Participation in tenders: step-by-step instructions, necessary documents, conditions. Participation in tenders
How to participate in tenders: general information about tenders + overview of the public procurement market and analysis of promising segments, as well as step-by-step instruction for business in 6 stages.
Business is constantly looking for customers, because, as you know, any enterprise either expands (scales) or contracts. And what client is better than the state?
The authorities have powerful administrative resources, access to the treasury, and enormous needs. Especially when it comes to humanitarian and social spheres. However, entrepreneurs are not particularly eager to cooperate with the state, fearing bureaucracy and legal difficulties.
So how to participate in the tender so as to come out of this initiative profitably and without unnecessary hassle?
To answer this question, you need to study the government procurement market, consider the tender itself - how to participate in it, and also highlight the most promising industries in which the state buys a lot and often from small businesses.
What is a tender?
Yes, we all understand that “tender” is a synonym for the term “ state procurements”, but ordinary people rarely think about what exactly is hidden behind it.
A tender involves a special procedure for purchasing goods or services for public money and is a key instrument of public administration.
Without tenders, the state as such would hardly have existed for long. This procedure is different countries have their own specifics, but, in general, comes down to two main schemes: competitive tenders and tenders from one participant.
We are most interested in the first ones, since the second ones are considered an exception, are held relatively rarely, and a limited number of firms admitted to them can participate in them. In practice, everything is not quite like this, but tender fraud is beyond our scope.
But competitive bidding is a completely different matter. Almost everyone can participate here if they have a sufficient amount of the necessary goods or are able to provide the service required by the customer. Moreover, large tenders are often divided into relatively small lots, which makes it possible for small businesses to participate in tenders.
Competitive tenders are conducted according to the principles of reverse auction or reduction. If at a regular auction the one who offers the maximum price wins, then here it’s the other way around - the one who offers the highest wins. low price while maintaining the required quality. The quality and other characteristics of the product must be confirmed by relevant certificates and conclusions.
Is the “game worth the candle” - a brief overview of the government procurement market of the Russian Federation
general information information about tenders from the state is contained on the website of the Unified System ( http://zakupki.gov.ru/epz/main/public/home.html), both in the form of graphs and in digital form.
- by the amount of contracts,
- by the number of purchases,
- at the maximum lot price.
At the same time, again according to the law, 10% of all tenders must go to small businesses. True, “small” in this case are rather medium-sized companies, but truly small businesses can choose something interesting for themselves and participate.
If you consider that the amount of government orders per year exceeds 32,000,000,000,000 rubles (that’s 32 trillion rubles, if you lost your count of zeros), then there will certainly be something for your industry.
However, the government distinguishes two systems for calculating tender procedures - according to the number of basic laws. That’s why there are always two numbers: 25.7 trillion rubles (223-FZ) and 6.4 trillion rubles (44-FZ). In total they give the same 32 trillion.
Moreover, from the point of view of international rating organizations (those that issue financial ratings), the main source of business enrichment in Russia is not oil or metal, contrary to the prevailing stereotype, but the state treasury. relies on government tenders.
In other words, in the USA or Western Europe rely on the development of innovation and enrichment through trade in a free market.
But in the Russian Federation, according to a number of foreign financial observers, businesses should focus on government tenders, since this is the easiest and simplest way to get rich without investing in know-how, etc. And the larger the company, the higher the need to participate in tenders becomes.
How to participate in tenders - step-by-step instructions
Formally, any willing supplier of services and goods (if he has them) required quality) may participate in public procurement under both contracts and agreements.
In practice, however, it is easier for small and medium-sized businesses to work with the contract system. It is more flexible and varied, and the tenders themselves are often smaller in scale. However, each individual case needs to be studied.
Oddly enough, but on the United website electronic system There are no clear and simple step-by-step instructions on how a business can work with tenders. It is assumed that everyone already knows everything well or can hire those who understand it.
Thus, large enterprises have entire departments that specialize exclusively in monitoring the scope of public procurement according to the profile of their company.
More information about procurements and how to participate in them is on the websites of electronic platforms, but it is more technical - how to set up a secure connection, what an electronic signature is, how to log in electronic office etc.
So our step-by-step instructions on how to participate in tenders will come in handy for many.
Step 1. What do you need to know before participating in tenders?
Any more or less reasonable entrepreneur understands that before developing a new market it is necessary to carry out marketing research, even if this “research” is very superficial and based solely on official materials.
In fact, even official data from the Unified System is more than enough to participate in tenders from the state, because now all processes are automated, which means they are displayed online on the website.
Let's assume that you are already familiar with the legislation (two basic laws) that regulates how to participate in tenders. So, let’s move on directly to a brief marketing research.
We previously wrote that by law, customers are required to make 10% of all purchases from small businesses. Therefore, state-owned enterprises and organizations are forced to break huge lots into small ones. This is inconvenient for them, but for individual entrepreneurs and small LLCs at government tenders it is just right.
But how can you find exactly those that are suitable among these thousands of tenders?
There are two ways here:
- end-to-end search with filters, which is available on the main page of the Unified System;
- special section for SMP ( http://zakupki.gov.ru/epz/gws/quicksearch/search.html)
The second point in practice turns out to be the same end-to-end search, but with pre-installed and configured filters for searching government tenders. You can find this option on the left in general menu Unified system.
*Section on tenders for small and medium-sized businesses
Information about tenders from the state can also be found on the websites of electronic platforms, where the tenders will be held directly.
Perhaps this section is best developed by Sberbank. To participate in tenders, you will need an electronic signature, which the sites themselves can issue, as well as a personal account. It's already practical steps, which we will look at in more detail later.
Analyzing sites
According to the website of the Unified Information System, five electronic platforms are allowed to tender from the state, each of which has its own disadvantages and advantages, but they often lie in technical details or the activity of the support service.
Everyone has the same basic functionality, otherwise they would not have been certified in tenders so that they could participate as key players.
*Electronic platforms from the list on the website of the Unified Information System
Let's say right away that most of tender procedures are carried out through Sberbank - it is considered to be more reliable.
