Small and medium business criteria:
44-FZ
The law uses the term “small businesses,” or SMBs. Conditions of participation are dedicated.
Quotas for SMP
Customers must purchase at least 15% of goods and services from SMP from the total annual volume of purchases. Every year, before April 1, they publish a report on purchases from SMP for the previous year in the Unified Information System. It can only include those purchases in which an advantage for small businesses was indicated and these purchases took place. If the quota is not met, the institution will receive a fine of 50,000 rubles.
What procurements does SMP participate in?
SMP can take part in any procurement if the company meets the customer’s requirements and can fulfill the terms of the contract. But purchases that the customer must carry out specifically among small and medium-sized enterprises are more interesting. This means that among the competitors there will be no representatives of the middle and big business. Even if such participants submit applications, the customer will reject them.
The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. In electronic procurement, the declaration is generated by the trading platform itself; you only need to sign the document with an electronic signature. For paper purchases, use the declaration form provided by the customer or our template.
The customer can purchase from small businesses using any competitive procedures:
- (including a competition with limited participation, a two-stage competition)
What benefits are available?
1. Representatives of the SMP may not provide the contract with money if they have experience in executing government contracts (clause 8.1 of Article 96 of 44-FZ):
- There must be at least three such contracts and they must be executed without fines or penalties.
- Amount of contracts submitted- no less than the NMC of the current purchase.
- Information about contracts must be entered into the contract register. An extract from it will confirm the winner's good faith.The amount of security is calculated from the winner's price, not the NMC.
2. In government procurement with advantages for SMP and SONCO, the customer will set the amount of contract security based on the price of the government contract, and not the NMC.
For example, a customer holds an auction among small and medium-sized enterprises for the purchase of computer class equipment from NMC for 2,530,000 rubles and has set the contract security at 5%. The winner dropped to 1,980,000 rubles. Consequently, contract security will not amount to 126,500 rubles. (5% of the NMC), and 99,000 rubles (5% of the winner’s price).
The same rule applies to purchases with a 25% reduction when “turned on” anti-dumping measures. But in any case, the contract security must be no less than the advance payment.
3. The customer must return the contract security and pay for the goods/work no later than 15 working days from the date of signing the acceptance certificate (Part 8, Article 30 44-FZ). These clauses must be included in the contract with the SMP.
223-FZ
The law uses the term “small and medium-sized enterprises” (SMiSP or SME). The rules for the participation of SMEs in procurement under 223-FZ are spelled out in Article 3.4, and there is also government decree No. 1352, which regulates such procurements. Customers are controlled by JSC Federal Corporation for the Development of Small and Medium Enterprises.
Quotas for SMEs
Customers must purchase at least 18% of the total volume of goods, works or services from SMEs. Only concluded contracts are included in the quota. The winners of the purchases are taken into account:
- Only SMEs could participate.
- The winners are required to attract SMEs for subcontracting: procurement participants describe in their applications a plan for attracting subcontractors from among SMEs.
- "On general principles": any supplier could participate, but SMEs won.
At the same time, 15% of contracts must be concluded strictly among SMEs. If an announced purchase among SMEs does not take place, it will not be included in the report.
What types of procurement can SMEs participate in?
The government has obliged the purchase of goods from small and medium-sized businesses to only four types of competitive procedures - auction, competition, request for quotations, request for proposals. All these purchases arecompetitive in accordance with 223-FZ, therefore the customer:
- Responds to the request for proposals within three working days from the date of receipt of the request (if such a request was not received later than three working days before the application deadline).
- Can cancel a purchase only until the deadline for accepting applications has expired and in case of force majeure.
- Extends the deadline for submitting applications if something has changed in the documentation.
- Concludes a contract with the winner no earlier than 10 days and no later than 20 days from the publication of the final protocol.
Purchases from SMEs under 223-FZ are carried out only at eight ETPs of government procurement (the same ones where all purchases under 44-FZ take place).
United official website information system in the field of procurement is designed to provide free and free access to complete and reliable information about contract system in the field of procurement and procurement of goods, works, services, certain types legal entities, as well as for the formation, processing and storage of such information.
