Rules for participation in tenders for construction. Participation in tenders: simple words about complex things

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Tender is a competitive (competitive) way to select proposals from different areas. What is offered? This may be the supply of goods, the provision of services or the performance of any work. Everything is formalized under certain conditions and terms in compliance with the principles of competitiveness, productivity and objectivity.

By the way, ignorance of the tender conditions is the main factor in refusal to conclude an agreement.
All the difficulties of filling out an application should not be a reason to ignore such auctions.
They are a great opportunity for any company to take on an order on the most favorable terms. In order to win such an auction, you need not only to have a proposal that meets all the requirements, but also to have knowledge of the tender rules, how to participate and profitably present your offer.

The procedure and features of the tender

Russian and foreign legal entities can participate in the auction. Each customer sets his own requirements for the contestants. As well as the conditions of participation. Applicants must, in accordance with all these criteria, make the most advantageous proposal, drawing it up in the best way in accordance with all the rules.

The participant needs to collect the documents that are in the list of the customer. The entire package must be submitted by the date indicated. Before the expiration of the term, it is possible to change something in the application or withdraw it. But after the time allotted for reception expires, neither proposals nor amendments to them are accepted.

When the acceptance of applications ends, the date of the meeting of the tender council is set. Here are the chairmen (the composition of the commission must be at least five people):

get acquainted with the proposals;
check the package of documents;
discuss applications;
prepare a conclusion.

In conclusion, the members of the commission decide on the victory of one or the participant by voting. And a contract is already signed with him.

One of the features of the competition is its publicity. The customer announces his intentions to purchase goods, works or services through the media. It is said not only about the upcoming event, but also about its conditions and rules.

Participation is free of charge (except for the security of the application). But if the contractor does not fulfill the terms of the contract, then he will be obliged to pay the damage caused by these actions (inaction) to the customer. Each company can submit only one application.

Studying the classification of tenders

Competitive purchases are:

commercial and state;
closed and open;
one-stage and two-stage (multi-stage);
auction and competitive type.

Government or commercial

The division of tenders into state and commercial determines the composition of the participants. State and municipal auctions are regulated by 94-FZ, commercial ones are regulated by customers.

open or closed

Open or closed tenders are depending on the specifics of the conduct.

Information about open auctions is published by all available means. Both individuals and legal entities can participate in them. This type is especially common in the public procurement environment, ordinary enterprises use it much less frequently. This is a fairly effective way of conducting, since it creates a competitive environment in its conditions. In addition, applicants under such circumstances are completely free to familiarize themselves with the requirements.

Closed tenders are not published, invitations to participate in them are sent to certain organizations in advance. The circle of participants is significantly limited, their list is not disclosed.

Auctions or contests

The applicant who offers the best conditions by several measures wins the competition:

price;
quality;
purchasing properties of the offered product or service;
qualification of the performer;
terms of implementation;
guarantee.

The auction uses one criterion - the price. Currently, Internet auctions are of paramount importance in the distribution of government orders. In this case, the customer sets the base price, and the one who offers the lowest price wins. Gets a kind of "reverse" auction.

Single stage or two stage

One-stage tenders are conducted to a greater extent for low-budget purchases in small volumes. The bottom line is this:

the customer clearly prescribes the requirements;
examines proposals;
determines the winner.

Two-stage bidding is carried out as follows:

First, the customer sets out his wishes, but only in the most general terms.
As the projects are received, the conditions are adjusted and approved.
Then an auction is held.

That is, from the performers who proposed their projects at the first stage and passed it, the winner is selected at the second stage. Most often, such a tender is held in the area where there are specific, non-trivial goods. This could be, for example, a research area.

Rules for participation of companies in tenders

To begin with, each participant needs to understand a number of important points regarding the conduct of the tender:
To take part means to undertake to comply with all the rules and conditions of the tender.
By submitting an application, the applicant automatically agrees with the requirements put forward by the customer. Submission of an application for participation indicates that the participant has the ability to fulfill this order if he wins the tender.

When compiling his proposal, the potential executor of the order is responsible for the correctness of its execution. You need to know that errors of any nature contained in the documents are considered grounds for rejecting the application.

Therefore, it is necessary to thoroughly study the conditions of the tender, impartially analyze your capabilities and correctly form an application.