General online statistics tell us that the majority of tenders are carried out through this platform:
When choosing a site where you will participate, it is better to look not at the name of the site itself, but at what area you work in and what sites your potential customers cooperate with most often.
Register for tenders where there is demand for your goods/services. These indicators can also be checked through the main website of the system, through an end-to-end search.
In general, the situation for the lots looks like this:
When is the best time to start working with public procurement?
Marketing research involves not only reviewing sites that are adapted for holding tenders, but also determining when there is the greatest demand for your products.
We will not look at individual goods and services, since there are too many of them, but general indicators must be studied before participating in tenders. The same website of the Unified System will help us in assessing data on government tenders ( http://zakupki.gov.ru).
The first and most important difference between government tenders and commercial ones is that the seasonal factor here has a completely different nature. So if you are selling winter clothes, then among ordinary buyers the greatest demand for it will be in the fall and early winter.
But if you are an official, then you must allocate budget resources for winter clothes to some employees at the end of the current period for the next.
Therefore, most often the peak of tender procedures occurs at the end of the year (in extreme cases, the end of the quarter), and the most important decline occurs immediately after the new year, when everyone is out for a walk and there is no time for tenders.
We see this in the procurement statistics by the number of lots under 44-FZ:
But here is a similar indicator for government tenders for 223-FZ:
Even more indicative is the seasonality factor in terms of prices for government tenders under 223-FZ:
Here we see a strong surge in activity in government tenders precisely at the end of 2016 and almost a decline in activity at the beginning of 2017. But it is worth considering that the largest transactions are carried out under 223-FZ, implementing them according to the contractual system.
For small businesses, statistics on contract tenders (44-FZ) are much more relevant:
Here we see a strong increase in the activity of tender procedures at the very end of the year and a sharp decline at the beginning. But what is more interesting is the gradual increase in activity from month to month with a new surge in March.
The fact is that the first quarter ends in March, and, as we already wrote, officials always buy everything in advance. The quarter is ending, which means it's time to stock up on fuel and food for the canteens for the next one. reporting period. Therefore, it’s time to remember government tenders.
The smallest “step” is 1 month. But there are also unscheduled tenders, so it’s impossible to predict everything.
Having analyzed the indicators for government tenders over the past year, we can also see that customer activity gradually decreases from May to August, starting to increase in early autumn, and reaching a peak in November-December.
This is due to the fact that officials have a vacation period in the summer and, in general, business activity in Russia dies down - few people are ready to participate in such tender procedures. It is dying down, but not dying, so this is not a reason to despair, but at the same time you should prepare to reduce prices, because competition will increase.
Be careful with officials
We must remember that the system, of course, is Unified, but it does not take into account everything. The slightest grammar mistake in tenders - and you will never find the advertisement you need.
This is one of the most popular schemes for manipulating government tenders in Russia. Officials, for example, have already chosen their matchmaker/brother/godfather, they want to give the order for a “kickback” from tenders to him (a share of payment for government orders), and do not want to complicate the life of their relatives with “extra” competition.
Then they make a minor mistake in government tenders, for example, in the title - they put an extra period or a comma instead of a period. Or, let’s say, they change the Russian letter “a” to the English “a”.
For a simple observer there is no difference, but for an electronic system these are completely different things: if you enter a search query with exclusively Russian letters, then with an English insert the system will not show the tender, and, as you know, out of sight, out of mind.
Such tenders will not be seen by either potential participants or regulatory authorities (they will only be able to check the final reports on tenders after the fact).
If no one except one person willing to participate (the same matchmaker-brother) wanted to take part in the auction, then officials can declare the tender through the competitive procedure unsuccessful. Then they have the right to approve the purchase from one participant or a closed competition altogether.
Thus, an unscrupulous entrepreneur will be able to sell goods to equally unscrupulous officials at a price sometimes several times higher than the market value. The government is fighting this phenomenon at government tenders, but somehow without much enthusiasm.
Note that similar schemes are used in almost all countries where they have already introduced electronic trading– from Portugal and Ukraine to Korea and Taiwan. There is no panacea here, because this is already a human factor. If an official wants to break the law, he will always find a way.
Why are we writing all this? Any businessman must be very, very careful both in searching for information about government tenders and directly in participating in them.
Do not forget that we are talking about public money, which means that responsibility for its waste will be more serious than a small fine. Nobody wants to get an article for embezzlement of public funds on an especially large scale, do they?
So in relations with officials it is better to play it safe several times: prevention is The best way avoid serious headaches.
Having understood the information component, read the legislation on government tenders, mastered the search elements on the Unified System website and calculated the activity cycles and “ critical days» officials, you can move on to the next step - preparatory.
Step 2. How to properly prepare to participate in Russian tenders?
All government tenders in Russia are held in electronic form, but paperwork is still largely paper-based. This applies to all kinds of certificates, as well as other permits or documents confirming the quality.
How to make them electronic for participation in tenders? That's right - digitize and “sign” with your electronic signature.
You will need a signature to register in your personal account of the selected electronic platform. If you register, then everything you enter into the system will already be considered certified by your electronic digital signature (EDS).
EDS attaches legal status all electronic copies of your documents, but most importantly - gives you financial liability, without which you will not be able to participate in government tenders.
To obtain a signature to participate in tenders, you need to fill out a special online form on electronic platforms, provide Required documents and become the proud owner of your digital signature. For example, for Sberbank you will find all instructions here - http://www.sberkey.ru
The entire process of obtaining it is optimized and usually takes no more than 3 days. This service is not free, but the price depends on the company itself, on the field of activity and on the site.
Once you receive the electronic signature, you must receive site accreditation. Simply put, fill out a form with information about your company to participate in tenders. There will be, among other things, the data that potential customers will see.
Different sites have their own accreditation system, but in general the requirements are similar:
- in addition to the digital signature, you will also need to enter its details,
- also attach an extract from the Unified State Register of Legal Entities,
- provide constituent documentation,
- confirm the identity of the manager/authorized person to work with the employee’s account, etc.
