Government procurement “from scratch”: step-by-step instructions for a beginner. Participation in tenders: step-by-step instructions, necessary documents, conditions Searching and working with tenders - basics

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 the 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.

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

How does the tender work?

So, by and large, we 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, purchasing an 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 budget organizations act as customers. 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 still 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 a tender from a commercial organization, carefully check the business reputation of the 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”, has experience in this kind of bidding, and has 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 act a little differently than government ones when choosing a supplier on a competitive basis. The former develop the procedure on their own; they are not limited by rigid boundaries; they can involve those they know or are interested in participating, or they can announce an open competition in the media or on specialized Internet platforms.

State or municipal organizations operate 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);
• obtain an electronic 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.
• The key to successful work can be such a banal thing as paperwork. A good source of information and obtaining the necessary skills can be the 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 should be paid not only to the essence of the offer (the applicant’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.
• As a rule, 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 entrance ticket sent 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 take the entire field to a new level. In fact, competitions or auctions are the future.

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Participation in tenders can bring good income. However, most companies do not dare to take such a step because they do not know how to carry out this procedure correctly. This article was written specifically to highlight all the important points related to the tender market. By reading this article to the end, you will be able to significantly increase your knowledge in the field of tenders.

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Participation of companies implies compliance with certain rules that will be regulated by the terms of the tender. Failure to comply with these rules will result in immediate refusal to cooperate. Despite all the difficulties associated with tenders, they should not be ignored. By concluding a lucrative contract, you can make good money.

It should be noted that the scope of tenders is quite wide. They can be used both in the industrial automotive industry and in ordinary small businesses that provide services or goods.

In order to participate in the tender, it is not enough to have a proposal from the customer. You need to clearly understand how to participate in tenders in order to prove yourself from the best side.

Tender classification

• open;
• closed;
• two-stage;

Each of the above types has its own characteristics and regulations. Let's explain each in detail.

Open



An open tender is a procedure by which the customer invites everyone to take part in the tender. Potential participants can learn about the tender from advertising campaigns and special websites.

Most often, tender documentation is sent out free of charge or the cost is set to cover all the costs that arose during its creation. Such documentation usually includes the presence of conditions and rules that must be followed throughout the tender.

In most cases, this type of tender is used to carry out public procurement orders. The same cannot be said about ordinary companies. The direction does not provide for this type of training.

An open tender makes it possible to receive an order on very favorable terms. However, an unlimited number of participants can register, which in turn increases the workload on the service staff.

You can order services for holding a tender from specialized companies or conduct it yourself.

Closed



A closed tender is held among a limited number of participants who have received an invitation to participate.

The organizing company recruits participants according to the following criteria:

• good reputation;
• high rating;
• image;

To increase the attractiveness of your company, you need to have good self-promotion. This is what large companies do. More and more often we notice them on TV screens or other media.

Participants in such a tender will never know about each other before the official start of the tender. This condition makes it possible to exclude collusion between companies. To conduct such a tender you do not need to spend a lot of time and effort. And the list of participants, in most cases, does not exceed 5 companies.

Two-stage




Most often, a two-stage tender is called a specialized tender with a limited number of participants. A two-stage tender differs from a closed tender in that it has an unlimited number of participants. In order to participate in such a tender, you must comply with certain rules that govern the rules for conducting this tender.

The two-stage tender is carried out in several stages. However, it should be noted that in this case, more time will be spent on conducting such a tender.

The procedure is as follows:

1. The organizing company prepares a test task, with the help of which it determines the strength of the company. Based on the solution to this task, the participating company prepares a proposal.
2. At the final stage, a decision is agreed upon.

However, conducting such a tender is divided into several components:

• “prices” tender, in which participants communicate prices, terms, quality, etc.
• an “open brief” tender, in which the customer indicates an approximate vision of the project, and the participants offer a creative solution;

Who can take part?

