Which company can participate in tenders? What is needed for full participation in tenders: rules, conditions, documentation. You won the tender. What's next

Tenders in Lately have become widespread. This is because this makes it possible to get a good order and at the same time increase your reputation by showing everything that each bidder is capable of. Participation in tenders provides an opportunity for the winner to successfully continue his career. To become this winner, the first thing you need to do is decide to participate in tenders. There is no point in participating in competitions from time to time - either constantly, or never at all. Therefore, you should consider in detail what is needed for.

What is required to participate in tenders?

Experts advise practicing “on cats” - these are small trades, victory or defeat in which will help you gain experience and gain the necessary skills for larger orders.

In cases where tender proposals are accepted only in written form, you should be wary: perhaps the winner has already been determined. Try talking to one of the organizers of the competition, asking him all the questions that interest you. In general, a conversation with one of the organizers should do you good, especially if you can win over or interest this person, you will have a better chance of winning.

Terms of participation in the tender

To the question of what is needed to participate in tenders, the main answer is the conditions that customers usually set. In general, these conditions are specified by the customer, so it is difficult to predict them. But it is mandatory to have a competitive application.

The tender process can be divided into several stages.

  1. When the commission holds its first meeting, envelopes with documents are opened, they are checked and a conclusion is prepared.
  2. After this, the proposals specified in the applications are discussed.
  3. The winner is determined by voting.

Required Documentation

There is no specific established list of required documents, although there is a set of the most typical for many tenders. Additional documentation is difficult to predict, since it depends on the organizing company itself, on the type of tender and on its classification (medical, construction). It all depends on which documents, in the opinion of the organizers, are able to convey more about the qualifications of the applicant and his compliance with the competition conditions. The entire list of documents is listed in.

If a state tender is held, the documentation necessary for its conduct can be found in Federal law No. 44 “On placing orders”:

  1. List of documents attached to the application.
  2. Application certified by the head of the enterprise.
  3. Copies constituent documents charter of a legal entity.
  4. Copies of notarized TIN and state registration certificate.
  5. A copy of the order assigning duties to the chief accountant.
  6. Application accompanied by presentations of the firm's contracting experience.
  7. An extract from the ERGUL that is at least 15 days old.
  8. Certificate stating that there is no tax debt.
  9. Financial statements of the company for the three previous periods, which must be certified by the tax inspector.

Documents are very, very important. However, the winner is not chosen based on documents. If you pay too much attention to documents, you may not have time to prepare a proposal at the proper level; if you give up on the documents, you may not pass the preliminary selection. So it’s important to find a middle ground here.

If you are not a professional, making a mistake in documents is as easy as shelling pears. In this case, only tender support will help.

So, considering what is needed to participate in the auction, let’s summarize in the form of a step-by-step list:

  1. Selecting a tender suitable for the company.
  2. Familiarization with the conditions and rules of this tender.
  3. Collection of documentation.
  4. Providing and .

Additional points: securing the application

This is the most important point, because in its absence, applicants are rejected. The amount of this security is often 5% of the total contract amount, so it is difficult to calculate the exact amount, but most often it is a lot of money. In this case, you will need either a bank guarantee or a tender loan.

What is a tender loan? It allows you not to involve working capital and take part in several tenders simultaneously.

These two financial documents can be obtained from a bank or broker.

Psychological techniques

To participate in auctions you need to know several psychological techniques.

Communication with a client is one of the paths to success, because during communication you gain invaluable knowledge that you can use when creating your proposal.