Your application will be reviewed within 5 days.
- You will receive a notification that you are accredited and a “personal account” has been created for you.
- You will receive a reasoned refusal, which will tell you why you were not accepted into the system and why you will not be able to participate in tenders.
You can resend corrected applications an infinite number of times, but after each submission you will still have to wait 5 days.
Step 3. How to use your personal account to participate in tenders?
This step can be called “practical” since you will finally be able to participate in tenders. But getting a personal account is actually not enough - you can view advertisements, but you cannot take part in tenders without a deposit.
To do this to your account on this electronic platform you need to deposit an amount equivalent to 2% of the order from the selected ad. Only then will you be able to submit your application for participation in tenders. If you lose the auction, your money will be returned to you.
When you choose an advertisement for participation in tenders, we again urge you to be vigilant when studying customer requirements, deadlines, etc. Especially in terms of necessary licenses and certificates! By submitting an application, you agree that you already have the product you are looking for.
This part of your application is secret - you will not see how others apply, their details, etc., and others will not see you. The most important thing is that they will not see the amount of your first bet. But the application also has a public part - a list of licenses and certificates.
The application itself is made in in electronic format, and is a statement of the established form. The nuance is that in order to participate in tenders, when submitting an application, they “remove” you and assign serial number– the customer, in theory, cannot know who he is dealing with, since he only sees this number.
Please note that in order to participate in tenders, your application must be as complete as possible, including not only the cost of the product/service itself, but also logistics costs, taxes, etc. By submitting an application, you agree to all the terms and conditions of the customer.
If suddenly you see that you cannot complete something, then it is better to withdraw the application in advance without any losses. At the same time, you must understand that you will only be able to revoke it until a certain date - this must be indicated in the advertisement.
The result of all this activity should be a notification in the form of a protocol to the customer, which will indicate who is allowed to participate in tenders and who is not. You can appeal the decision (including judicial procedure) after public procurement has been carried out.
Step 4. How to participate in the bidding stage?
And now your documents have been sent, the customer has accepted your application for participation in tenders. Now is the time to move on to the next step - bidding. Overall, there is nothing extraordinary here. If you know how an auction is held, then consider that you have already understood the essence of the process.
P.S. The only difference between an auction and tender purchases (reduction) is that the one who sets the price less, not more, wins.
As in a classic auction, government tenders have their own “steps” to lower the bid online. According to the law, the “step” size is fixed at 0.5% of the maximum starting price.
You are given 10 minutes for one “step”. During this time, you should consider how much further you can reduce the price and make your downside bet, or lose.
Remember that your task when participating in government tenders is to make money. This means that it is not advisable to reduce the price too much, with rare exceptions.
For example, you are participating in an auction, and you definitely need to win in order to receive the privileges specified in the law in the future. And these privileges, let us remind you, are granted only to those entrepreneurs who have already participated in government procurement, won them and successfully implemented the government order.
The most important advantage in tenders is that, other things being equal, the customer is obliged to choose the supplier who has the status of “conscientious”. If the step at government tenders is 0.5% of the price, then this is a serious advantage over competitors.
Also keep in mind that you most likely will not be allowed to excessively lower the price at government tenders before the start of bidding in order to further increase it.
However, there is a method of manipulation when the cost (not to be confused with the price!) of the goods is increased after signing the contract, bypassing the tori. This can be done by referring, for example, to the collapse of the ruble exchange rate or rising prices for raw materials and components.
The law requires that you benefit from the sale, but that benefit must be minimal. If you incur losses during tenders, you can compensate them after the fact.
Some use this rule for fraud: first they dump, lowering the price at tenders below cost, thereby eliminating all competitors, and then inflate the price after the conclusion of the contract.
But this is now extremely problematic (unless you are the already mentioned matchmaker of the head of the tender organizer, but this is extremely risky for both).
By the way, suspicions of underestimation of prices by a tender participant may become a reason for appealing the results of tender procedures. Moreover, you can even go to court if the price of the issue is high. This does not guarantee you victory in the next tenders, but it is still better than an inglorious defeat to a rogue.
Step 5. The tender is completed, congratulations to the winner
You made bids on tenders, your competitors made bids and - lo and behold! - suddenly it turned out that your bid was final - no one dared to set a price lower than yours at the tenders. Well, you are a winner! Hooray!
Although, we urge you to refrain from euphoria: firstly, the victory still needs to be formalized correctly, and secondly, now the real work of executing this tender begins.
In fact, all this is not so simple. Yes, if your word turned out to be the last, then you can already feel the taste of victory.
However, the formal procedure looks like this:
- At first, the bidding is conducted taking into account your secret requests, and the customer supposedly does not look at the open part and does not study it at all while the tender game is going on.
- Then, when the winner is determined, the customer of the tender opens the public part. There he studies certificates, licenses, logistics and other expenses.
- Only after this does he make a decision about who won.
So it may happen that the winner of the tenders is not the one who offered the lowest price, but the one who is geographically closer. Plus, do not forget about the advantages of a “bona fide” participant over newcomers in tenders.
In the end, let us recall one more factor: local authorities have the right to give preference in tenders to those firms that pay taxes in their region, thus stimulating the preservation of jobs, etc.
Simply put, even after the tendering process itself there are a lot of variables, so it is better to wait until you receive notification of victory.
You should rejoice at the stage when you see the protocol on the results of the tender indicating yourself as the winner, and your personal account receives a government contract that needs to be endorsed with your brand new electronic digital signature. Then the implementation of the contract can begin.
Step 6. Is there life after the tender?
Once you have decided to participate in tenders and won them, everything is just beginning. Firstly, you must fulfill all obligations under the contract within the specified period, and secondly, officials are not obliged to make payments within the specified period.
That is, formally they are obliged to do this, but in practice it periodically happens that officials are late with payment. This is especially true for periods of crisis in the periphery, where budgets are filled with government subsidies, which means there is a lack of funding.
No subsidies means no money in the local treasury, which means you have nothing to pay with.