The procedure for posting information on the Official Website of the EIS and its content is regulated Federal law dated 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and Federal Law dated 07/18/2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities ", as well as relevant by-laws.
The Unified Register of Small and Medium Enterprises is posted on the official website of the Federal Tax Service (FTS of Russia).
The register includes information about legal entities and individual entrepreneurs who meet the conditions for classification as SMEs contained in state registers of legal entities and individual entrepreneurs, tax accounting data.
SMEs, upon application, have the right to include in the register information about their products, their experience in participating in procurement, and their participation in partnership programs with major customers.
Information about the economic entity belonging to the category SMEs updated annually on August 10. Some information (about newly created legal entities, newly registered individual entrepreneurs, about the exclusion of information about legal entities, individual entrepreneurs who have ceased operations, about changes in data that individualizes the entrepreneur, about data that the SME entity additionally enters into the register) is updated monthly.
The information and analytical system SME Business Navigator was created by the SME Corporation in order to provide entrepreneurs with marketing and information support. It includes marketing tools aimed at reducing market risks when opening and expanding a business by revealing available market niches and systematically calculating sales potential and financial and economic indicators.
The SME Business Navigator selected 90 of the most common types of localized business, mainly services, in such areas as catering, retail, household services, services etc. For each of them, a list of standard formats for doing business has been defined and business plans have been developed with marketing strategies, investment and operating costs, financial and economic results and return on investment. In total, about 300 sample business plans have been developed.
The basic function of the SME Business Navigator is also to provide one-stop access to information about all types of federal, regional and municipal support for entrepreneurs, financial and credit products.
With SME Business Navigator you can
- Select a business
- Calculate sample business plan
- Find where to get a loan and get a guarantee
- Find out about measures to support small and medium-sized businesses
- Find business premises for rent
- Be aware of the procurement plans of the largest customers
News agency Russia TASS, in partnership with SME Corporation JSC, launched a number of free services for SMEs using the new modern online business communications platform TASS-Business.
SMEs have access to services for rapid comprehensive verification of counterparties using more than 15 parameters; convenient search through procurement announcements; posting current contacts and advertisements about your company; analytical support.
For large companies, TASS-Business offers services that facilitate the search and interaction with potential suppliers, which will help make the procurement activities of such companies, including state participation, more efficient.
To participate in trading on electronic trading platforms, you must use an electronic digital signature (ED). Customers and suppliers exchange electronic documents that confirm a certain responsibility of the parties for actions performed in the system. The legal significance of these documents is ensured by an electronic signature (ES). With its help, electronic documents receive the same legal force as traditional paper documents signed by hand. The legitimacy of the use of electronic signatures is regulated by Federal Law Russian Federation dated April 6, 2011 N 63-FZ “On electronic signature».
EP allows:
In conditions financial crisis government procurement is one of the few saving graces for private business. This opportunity not only to stay afloat, but also to get help for active development. Some experts express the opinion that with the introduction of Federal Law-44, government orders for small businesses have become practically inaccessible.
How the system works
Declaring support for small businesses, the Government of the Russian Federation could not help but consolidate legal basis such support in state legislative acts.
In the field of public procurement, such support is reflected in the provisions of the Law on the Contract System, which oblige government customers to give 15% of the monetary volume of all orders to small businesses. The implementation of these indicators is monitored through the mechanism of posting relevant reports on the government procurement website.
As such, government agencies do not bear responsibility for failure to comply with this norm, but, according to the official regulatory authorities, there are low indicators of efficiency in attracting small businesses to government order negatively affect the assessment of the performance of managers of government structures.
Thus, when planning its procurement activities for the next year, the state customer still allocates the required percentage of government orders to small businesses, and the main task of small businesses is to receive this order.
Where to start
Entrepreneurs who have already gone through all stages of participation in procurement tenders and have a certain number of defeats and victories along the way are advised to start with training. In every municipal formation(city, district or regional center, etc.) there are consulting and information structures for working with government orders.
A small business representative who wants to expand the market for their products by receiving orders from government or municipal structures has two options to start working in the field of public procurement:
- Hire a certified specialist who will participate in tenders in the interests of the businessman.
- Learn on your own or train one of your employees in the rules of working with electronic tenders.