  1. When talking with a customer, try to follow a formula that has already been tested by more experienced people - identify the client’s problem, look at it from different angles, find a solution in your proposal. This approach almost completely guarantees the company's success.
  2. Another key to success is research. Find out as much as you can about the organizing company (the Internet, personal communication with someone who has dealt with this company). You will soon be able to find what is important to the customer by including it in your proposal.
  3. Make a list of your most influential clients and present them to the tender committee - this will show that you can cope with any large-scale task.
  4. Provide the tender commission with a list of your achievements, show how good and qualified a specialist you are.
  5. Include guarantees. Since people can be very distrustful during the competition, show that you can not only promise to do everything at the highest level, but also provide guarantees.
  6. Pay attention to the benefits that the company will receive from your cooperation. Many people are not at all interested in how long you have been in business or how professional you are. They are primarily interested in the benefit you will bring to them and how you will do it.
  7. Believe in success, but never be upset if you fail, because the main thing is participation and gaining experience. However, it won’t hurt you to tune in to a positive wave, believing that everything will work out.

Dangerous myths

Let's look at the most common myths that will help you decide whether you need to take part in the tender, spending effort and money.

  • All tenders are made to order.

This is not true, because many win tenders without any prior contact with the customer. Although a certain percentage of dishonest activities still occur in Russia. Therefore, it is important to learn how to identify an unfair tender by certain signs that are easy for an attentive person to notice. To do this, study the customer’s requirements for the proposal, documentation, etc.

Yes, to participate in the tender you will have to spend a certain amount of money, but in any case this amount will not be so large that private entrepreneurs and small companies cannot afford to pay it. And in order not to spend really a lot of money to participate in bidding, you should carefully select the competitions in which you are going to participate - you must be 100% sure that fulfilling the terms of the contract will not fall on your shoulders with a heavy, impossible burden.

True, there are so-called free tenders that do not require payment. But this is, in fact, the most unreliable method. Often such competitions are organized by young managers who have just started work - they have no weight in the company, but hope to show their vigorous activity to their superiors. In general, you can participate, but only for fun.

Tender support

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

Tender support is especially important if you:

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

Did you know that 90% of tender participants are not allowed to bid due to deficiencies in documentation or incorrectly completed applications? Support of tenders by qualified lawyers will protect you from disastrous shortcomings that could negatively affect the results of the competition.

What types of tenders exist, what are their features, and how can beginners participate in them?

Many beginning businessmen have no idea how to participate in tenders. Due to the fact that a considerable part of goods and services in various sectors of the economy are sold through tenders, this issue is relevant and requires clarification. What do beginners need to know about participating in tenders, what kind of documentation will be needed in this case, what are the positive and negative aspects of such a procedure.

Types of tenders

The word “tender” translated into Russian means “offer”. However, before we begin listing existing species of these “proposals”, it is necessary to clarify some details. In the legislative framework of our country, the term “tender” is absent; instead, the terms “bidding”, “competition”, “auction” are used. Nevertheless, the word has taken root in business circles.

A tender is an event during which, on the basis of free competition, contractors are selected for the purpose of purchasing goods, services or works.

The peculiarity of all types of takinder selections is that such events contribute to the conclusion of a contract on conditions that are attractive to the customer and the contractor.

Table: legislative framework regulating the procedure for participation in public procurement tenders and electronic auctions

Name of the law or codeCharacteristic
Civil Code of the Russian FederationCivil Code of the Russian Federation in Art. 448 regulates the organization and procedure for conducting all types of tenders (except for those in which state and municipal authorities participate).
Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”This law regulates the organization and conduct of tenders in which the customer is state and municipal authorities.
Federal Law No. 223-FZ “On the procurement of goods, works, services by certain types legal entities» Regulates the tender procedure for state corporations and companies, entities natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic and subsidiaries, V authorized capital in which the share of participation of the Russian Federation or a constituent entity of the Russian Federation in total exceeds 50%.

The type of tender depends on the following factors:

  • on the purpose of holding (tenders for sales and tenders for purchase);
  • on the nature of the procedure being carried out (tender, two-stage tender, auction, request for proposals, request for quotations, competitive negotiations);
  • on the form of conduct (open and closed tenders);
  • by customer category (state and commercial tenders, purchases with certain legal entities);
  • on the type of documentation used (competitions are held on paper and in electronic form).