So, preparation for participation consists of the following points:

Selection of a tender suitable for the company's activities.
Studying the requirements and conditions.
Analysis of the financial and technical viability of the company in terms of its ability to fulfill obligations under the contract in case of victory.
Preparation of the necessary documents.
Filing an application.

And also you need to provide a deposit that guarantees the conscientiousness of the applicant. This is called bid security.

Documents are of the utmost importance. The list is compiled by the customer, but there is also a main package, including:

The application includes the terms of the deal. In it, the customer is offered a price, volumes, terms, etc. We must not forget about securing the application, if such an item is in the requirements. It confirms the supplier's intentions, and generally amounts to no more than 5% of the order amount. The deposit is confirmed by an order, which is included in the provided package of documents. The collateral is withheld in case of default by the winner and returned in other cases (at the end of the auction or before it began, if the bidder had time to withdraw the bid).

Since 5% is usually quite a large amount, when a company does not have such an amount of its own funds , it is possible to attract tender loans or a bank guarantee.

Participation in public procurement tenders

Public procurement is a way of placing orders for goods, works, services for municipal or state needs. The principles are the same as for other trades, with some exceptions. For example, state competitive purchases are regulated by Federal Law No. 44-FZ "On the contract system ..." of 04/05/2013 and No. 94-FZ "On placing orders ..." of 05/21/2005 (unlike commercial tenders, which are regulated by the customer).

If works or goods are needed for the defense industry or are related to ensuring the security of the country, then the tender is held in a closed form.

Open tenders for public procurement are available to all companies and enterprises. Any participant who offers the best conditions can win them. The main feature of public procurement is that they are made at the expense of the budget, so the auction is especially strictly controlled.

Conclusion

In conclusion, the following points can be noted:

Tenders are competitive (competitive) bidding, with the help of which the best offers for the supply of goods, performance of work or provision of services are selected.
Bidding is conducted as follows: the participant collects the necessary documents (the deadline for accepting applications is always determined), then a meeting of the tender commission is held, which makes a decision on the winner. After that, a contract is signed with him.

Tenders are classified:

by composition;
features of the conduct;
the number of stages;
the form in which they are carried out (competition, auction, etc.).

There are rules for the participation of companies in tenders, which every applicant must know without fail. Documents must be provided in accordance with the list compiled by the customer. But there is also a basic package that is mandatory for all tenders.

Public procurement is the same auction as any other. They just have some features and are regulated by federal laws.

A correct, responsible approach to registration of your participation, winning the tender and worthy fulfillment of the terms of the contract will provide the company with a good reputation, the opportunity to get a regular customer and, in general, become a leader in its field. In addition, even if the organization does not win the auction, participation will still serve as a good impetus for business development.

In contact with

A tender is a kind of competitive selection, which 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 it is not so easy to become a tender participant, especially for beginners. A tender can be paid, free, open and closed.

Participation in tenders: how to get started?

If we are talking about the tender department, then the difficulty lies primarily in choosing a project and a customer. First you need to consider the requirements for the order and learn as much as possible about the customer himself.

This is done through the study of specially created tender sites, Internet sites or paper materials, if they are provided by a potential customer.

In order for the workflow to be as efficient as possible, it is necessary to properly distribute responsibilities.

Usually the conditions are considered by one person who knows, ideally, the basics of jurisprudence. Knowledge of the legal framework will help determine the honesty of the customer and the fairness of his requirements.

When bidding, please adhere to the following guidelines:

It is better not to spread out, trying to study the entire list of tenders offered, but to visit sites that divide orders by areas and topics. So you will immediately know if the tender is suitable for the field of activity of your particular department.
Don't jump on the first order that comes along. 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 that the order can be accepted for execution.

Tender for beginners

Beginners often experience difficulties not only when looking for an order, but also directly 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 in debt.

Definition of a public procurement participant

The third article of the law on the contract system regulates the selection and implementation of the supply of goods and services for the needs of the state.

Members

State authorities (executive), which are engaged in the regulation of procurement.
Other executive authorities, including local ones, which have the right to exercise control over procurement.
Rosatom is a nuclear power 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 natural person (even I.P.).

The state customer is one of the authorities or a state institution that has the right to act on behalf of the Russian Federation (Article 5 of the third law on the contract system).

Tender Search

The search for a tender is a stage that a 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 sites 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.

