Tender regulations. Rules for holding a tender in Ukraine. How to quickly master them? Types and differences of tenders

In times of crisis, company managers face the question of not only retaining existing customer bases, but also attracting new ones. The best way is to participate in tenders and various electronic auctions and trades. Step-by-step detailed instructions will help a beginner understand this issue. The article will also provide answers to such frequently asked questions as what an electronic signature is, how government procurement is carried out, as well as what documents need to be collected in order to participate in ongoing competitions and tenders.

What you need to know about tenders

The fundamentals of legal regulation of tenders are enshrined in civil legislation, as well as Federal Law No. 44 of 04/05/2013 in cases where state and municipal bodies act as the customer.

Despite the fact that the term tender is not directly enshrined in legislation, it is successfully used in business circles. Tenders are understood as all possible types of tenders held for the purpose of purchasing various goods, providing certain types of services and work. The purchasing organization acts as the customer. Tender participants include legal entities of any organizational form, as well as individuals and individual entrepreneurs duly registered to participate in tenders.

For auctions conducted by government agencies, all requirements for participants are formulated in the law. If the customer is a commercial organization, then all requirements are formulated in the order itself.

All actions related to holding a tender and subsequently fulfilling the terms of the contract are united under a single term - procurement. Regardless of the objects, which may be goods, work (for example, road repairs) or services (for example, holding children's matinees), it begins from the moment of conclusion and ends only with the fulfillment of all obligations under the contract.

Types of tenders and their differences

Depending on the category of the customer, all tenders held in Russia can be divided into 2 main types:

  • government – ​​the purchase of goods and services is carried out to meet government needs (the customer is government agencies), and its implementation is based solely on Federal Law 44;
  • commercial - the main customer is organizations that purchase for their own needs. Such tenders are conducted according to rules developed by the customer independently. At the same time, as practice shows, for the most part they are also carried out based on the principles and rules formulated in Federal Law 44 (although it is not mandatory for them).

Depending on the method of determining suppliers (performers), the legislator distinguishes:

  1. The only performer, as a rule, with an existing monopoly (for example, transportation by rail).
  2. Competitive – based on choosing a supplier among 2 or more. This method includes:
  • competitions - the winner is selected among performers based on the best offers and conditions;
  • auction – the winner is selected based on the lower price offered for the contract;
  • request for proposals;
  • request for quotations.

Competitions can be closed or open, with limited participation, or necessarily consist of 2 stages, and auctions can be conducted either electronically (online) or in a closed manner.

Each of the considered types of tenders has its own goals and rules. The choice of method for determining the contractor depends on the will of the customer; the object and purchase amount are also taken into account.

Advice. It is best to start participating in tenders with quotes, since the supplier is determined based on the offered price. This method involves a minimum of costs and is quite easy to learn for beginners.

Instructions for participating in tenders for beginners

Any company that constantly participates in various tenders or trades, as a rule, has on its staff a separate employee specializing in this area. This is due to the fact that collecting a complete package of documents, preparing a quote and directly searching for a suitable tender takes a significant part of the time. In addition, there are organizations whose activities are related only to the preparation of tender documentation for their clients.

The analysis of legislation made it possible to determine the procedure and principles of participation in tenders and auctions both in cases with a government customer and with a customer represented by a commercial organization. It will be more convenient for a beginner in this direction to use the following step-by-step instructions:

Participation in tenders implies not only knowledge of tender legislation, but also the ability to protect one’s interests. Since the customer’s decision in favor of a certain supplier is not final and can be appealed to the FAS. If the complaint is upheld, the supplier who won as a result of the auction may be found to have violated antimonopoly laws and, as a result, the participant who took second place will be recognized as the winner.

Documents for participation in tenders and requirements for them

Collection and proper execution of documents not only allows the customer to study the proposal of a potential counterparty and information about it, but also increases the supplier’s chances of concluding the desired contract. The selection of a supplier is carried out precisely on the basis of the documents provided, so their correct completion is the key to a positive decision based on the results of the tender.

For each method of identifying suppliers, the legislator provides for the submission of a certain package of documents. Participation in an open competition is possible if suppliers provide the following documents:

  • containing information about the contractor - this is a complete package of constituent documents, an extract from the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs, respectively, received no later than 1 month and documents confirming the right of a specific employee to submit them;
  • commercial proposal containing information about the object of purchase and the conditions offered by the potential supplier;
  • confirmation of the quality of the goods supplied, as well as the services and work provided, confirmed by relevant certificates and other documents (provided at the customer’s request);
  • interim measures, which can be expressed in the transfer of a certain amount to the customer’s account or the provision of a bank guarantee.