Table: specifics of conducting main types of tenders

Types of tendersFeatures of the procedure
For sale and purchaseThe type of competition depends on the goal of the organizer, i.e., whether he intends to purchase or sell something. Thus, the participants in such a procedure have opposite intentions (one party is the seller, the other is the buyer).
  • one-stage and two-stage competition,
  • auction,
  • request for proposals,
  • request for quotation,
  • competitive negotiations
The specifics of this classification are as follows:
  1. Contest. It is carried out when it involves carrying out work that is complex from a technical or organizational point of view. It is understood that performers with appropriate equipment and qualifications will take part in the competition. If the tender is conducted honestly, it is won by the organization (or individual entrepreneur) that expresses the desire to complete the project at a high technical level and at the most attractive price for the organizer.
  2. A two-stage competition is organized if the customer is not able to immediately determine some of the conditions of the project. First (at the selection stage), he selects the proposals that are most interesting to him, then (at the second stage) he determines whose conditions seem most suitable to him.
  3. An auction is organized if the money factor is in the foreground for the customer. Auction participants voice their conditions, and the one whose conditions or price are more acceptable to the organizer wins.
  4. When requesting quotations, the customer analyzes the first proposals received from tenderers. The victory is won by the side in whose favor he chooses.
  5. When requesting proposals, the customer analyzes the proposals received, assessing not only the financial component, but also the technical one.
  6. Competitive negotiations. All persons who meet the requirements have the right to begin negotiations. This type The tender is considered the most transparent. During the negotiations, all the nuances of the project are discussed, the capabilities of each performer are considered.
Open and closedThe open form gives everyone interested a chance to participate. If the tender is closed, then invitations are sent only to a certain number of participants.
Grounds for holding a closed tender:
  • the contract is related to commercial or state secrets;
  • the circle of participants is small in the area in which the tender is being held;
  • the costs of holding an open tender are not justified.

When choosing one of these forms of tender, the customer should not go against the law.

Government and commercial, procurement with certain legal entitiesThe features of this classification are as follows:
  1. State tenders. The organizer of such tenders is the authority state power or government agency. The law strictly regulates the procedure for holding a competition - from developing conditions for participation to selecting applicants for the role of performer. In addition, all actions of the organizer in this case are accountable: he cannot at will change established rules, expand the list of purchased material assets and services.
  2. Procurement with certain legal entities. These include state-owned companies, corporations, monopoly organizations, unitary enterprises federal and municipal level, autonomous institutions and some other legal entities. In this case, the customer can independently set the terms of the competition and determine the form of its conduct (the law provides for two options - an auction and a competition, but there is currently no ban on expanding the list).
  3. Commercial tenders. These are purchases that are carried out by commercial organizations according to their own rules that do not contradict the Civil Code of the Russian Federation and 135-FZ, and using own funds. The rules of the tender, the requirements for persons wishing to participate, the algorithm for determining the winner and other subtleties of the tender in this case are determined by the customer himself, without the participation of the state. In addition, the organizer of a commercial tender has the right not to place in a single information system announcement of preparations for the event.
Competitions in electronic form or on paperRegardless of the form in which the tender is held, the organizers introduce special methods for monitoring all incoming information (use of digital signature on an electronic platform, etc.). The conditions for participation in the tender, both in electronic form and in the personal presence of the participant at the event with a paper package of documents, are announced by the customer himself. It is worth keeping in mind that they are the same for each performer.

Each of the listed tenders is organized according to its own rules. The determining factor when choosing the method by which the contractor will be installed is the will of the customer.

The winners of the auctions are the companies offering the lowest cost of order execution.

Benefits from participating in tenders

The procedure for participating in tenders has its own characteristics, each type of such competition has its own advantages and disadvantages.