It is not easy to find a good tender, it is even more difficult to participate in it, so the search stage can be considered one of the most important on the way to achieving the goal.

Experienced searchers spend less time searching and selecting, but it will be difficult for a beginner. I have to review 10-15 sites per day.

Obtaining an electronic signature

An electronic signature is something that neither the customer nor the contractor can do without. It is a certain amount of information with an electronic signature attached to it.

How to get a signature can be found in the Law "On Electronic Signature" dated 04/06/11. The law provides for the development and expansion of the e-business infrastructure. There are currently 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 applicable law.

To obtain it, you need a passport and a certificate from the Pension Fund. Theoretically, the service is free, but the user will still have to pay a small fee for electronic media.

In order to issue a service, you need to contact the service center and provide a list of papers.

Preparation of documents:

Passport.
Evidence from PF.
E-mail address.

The absence of at least one paper is the reason for refusal to obtain a signature.

Accreditation on the electronic platform

An 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, access to which is obtained after passing accreditation. Accreditation allows you to participate in auctions and tenders at various sites.

It is noteworthy that each service involves the passage of accreditation, regardless of whether it was passed on other sites or not.

Mandatory conditions

Providing reliable information.
Order fulfillment guarantee.
Availability of regulatory documents confirming the status of an individual or legal entity.
Making an insurance premium .
Non-disclosure of information about the order and the customer.

Choosing how to define a vendor

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 that the customer puts forward before becoming a bidder. 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 completed participant form is rarely subject to correction, which can completely cross out participation in the desired project.

Federal Law No. 44 regulates the requirements for product characteristics specified in the questionnaire. Everything should be written clearly, without omissions and exaggerations, and most importantly, objectively. The customer can use the trademark if:

There is no alternative way to ensure an impeccable description of the subject matter of the procurement;
There is a need to use goods that are 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 requirements of the customer. These papers must contain both minimum and maximum indicators of permissible error.

The following items cannot be specified in the requirements for the procurement documentation:

The manufacturer of a particular product.
Personal preferences for the participant in the procurement process.
Guarantee of the availability and serviceability of the equipment that creates or transports the goods.

2 mistakes NOT to 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 on your account, which serves as collateral. In case of winning the competition and refusal to participate, the deposit is not refundable.

There are a few more conditions without which it is impossible to fight for victory:

After depositing the amount from 0.5 to 5% of the declared contract amount to the electronic account.
An alternative to depositing money is to use borrowed money. The 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 take part in several tenders at once.
Fill out the questionnaire, entering all the necessary information about the services provided by the participant.

Thanks to Law No. 44, since March 31, 2014, a register of guarantees of banking services has been functioning in Russia. It is made by all credit organizations that are engaged in issuing guarantees of bank payments and financial support for government payments.

All conditions for registration of the register can be found in the Bank of Russia, it is also published on the website of the Ministry of Finance of the Russian Federation. Violators of the registry conditions are blacklisted for a period of two years.

Conclusion of the contract and its provision

After winning the competition and paying the insurance premium, the performer can begin to perform his duties. In the event that 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 payment is 30% or more greater than the maximum value of the contract, the insurance is equal to the advance payment.

If the customer has reduced the payment by more than 20% after the final selection of the contractor, the platform administration applies the measures described in Article 37 of Law No. 44.

requests for price quotations can be held instead of bidding where the annual amount of purchases does not exceed 10% of the total income of the customer.

Watch the detailed bidding webinar

Tender classification

There are three main types of tenders that can be found on all thematic sites.

Open

The open type of the tender is freely available, that is, everyone (individuals and
legal entities) can participate. The advantage of the customer in this type of competition is that he has a wide choice of performers and can find a profitable option. Most often, such tenders are placed in the form of an advertisement 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 than open tenders.

Purchasing from a single source is often beneficial to 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 offers without specifying a price, and at the second stage, he specifies 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.

Site and theme selection

Both customers and contractors choose sites by trial and error. There are sites on which both public and private orders of various topics are posted. In order to choose the appropriate option, just enter the keywords in the field specially provided for this.

The term itself does not fully reflect the essence of domestic business practice. Firstly, it never appears in the documents regulating relations between the parties, and secondly, the procedure for conducting is sometimes somewhat similar to.