The basic conditions for participation in tenders are quite simple. Both companies and individual entrepreneurs can participate in tenders. Domestic and foreign companies can participate in the auction. It should be noted that in order to participate in the tender, you must have a pre-specified list of documents.

How to participate (step-by-step instructions)?

To take part in a tender you need to know what is needed for this.

We offer step-by-step instructions, following which will help you take part in the tender:

1. At the first stage, you need to collect the necessary list of documents that submit an application for participation in the tender.
2. After the application is submitted, you confirm your participation, agree to the terms and conditions and undertake to comply with them until the end of the competition.
3. If something doesn't suit you, then you can withdraw your application or make changes, but only strictly after the deadline set by the organizer.
4. At this stage, the special tender commission has the right to extend the deadline for accepting applications. If the conditions of the event change, participants will receive written notification.
5. If the list is full or the application deadline has expired, then the official consideration of applications begins, which requires in-depth study.

Sample application

We point out that the application consists of two parts. The first part describes the agreement on the conditions by which the procedure for conducting the tender is regulated, as well as the provision of the necessary information about the product.

The second part provides information about the participant, which includes the presence of:

• details;
• certificates;
• permits;
• licenses;

It should be noted that the application can be submitted either electronically or in writing. If the documentation is completed correctly, it will be accepted from you.

Rules


The conduct of a tender is regulated by a strict sequence of necessary actions that must be followed to conduct any such event.

The rules include 7 stages, with the help of which the procedure for conducting a tender is normalized:

1. Formation of a list of necessary requirements that tender participants must comply with. As well as making a decision on holding a tender.
2. Invitation to participate.
3. Selection of participants. Depending on the type of tender, the selection of participants will be made before a strictly established deadline.
4. Clarification of the parties' positions.
5. Collection and presentation of ready-made proposals.
6. Final selection of the best offers.
7. Announcement of the winners.

If you are going to take part in tenders, then you need to know the following list of important points that relate to tenders:

1. Knowledge of Federal Law No. 94 will help determine the terms and conditions that the customer should have taken into account when drawing up the tender regulations.
2. Choose one. The Russian government has established five existing trading platforms.
3. Get a unique digital signature. Such a signature allows the document to acquire legal significance.
4. Pass the necessary accreditation on the selected trading platform.
5. Conducting auctions. Typically, one procedure should not exceed two days.
6. If you win the tender, then you need to sign a contract.

Preparation of documents

The preparation of documents must be carried out in accordance with the established list of required papers for participation in the tender, which were determined by the customer.

To take part in the tender, you need to prepare the following list of certified copies of the following documents:

1. Registration certificate.
2. A document that confirms that you are a taxpayer.
3. A certificate from the bank indicating your financial stability.
4. A certificate from the tax office confirming the absence of debt to the state.
5. Balance sheet for the previous year.
6. Certificates that confirm the standard quality of the product.

The development of the tender system has been observed in Russia since the end of the last century. The concept of tender is equivalent to the concept of competition. Its meaning is to find a contractor for government orders on a competitive basis. The entire regulations of this system are spelled out in the winner and a contract is concluded for any work, services or supply of goods. Today we will talk about what is needed to participate in tenders.

What are tenders?

Such competitions can be open or closed, held in one or two stages. In addition, there are varieties of specialized closed tenders, single tenders and requests for quotations.

What does participation in competitions give? The winner is given the opportunity to receive a profitable large order, and if it is a start-up company, to make a name for itself in the market. Many people are put off by the rather complicated participation procedure, but anyone can figure it out. Of course, beginners often need help, practical guidance explaining what needs to be done and in what order. Have you decided to take part in tenders? The step-by-step instructions will come in handy.

Why is it beneficial?

Information about where and what tenders are planned to be held is constantly available on specialized websites and in the media. When the competition is announced, the tender commission begins to consider applications from applicants.

It is not typical for small and medium-sized businesses to be active in bidding for government orders - there are many apparent difficulties. It does not take into account that the lion's share of municipal budgets these days is distributed, as a rule, through tenders.