The benefits of participating in such events are as follows:

  • a fair fight between competitors is implied, since the selection of a performer on a competitive basis encourages this;
  • the likelihood of concluding a profitable contract;
  • the opportunity to make the organization’s name more recognizable on the market (it should be noted that if the organization participates in interesting tenders, then its contact information will remain with the customer);
  • expanding the sphere of influence and cooperation;
  • likelihood of receiving government orders in the future;
  • transparency of open tenders;
  • the opportunity to take part in the event through electronic platforms.

It is worth remembering that not only winning a tender is important for business development. Participation in the procedure itself can serve as an incentive for contestants to further development.

Disadvantages and pitfalls of the procedure

Any phenomenon and process has its drawbacks, this also applies to participation in tenders.

So among the disadvantages of tenders are the following:

  1. The complexity of the procedure (the more serious the request, the less chance of winning). Unfortunately, there are examples of documentation being compiled for the favored organizer.
  2. Sometimes participants have to significantly reduce the cost of their services (for example, when requesting prices). Victory in the tender goes to the one who agrees to make significant concessions on price, i.e., is forced to give up the net profit from the tender.
  3. There are risks of order non-fulfillment.
  4. Conspiracy of potential suppliers for the purpose of dumping, i.e., maximum reduction of the contract price.

Common myths about tenders

Due to the fact that holding tenders (and participation in such events) is becoming an increasingly popular procedure for economic entities, the amount of information about this procedure is also growing. Participants in this procedure, consciously or not, give rise to various kinds of myths about tender selection, some of which have become widespread.

The most common myths about tenders:

  1. In Russia, “everything is for sale,” which means fraud is possible when organizing tenders. Of course, this myth did not appear out of nowhere. However, recently the antimonopoly service has been functioning more actively in this direction, and therefore it has become more difficult to carry out illegal actions.
  2. There is no one to seek protection from if illegal actions did take place. In fact, the FAS may revise the results of the tender if there is evidence of the customer’s dishonesty.
  3. Newcomers' proposals will not be considered or accepted. If a novice contractor can offer conditions that are “appetizing” for the customer and all the documentation is in order, then he will be able to compete with well-known companies.
  4. The customer often delays payment of the contract. If this really happened, the contractor has the right to contact the FAS to resolve the controversial situation.

Conditions and rules of participation in the tender selection

Not only government customers and commercial organizations, but also owners of property rights can hold tenders. Both legal and legal entities have the right to take part in such events. individuals having the ability to fulfill their obligations. But as life shows, large companies become participants in tender selections on the part of performers.

Can an individual take part?

As noted above, an individual has the right to participate in a tender that interests him. The legislation does not prohibit this, presenting uniform rules for all performers.

In addition, the legislation of the Russian Federation insists on respecting the rights of participants of any status when summing up the results of tenders.

However, the reality is that individuals rarely prevail in such proceedings. In addition, the organizer has the right to limit the number of applicants for participation in the tender. The only exception may be low-budget purchases that are not of interest to large companies.

According to the law, only those tenders that relate to:

  • to the development, content of websites and other projects on the network;
  • to tutoring and other educational services;
  • for the production of handmade souvenirs and jewelry;
  • at the service of notaries, translators, photographers;
  • for repairs (from equipment to premises);
  • to supply products of our own production.

In this regard, individuals face risks of participating in tenders, among which the following can be identified:

  • impossibility of posting security under the contract;
  • rejection of an application due to the need to license certain types of activities, which is not available to an ordinary citizen;
  • prohibition from participation in procurement related to hazardous work.

Can an individual entrepreneur take part?

The supply of goods is considered by law as entrepreneurial activity, therefore, a person with individual entrepreneur status can participate in tenders.

It is worth mentioning two main conditions for the participation of individual entrepreneurs in tenders:

This is a unique list

  • the requested documentation must comply with the requirements in this case;
  • The individual entrepreneur must confirm his financial solvency.