To begin with, it is necessary to clarify that the concept of a tender is absent in the legislation, this process is called a competition, bidding, auction. But the main feature is the same for all these designations. On the basis of the conducted auctions (tenders), an agreement is concluded between the seller and the buyer, but the first party here is the one who won in a kind of competition with other participants. In fact, here several sellers are fighting for one contract, the terms of which are formed by the buyer.

The practice of doing business between entities of various formats (public and private) is necessarily transferred to a competitive basis. The same principle is often used by commercial organizations that are looking for profitable offers from suppliers.

How does the tender work?

So, by and large, we do not have tenders. Everyone who practices this sales format participates in competitions, auctions, auctions ... But whatever you call it, there are a number of characteristic features that distinguish this version of business relations from others:

the buyer declares his conditions in a rigid form;
compete for a contract;
the whole process is carried out in accordance with a certain procedure.

An entrepreneur should deal with tenders, if only because they provide an opportunity to get new customers. And this may not only be of interest to those who focus on buyers financed from the budget. Many commercial organizations and companies find suppliers through tenders.

Why arrange tenders? Actually, the desire to take the maximum from the supplier on the part of the buyer and the regulation of the entire procedure are combined here. State structures arrange competitions and auctions because it is required by law. This format assumes that they will save budget money by finding the cheapest and most profitable supplier in this way. The same is true for commercial organizations.

And here it is worth understanding that the seller who wins the tender will not always be in an advantageous position. This is based on several points:

It is necessary to offer the lowest price among the participants, perhaps even unreasonably low.
The terms of the contract will have to be fulfilled even when it is economically unprofitable for the supplier or contractor. For example, in the event of an increase in the cost of materials, components, energy carriers, and the like, associated with inflationary processes or an increase in the exchange rate, the final product will have to be sold to the contract holder at the cost established by the tender. Sometimes even to their own detriment.
To win the tender, long-term preparation and the most strict observance of the established rules for paperwork are required. In addition, the very process of working on the sites where competitions are held has a number of nuances, and in order to fully comply with them, an entrepreneur needs to make certain expenses, for example, to purchase an electronic signature.

Tip : when starting to work with tenders, do not immediately try to go for large and long-term deals, this is a completely different level than an opportunity. Do not forget that the refusal of the contract or its non-fulfillment in full may entail unpleasant consequences in the form of compensation to the buyer, compensation for damage or lost profits, entering the supplier into the register of dishonest and the like.

Types of tenders and their classification

Once again, it is worth emphasizing that for domestic business, the term tender combines purchases organized according to a certain procedure on a competitive basis. That is, it is conditional. Other names are legally fixed.

Tenders have their own gradation adopted in domestic business:

Competitions differ in the composition of participants:
- municipal (state), where the customer is a budgetary organization, and budgetary funds will be used for procurement;
- commercial, where the acquisition is carried out at the expense of the company's own money or attracted by it.

There are types of tenders according to the form of procurement:
- The competition is held in the case of complex and expensive contracts, for example, in science-intensive projects, construction, IT, defense sectors. It can have several stages, open and closed format, and also be non-competitive.
- Request for quotation or competition of price lists. A feature of this technique can be called a small purchase amount, as a rule, up to half a million rubles.
- Auction or electronic auction. The format is used by all market participants with the status of a municipal or state customer. All electronic auctions are held on special platforms selected by the government of the Russian Federation. Legislative support - Law 94-FZ.

Tip : an entrepreneur (potential supplier) must begin his participation in tenders with a careful and detailed study of this particular Law - 94-FZ. Also, do not forget about Law 223-FZ, which regulates the procurement of individual legal entities . The documents themselves are quite difficult to understand, they will have to be studied and re-read ten times in order to fully understand the details. However, without this stage, it is not safe to start working as a seller on electronic platforms, there are risks not only to waste time, but also to bring trouble on yourself and your company.

It should also be noted that there are special situations in this area. There are many myths around this delivery format that there is a serious corruption component here. It is impossible to completely deny such a possibility, and it is pointless. Often tenders really become a tool for contractual transactions. Rather, their purpose is to exclude elements of corruption from practice, but it is present, and it is impossible not to recognize it.

"Symptoms" of negotiated tenders - how to distinguish such proposals?

budgetary organizations act as the customer . All their activities have been transferred to the rails of procurement, squeezed into the strict framework of the procedure. Any of the bidders can win the contract, who correctly completes the application and documents, as well as offers the lowest price.