Yes, you can go to court, refer to winning tenders, to protocols. The court will decide that the official is wrong, oblige him, and maybe even award him some kind of fine. But the customer will say that no matter how many fines you impose, there is no more money: “we are forced people.”
And there’s nothing you can do about it – you’ll have to wait.
So you need to be prepared for the fact that payment for tenders will not always be made on time. But still, you work with the state, albeit through separate organizations - the state is obliged to pay its debts sooner or later, it is not going anywhere.
That is, the minus here is that you cannot violate your obligations to the state in any way (and if you do, you may seriously regret it), but officials may not be so conscientious.
Complaints
Complaints regarding tenders are also an important indicator of the integrity of a government organization, as well as its solvency, which should be taken into account before participating.
The complaints describe in detail specific cases of errors by both customers and service/product providers. Therefore, we recommend that you familiarize yourself with complaints based on the results of other people’s tenders in the United information system in the appropriate section (can also be easily found in the site menu on the left) before bidding.
Complaints regarding tenders are searched through an end-to-end search with a whole set of filters:
Based on the complaints regarding tenders reviewed, we can note that most of them are returned without consideration. In second place in terms of number are complaints considered in favor of the customer of tenders, which implies confirmation of the results of tender procedures (the next authority is only the court).
The fewest decisions were made in favor of tender participants. However, this is not a reason to give up complaining - this tool works. But it only works where there are compelling reasons for revising the results of tenders.
Do not forget that by appealing tenders, you stop the process of acquiring something, and then the enterprise or organization will find itself without what it needs. For example, there are often cases of appeals against food supplies in educational institutions or equipment for medical institutions.
This means that while you are arguing who is right with the customer and other participants, children may be left without food or patients without the necessary treatment.
Of course, your commercial interests are important, but you shouldn’t forget about social responsibility, even when it comes to tenders.
How to start participating in tenders from scratch?
5 necessary steps to receive the first contract:
Brief summary of participation in tenders
The conclusion from the article will not be the most extensive, because the instructions were quite detailed.
The main thing that an entrepreneur should understand before participating in tenders is whether it is worth getting involved in all this bureaucratic history in order to sell goods at low prices?
Of course, a small income is still an income, not a loss, but there will also be a lot of paperwork. So evaluate your chances in advance, before how to participate in tenders, play in auctions and make money on government procurement, not forgetting about care and scrupulousness.
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A tender is a kind of competitive selection that is carried out among suppliers of goods or persons providing services.
The undoubted advantage of this choice is that consumers or their representatives can choose the best option from the many presented. The downside is that becoming a tender participant is not so easy, especially for beginners. The tender can be paid, free, open or closed.
Participation in tenders: where to start?
If we are talking about the tender department, then the difficulty first of all is to choose a project and a customer. First you need to consider the requirements for the order and find out as much as possible about the customer himself.
This is done by studying specially created tender sites, Internet sites or paper materials, if they are provided by the potential customer.
In order for the work process to be as efficient as possible, it is necessary to correctly distribute responsibilities.
Typically, the conditions are reviewed by one person who, ideally, knows the basics of jurisprudence. Knowledge legislative framework will help determine the customer’s honesty and the fairness of his demands.
When participating in auctions, you must adhere to the following recommendations:
- It’s better not to waste your time trying to study the entire proposed list of tenders, but to visit sites that divide orders by area and topic. This way you will immediately know whether the tender is suitable for the area of activity of your department.
- Don't grab the first order you come across. Carefully study the conditions, material rewards and the period allotted for preparation. If the conditions are acceptable, you can contact the customer company and find out all the points of interest. Only after this the order can be accepted for execution.
Tender for beginners
Beginners often experience difficulties not only when searching for an order, but also when working on it. It is best to start with a small “budget” order. It is best to contact a professional who will help you understand the intricacies of contracts and not be left in debt.
Determination of a public procurement participant
The third article of the law on the contract system regulates the selection and implementation of supplies of goods and services for the needs of the state.
Participants
- State authorities (executive) that regulate procurement.
- Other organs executive power, including local ones, who have the right to control procurement.
- Rosatom is a nuclear energy company.
- Customers.
- Performers.
- Specially created organizations.
- Representatives of electronic platforms.
A participant is a link in the procurement process, which can be represented by a legal or an individual(even I.P).
The state customer is one of the authorities or a government agency that has the right to act on behalf of Russian Federation(Article 5 of the third law on the contract system).
Search for tender
Searching for a tender is a stage that the contractor cannot do without. The process includes a certain order of actions and its result depends on the quality of the distribution of responsibilities and their implementation.
The main source of orders is the Internet, where the websites of both private customers and those offered by the state are located. Most of these sites are designed to work with entrepreneurs and have limited access.
Finding a good tender is not easy, achieving participation in it is even more difficult, so the search stage can be considered one of the most important on the path to achieving the goal.
Experienced search engines spend less time searching and selecting, but a beginner will have a difficult time. We have to review 10-15 sites a day.
Receiving an electronic signature
An electronic signature is something that neither the customer nor the contractor can do without. It represents a certain amount of information with an electronic signature attached to it.
You can find out how to obtain a signature in the Law “On Electronic Signatures” dated April 6, 2011. The law provides for the development and expansion of e-business infrastructure. On this moment There are three types of signatures:
- Simple.
- Reinforced.
- Qualified.
The owner of this type of signature can both receive and provide services that require personal identification in accordance with current legislation.
To obtain it you need a passport and a certificate from Pension Fund. Theoretically, the service is free, but the user will still have to pay a small fee for the electronic media.
In order to apply for the service, you need to contact service center and provide a list of papers.
Preparation of documents:
- Passport.
- Certificate from PF.
- Email address.
The absence of at least one piece of paper is the reason for refusal to obtain a signature.
Accreditation on the electronic platform
Electronic trading platform is one of the types of online auctions that are held based on the 44th Federal Law of January 1, 2011.
Each participant has a so-called personal account, which is accessed after passing accreditation. Accreditation allows you to take part in auctions and tenders on various platforms.
It is noteworthy that each service requires accreditation, regardless of whether it has been passed on other sites or not.