The entrepreneur (like other participants in the procedure) should prepare for the event in advance. It is not enough to simply announce your intention to participate in the tender, since in this case it is unlikely to receive a positive response from the customer.

Documents for participation

To participate in the tender, a number of documents must be prepared. However, those organizations or individual entrepreneurs that are planning their participation in such an event for the first time do not always have an idea of ​​what type of paperwork needs to be collected. However, there is nothing to worry about, since all requirements for the submitted documents are indicated in the tender (competition) documentation.

Tender documentation is developed by the organizer or tender committee. Its content is influenced by the nature of the event.

Ways to notify about an event:

  • if the tender is open to everyone who wants to take part in it, all documents from the customer (along with the notice) are placed in the Unified Information System (UIS).
  • in the event that a closed form of the event is organized, the competition documentation is sent by the customer directly to potential participants.

The tender documentation contains the following information:

  • requirements for the procurement object;
  • requirements for competitors;
  • requirements for applications and their support;
  • application evaluation criteria;
  • terms and procedure for the tender;
  • draft contract.

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

What is needed to participate in tenders

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

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

  • knowledge of procurement legislation and processes;
  • compliance with applicant requirements;
  • compliance of the auction product with the requirements of the auction organizer;
  • availability of all necessary documentation, designed according to in the prescribed form;
  • financial support of the application.

Knowledge of legislation and processes in the field of public procurement. Today, government tenders are regulated by Federal laws:

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

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

The legislation regulates all stages of the tender:

  • announcement of tenders;
  • application deadlines and process;
  • the amount of security for applications and contracts;
  • conditions for changing or withdrawing an application for participation;
  • conditions for the customer to provide explanations on the tender documentation;
  • conditions for opening envelopes (in case of competitions);
  • general principles for determining the winner;
  • procedure for appealing the customer's actions;
  • procedure for concluding contracts.

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

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

Basically the requirements are general character, for example, the absence of tax arrears. Additional requirements include certain work experience, etc. In general, the conditions depend on the type of tender. For example, any legal entity that meets the requirements can take part in an open tender or auction. general requirements to the participants and will provide required package documents. In closed tenders the range of suppliers is limited: as a rule, contractors are invited directly by the customer, since such purchases are often associated with state secrets.

It is worth noting that customers of commercial tenders are not required to strictly comply with the conditions of legislation in the field of public procurement. They have the right to set their own requirements for participants.

Compliance of the bidding product with the requirements of the bidding organizer. The state customer establishes the qualitative and quantitative characteristics of the purchased goods or services, including the country of origin, in accordance with the law. Typically, product requirements are specified in the competition documentation. If the information is insufficient, then the customer can be asked for clarification, which he is obliged to provide.

The contractor must carefully study the documentation and the conditions specified in it, in accordance with the requirements, make his offer to execute the contract. Failure of the product to meet the conditions will result in the application being rejected.

Availability of all necessary documentation drawn up in the prescribed form. The standard package of documents required to participate in any government tender is prescribed by law. However, the customer may request additional documents without violating the provisions of the law. The standard package, as a rule, includes an application drawn up according to a sample provided by the customer, a proposal for the execution of the contract and documents about the participating company. It is important to complete and submit all documentation correctly. The customer may not pay attention to minor defects, but more serious errors will lead to rejection of the application.

Please note that organizers of commercial tenders may request documents at their discretion.

Financial support for the application or execution of the contract. The law establishes that application security can reach up to 5% of the contract value, and the amount of contract performance security can reach up to 30%. Run it required condition possible by paying a deposit or providing a bank guarantee. Which option is most acceptable can only be decided by the participant himself.

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

What are the requirements for tender participants?

As noted earlier, the basic requirements for tender participants are established by law. These include:

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

The following conditions must be met:

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

The listed requirements are quite feasible, they can be confirmed by relevant documents. For example, providing a copy of the profit and loss statements will show that the company is running a successful business.