The main advantage of the first path is the opportunity to immediately start with your offers on the exchange. There are two main disadvantages:
- high cost of services of a certified specialist;
- lack of prospects for independent participation in tenders (you cannot count on a specialist to train one of the employees).
If we talk about the second way, then it has only one drawback: a novice businessman will need some period (possibly long) to master the necessary intricacies of participating in procurement tenders.
A temporary delay in receiving real orders is a serious negative point. But, if an entrepreneur decides to take such a deferment, the knowledge and skills that he will acquire by understanding the science of working with government orders will open up a new long-term perspective for him to develop his own business.
Where and what to study
Today, there are several opportunities for small businesses to gain basic knowledge in the field of participation in procurement tenders:
- government courses at small business support centers (two- or three-day seminars provide a general overview of government procurement and prepare the student for more specialized knowledge);
- paid courses taught by lecturers who are professional bidders from both suppliers and customers;
- paid and free webinars.
Each of these forms of training has its own disadvantages and advantages. Therefore, during the training period it is recommended to use all sources of information to obtain necessary tools, which will make it possible to start making money on government procurement as quickly and efficiently as possible.
If we talk about what an entrepreneur can learn by undergoing training, then this is first of all:
- the procedure for preparing documents to obtain an electronic signature and mastering the rules for using an electronic digital signature in your daily activities;
- procedure for accreditation on electronic procurement resources;
- search for promising tenders;
- nuances of studying the customer’s technical documentation;
- preparation of proposals for participation in tenders;
- execution of contracts;
- challenging customer decisions in the Federal Antimonopoly Service.
Each item of the presented program is considered taking into account those features that are inherent in representatives of small and medium-sized businesses.
Specifics of participation of small businesses
The main features of procurement by small businesses lie in the area of financial and documentary support for participation in public procurement.
If large enterprise can afford to buy software, make deposits for participation in tenders and perform work or sell products in advance, then for small companies all these financial risks could turn into a complete disaster.
By the way, this is one of the main reasons why representatives of small and medium-sized businesses are in no hurry to get involved with the public procurement system.
What financial expenses will an entrepreneur have to bear if he decides to receive a government order:
- From 10 to 15 thousand rubles must be spent on purchasing an EDS (electronic digital signature) and software for it.
- Equip according to modern standards workplace PC operator.
- To participate in electronic auctions the supplier must provide cash security, the amount of which is determined by the customer (from 0.5% to 5% of the contract amount); participation in the competition is ensured by a bank guarantee. If the participating supplier does not win the auction, the contribution must be returned to him within 5 working days from the date of announcement of the auction winner.
- The customer makes payments for work performed or goods supplied only after the supplier has fully complied with the terms of the contract. In fact, entrepreneurs fulfill the contract for their own money, expecting that the state or municipal customer will return this money.
During the training process, small business representatives receive information on how to assess the level of benefits from participating in tender procurement, how to identify problem customers and how to defend their rights if they have been violated.
The development of the tender system has been observed in Russia since the end of the last century. The concept of tender is equivalent to the concept of competition. Its meaning is to find a contractor for government orders on a competitive basis. The entire regulations of this system are spelled out in the winner and a contract is concluded for any work, services or supply of goods. Today we will talk about what is needed to participate in tenders.
What are tenders?
Such competitions can be open or closed, held in one or two stages. In addition, there are varieties of specialized closed tenders, single tenders and requests for quotations.
What does participation in competitions give? The winner is given the opportunity to receive a profitable large order, and if it is a start-up company, to make a name for itself in the market. Many people are put off by the rather complicated participation procedure, but anyone can figure it out. Of course, beginners often need help, practical guide, explaining what needs to be done and in what order. Have you decided to take part in tenders? Step by step instructions will come in handy.
Why is it beneficial?
Information about where and what tenders are planned to be held is constantly available on specialized websites and in the media. When the competition is announced, the tender commission begins to consider applications from applicants.
It is not typical for small and medium-sized businesses to be active in bidding for government orders - there are many apparent difficulties. It does not take into account that the lion's share of municipal budgets these days is distributed, as a rule, through tenders.