Prerequisites
- Providing reliable information.
- Order fulfillment guarantee.
- Availability regulatory documents, confirming the status of an individual or legal entity.
- Application insurance premium.
- Non-disclosure of information about the order and the customer.
Choosing a supplier determination method
The competition is considered full-fledged when 2 or more competitors participate in it. In case of failed competition, the customer reserves the right to extend the tender or select a single bidder.
Studying documentation and preparing an application
The Contractor is obliged to fully study the documentation and conditions put forward by the customer before becoming a participant in the tender. You need to be sure that there are enough technical, material and intellectual means to complete the task.
It is best for beginners to seek help from professionals who will tell them about possible pitfalls in applications. An incorrectly filled out participant form can rarely be corrected, which can completely ruin participation in the desired project.
Federal Law No. 44 regulates the requirements for product characteristics specified in the questionnaire. Everything should be described clearly, without omissions or exaggerations, and most importantly, objectively. The customer can use trademark If:
- Absent alternative way ensuring an impeccable description of the subject of procurement;
- There is a need to use goods not included in the contract when performing work.
There is a need to check documents that confirm the compliance of the indicators of the purchased goods or product with the customer’s requirements. These papers must contain both minimum and maximum performance acceptable error.
The following items cannot be specified in the requirements for procurement documentation:
- Manufacturer of a specific product.
- Personal preferences for a participant in the procurement process.
- Guarantee of the availability and serviceability of equipment that creates or transports goods.
2 mistakes you should NOT make when applying
Participation in the auction and raising funds for this
In order to become a participant in the tender, you must have a certain amount of money in your account, which serves as collateral. If you win the competition and refuse to participate, the deposit will not be returned.
There are several more conditions without which it is impossible to fight for victory:
- After depositing an amount from 0.5 to 5% of the declared contract amount into the electronic account.
- An alternative to depositing money is to use borrowed money. An undoubted advantage of this type of payment is that the funds remain in circulation and are not withdrawn from the business. The loan makes it possible to participate in several tenders at once.
- Fill out the form, entering all the necessary information about the services provided by the participant.
Thanks to Law No. 44, a register of guarantees of banking services has been operating in Russia since March 31, 2014. All credit organizations that are involved in issuing guarantees for bank payments and providing financial support for government payments contribute to it.
All conditions for registering can be found at the Bank of Russia; it is also published on the website of the Ministry of Finance of the Russian Federation. Violators of the terms of the register are blacklisted for a period of two years.
Conclusion of a contract and its provision
After winning the competition and paying the insurance premium, the performer can begin to perform his duties. In the case where the contract amount is estimated at more than 50 million rubles, the customer undertakes to establish insurance equal to 10-30% of the maximum contract value.
If the amount of the advance is 30 percent or more greater than the maximum contract value, the insurance is equivalent to an advance.
If the customer reduces the payment after the final selection of the contractor by more than 20%, the platform administration applies the measures described in Article 37 of Law No. 44.
If the contract amount is less than 50 thousand rubles, instead of bidding, you can conduct requests for price quotes, Where annual size purchases do not exceed 10% of the customer’s total income.
Watch a detailed webinar on participating in tenders
Tender classification
There are three main types of tenders that can be found on all thematic platforms.
Open
An open type of tender is freely available, that is, everyone can participate (physical and
legal entities). Customer benefit in this type competition is that it has a wide selection of performers and can find a profitable option. Most often, such tenders are posted as advertisements on the Internet.
Closed
A closed tender implies a limited circle of performers. Most often, such a competition is announced by large companies that already have experience working with invited performers. Closed tenders are valued more expensive than open tenders.
Purchasing from a single source is often beneficial for the customer for a number of reasons, which is why some customers prefer this type of tender.
Two-stage
A two-stage competition is announced for specific goods and services. At the first stage, the customer accepts proposals without specifying a price, and at the second, he clarifies all the conditions for those who passed the first qualifying round. At the same stage, performers offer prices for their services and make some adjustments to the requirements.
Selecting a site and topic
Both customers and contractors select sites by trial and error. There are websites on which both public and private orders of various subjects are posted. To choose suitable option, just enter the keywords in the field provided for this.
Stanislav Matveev
Author of the bestselling book "Phenomenal Memory". Record holder of the Book of Records of Russia. Creator of the training center "Remember Everything". Owner of Internet portals in legal, business and fishing topics. Former owner of a franchise and online store.
5 MAIN MYTHS ABOUT TENDERS. What you need to know when starting to work on tenders.
During the crisis, companies began to participate more actively in tenders; in some segments, the number of participants increased several times.
The curtain market is no exception. At MosBuild we received a huge number of questions regarding tenders. We decided to declare April the month of tenders and cover this issue in detail on our website.
04/10/2015, Business
Today we are meeting with tender specialist, consultant and teacher, Asya Muftakhina. Asya is one of the key speakers at the “Participation in Government Procurement” seminar, which will be held on May 28-29. With Asya we are discussing what is important for salons to know to start working with tenders.
Maria Belova asks questions.
Asya Muftakhina
– ASIA, HELLO, PLEASE TELL US ABOUT YOUR EXPERIENCE WITH TENDERS.
– I have been involved in tenders since 2010, I started participating as a supplier, I went all the way, I found all the errors that could be found. After working as a supplier for 3 years, I worked in the customer organization, that is, I organized procurement for my department. Therefore, I can perfectly imagine the process of work on both sides.
Now I am an individual entrepreneur, a consultant on participation in government procurement for small and medium-sized businesses.
– HAVE YOU HAD ANYTHING CLOSE TO OUR AREA?
– Recently I trained entrepreneurs who were engaged in curtains. Now I have a lot of designers (both web and interiors).
– I HAVE NEVER PARTICIPATED IN TENDERS, I KNOW NOTHING ABOUT IT EXCEPT THE REVIEWS OF COLLEAGUES. WHEN THE WORD “TENDER” GIVES ME A FEELING OF SOMETHING COMPLEX AND CORRUPT. BUT THIS MARKET IS EXTREMELY INTERESTING, WE REGULARLY PUBLISH TENDERS WITH AMOUNT OF MORE THAN 1,000,000 RUBLES, SO LET'S FIND OUT HOW REAL IT IS FOR CURTAIN SALON TO WIN A TENDER.