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

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

As mentioned earlier, clients of commercial tenders can set their own requirements. These include, for example, obtaining accreditation from the company organizing the auction.

What documents are needed to participate in tenders?

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

  • application for participation certified by the director;
  • a list of documents attached to the application;
  • documents about the company (name, address, TIN, certificate of state registration);
  • extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs (or their notarized copies);
  • copies of constituent documents;
  • certificate of absence of tax debt;
  • a document confirming the authority of the person acting on behalf of the competition participant (a copy of the decision on appointment to the position of manager or a power of attorney);
  • a copy of the order on the appointment of the chief accountant;
  • documents confirming the right to priority (for example, a declaration of belonging to a small business entity);
  • documents confirming the competitor’s compliance with the requirements for tender participants;
  • documents confirming the submission of security for the application for participation (payment order or bank guarantee);
  • if necessary: ​​documents confirming the participant’s compliance with the prohibitions and restrictions established by the customer.

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

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

Securing the application

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

The legislation provides for two ways to secure an application: a pledge and a bank guarantee. Placing a deposit removes a significant amount from the company’s circulation for a long time, since such security is returned to the participating company only after summing up the results of the competition, and if it wins, after signing a contract with it.

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

Documents for participation in the electronic auction

Today, more and more tenders are being held in in electronic format. Government procurement in this form takes place on special trading platforms, where the supplier must obtain accreditation. An electronic digital signature is also required. To participate in electronic auctions The standard list of documents looks like this:

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

It is worth noting that according to Law No. 223-FZ, the list of documents is identical.

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

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

First, you need to clarify that the law does not contain the concept of tender; this process is called a competition, bidding, or auction. But main feature is the same for all these designations. Based on the 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 essence, here several sellers are fighting for one contract, the terms of which are determined by the buyer.

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

How does the tender work?

So, by and large, we don’t have tenders. Everyone who practices this sales format participates in competitions, auctions, trades... But no matter what they call it, there are a number of characteristic features that distinguish this version of business relations from others:

  • the buyer states his conditions in strict form;
  • they compete for the contract;
  • the whole process takes place in accordance with a certain procedure.

An entrepreneur should understand tenders, if only because they provide an opportunity to get new clients. And this may not only be of interest to those who are targeting buyers financed from budget funds. Many commercial organizations and companies find suppliers through tenders.

Why are tenders held? Actually, this combines the desire to get the most from the supplier on the buyer’s side and the regulation of the entire procedure. Government agencies organize competitions and auctions because this 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 thing drives 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 not economically profitable for the supplier or contractor. For example, in the event of an increase in the cost of materials, components, energy resources, etc., associated with inflationary processes or an increase in exchange rates, the final product will have to be sold to the contract holder at the price established by the tender. Sometimes even at a loss.
  • Winning a tender requires lengthy preparation and the strictest possible adherence to established rules for the preparation of documents. In addition, the process of working on sites where competitions are held has a number of nuances, and in order to fully comply with them, an entrepreneur needs to spend certain expenses, for example, purchase electronic signature.

Advice: when starting to work with tenders, do not try to immediately go for large and long-term transactions, this is a completely different level than opportunity. Do not forget that refusal of a contract or its failure to perform in full may lead to unpleasant consequences in the form of compensation to the buyer, compensation for damage or lost profits, inclusion of the supplier in the register of unscrupulous ones, and the like.

Types of tenders and their classification

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

Tenders have their own gradation, accepted in domestic business:

  1. Competitions vary in composition of participants:
    • municipal (state), where the customer is a budget organization, and budget 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.
  1. There are types of tenders based on the form of procurement:
    • The competition is held in the case of complex and expensive contracts, for example, in high-tech projects, construction, IT, and defense sectors. It may have several stages, open and closed format, and also be non-competitive.
    • Request for quotes or price list competition. A special feature of this technique is the small purchase amount, usually up to half a million rubles.
    • Auction or electronic trading. The format is used by all market participants who have the status of a municipal or state customer. All electronic auctions are held on special platforms selected by the Russian government. Legislative support – Law 94-FZ.