Government orders support business no less effectively than benefits and subsidies. In addition, customers of municipal and public sector The law obliges to transfer at least 10% of the volume of work and supplies of goods per year to entrepreneurs.
Electronic auctions
Unfortunately, only large companies They are seriously engaged in tracking promising tenders, and all because of the need to maintain a special service for this.
Government orders are placed in different ways - in the form of a request for quotation, procurement from sole supplier(performer) or by bidding. The last method is the most common.
Nowadays, the majority of orders from the state are placed at electronic auctions; their share is over half of all auctions conducted. Such events are recognized as an effective means of combating corruption due to the anonymity of those involved, great competition and the availability (as they say, transparency) of all information.
Participation in tenders: step-by-step instructions for beginning businessmen
Let's look at what participation in an electronic auction is.
First of all, a suitable auction must be “calculated”. To do this, you need to carefully read all notices about such events, regularly visiting the official website, which has nationwide status and publishes announcements about future auctions 7-20 days before a certain date, which serves as the last day for submitting applications. You must indicate your desire to take part in the selected tender during this period - later your application will no longer be accepted for consideration.
Officially, there are five federal platforms for electronic trading, on any of which you will find a search form for auctions of interest and a register of all tenders. It is also easy to obtain summary information on the official website of the Russian Federation, which is dedicated to placing orders.
What is needed to participate in tenders
Next you should get an email digital signature(abbreviated as EDS). It can be purchased from one of the accredited ones in your chosen electronic platform special certification centers. The process of receiving it will take several business days (2 or 3). Signature gives legal status electronic document and fixes financial liability participant.
But digital signature alone does not guarantee that you will take part in tenders. The step-by-step instructions also contain the concept of accreditation. That is, in order to participate in auctions held by a particular platform, you must be accredited to it. Each of the five sites has its own accreditation. To do this, a special form is filled out on the site’s website along with an application to open an account. A number of documents are attached. Which ones exactly? We are talking about an extract from the Unified State Register of Legal Entities (if you individual entrepreneur- an extract from the Unified State Register of Individual Entrepreneurs), a power of attorney giving the right to participate in these auctions, a document on the appointment of a manager (decision or protocol) with the seal of the organization, a scan of a card with the company’s details.
Next steps
The operator will review the application within five days and provide a response on access or refusal (in the latter case, with explanations of the reasons). The number of retries is not regulated, but each application will require a five-day review period.
Having successfully passed accreditation, you will have at your disposal " Personal account", from which you will conduct all further actions.
The next mandatory step is to top up your own account trading platform as a guarantee of participation in the auction. The amount is fixed - for small entrepreneurs it is usually 2% of the initial order amount (its maximum). In other cases we are talking about five percent. You can get your money back after the account is unblocked (at the end of the auction).
Submit applications
The participant can now submit an application. You need to approach its preparation extremely responsibly, having first carefully studied all the auction documentation. The first part, anonymous, consists of confirming the participant’s consent to place required product(service) with a detailed description. Its second part contains detailed information about the participant with the attachment of all supporting certificates and licenses.
In addition to the application in the established form, the application for participation in the tender must include the most complete volume of estimate and calculation documents, where tabular form the cost of materials or services is given together with VAT at the time of bidding, detailed breakdowns of additional costs (transport, design and survey, etc.), as well as taxes.
Things to remember
A submitted application automatically equates to an agreement to comply with all the customer’s terms and conditions. If it is impossible to fulfill them, the contractor should withdraw the application. It is not accepted from the participant after the deadline set by the auction organizer. Refusal to participate in the tender (withdrawal of the application) is possible only before a certain date. The deadline for acceptance may be extended by the tender commission, of which applicants are notified.
When the deadline for submitting applications has expired, the customer reviews their first parts, the results of the review are formalized in the form of a protocol, which the site operator deadline must be communicated to all participants. This way you will know whether you are admitted to trading or not.
A little about the process itself
What are the main points you need to know when planning to participate in tenders? The step-by-step instructions say that in the bidding process itself, two concepts are most important - the auction step and the time remaining until its completion. The first indicator is strictly fixed - it is 0.5% of the maximum starting price(so says the law). The transition to the next step occurs at intervals of 10 minutes, during which the participant must make a decision - to offer more low price or not.