FIRST, WHY ARE THEY EVEN CARRIED OUT?
– Any government organization, if it wants to purchase something, is obliged to hold a tender. It doesn’t matter at all whether she buys stationery or major renovation buildings – in 95% of cases a tender will still have to be held. There are several types of tenders.
– TELL US IN MORE DETAIL.
– There is the simplest tender – called “request for quotation”. If the customer announces a request for quotes, then he evaluates you only by price. Initially, he writes a technical specification: I should have curtains like this, this material, this color.
– There is an electronic auction - it is similar to a “request for quotation”, in which participants are also evaluated only by price, but it is held on the Internet.
– There is an open competition. Here a quality criterion already appears, and the customer will be happy to evaluate your work experience and everything that he can think of in terms of quality, he will also evaluate in terms of quality: the number of your clients, the number of government contracts you have completed, and everything he can come up with if he suddenly needs...
There are several more types.
– LET'S TALK ABOUT THE BASIC MOST COMMON CONCEPTS ABOUT TENDERS. FIRST - CORRUPTION IS SO HIGH THAT IT IS IMPOSSIBLE TO WIN.
- Can. We won tenders that were not made for us. Yes, there are some industries in which it makes no sense for non-specialists to participate: construction over 10 million rubles, you need to know the specifics, down to what word to write, what product, where to indicate millimeters, where to indicate centimeters.
– WHAT IF WE TAKE SOMETHING SIMPLE?
– The lower the price, the more likely it is possible. The customer is also monitored by the Federal antimonopoly service. And if you, as a participant, feel that your application was rejected unfairly, you can file a complaint against them. Accordingly, the Federal Antimonopoly Service will come and begin an inspection, and for various reasons, no one needs the arrival of an inspection body.
– BUT THE SECOND FEAR IS THAT I MYSELF, WITHOUT A BROKER, WITHOUT A KNOWLEDGEABLE ASSISTANT, I WILL NOT BE ABLE TO LEARN TO COMPLETE ALL THIS DOCUMENTATION AND SUBMIT IT, THAT THIS IS SUCH A COMPLEX PROCEDURE THAT IT IS NOT REALISTIC TO FIGURE OUT MYSELF.
– In fact, the most difficult thing there is the documentation. When a customer announces a tender, it is accompanied by a stack of documents. Three quarters of this pack is a repetition of the main basic law that operates in the field of government procurement - the 44th, and literally 10 pages of technical specifications and the conditions themselves - that is, 10 pages that need to be read.
– IS THIS REALLY SOMETHING UNREALLY COMPLEX OR YOU CAN LEARN THIS AND PASS IT ONCE – CAN YOU ALL YOURSELF WITHOUT A BROKER?
- Can. And in the case of small businesses, it’s even necessary!
– This is the first time I’ve heard about “thrown in.” Probably we are talking about non-payment? The fact is that the formidable FAS will also find out about non-payment and will also come to the customer with an inspection. As I already said, no one needs this. With small amounts and good faith on the part of the supplier, problems are unlikely to arise.
– I HEARD THAT THEY MAY NOT PAY FOR A LONG TIME, FOR EXAMPLE.
– You need to read the terms of the contract, they may say until the end of the year, but play the competition at the beginning of the year. Payment must be made by the end of the year. Although, in my opinion, there is already a rule in place that requires payment 10 days after signing the act. This is if according to 44-FZ.
– THERE IS NO ADVANCE PAYMENT?
- The prepayment has now been removed. Previously, it was possible to work with a 30% advance payment.
– WHAT OTHER OPINIONS ABOUT TENDERS ARE MISCONCEPTS?
– I would name five main ones:
It is impossible for a young and inexperienced company to win.
- purchases are carried out after the work is done.
- FAS is always on the customer’s side.
- customers live on kickbacks, the winner has long been known. Even if we win, they won’t sign the act for us.
– LET’S CONSIDER HOW THE TENDER SYSTEM WORKS, WHAT ARE THE MAIN PLAYERS?
There is a single portal where all tenders are published - State procurement, zakupki.gov.ru.
The customer publishes information about the tender and selects sites where the tender will be held. From a single portal, all information is posted on the site.
The participant - supplier, small business, also has access to both the sites and a single portal and can use it.
The main regulatory organization is FAS (Federal Antimonopoly Service).
It is important to take into account that the customer may have several departments involved in the tender. On the one hand, it will be tender department- people who are involved in legal registration, on the other - the internal customer who needs to purchase it. These are two different structures, and they often conflict with each other and do not understand each other. It is necessary to take into account the subtleties of working with them.
– ANOTHER QUESTION, GOVERNMENT AND COMMERCIAL ORGANIZATIONS CAN PLACE TENDERS, HOW OFTEN DO COMMERCIAL ORGANIZATIONS USE THIS TENDER?
– Commercial companies, like government ones, are required to place everything through tenders if the cost exceeds a certain amount. The amount is different in each category.
If, for example, Gazprom needs curtains, it will hold it through a tender. If Sheremetyevo – also by tender.
– WHERE WILL THEY PLACE IT INITIALLY, THROUGH GOVERNMENT PROCUREMENT?
Yes, initially they are included in government procurement, both public and commercial.
Another market player is brokers.
– HERE WE REGULARLY HEAR ABOUT THE FOLLOWING PROBLEM: ON THE ONE HAND, BROKERS HELP TENDER PARTICIPANTS, REMOVE THE HEADACHE WITH DOCUMENTATION, BUT AT THE same time A LOT OF FRAUD APPEARS. THERE ARE QUITE A LOT OF BROKERS IN THE MARKET NOW, WHO MANY SAY THAT THEY ARE STATE, AND ARE EVEN CALLED SOMETHING “GOS-...”, BUT IN ACTUALITY A REGULAR COMMERCIAL BROKERAGE COMPANY. THEY MISLEAD PEOPLE, ASK FOR AN ADVANCE PAYMENT FOR PARTICIPATION, AND AS A RESULT IT MAY NOT BE REFUNDED, THEY DO NOT GIVE ANY GUARANTEES, OR THEY GIVE THEM - TAKE MONEY, AND PEOPLE DO NOT WIN. WE HAVE HEARD A LOT OF SUCH FEEDBACK.