But what about other components? For example, the ability and ability of the supplier to respond to urgent wishes of the buyer in terms of timing, flexibility, and some other nuances of deliveries? Very often, a buyer who has already worked with a certain supplier wants the contract to go to him. After all, it has already been tested by time, it is fully suitable in all respects ... And in a situation with a tender, this is absolutely not necessary. You may have to conclude an agreement with some unknown (for the customer) organization, which is still a dark horse, and working with it will not always be comfortable. That is, winning a tender based on a price platform does not give a guarantee to the buyer of its performance in other parts. In addition, he does not have confidence that the supplier will be able to fully comply with the conditions preferred by the customer.

That is why in practice there are such contractual tenders, when the buyer, with all the truth and cunningly affixed commas, creates such formal conditions that purposefully make it difficult for other participants to obtain a contract that they did not receive approval in advance. And such an approach does not always indicate corruption, that is, roughly speaking, bribes, kickbacks, and the like. Although it is also not worth participating in such a tender, unless your company is the one that received the preliminary “go-ahead”.

So, how can you recognize a tender where the parties have already come to an agreement, and its very holding is a formality?

5 components of "contractual" tenders

It should be noted that this approach is almost uncharacteristic for commercial structures. The companies' own money is involved there, the control is much tighter, the goals are purely to find a profitable supplier, and the approach to the procedure is much more flexible. That is, the business does not have the "obligation" to hold tenders, expediency and efficiency work here. Although there are a number of cases when hired employees of commercial structures were very interested in gratitude from suppliers for "help" in concluding contracts, and, conversely, performers got into unpleasant situations with unscrupulous customers, having worked out part of the contract and did not receive payment for goods or services.

Tip : after receiving an invitation to tender from a commercial organization, carefully check the business reputation of the customer.

Public procurement is more susceptible to such disease as contractual tenders. Their signs:

fuzzy, unclearly spelled out, extremely confusing, contradictory in parts of the conditions of the terms of reference;
short, obviously unrealistic deadlines (every entrepreneur who knows his field can determine where the time frame is at the limit of possibilities, and where is beyond);
inflated contract value combined with strange detailing of requirements for the supplier;
the condition that the already completed part of the work be attached to the application;
the tender history of the customer consists of contracts with a very limited number of companies.

All of these are signs that the buyer is using a technique to scare away "left" suppliers. In some cases, the tender is held "for show", the contractor has been working on the project for a long time. To fight for such contracts is at a loss, an extra headache, time and money costs. No, of course, you can appeal the results of the tender by submitting an appropriate application to the Federal Antimonopoly Service. But it is worth doing this only if the company has already built up “muscle mass”, it has experience in this kind of auction, competent specialists in the state, able to prove your case.

Although you need to understand that the widespread opinion about the mass character of contractual tenders is a myth. The vast majority of applications from customers on electronic trading platforms do not have a corruption component, and participation in them is much less risky than investing in .

If you want to start making money on public procurement, then you will need to go through the preliminary stage of preparation for this. Moreover, it is quite complex and time-consuming.

How to work with tenders for dummies - step by step instructions

Once again, it must be stated that commercial structures act a little differently when choosing a supplier on a competitive basis than state ones. The former develop the procedure on their own, they are not limited by strict limits, they can involve those who are familiar to them or are of interest, or they can announce an open competition in the media or on specialized Internet sites.

State or municipal organizations operate within the framework of a legally prescribed procedure. Therefore, in order to become a bidder, an entrepreneur must:

study Law 94-FZ, namely the procedure for selecting a supplier prescribed in it, which sets out the rules for a tenderer;
select an ETP from five selected by the Russian government (for electronic public procurement auctions);
obtain a digital signature (the certification center issuing the digital signature must be one of those accredited at the selected site);
install the necessary software;
pass accreditation at the ETP to participate in the tender;
take part in electronic auctions;
sign a contract when winning.