Attention! When submitting an application, all documents must be numbered and bound; they must be certified by the signature and seal of an authorized person.

Participation in electronic auctions requires a slightly different procedure for submitting information and is determined by the general rules for conducting online auctions. All documents are prepared electronically, and contracts must be concluded on specialized online platforms. The application itself consists of 2 parts (Article 66 of the Federal Law):

  • contains the contractor’s consent to supply a specific product, provide a certain type of service and may contain a drawing or drawing;
  • contains information about the contractor, the goods supplied or services provided.

How to take part in the tender: video

A frequently arising issue among suppliers working under 44-FZ is disputes about the timing of government procurement. Procurement participants are confused about which days should be taken into account, working days or calendar days, when taking into account the deadlines for submitting documentation and the time of the tender itself. What to do if there is a difference in the deadlines specified in the tender documentation and on the electronic trading platform. What should I do if the last day of signing the contract falls on a weekend or holiday? Let's figure it out together in order.

Deadlines that can be encountered when participating in government procurement

There aren't many options. There are three of them:

    Fixed calendar date.

    Period of time. It could be an hour or a day, it could be a month or a year.

    Events with a high percentage of probability, for example, the beginning of frost, heating season, grape harvest (in the agricultural sector), etc.

Important! If in the tender documentation the customer does not emphasize which days he means when specifying dates, then by default these days are considered to be calendar days.

For example, the tender protocol was published on Friday, July 28, 2017. The first day of reference is usually considered to be the day following the date of publication. According to 44-FZ, Article 70, clause 2, five days are allotted for the customer to publish a draft contract with the price determined as a result of the bidding and the details of the winner. Therefore, the last day for publication of the draft agreement in the EIS will be Wednesday, August 2, 2017. (5 calendar days, but only 3 working days). If there was a clarification in the law (working days), then only working days would be taken into account, and the last day of publication would be Friday, August 4, 2017.

Calculation of time interval

Each stage of public procurement has its own initial and final period. Date of publication of the lot, date of the auction, date of publication in the Unified Information System of the protocol of the past auction. Each stage goes inextricably one after another, and how not to get confused, which day is considered the first for counting time, and which is the last, sometimes it is not obvious. The countdown begins on the next day following the date of publication. Moreoverwhen calculating the time interval between successive stages of the tender, the last day for filing applications and the date of opening of envelopes cannot be included.

Let's go through the steps using examples:

    The date the customer publishes a notice of the upcoming procurement in the Unified Information System, after which applications from procurement participants can be accepted. The deadline for accepting applications for participation in the tender depends on the NMCC(up to 3 million rubles - 7 days, over 3 - 15 days). In this situation we are talking about calendar days. So, if the tender monitoring program found a new tender with a publication date of 08/01/2017 and the NMCC indicated 2.4 million rubles, therefore, the last day for submitting applications will be 08/07/2017.

    Date of publication of the tender protocol. The next calendar day is the beginning of the customer studying the second part of the applications and publishing the draft contract according to the results of the bidding in the Unified Information System (see example above).

    Date of publication of the draft contract by the customer. For example, a draft contract with data about the winner of the tender in the Unified Information System was published by the customer on Tuesday, August 15, 2017; the winner has 5 calendar days to study and sign the project (Article 70, paragraph 3 of Federal Law 44-FZ). The last day for the contract to be signed by the winning supplier is Sunday 08/20/2017.

Important! If the last day for signing a draft contract falls on a Saturday or Sunday, then the time for signing the document is not shifted to Monday. The enhanced digital signature must be submitted on a day off, otherwise it will be considered a violation. The customer may decide to recognize you as a person who has evaded obligations, and as a result, you will be included in the RNP (in the register of unscrupulous suppliers).

An example of calculating the time period for submitting tender documentation after identifying the winner

The auction took place on July 20, 2017 (Thursday), leaders among suppliers were identified, one of whom offered the minimum price for the lot. On Monday, July 24, 2017, the name of the winner of the tender was announced in the Unified Information System. By law, the customer has 5 days (calendar!) to publish the draft contract, starting from July 25 (Tuesday) to July 29 (Saturday) inclusive. He waited until the last minute and posted the information in the EIS on the fifth day, 7/29 on Saturday. The countdown for the winner of the tender begins on Sunday the 30th. He has 5 calendar days, but 4 working days. The last day for signing the contract is Thursday, August 03, 2017.