– Maybe they just don’t understand what a broker is? The broker does not guarantee that you will win.
– BUT PEOPLE ARE MISLEADED. AND THEY ARE RUDE AND BLACKMAIL. AT FIRST PEOPLE SEEMS TO AGREE, THEY ARE TOLD YOU WILL WIN, BUT YOU NEED TO PAY A DEPOSIT.
– The word prepayment is a red light. If you hear the word prepayment, immediately think that something is wrong here.
– IF I CAN FIND AN HONEST AND PROFESSIONAL BROKER, CAN HE ASK ALL MY QUESTIONS AWAY?
– You need to understand that the supplier will still be related to the tender. You can't just hand it over. Because any broker, no matter how experienced he is, does not understand your product. And the main part, especially for competitions where there is documentation of what you are ready to provide, must be done by the supplier himself. No broker can do this.
– SO THE BROKER’S GOAL IS TO HELP PREPARATE THE CORRECT DOCUMENTS?
– The broker deals with the legal part and comprehensively manages your participation in the tender so that everything is done on time and correctly. But I never undertake to do technical specifications regarding the product and pricing. These two points, no broker can do without you. If someone promises this, then this is already strange.
– DO I UNDERSTAND CORRECTLY THAT IT IS VERY IMPORTANT TO DRAFT A QUALITY CONTRACT AND PROTECT YOUR RISKS TO THE MAXIMUM?
– The contract is drawn up by the customer. He has a ready-made form of agreement - a draft agreement, which he uses. Here the question is in the technical specifications, it is important to fulfill the points of the technical specifications and sign the execution of our service at each stage. Because at many stages subjective opinion works.
– BEAUTIFUL/UGLY, WORKS/DOES NOT WORK, SELLS/DOES NOT SELL.
– Therefore, at every stage where you feel that a risk may arise, you draw up an act. Depending on the customer, agree on what exactly to compile. At least get confirmation from him in writing by email. The best option to communicate with government customers is by e-mail, and not just by phone. So that you have written confirmation from him that yes, he agrees, and explicitly. Not just streamlined phrases about the fact that they looked and decided something, but an obvious one: “yes, we accepted this work.”
– LET'S TALK ABOUT HOW TO DEAL WITH INVALID TENDERS. LITERALLY THE other day, the OWNER OF THE SHOP AND SALON CALLED US, SAYS: “VERY STRANGE, I WANT TO APPLY FOR PARTICIPATION IN THE TENDER, BUT THE CONDITIONS SPECIFY FABRIC WHICH PRACTICALLY DOES NOT EXIST IN NATURE.”
– You can file a complaint with the FAS, but in the option that you describe, it is quite useless, because the FAS does not deal with qualitative characteristics. If the procedure was violated, they may come and say “ah-ah-ah,” but if you come to them with qualitative characteristics, they will say that we are FAS and will not understand curtains. Most likely this will not happen. You can try it to show that you have some teeth. The supplier has its own complaint history, it is available and any customer can view it. If you participate in some kind of tender, you address the customer with a question. The customer can say: “read the tender documentation” - he really likes this. Or maybe they look at your complaint history and understand that you won’t stop there and will go to the FAS and they will answer you normally.
– I.E. IT IS BETTER NOT TO PARTICIPATE IN SUCH TENDERS. YOU MENTIONED TYPES OF TENDERS, WHICH ARE THE MOST TRANSPARENT?
– Requests for quotations for amounts less than 500,000 are the most convenient type of tender for both the customer and the supplier, so try to use it. The second most convenient is an electronic auction, it is more complex than a request for quotes, but it is more transparent, because the customer does not see who is participating in the auction. When someone wins - offers a lower price - then he can see you.
– AND AT SOME PERIOD THERE IS A STRUGGLE
– The auction takes place online, on a certain date, designated by the site. At this time, you must come and participate in the auction.
– SO THE QUALITATIVE CHARACTERISTICS ARE NOT INVOLVED THERE?
– No, they do not participate in the electronic auction. You are judged only by price. If you meet the formal criteria: accreditation, with a bank guarantee provided on time, if required, signed a contract on time. There are legal issues for which the customer can reject you, but if you comply with them, then everything will be fine
– WHAT IS THE MOST DIFFICULT TYPE OF TENDER TO PARTICIPATE?
– Open competition. There is the maximum amount of documentation, the maximum possible criteria. Everything that can be complicated is complicated.
– IT IS CLEAR, IT IS VERY IMPORTANT TO IMMEDIATELY PAY ATTENTION TO THE TYPE OF TENDER IN ORDER TO DECIDE WHETHER TO PARTICIPATE OR NOT.
– I would like to draw your attention to the fact that the formal side is very important: compliance with deadlines and procedures. The customer usually knows that this is very critical, but as for small businesses and suppliers, I am faced with the fact that “Oh, tomorrow we will sign a government contract, the day after tomorrow we will sign.”
And another common misconception is that “I can do better.” The customer specifies one thing in the documentation, and I can do better. The customer better not need it, he needs it exactly as in the technical specifications.
– WHAT IS THE PROCEDURE TO START WORKING WITH TENDERS, WHAT YOU NEED TO DO BEFORE YOU CHOOSE AN INTERESTING TENDER.
– First of all, you need to create a search core and learn how to do correct targeting. It's not difficult at all, but it makes your life a lot easier. And then, depending on the type of tender. If this is a request for quotes, then you can participate immediately; if this is an electronic auction, then you need to obtain an electronic signature and register. Although I recommend taking some educational courses first, I remember how at one time I suffered at every stage.