Actually, the algorithm itself is not so complicated, if this is not the first time. There are several nuances that you need to pay attention to:

Unfortunately, universal digital signatures have not yet been invented. Therefore, it will not be possible to use the tax certificate issued for participation in the tender, you will have to get another one.
When choosing a platform for electronic auctions, you need to pay attention to its specialization and working conditions.
Each of the 5 selected sites has detailed instructions and user manuals. They are written in detail, even too much. Do not neglect their careful study before starting work on any of the ETP.
The key to successful work can be such a banal thing as paperwork. A good source of information and obtaining the necessary skills can be the competitive documentation of competing organizations.
As a rule, in all electronic auctions there is a principle of ensuring intentions, that is, a cash deposit. It is calculated as a small percentage of the transaction amount, but nevertheless, like participation in the tender costs money. Although this is a refundable amount, however, with large contracts, the supplier company may not have enough own money, and it may not be advisable to “freeze” working capital. Therefore, it is worth either taking care of having a reserve, or a bank guarantee that can be used for these purposes.

How to participate in construction tenders?

The algorithm for passing the preparatory stage has already been described above. There are practically no differences for the construction industry. There are only a number of nuances that a novice firm needs to take into account in tenders:

The mere participation in tenders, even without winnings, will help the company to declare itself, they can pay attention to it, this will increase its status.
When preparing an application, special attention should be paid not only to the essence of the offer (bidder's proposal), but also to its justification, which is contained in the information about the company. This may be a description of special equipment, technologies used, a presentation of similar objects put into operation, reviews of successful customers, and the like.
As a rule, construction tenders are held in two stages. The first is the announcement of the beginning of the competition and information about the proposed project, the second is the analysis of submitted applications and the selection of the winner. With a closed bidding format, you can become a participant only by invitation from the customer. It is worth considering that the sent entrance ticket does not always mean that the company is a welcome guest. If the deadlines for filing an application and preparing documentation are very tight, then this should definitely lead to the idea that everything has already been agreed with another contractor, who they want to see as the second party to sign the contract. Your participation is necessary for formal compliance with the procedure.
Today, this format is becoming more widespread in the construction of small and small facilities, private housing. That is, almost the entire construction industry . A number of experts believe that this will improve the quality of work in general and take the entire industry to a new level. In fact, competitions or auctions are the future.

In contact with

If you have read my previous “Is it worth bidding?” and still decided that you need it, then today I will talk about how to participate in tenders for a beginner . Under the tender, we mean an electronic public procurement auction under 44-FZ or 223-FZ.

In order to participate in an auction from scratch , you will need to complete a few steps.

Step 1. Finding a suitable tender in the EIS

You need to start by finding a suitable auction in which you could take part. Otherwise, it may happen that you take all the subsequent steps, but then it turns out that your goods / services are not in demand for public procurement, or it turns out that you cannot compete on price.

Therefore, first we go to the Unified Information System in the field of public procurement (UIS). Here you can find information about all state tenders. Type in the search for your product / service and see if there is anything on your topic.

For example, I supply toys to preschools, so I search for "toys":

Commission work (this is when applications are no longer accepted),
The purchase is completed (when the contract is executed).

If you work for the whole of Russia, then remove the filter by region too.

As we can see, there are 68 auctions for toys that you can now apply for:

Now our task is to find a suitable auction. Let's go to the third, for example:

We carefully study all the information: on which trading platform the auction will be held (in this case, on roseltorg.ru), what are the requirements for participants, the deadlines for submitting applications, etc.

draft contract;
all technical tasks, specifications;
drawings, projects, estimates;
calculation of the highest maximum price and other "specifics" for the purchase.

We download a package of documents and see if we can fulfill the contract with such conditions. For example, for our toy auction, the terms of reference look like this:

It includes 155 items. The price justification looks like this:

We will need to give a price that is no higher than the average price in the market, which is the sum of the declared final amount of the auction.

This stage is the most time-consuming, because. requires careful assessments, study of voluminous documentation and, therefore, a large investment of time. But the amounts of orders are appropriate, as you understand ... However, at first our task is only to ask the price. We will study the documents more carefully when we apply for the auction.

In principle, for this routine work, you can hire a remote employee. There is an exchange for this. This is a service for the remote provision of services in the field of public procurement, bringing together specialists across the country. The mechanism of work is simple: you post a task (it's free) and receive offers from specialists. Then you decide for yourself whether to work with one of them or not.

Let's say you realized that you can compete on price, and there is a chance of getting a government order . Great! Then we move on to the next step.

Step 2. Obtaining an EDS

The validity of any EDS is one year. it is about 7,000 rubles (with a license of the CryptoPro program). After the expiration date, it must be renewed. The signature itself is usually made in one day.