Advice: 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 procurement of individual legal entities. The documents themselves are quite difficult to understand; you will have to study and re-read them ten times to fully understand the details. However, without this stage, it is unsafe to start operating as a seller on electronic platforms; there are risks not only of wasting time, but also of bringing trouble to yourself and your company.

It should also be noted that special situations occur in this area. There are many myths surrounding this delivery format that there is a serious corruption component. It is impossible to completely deny this possibility, and it is pointless. Often, tenders actually become a tool for negotiated transactions. Or rather, their purpose is to exclude elements of corruption from practice, but it is present, and it is impossible not to admit it.

“Symptoms” of contractual tenders - how to distinguish such proposals?

Here you need to take into account one feature of that part of the domestic business where the customer is budgetary organizations. All their activities have been transferred to the procurement rails, squeezed into the strict framework of the procedure. Any of the applicants who correctly fill out the application and documents and also offer the lowest price can win the contract.

But what about the other components? For example, the ability and ability of the supplier to respond to the buyer’s urgent wishes in terms of timing, flexibility, and some other nuances of making 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 time-tested and fully suits all parameters... But in a situation with a tender, this is absolutely not necessary. The contract may have to be concluded with some unknown (for the customer) organization, which is also a dark horse, and working with it will not always be comfortable. That is, winning a tender based on the pricing platform does not guarantee the buyer its performance in other parts. In addition, he has no 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, by all means and cleverly placed commas, creates such formal conditions that purposefully make it difficult for other participants to obtain a contract that have not received approval in advance. And this approach does not always indicate a corruption background, that is, roughly speaking, bribes, kickbacks and the like. Although you shouldn’t participate in such a tender either, unless your company is the one that received the preliminary go-ahead.

So, how can you recognize a tender where the parties have already obviously reached an agreement, and its conduct itself is a formality?

5 components of “negotiated” tenders

It is worth noting that this approach is almost uncharacteristic of commercial structures. The companies' own money is involved, the control is much stricter, the goals are purely to find a profitable supplier, and the approach to the procedure is much more flexible. That is, businesses do not have an “obligation” to hold tenders; expediency and efficiency come into play here. Although there are a number of cases where hired employees of commercial structures were very interested in gratitude from suppliers for “help” in concluding contracts, and, conversely, performers found themselves in unpleasant situations with unscrupulous customers, having worked out part of the contract and not receiving payment for the product or service.

Advice: having received an invitation to tender from commercial organization check carefully business reputation customer.

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

  • fuzzy, unclearly stated, extremely confusing, contradictory in parts terms of the technical specifications;
  • short, clearly unrealistic deadlines (every entrepreneur who knows his field can determine where the time frame is at the limit of possibilities and where it is beyond);
  • inflated contract costs combined with strangely detailed requirements for the supplier;
  • the condition that the application must be accompanied by an already completed part of the work;
  • The customer's tender history consists of contracts with a very limited number of companies.

All these are signs that the buyer is using a technique to scare off “left” suppliers. In some cases, the tender is held “for show”; the contractor has been working on the project for a long time. Fighting for such contracts is at a loss, unnecessary headache, time and money costs. No, of course, you can appeal the results of the tender by submitting a corresponding application to the FAS. But this should only be done if the company has already built up “muscle mass” and has experience in this kind bidding, competent specialists on staff who can prove you are right.

Although you need to understand that the widespread opinion about the mass nature 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 government procurement, then you will need to go through a preliminary stage of preparation for this. Moreover, it is quite complex and labor-intensive.

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

Once again it must be stated that commercial structures When choosing a supplier on a competitive basis, they act a little differently than government ones. The first ones develop the procedure independently, they are not limited by rigid boundaries, they can involve in the participation of those who are familiar to them or are of interest, or they can announce open competition in the media or on specialized Internet platforms.