– TWO WEEKS ESSENTIALLY WITH RESERVE. WHEN YOU ARE ACCREDITED, WHEN YOU HAVE PASSED EVERYTHING ONCE, IS IT ALL FAST?
- Yes, much faster. The only thing is that it is important to allow time for a bank guarantee if you need it. We will talk about this in detail at our seminar on May 28-29.
– THANK YOU FOR THE DETAILED ANSWERS.
You can find out more about the seminar
Participation in tenders can bring good income. However, most companies do not dare to take such a step because they do not know how to carry out this procedure correctly. This article was written specifically to highlight all the important points related to the tender market. By reading this article to the end, you will be able to significantly increase your knowledge in the field of tenders.
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Participation of companies implies compliance with certain rules that will be regulated by the terms of the tender. Failure to comply with these rules will result in immediate refusal to cooperate. Despite all the difficulties associated with tenders, they should not be ignored. By concluding a lucrative contract, you can make good money.
It should be noted that the scope of tenders is quite wide. They can be used both in the industrial automotive industry and in ordinary small businesses that provide services or goods.
In order to participate in the tender, it is not enough to have a proposal from the customer. You need to clearly understand how to participate in tenders in order to prove yourself from the best side.
Tender classification
- open;
- closed;
- two-stage;
Each of the above types has its own characteristics and regulations. Let's explain each in detail.
Open
An open tender is a procedure by which the customer invites everyone to take part in the tender. Potential participants can learn about the tender from advertising campaigns and special websites.
Most often, tender documentation is sent out free of charge or the cost is set to cover all the costs that arose during its creation. Such documentation usually includes the presence of conditions and rules that must be followed throughout the tender.
In most cases, this type of tender is used to carry out public procurement orders. The same cannot be said about ordinary companies. The direction does not provide for this type of training.
An open tender makes it possible to receive an order for a very favorable conditions. However, an unlimited number of participants can register, which in turn increases the workload on the service staff.
You can order services for holding a tender from specialized companies or conduct it yourself.
Closed
A closed tender is held among a limited number of participants who have received an invitation to participate.
The organizing company recruits participants according to the following criteria:
- good reputation;
- high rating;
- image;
To increase the attractiveness of your company, you need to have good self-promotion. This is what large companies do. More and more often we notice them on TV screens or other media.
Participants in such a tender will never know about each other before the official start of the tender. This condition makes it possible to exclude collusion between companies. To conduct such a tender you do not need to spend a lot of time and effort. And the list of participants, in most cases, does not exceed 5 companies.
Two-stage
Most often, a two-stage tender is called a specialized tender with a limited number of participants. A two-stage tender differs from a closed tender in that it has an unlimited number of participants. In order to participate in such a tender, you must comply with certain rules that govern the rules for conducting this tender.
The two-stage tender is carried out in several stages. However, it should be noted that in this case, more time will be spent on conducting such a tender.
The procedure is as follows:
- The organizing company is preparing test, with the help of which it determines the strength of the company. Based on the solution to this task, the participating company prepares a proposal.
- At the final stage, a decision is agreed upon.
However, conducting such a tender is divided into several components:
- “prices” tender, in which participants communicate prices, terms, quality, etc.
- “open brief” tender, in which the customer indicates an approximate vision of the project, and the participants offer creative option solutions;
Who can take part?
The basic conditions for participation in tenders are quite simple. Both companies and individual entrepreneurs. Domestic and foreign companies can participate in the auction. It should be noted that in order to participate in the tender, you must have a pre-specified list of documents.
How to participate (step-by-step instructions)?
To take part in a tender you need to know what is needed for this.
We offer step-by-step instructions, following which will help you take part in the tender:
- At the first stage you need to collect required list documents that submit an application for participation in the tender.
- After the application is submitted, you confirm your participation, agree to the terms and conditions and undertake to comply with them until the end of the competition.
- If something doesn't suit you, then you can withdraw your application or make changes, but only strictly after the deadline set by the organizer.
- At this stage, the special tender commission has the right to extend the deadline for accepting applications. If the conditions of the event change, participants will receive written notification.
- If the list is full or the application deadline has expired, then the official consideration of applications begins, which requires in-depth study.
Sample application
We point out that the application consists of two parts. The first part describes the agreement on the conditions by which the procedure for conducting the tender is regulated, as well as the provision necessary information about the product.
The second part provides information about the participant, which includes the presence of:
- details;
- certificates;
- permits;
- licenses;
It should be noted that the application can be submitted either electronically or in writing. If the documentation is completed correctly, it will be accepted from you.
Rules
The conduct of a tender is regulated by a strict sequence of necessary actions that must be followed to conduct any such event.
The rules include 7 stages, with the help of which the procedure for conducting a tender is normalized:
- Formation of a list of necessary requirements that tender participants must comply with. As well as making a decision on holding a tender.
- Invitation to participate.
- Selection of participants. Depending on the type of tender, the selection of participants will be made before a strictly established deadline.
- Clarification of the parties' positions.
- Collection and presentation of ready-made proposals.
- Final selection of the best offers.
- Announcement of the winners.
If you are going to take part in tenders, then you need to know the following list important points, which relate to tenders:
- Knowledge Federal Law №94 will help determine the terms and conditions that the customer should have taken into account when drawing up the tender regulations.
- Choose one. The Russian government has established five existing trading platforms.
- Get a unique digital signature. Such a signature allows the document to acquire legal significance.
- Pass the necessary accreditation on the selected trading platform.
- Conducting auctions. Typically, one procedure should not exceed two days.
- If you win the tender, then you need to sign a contract.
Preparation of documents
The preparation of documents must be carried out in accordance with the established list of required papers for participation in the tender, which were determined by the customer.
To take part in the tender, you need to prepare the following list of certified copies of the following documents:
- Registration certificate.
- A document that confirms that you are a taxpayer.
- A certificate from the bank indicating your financial stability.
- Help from tax office, which confirms the absence of debt to the state.
- Balance sheet for the previous year.
- Certificates that confirm the standard quality of the product.