Note: for registration of an EDS, not only copies of constituent documents are required, but also a fresh extract from the EGRIP / EGRUL. It must be issued by the tax authorities no earlier than six months before the application for the production of a signature key is submitted. So you can order an extract right away if you don't have one. This will take about five more days. In order not to go far, I am attaching here a sample application for the provision of an extract for tax:

Step 3. Accreditation on the trading platform

Once you have received a digital signature, you can register on the trading platform where the auction will take place. For our example, this is roseltorg.ru (the procedure is similar on other sites). Click "Registration":

Select the "Procurement Participant" item and click "Next":

This is where we need our EDS. Click "Continue" and register. Here you will need to fill in all the registration fields, user data, and attach the necessary copies of constituent documents, including an extract. Then we send it all and wait. Typically, registration (accreditation) takes, on average, one to two days, after which you can proceed to submitting an application for an auction.

Step 4. Replenishment of the balance to secure the application

To apply for an auction, you must first replenish your personal account on the trading platform. When submitting an application, this amount (usually it is 1 - 5% of the auction amount) is blocked on your account until the end of the auction. Then it will be unlocked, and you will be able to withdraw it back to your organization's current account without interest.

The personal account is replenished with a regular payment order according to the details that will be sent to you upon registration on the site. The purpose of the payment will also be indicated there.

To find out the amount by which you need to replenish the balance to participate in a particular auction, find it in your account by the number of the purchase (see step 1):

You need to replenish your personal account with this amount. In our case, this is 12440.20 rubles. Funds are usually credited within one business day. After funds are credited, you can apply.

Step 5. Applying for an auction

Having studied the documentation for the auction and having decided to participate, click the link "Submit an application for participation":

After you have attached all the necessary documents and commercial offers with your price, click "Sign and submit an application":

Everyone, the application has been submitted, congratulations! Let's move on to the next step.

Step 6. Participation in the auction

On the appointed day and hour of the beginning of the auction (see notice), we go to the personal account of the site, and then to the auction itself, which will become available at that moment.

Intuitive auction interface will be clear to you. You will keep track of how many participants there are, who made what price offers, and what is the lowest price at the moment. In turn, you will be able to submit your price proposals, descending by the required step from the current one.

After each price offer, there is a new time countdown (as far as I remember, about 10 minutes). If no offers have been received during this period of time, then the company that made the best offer wins.

Let me tell you straight away: you won’t be able to “sit out” anyone. 🙂 Most likely, everyone will fight to the end, i.e. to its lowest price.

Recommendation . Before the auction, be sure to calculate the break-even point to which you can "sink" in the auction. More precisely, not break-even, but profitability, i.e. the threshold below which it makes no sense to work in view of the very low profit.

Step 7. Conclusion of the contract

After the end of the auction, a protocol is laid out within a few days, which reflects the best offers from each participant, and the winner is announced.

After that, the customer sends the draft contract to the winner for signing. If you win, you must sign the contract within 10 days. Otherwise, you will be considered to have evaded signing and will be included in the register of unscrupulous suppliers, which I already wrote about.

Conclusion

Now you know how to participate in tenders . As it turned out, technically the participation procedure itself is not so complicated. The most difficult thing is to find a suitable tender and prepare all the documentation for it with calculations. It takes time (if you do it yourself) or money (if your employee does it). Of course, these are risks, since there is no guarantee of winning. However, this can be treated as a marketing activity to search for orders. It also requires resources.

Participation in public procurement is a stable and reliable way of obtaining new contracts for companies and private entrepreneurs. Participation in public procurement is regulated by a number of legislative acts.

The key requirements for participants in the procedures are spelled out in laws No. 44-FZ and No. 223-FZ. Some features of the application of these laws are enshrined in additional legislative acts, such as Government Decrees No. 99, No. 1005 and others.

The legislation regulates the following points:

procedure for announcing tenders;
terms and procedure for filing applications for participation in the auction;
the amount of security for bids and contracts;
the procedure for changing / withdrawing applications for participation in tenders;
the procedure for providing clarifications on the tender documentation;
the procedure for choosing winners;
the procedure for appealing the results of public procurement;
the procedure for concluding contracts and much more.

Both private entrepreneurs and legal entities of all organizational and legal forms can participate in public procurement.