What to do if the dates differ between those stated in the customer’s documentation and the data from the UIS? We recommend focusing on the minimum period, as well as contacting the customer and asking for clarification.

FAS practice shows that the customer can make a mistake and incorrectly calculate the deadline for submitting applications. Instead of 7 days for contracts up to three million, 15 days (for contracts over three million), put 6 and 14 days, respectively. For example, a customer places a notice of a future auction in the Unified Information System (amount less than 3,000,000 rubles) on Wednesday 08/02/2017 at 8:30 and indicates the closing date for accepting applications - 08/09/2017 at 9:00. In fact, 6 calendar days are indicated, not 7. This is a violation. In this situation, applications must be accepted until 24:00 - 08/09/2017 (Federal Law No. 107 “On the Calculation of Time”, paragraphs 3 and 7 of Article 2).

What about working and non-working days?

If the last day of publication falls on a weekend:

Document

Transfer to the next working day

Placing an application for participation in the tender

Yes

Request for clarification

Yes

Protocol of disagreements

Yes

Signing of the draft contract

No

Contract payment deadline

according to the terms of the contract and the Civil Code of the Russian Federation

The customer can place a notice for a tender on any day without looking at

a working day or a weekend is the last day for submitting applications for participation. The responsibilities of ETP operators include monitoring such cases and extending the deadline for the next working day. If your application was not accepted on Monday, because... The last day for filing fell on Sunday, you can safely file a complaint with the FAS, because This is a violation of the Civil Code of the Russian Federation.

Recommendation .Since it is in your interests to have time to submit documents for participation, you need to track the emergence of new tenders in a timely manner, do not wait until the last day for submitting tender documentation and do this in the last 2 working days. The advantage is that during these two days the customer does not have the right to make any changes or cancel the purchase.

Despite the fact that the term “tender” (from the English tender – “offer”) is widely used in Russian business, there is no such definition in legislation. According to the definition from economists, a tender refers to competitive bidding of an open or closed type, as well as a competitive form of placing an order. A similar definition in Russian legislation is used for bidding. Bidding in the Civil Code can be understood as competitions and auctions. But tenders also include other methods of selecting a supplier for concluding a contract.

State and municipal, as well as commercial organizations have the right to act as organizers of tenders. Tender procurement is aimed at signing a contract with the contractor on the most optimal terms for the customer, in particular, at a favorable cost. For procurement participants, tenders provide the opportunity to participate in tenders on the principles of free competition.

Classification and types of tenders

Tenders can be classified according to various criteria. Depending on the purpose of their implementation, they can be distinguished:

  1. Tenders for sale.
  2. Tenders for purchase.

From a procedural point of view, the following types of tenders are distinguished::

  1. Competitions.
  2. Auctions.
  3. Two-stage competitions.
  4. Request for proposals.
  5. Competitive negotiations.
  6. Request price quotes.
  7. Other procedures.

According to the form distinguish between open and closed tenders. In an open form of procurement, anyone can take part in it. A closed form assumes that the customer sends invitations to a limited number of people. Closed tenders are held when the procurement is highly specialized or if there are signs of state secrets in the subject of the procurement.

44-FZ establishes prohibitions on the purchase of goods of a certain brand, contains anti-dumping measures, introduces measures to ensure participation and ensure the implementation of the contract. The legislation provides for a minimum share of contracts that are signed with representatives at the end of the year.

Tenders, which are regulated by the provisions of 223-FZ, are held by the following categories of customers:

  • state corporations;
  • subjects of natural monopolies;
  • state and municipal enterprises;
  • autonomous institutions;
  • business and subsidiaries, the share of participation of the Russian Federation in which is over 50%.

A feature of tenders under 223-FZ is that the customer independently develops and approves the procurement regulations, which prescribes the general requirements for their conduct and the mechanism.

That is, 223-FZ regulates the procurement procedure more loyally, and participants have the right to determine many aspects of the tender themselves. But once approved, customers must strictly adhere to it.

Creation of a contract service

Before starting work, the customer should form a contract service or appoint a contract manager. The choice of form of organization of the purchasing department depends on the total volume of orders. Procurement specialists must have the necessary competence in this industry and undergo regular retraining.

Procurement planning

The customer must plan his purchases for the year, taking into account existing needs and funding limits. Based on the formed plan and schedule, tenders are subsequently held throughout the year.

