persons who are going to participate in the competition must have opposite intentions: if the organizer is going to sell something, they will act as buyers, and vice versa. It makes no sense to apply for the right to participate in a tender for the purchase of a service if the applicant himself wants to buy it.

Another way to classify is according to the documentation used. Under this parameter, competitions can be held on paper and in electronic form. In each of these cases, to ensure financial security the parties use proven methods of accounting and control - in particular, GOST R 51303-2013. The conditions for participation in the tender, both "paper" and on the electronic platform, are prescribed by the organizer himself and by default are the same for each of the participants.

The most extensive classification of tenders in the form of:

1. Contest. It is most logical to arrange a tender according to this model if its object is to carry out technically or organizationally complex work: design, technological, construction, and so on. It goes without saying that only a performer who has the appropriate equipment at his disposal, as well as possessing necessary knowledge. Another important criterion for the organizer of the competition is the financial capabilities of the participants. The more complex the task, the more cash injections it usually requires to carry out; the organizer of the tender, at least in full, will not provide them at the stage of execution of work, which means that the contractor himself must have the necessary reserve of funds. As in all previous cases, when conducting an honest open tender, the participant who agrees to do the work in due order will win. technological level and at the most attractive price for the customer.
2. Two-stage competition. It is carried out when it is difficult for the organizer to immediately determine the terms of reference or input conditions. Usually in this case, at the first (selection) stage, he selects the most attractive options for the implementation of work proposed by applicants, and already at the second stage he selects the only contractor whose conditions seem optimal to him.
3. Auction. A tender in this form is arranged when the determining parameter for the organizer is the cost of the work (or the purchase of goods). It's simple: the participant with the best offer wins. Distinctive feature tender-auction - an opportunity for each participant to change the conditions offered by him right during the event, thus trying to overtake competitors.
4. Request for quotations (quoted prices). As in the previous case, the organizer of such a tender is primarily interested in the price of the issue: the more profitable the applicant's proposal is for him, the more likely (of course, subject to other conditions) he will give preference to him. However, when requesting prices, an auction is not held in the literal sense: the organizer simply compares the first proposals received from the tenderers and makes a choice based on them, which he notifies the winner. Using the request for quotation technique, you can, for example, or find the ideal performer for everyday homework.
5. Request for proposals. Here, as in the case of requesting prices, the organizer collects proposals from potential contractors, reflecting not only the cost of the work, but also its technological or organizational parameters. The main advantage of this and the previous variant of the organization of the tender is the possibility for the customer to receive proposals as quickly as possible and, having processed them, make the final decision. In addition, a request for proposals is an ideal option for studying the market with a view to further independent expansion into one or another of its areas.
6. Competitive negotiations. The most transparent and free way to organize a tender, especially beneficial for a customer who does not need urgent work. At the negotiations, in which, as usual, every person who meets the requirements can participate, you can calmly discuss all the details of the project, get an idea of ​​​​the possibilities and requests of all performers and choose the most promising of them.
7. Limited Entry Competition. As the name implies, this type of tender is arranged in the same way as a regular competition (when there is a need to complete a task that is difficult from a technical or organizational point of view), but only persons from a pre-prepared list can become its participants. From an economic point of view, this form of organization, to put it mildly, is hopeless; it makes sense to use it only when it is necessary to ensure the safety of state or commercial secrets. Accordingly, the terms of reference are not made public or presented to the general public, if necessary for reporting, in a truncated form; persons intending to participate in the tender must sign a non-disclosure agreement without fail.
8. Request for offers. In this case, on the contrary, the tender is extremely open: the performers themselves offer their conditions in a public form, and the organizer processes them and selects the best ones. The disadvantage of this option for organizing a tender is the difficulty in tracking offers and structuring the data received. There can be an arbitrarily large number of applications from potential performers, and at some point the organizer may simply lose the opportunity to get acquainted with each of them - and, therefore, miss a really profitable option.

According to the legal registration of the process tenders are classified into:

1. State procurements. As already mentioned, the most profitable option for an entrepreneur, allowing as soon as possible get a huge income. Public procurement is regulated by Federal Law No. 44-FZ "On the contract system ..." dated April 5, 2013. The organizer of the tender may be a public authority or government agency. The law strictly regulates the procedure for holding the competition - from the development of conditions for participation to the selection of applicants for the role of the performer. In addition, all actions of the organizer in this case are accountable: he cannot own will change the established rules, expand the list of purchased material assets and services (for example, you cannot order goods of certain brands and manufacturers).
2. Purchases by certain legal entities. These include state-owned companies, corporations, monopoly organizations, unitary enterprises federal and municipal level, autonomous institutions and some other legal entities. The tender is regulated by Federal Law No. 223-FZ “On Procurement of Goods, Works, Services…” dated July 18, 2011. In this case, the customer can already independently establish the conditions of the tender and determine the form of its conduct (the law provides for two options - an auction and a tender, but there is currently no ban on expanding the list).
3. Commercial contests. From the name it is clear that the organizers of such tenders are other structures that are not included in the second category. The rules of the tender, the requirements for persons wishing to participate in them, the algorithm for determining the winner and other details of the tender in this case are determined by the customer himself, without the participation (at least official) of state structures. In addition, the organizer of a commercial tender has the right not to place an announcement on preparation for the event in the unified information system. On the one hand, this is not very good: some promising performers may simply not find out about the upcoming competition; on the other hand, the less the customer has obligations prescribed at the legislative level, the easier it is for him to act in a market economy. Separate normative document, regulating the conduct of such a tender, currently does not exist, however, in the process, the organizer must be guided by the current rules civil law- in particular, the provisions of the Civil Code and Federal Law No. 135-FZ "On Protection of Competition".

There are other options for classifying tenders that are less common and not of practical interest. For a businessman who wants to participate in the competition, in order to get an idea about the features of the event, the above information will be quite enough.

What do you need to participate in tenders?

Physical or legal entity who intends to participate in the tender should prepare in advance for the process. You can’t just announce your desire at the last moment, counting on a positive response from the organizers of the event - of course, if we are not talking about a completely unprofitable project, the customers of which simply could not find other performers.

Preparation for participation in the tender is reduced to several stages:

1. First of all, the future participant (and, possibly, the winner) will learn from any source of information available to him about the preparation for the tender and the date of its start.
2. Further, if the same source is missing more detailed information, the applicant needs to contact the organizers or their representatives to clarify the rules for participation: a list of documents, requirements for the performer, features of the selection of participants and criteria for choosing the winner.
3. Now, if the conditions of the tender are suitable, the person who has expressed a desire to participate in it must prepare a list of documents. It is compiled, as mentioned, by the customer himself (unless it is public procurement, the conduct of which is regulated by the relevant the federal law) and therefore cannot be given with absolute accuracy. However, there is common list mandatory papers; it includes:
   • application for participation in the tender - is drawn up in a free form or developed by the organizer;
   • information about yourself: participation in previous projects, financial and technological capabilities;
   • a notarized copy of the taxpayer identification number (TIN);
   • registration certificate individual entrepreneur or a legal entity;
   • certificate of absence of claims from the Federal Tax Service;
   • information about financial condition enterprises for the last reporting period (quarter, half year, year);
   • description of the documents in the package.

How to participate in tenders?

Participation in the tender is not as difficult as it seems to an unprepared entrepreneur with no experience. Below will be step-by-step instruction, allowing you to get an idea of ​​​​each stage of the event.

The procedure for a person wishing to participate in the tender:

1. After collecting the package of documents and receiving an invitation from the organizer, you must certainly confirm your consent - without feedback, the customer may decide that the contractor is no longer interested in his offer, and delete it from the list.
2. Next, you should familiarize yourself with the terms of the event and give your written consent to follow them until the end of the tender - as well as, if the matter concerns state or commercial secrets, a non-disclosure agreement.
3. Wait for the start of the tender. Until that time, the applicant can still withdraw his application without fear that the customer will demand a penalty from him.
4. The most important stage of the tender is the consideration of applications from all participants. The applicant must be ready to answer all the questions that the organizer has; for this, it would be logical to leave all possible contact details - from work and personal numbers and addresses Email to account in in social networks or messengers. The more a potential winner is open to dialogue, the higher his chances of success.
5. After reviewing the bids, the tender organizer determines the winner - the person whose conditions and opportunities are best suited for execution terms of reference. Now the winner can, having received a notification and once again familiarized himself with the conditions of the customer, agree with them and start work or refuse the order; in the latter case, he will probably have to pay a penalty.

Advice: all documents, both necessary for the initial registration, and requested by the organizer in the future, must be properly executed. An applicant who makes a mistake or deliberately neglects the terms of participation in the project runs the risk of being excluded from participation in the tender - which means losing the benefit by wasting time on preparing papers.

Summing up

There are tenders different types: open and closed; tenders, auctions, requests for proposals, requests for quotations and conditions; state, semi-state and commercial; on paper and electronically. Depending on the conditions, all persons suitable for the requirements of the customer or only those included in a pre-compiled list can participate in them.

In order to take part in the tender, you should submit an application in a free form or designated by the organizer, accompanied by other documents, the list of which is determined by the customer. Next, the applicant should wait for the approval of the application, give written consent to participate, if necessary, sign an agreement on non-disclosure of state or commercial secrets and wait for the final decision. If it is in his favor, the winner of the tender can start work; otherwise, it remains for him, having received a corresponding notification, to try to participate in a new competition - and so on until the attempts are crowned with success.