This function is not available only for those legal entities that are registered in offshore zones, the list of which is defined in Article 284 of the Tax Code of the Russian Federation.

Basic requirements for participants in public procurement

The requirements that apply to the participants in the procedures are divided into basic and additional.

The main requirements include:

the participant must not be declared bankrupt;
the activities of an individual entrepreneur or a legal entity must be active (not be suspended under the Code of Administrative Offenses of the Russian Federation);
the participant must not have debts on taxes and other obligatory payments for the past year (an exception may be a debt in an amount not exceeding 25% of the value of assets);
Individual entrepreneurs and heads of organizations should not have a criminal record for committed economic crimes (with the exception of a expunged or canceled conviction);
if the subject of the auction is the result of intellectual activity, the procurement participant must have an exclusive right to it;
the participant must not have family ties with the organizers of the auction, must not create other conflicts of interest;
the participant must have documents authorizing activities in the direction corresponding to the subject of public procurement.

In addition, customers may require that participants are not included in the lists of unscrupulous suppliers.

In addition to the basic requirements, the participant must:

have the equipment, material and financial resources that will be needed to fulfill the contract;
have experience in the field of interest to the organizer of the auction, and a good business reputation;
have the necessary number of specialists who can fulfill the terms of the contract.

All of the above requirements must be documented.

At its discretion, the customer may put forward other requirements for participants - this is not prohibited by law. The introduction of additional requirements may be associated with the need to verify the ability of participants to fulfill the conditions of public procurement.

The participant must offer products that meet the conditions of the purchase. Inconsistency of the proposal with the subject of public procurement leads to the rejection of the participant's application.

In order not to get into such a situation, it is necessary to carefully study the tender documentation. If the information contained in it is not enough for the participant, he can ask the customer for additional clarifications.

Documents for participation

In order for an organization or an individual entrepreneur to take part in public procurement, it is necessary to prepare a package of documents. For legal entities and individual entrepreneurs, it may differ slightly.

Documents required when applying for participation include:

directly the application signed by an authorized person;
an inventory of the documentation that is attached to the application;
information about the participant (name, certificate of registration, etc.);
extract from the Unified State Register of Legal Entities / EGRIP;
copies of constituent documents;
a document confirming the absence of tax arrears;
a document confirming the authority of the person who signed the documentation (appointment order, meeting protocol, etc.);
a copy of the order on the appointment of the chief accountant;
documents that confirm the compliance of the proposal of the participant with the conditions of public procurement;
documents that confirm the submission of the security of the application for participation (payment document, bank guarantee).

The contracting authority may require the submission of other documents, the specifics of which depend on the type of tender.

A complete list of documents to be submitted by the participant is posted in the conditions published by the customer.

Nuances of participation in public procurement

Today, a large number of tenders are held electronically. Public procurement in this form is carried out on special trading platforms, where participants must be accredited.

In addition, to participate in electronic trading, participants must have electronic digital signatures.

Electronic bidding involves the submission of participants:

information about the individual entrepreneur / organization (name, address, TIN);
documents that confirm the compliance of the offered products (goods, services) with the requirements of the customer;
documents that confirm the right to provide benefits (declaration of belonging to the NSR, etc.);
documents that confirm the participant's compliance with the prohibitions and restrictions established by the organizer of the auction.

Participation in public procurement, despite the apparent complexity, is an affordable procedure even for small organizations and individual entrepreneurs. Before taking part in tenders, it is advisable to familiarize yourself with the provisions of Federal Law No. 44 and with the unified information system (UIS), on which public procurement notices are posted by auction organizers.

Instruction for beginners

Private entrepreneurs and organizations participating in public procurement for the first time must follow the instructions given.

In particular:

get acquainted with the orders placed in the unified information system and the relevant areas of activity of the individual entrepreneur / legal entity;
get acquainted with the requirements placed under the orders of interest and decide on participation or non-participation in the procurement;
register on the electronic trading platform, receive an electronic digital signature;

submit application security (if necessary);
prepare documentation in accordance with the requirements of the auction organizer;
submit an application for participation in the tender;
track the results of the purchase, find out the name of the winner;
conclude an agreement (in case of winning the tender) and perform the necessary work.

Thus, almost any individual entrepreneur or any organization can take part in public procurement and offer their services to ensure the orders of state and municipal enterprises . When submitting applications, it is important to indicate the real prices, terms and volumes of work.