When planning, the customer needs to decide on the form of procurement.

The choice of tender form depends on the subject of procurement. Competitions are held by customers if the subject of the contract is technically complex, and special requirements are imposed on the qualifications of the procurement participant and its financial stability (for example, if the customer needs to build or design a building). During the competition, the contractor is determined on the basis of a set of criteria for evaluation: these are various qualification, quality and price parameters, each of which is assigned its own specific weight.

If the customer cannot formulate clear requirements at the planning stage, then he has the right to initiate a two-stage competition. At the first stage, he will have to select a technical task from the supplier, and at the second, a participant who can fulfill it on the best terms.

An auction is held if the only criterion for selecting a winner is price. It differs from a competition in that during the tender the participant can change his proposal taking into account proposals from competitors. A similar form of procurement is a request for quotations (sometimes called a request for prices).

This type of purchasing method request for proposals, not regulated by the Civil Code. As part of the request for proposals, customers evaluate participants' applications not only by price, but also by additional qualification parameters.

Formation and placement of procurement documentation

At this stage, the customer needs to prepare procurement documentation. It includes:

  • notice of purchase;
  • technical task; draft agreement;
  • application forms for participation and etc.

The documentation must be published within a certain time frame in the Unified Information System, and from this moment the deadlines for sending applications for participation in procurement by suppliers begin to count.

Tender arranging

The stages of the tender depend on the chosen form of procurement. In general, this stage involves the receipt of applications for participation in the tender from suppliers and their processing by the procurement commission.

Applications are accepted within the time frame established in the procurement documentation, after which the commission begins to evaluate them. Applications submitted after the deadline will be rejected.

Determination of the winner

At the stage of determining the winner, the procurement commission creates and makes publicly available the final one, indicating the participant who made the best offer. Information about this is posted in the public domain.

Signing a government contract with the winner

At the last stage, a government contract is signed with the winner of the tender. By default, this procedure consists of several steps:

  • formation of a draft contract by the customer taking into account procurement documentation and the winner's proposals and sending it to the supplier;
  • signing a contract by the supplier, and then - by the state customer.

The main stages of organizing tenders from the supplier’s position

Legal entities, individual entrepreneurs and individuals can act as executors and suppliers of tenders. Offshore companies, as well as those included in the register of unscrupulous suppliers for evasion of signing a contract or its dishonest execution, cannot be allowed to purchase.

The customer can refuse to participate in procurement for companies from the register of unscrupulous suppliers at his own discretion, but almost all customers enjoy the right to exclude unscrupulous customers from procurement.

The law also provides for other requirements for procurement participants:

  • they should not be subject to bankruptcy proceedings during bankruptcy;
  • the procedure should not be carried out against them;
  • the activities of the organization cannot be suspended by the court;
  • persons on the supplier's side should not have a conflict of interest with the customer;
  • officials should not have a criminal record for.

Preparation of documents

To participate in the tender, the participant will need a certain set of documents, without which his application may be rejected. Their list varies depending on the type of purchase. The standard package of documents includes:

  1. Constituent documentation(copy of the charter, tax registration certificate).
  2. Extract from the register of legal entities or entrepreneurs with a limitation period of 30 days.
  3. Declaration of participant’s membership in the SMP and SONO.
  4. Declaration of compliance of the participant with legal requirements.
  5. Documents on additional customer requirements(for example, SRO approval, copy of ST-1 certificate).

Receiving an electronic signature

Obtaining a qualified electronic signature by a participant to participate in tenders is a mandatory step, since tenders today are held in electronic format. An electronic signature is analogous to a handwritten signature. It is created using a cryptographic encryption system. The data of such a signature is stored on a special key, which has the form of a flash drive. Documents signed using an electronic signature have equal legal force as documents signed with a regular handwritten signature. But with the help of an electronic signature, you can sign a document online without first printing it and immediately send it by email.

To obtain an electronic signature, the participant should contact exclusively accredited certification centers. Encryption here is carried out under the control of law enforcement agencies and the Ministry of Communications. You must submit an application along with a set of documents to the certification center. The set of transferred documents includes a scanned copy of the passport of the person who will be authorized to sign documents during the tender, INN and SNILS.

Since July 2018, to participate in procurement in the field of government procurement, it is allowed to use only enhanced qualified digital signature.