Participants are prohibited from submitting proposals with a price greater than or equal to that previously proposed. Zero-price offers are also prohibited. "In advance" lower the price by more than a step (below the minimum by at the moment proposals) is also impossible.
Completion of trades
If the last bid offered was the lowest (within ten minutes more than advantageous offers not received), the auction is now completed. Protocol with results in automatic mode is formed almost instantly, each participant appears in it only under an assigned number.
Who exactly won the tender will become known only after the auction is completed. The customer will receive the second part of the winning application, containing the details of the winning participant. He will be sent a government contract, which must be certified with an electronic signature within a certain period of time.
What's next?
In addition, an amount of monetary security for the contract must be provided, which by law is up to 30% of the original maximum price. This is done in the form bank guarantee, or the funds are credited to the customer’s temporary account.
Experts believe that by participating in tenders, any company receives important advantages. And although the tender system in its current form is far from perfect, it gives beginning entrepreneurs a chance to reach a major customer and increase their own status in the market.
The choice of tenders should be made wisely, without trying to cover all offers. If you fail, you shouldn’t be upset - after all, you have gained serious business experience.
What is typical for commercial trading?
Unlike state tenders, commercial tenders are organized in accordance with the norms of the Civil Code of the Russian Federation; the regulations for their conduct are established by the customer independently. When conducting them, the same principles are applied on which government auctions are based. But there are more competitive procedures - in the form of an open competition with or without pre-selection, closed, two- and multi-stage competition, request for prices, competitive negotiations, procurement from a single source, etc.
Thus, commercial tenders are mostly conducted similarly to government tenders. The only difference is the strict regulation of the latter by law. The form of private tenders is freer, and they are focused on the documentation of the customer companies themselves.
There is no single and universal law on which the organization of participation in tenders of this type is based due to the huge variety of individual areas of business, each of which has its own specifics.
Construction tenders
If your company’s activities are related to the supply of machinery (excavators, cranes, bulldozers) or equipment, as well as the sale of land for construction purposes, you will need serious clients.
This means that the company should take an active part in relevant competitions. Surely you would like to enter into a long-term contract with a large customer. Then take part in construction tenders. The principle here is the same: study the regulations for holding a suitable auction, create a package of documents consisting of an extract from the Unified State Register of Legal Entities, photocopied and certified by the tax authorities constituent documents(together with the charter) and an order for the appointment of a chief accountant, evidence of work experience along with copies financial reports for the last period, as well as copies of passports of all official representatives of the supplier company and a certificate of state registration of the enterprise. The person who will officially represent the interests of the company at the auction must have a power of attorney to participate in the tender.
Do not forget that the submitted application must have monetary support. If there is no available amount in the company’s accounts, it has the right to use a tender loan.
Government orders that scare small businesses
What are the disadvantages of government orders for small businesses?
In times of crisis, the state has become the most reliable and desired buyer. It would seem that entrepreneurs of all stripes must fight tooth and nail to win various tenders for the supply of their products to government agencies. But practice in once again disagreed with the theory. It turned out that the government order is unprofitable for small businesses and they are running away from it.
The reason for this phenomenon is the structure of the public procurement system in Russia. It forces entrepreneurs to become state creditors at the initial stage of processing government orders. Add here all the other guarantees and, according to experts, you will receive an increase in the company’s final costs to 150 percent of the contract value.
“On the one hand, the state strengthens the economic protection of the customer: securing an application, a government contract, no advance payment,” says Valery Malinovsky, chairman of the government procurement committee of the all-Russian organization OPORA Russia. - On the other hand, these requirements hinder the participation of business in government orders. Competition is decreasing and corruption is increasing.”
Currently, companies that have received government contracts are often required to provide cash security in the amount of 30 percent of the contract amount. And this is not just a whim of officials. Thus, the state protects itself from unscrupulous suppliers. Agree, it is much more difficult for a company to disappear after receiving an advance payment if the customer has an impressive amount of its money as collateral.
The scheme is quite logical and has a right to exist. If not for one thing. And this “but” is the fact that the Ministry of Economic Development and antimonopoly officials, according to Valery Malinovsky, recommend that government customers not pay an advance so as not to become victims of fraudsters. As a result, the state receives an interest-free loan from entrepreneurs, the funds for which were withdrawn from the company’s turnover. What does it mean for small enterprise taking and withdrawing a more or less substantial amount from circulation is not worth explaining.