State or municipal organizations act within the framework of a legally prescribed procedure. Therefore, to become a tender participant, an entrepreneur must:

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

Actually, the algorithm itself is not that 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, the tax certificate issued to you cannot be used to participate 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 site out of the 5 selected has detailed instructions and user guides. They are written in detail, even too much. Do not neglect to study them carefully before starting work on any of the ETPs.
  • Collateral successful work something as trivial as paperwork may become. A good source of information and obtaining the necessary skills can be the competition documentation of competing organizations.
  • As a rule, in all electronic auctions there is a principle of securing 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 repayable amount, for large contracts the supplier company may not have enough of its own money, and it may not be advisable to “freeze” working capital. Therefore, it is worth either taking care of the availability of 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 new company needs to take into account in tenders:

  • Just participating in tenders, even without winnings, will help the company make itself known, they may pay attention to it, and this will improve its status.
  • When preparing an application Special attention attention should be paid not only to the essence of the offer (the 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 established customers, and the like.
  • Usually, construction tenders are carried out in two stages. The first is the announcement of the start of the competition and information about the proposed project, the second is the analysis of submitted applications and the selection of the winner. In a closed bidding format, you can become a participant only by invitation from the customer. It is worth considering that the sent admission ticket does not always mean that the company is a welcome guest. If the deadlines for submitting an application and preparing documentation are very tight, then this should certainly lead to the idea that everything has already been agreed upon with another contractor, whom 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 increasingly widespread in the construction of small and small projects and private housing. That is, almost the entire construction industry is put on a tender basis. A number of experts believe that this will improve the quality of work in general and translate into new level the entire sphere. In fact, competitions or auctions are the future.
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    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 public procurement market, consider the tender itself - how to participate in it, and also highlight the most promising industries, in which the government buys a lot and often from small businesses.

    What is a tender?

    Yes, we all understand that “tender” is a synonym for the term “government procurement,” 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 about tenders from the state is contained on the website Unified system (https://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 they have the required quality) can participate in public procurement both contractually and under agreements.

    In practice, however, it is easier for small and medium-sized businesses to work with 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 exclusively 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 home page Unified system;
    • special section for SMP ( https://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 the general menu of the 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. These are practical steps that 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 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 adapted for tenders, but also determining when greatest demand for your products.

    By individual goods and we will not look at the services, since there are too many of them, but we must study the general indicators even before participating in tenders. The same website of the Unified System will help us in assessing data on government tenders ( https://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 funds for winter clothing 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 according to 223-FZ the most major transactions, selling them according to a 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 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 grammatical error in tenders and you will never find the desired advertisement.

    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 electronic trading has already been introduced - 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 dealt with 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” of officials, you can move on to the next step – the preparatory one.

    Step 2. How to properly prepare to participate in Russian tenders?

    All government tenders in Russia are conducted electronically, but document flow 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 gives legal status to all electronic copies of your documents, but most importantly, it 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 - https://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.

    On different sites The accreditation system is different, 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.

    1. You will receive a notification that you are accredited and a “ Personal Area».
    2. 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, you need to deposit into your account on this electronic platform an amount equivalent to 2% of the order from the selected advertisement. 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 completed electronically and is a standard application. The nuance is that in order to participate in tenders, when submitting an application, you are “removed” and assigned a 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 difference between an auction and tender procurement(reduction) only in that the winner is the one who sets the price less, not more.

    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 real work for the implementation of this tender.

    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:

    1. 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.
    2. Then, when the winner is determined, the customer of the tender opens the public part. There he studies certificates, licenses, logistics and other expenses.
    3. 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 individual organizations– the state is obliged to pay off 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 integrity 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 Unified Information System itself in the appropriate section (you can also easily find it in the site menu on the left) before participating in the auction.

    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 social responsibility You shouldn’t forget either, 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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