Accreditation

Purchases are carried out on specially selected electronic trading platforms. Previously, participants had to register at each site separately in order to take part in the procurement. According to the new rules, a participant only needs to register in the Unified Information System, and accreditation on electronic platforms will be provided to him automatically. It is recommended to undergo accreditation in advance, as there is limited time available for submitting applications for participation in tenders.

To register in the Unified Information System and accreditation on electronic trading platforms, you must fill out an application form in the unified information system and attach the necessary documents. The registration form requires you to provide the following information:

  1. Name of company.
  2. TIN.
  3. OGRN.
  4. checkpoint.
  5. Full name of the official.
  6. Login and password.
  7. E-mail address.
  8. Phone number.

When registration in the Unified Information System is successfully completed, the applicant will be accredited for 8 government-approved ETPs automatically during the working day.

Participant accreditation is issued for a period of 3 years from the date the operator sends a notification to the participant about his successful registration. When the accreditation period comes to an end, the participant will also have to go through the Unified Information System for its renewal.

Preparing computer software

To participate in tenders, you need to correctly configure your workplace where you are supposed to use an electronic signature. To configure you need:

  1. Install the driver for the token key carrier, on which a certificate was recorded with information about the organization and the person with the right to sign.
  2. Install the certificate in the store and the root certificates of the certification authority.
  3. Install specialized software: CryptoPRO software, CAPICOM component.

The addresses of the electronic platforms on which the participant plans to work must be added to his trusted addresses.

Study of procurement documentation

Direct participation in the auction includes several stages. At the first stage, the customer needs to prepare documentation and publish it in the Unified Information System within the prescribed time frame, and the supplier needs to familiarize himself with it.

According to the norms of 44-FZ and 223-FZ, all information about auctions is publicly available. Information about all events that are currently being held, have been held previously, or are planned to be held is posted in the public domain.

The supplier should carefully study the requirements of the procurement documentation and conclude whether he has enough resources to fulfill all the terms of the contract on time (violation of the contract deadlines threatens to be included in the register of unscrupulous suppliers), pay in the required amount, and whether he meets the procurement requirements . In particular, does he need certificates and licenses, certificates, permits, etc.

Also the participant needs to analyze the documentation regarding the benefits that the procurement provides: this may be in terms of the participants belonging to small businesses, for institutions for the disabled or the penal system, etc.

Of course, we should not forget about the financial side of the contract. The participant needs to evaluate all indicators of profit from the execution of the contract, taking into account expected costs and expenses, as well as tax costs.

Depositing collateral

Also, the participant should not forget about the need to provide security for participation in the procurement. The amount of security is determined by the customer on the basis of the NMCC contract.

The participant must deposit the security amount into a special account, which is opened in one of the banks authorized by the Government. The security amount will be automatically blocked after submitting an application for participation. The blocking will last until the signing of a contract with the winner or the formation of a final protocol or a protocol for considering applications. Such security is a guarantee for the customer that the winner of the purchase will not evade signing the contract. If this does happen, the security will not be returned to the evading participant.

Based on Government Decree No. 439 of 2018, the customer establishes security for the application if the NMCC is over 1 million rubles. Based on Part 16 of Art. 44 44-FZ, the amount of security is established as:

  1. 0.5-1% of NMCC with a contract price of 5-20 million rubles.
  2. 0.5-5% of NMCC with a contract price of over 20 million rubles.

Participation in auctions

Participants are given a certain time period to prepare and submit applications. The stage of preparing an application for participation in a procurement is the most lengthy and complex. The application is drawn up taking into account the requirements for it according to the procurement documentation.

The application form for participation in the procurement can be arbitrary, but usually the customer attaches the recommended form. When filling out the application, you must use generally accepted designations and names, avoid ambiguous wording and take care to attach all the necessary documents.

In the application, the participant agrees to supply goods, perform work or provide a service under the conditions specified in the terms of reference, and provides their specific parameters: name of the product and its trademark, quantity, etc.

The composition of the application depends on the type of procurement procedure. In a request for quotation, the application has one part. In an auction, an application consists of two parts, and the customer makes a decision on the admission or exclusion of a participant from the auction based on the results of consideration of the first part of the application.

If we consider the procedure for participating in a tender using the example of an electronic auction, it will be as follows. Initially, it is necessary to determine the minimum price for which the participant is willing to supply the goods. Next, the auction takes place in real time: within 10 minutes after it starts, the participant makes his price offer. It assumes an “auction step” of 0.5-5% of the NMCC. Based on the results of the auction, a protocol of its conduct is generated and forwarded to the customer.