Market participants emphasize that there are cases when the government customer requires small company monetary security for a contract, and a very large one at that, but in the end he doesn’t even pay the advance. And it turns out that the contractor fulfills the contract for several months exclusively at his own expense (do not forget that part of the company’s money is also pledged to the state).
Moreover, the entrepreneur is not free from the risk that end result will not suit the customer according to certain indicators. Tangible financial losses in such a situation are almost inevitable, even if the entrepreneur received a very large government order.
However, despite such frightening figures, the interest of small businesses in government orders is very great. Thus, according to preliminary estimates by the FAS, the share of participation of small businesses in government orders is at least 30 percent. At the same time, the legal quota for small enterprises here is set at 10-20 percent.
But analysts are ready to argue with such figures. For example, Alexey Shestoperov, an expert at the National Institute for Systematic Research of Entrepreneurship Problems, believes that the interest of private entrepreneurs in government contracts is low, and one of the reasons for this is the existing stereotype of a corrupt system.
“Businessmen think that government procurement is a very corrupt area,” says Alexey Shestoperov. “As a result, they don’t see the opportunity to win there.”
The opinion of the Chairman of the Board of Directors of MTS Fabrikant.ru, Sergei Gabestro, also differs from the FAS figures. He is sure that small businesses are left out of government orders, practically not participating in them.
Sergei Gabestro believes that the reason for this situation is the 94th law regulating the issue of public procurement. In his opinion, in order for a breakthrough to occur, this law should be repealed.
“Even the Civil Code can regulate the system more effectively,” Sergei Gabestro is sure. - Officials were so carried away by the fight against unscrupulous participants that they practically cut off small and medium business, forcing entrepreneurs to line up in a single line at Sberbank for a loan.”
According to the chief economist of Finam Management, Alexander Osin, the current system reflects, firstly, the ongoing crisis of confidence in the global economy. Bank rates for small and medium-sized enterprises, for example, are still higher than pre-crisis levels, and the requirements for borrowers have also become more stringent. The actual government policy in the field of government procurement reflects this trend in the global economy.
Secondly, there are systemic problems in how regulators manage the Russian economy. They are due to the fact that in conditions of weakening state control over the financial and raw material flows in the Russian economy, the trends in the formation of “strong” and “weak” industries are intensifying. At the same time, investment capital is concentrated in selected sectors of the economy, such as finance, development, retail, mining and processing of raw materials. The shadow, speculative direction of investments is increasing. To solve this problem, some changes of an administrative-legislative nature, including in the field of government orders, will not be enough. It is necessary to increase public investments that create manufacturing sector a basis for long-term, direct investments, which are initially more “transparent” in nature.
“Naturally, up to a certain point, this practice leads to increased competition among small enterprises and their consolidation; in parallel, in Russian conditions, the corruption component of this process is growing,” emphasizes Alexander Osin. - Its complexity and lack of transparency support this trend. In the future, we can actually get a significant reduction in the activity of investors in government procurement auctions.”
As they said in one large web studio, which wished not to advertise its name, their experience of participating in government orders turned out to be twofold.
“We won several tenders in Siberia to develop websites for government agencies, says the studio director. - But these were rather exceptions to the rules. In most cases, government orders were received by other companies, sometimes without a big name and offering more expensive and less technologically advanced solutions. At the same time, I can’t say that we made good money on government orders. The profit from these sites was lower than from similar projects created for commercial structures. For us, it was rather a matter of prestige and a reason to loudly declare ourselves in regions where our positions are not the strongest. Whether we will once again fight for government orders is still an open question.”
Entrepreneurs also complain that after they are “exposed” in the government procurement system, various inspection bodies simply break the chain.
“We participated in government orders several times, and we did not always receive them, but one or another always came to us supervisory authorities with the next check,” says the director of a small manufacturing enterprise from Astrakhan. “At the same time, inspections were carried out with particular passion, and they tried to find violations even where they never existed and could not exist.”
Sergey Semenov
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