Winner selection

After receiving applications, the procurement commission reviews them and determines the winner according to pre-approved criteria. The participant who offers the best terms for the execution of the contract wins the competition, and the offer with the lowest cost wins the auction.

Based on the results of the auction, the customer is obliged to create a final protocol and place it in the public domain.

Signing the contract

If the participant is recognized as the winner, then he is obliged to sign a contract with the customer within the established time frame. The customer sends the winner a draft contract, which the participant must carefully check for errors and inconsistencies. If there are no shortcomings, the winner of the tender signs a contract for his part and sends it to the customer. Along with it, he can attach the necessary documentation.

In connection with the previous article about tenders, you might think that everything is so sad and there are no real orders. But this is not at all true, real tenders are still held, and the main thing here is to distinguish between those companies that are really looking for a contractor and all sorts of scammers.

So, how can you determine that a tender application is real and you can safely take part in it?

1. Real terms of the tender.

The first thing you should pay attention to is the timing of the tender. They must be clearly limited in time and at the same time real. Those. This is not a request that comes in on Friday night and ends on Monday afternoon.
The actual time it takes to prepare a draft commercial proposal greatly depends on the work itself. But on average it ranges from a week to a month. Therefore, if a request arrives from today to tomorrow, you should not sit frantically all night - most likely the contractor for such a tender has already been determined, you will just waste your time.
The exception is the second and third round of selection, when the customer can deliberately determine the speed of response to his request. But I think you can figure it out for yourself.

2. Time frame for completing the work.

A tender is usually held for the performance of certain works or the purchase of goods. At the same time, there are always clear deadlines. Pay attention to this. For example, a tender for servicing a company for the current year. Or, for the duration of the promotion. Or something else. But the main thing here is that the deadline is always known and agreed upon in advance. If some vague phrases are given, like, well, we’ll see, or the customer himself does not know the deadlines, there is a high probability that everything is decided by a big boss who is far from the tender itself and, in general, from this activity.

3. Responsible for the tender

When holding a tender, there must be a person in charge - a person who sends out requests, receives applications, processes them, and sends clarifying questions. In general, he is aware of everything. Several times I encountered the problem that in the company from which the request came, no one really knew anything about the upcoming work. They said that you probably need Marina... And which Marina, from which department and in general... In general, pay attention to this. How serious are the intentions? Personally, after receiving a request, I call the company back, communicate with the person in charge, clarify some details, and at the same time determine how serious it is. Because it is often clear from the conversation that the campaign is not at all interested in these works.

4. Clear goals for the required work.

In fact, this should be the very first point you pay attention to. Any work must have clearly defined, specific, measurable goals! If the tender is held just like that, for example, just advertising, then the attitude towards you will be very ambiguous. If the customer knows exactly what is needed (purchase of 20 tons of raw materials, creation of a website, holding an event for the May holidays) - there is already something to operate with. In addition, if you know your goals, you can deviate slightly from the given parameters, offering new, interesting options, which will clearly set you apart from your competitors. If there is no clear goal, I would not advise you to contact such a request.

5. Limitations of the tender budget.

In a tender, the budget is not always limited. It happens that it is quite the opposite - the will of choice is given, and the company that offers the lowest price wins the tender. But, if we are talking about services, then there is still a certain budget that the customer company allocates for this work. The budget must be clear, realistic (not too small, otherwise there is no point in contacting you, but not too big either - large compensation will obviously be required, or, most likely, there is already a contractor, and 80% of this money will be stolen). One more point - somehow in the terms of the tender the amount was indicated from 25 to 50 thousand. You understand that the spread by 2 times means that the company does not fully know what it needs, how much it is ready to spend and what it wants to receive (in this case In this case, the tender was aimed at identifying a contractor to conduct an advertising campaign for the action. As a result, the action took place without any advertising at all).
If the price is not specified at all, then there will probably be some other limiting parameter: strict deadlines, volume, other restrictions. If complete freedom is given, questions may arise - why does the customer need this? Is he aware of all this? How interested is he in the success of the project?

Here are some simple tips that, I am sure, will help you determine which tender is worth taking part in, and which one to immediately refuse - by writing a kind letter (for example, we cannot prepare a high-quality proposal in a given short period of time, or for a given budget, Unfortunately, we cannot provide you with a full range of services that meet your goals).
I hope this will significantly save your time and nerves.