Government orders support business no less effectively than benefits and subsidies. In addition, the law obliges customers of the municipal and public sector to transfer at least 10% of the volume of work and deliveries of goods per year to entrepreneurs.



Electronic auctions

Unfortunately, only large companies are seriously involved in tracking promising tenders, and all because of the need to maintain a special service for this.

Government orders are placed in different ways - in the form of a request for quotation, procurement from a single supplier (performer) or through bidding. The last method is the most common.

Nowadays, the majority of orders from the state are placed at electronic auctions; their share is over half of all auctions conducted. Such events are recognized as an effective means of combating corruption due to the anonymity of those involved, great competition and the availability (as they say, transparency) of all information.

Participation in tenders: step-by-step instructions for beginning businessmen

Let's look at what participation in an electronic auction is.

First of all, a suitable auction must be “calculated”. To do this, you need to carefully read all notices about such events, regularly visiting the official website, which has nationwide status and publishes announcements about future auctions 7-20 days before a certain date, which serves as the last day for submitting applications. You must indicate your desire to take part in the selected tender during this period - later your application will no longer be accepted for consideration.

Officially, there are five federal platforms for electronic trading, on any of which you will find a search form for auctions of interest and a register of all tenders. It is also easy to obtain summary information on the official website of the Russian Federation, which is dedicated to placing orders.



What is needed to participate in tenders

Next, you should obtain an electronic digital signature (abbreviated as EDS). It is purchased from one of the special certification centers accredited on the electronic platform you have chosen. The process of receiving it will take several business days (2 or 3). The signature gives legal status to the electronic document and records the financial responsibility of the participant.

But digital signature alone does not guarantee that you will take part in tenders. The step-by-step instructions also contain the concept of accreditation. That is, in order to participate in auctions held by a particular platform, you must be accredited to it. Each of the five sites has its own accreditation. To do this, a special form is filled out on the site’s website along with an application to open an account. A number of documents are attached. Which ones? We are talking about an extract from the Unified State Register of Legal Entities (if you are an individual entrepreneur - an extract from the Unified State Register of Individual Entrepreneurs), a power of attorney giving the right to participate in these auctions, a document appointing a manager (decision or protocol) with the seal of the organization, a scan of a card with the company’s details.



Further actions

The operator will review the application within five days and provide a response on access or refusal (in the latter case, with explanations of the reasons). The number of retries is not regulated, but each application will require a five-day review period.

Having successfully passed accreditation, you will receive a “Personal Account” from which you will conduct all further actions.

The next mandatory step is to top up your own account on the trading platform as a guarantee of participation in trading. The amount is fixed - for small entrepreneurs it is usually 2% of the initial order amount (its maximum). In other cases we are talking about five percent. You can get your money back after the account is unblocked (at the end of the auction).

Submit applications

The participant can now submit an application. You need to approach its preparation extremely responsibly, having first carefully studied all the auction documentation. The first part, anonymous, consists of confirming the participant’s consent to supply the desired product (service) with a detailed description. Its second part contains detailed information about the participant with the attachment of all supporting certificates and licenses.

In addition to the application of the established form, the application for participation in the tender must include the fullest possible volume of estimate and calculation documents, which shows in tabular form the cost of materials or services together with VAT at the time of bidding, detailed explanations of additional costs (transport, design and survey, etc.) , as well as taxes.



Things to remember

A submitted application automatically equates to an agreement to comply with all the customer’s terms and conditions. If it is impossible to fulfill them, the contractor should withdraw the application. It is not accepted from the participant after the deadline set by the auction organizer. Refusal to participate in the tender (withdrawal of the application) is possible only before a certain date. The deadline for acceptance may be extended by the tender commission, of which applicants are notified.

When the deadline for submitting applications has expired, the customer reviews their first parts, the results of the review are formalized in the form of a protocol, which the site operator must convey to all participants within the prescribed period. This way you will know whether you are admitted to trading or not.

A little about the process itself

What are the main points you need to know when planning to participate in tenders? The step-by-step instructions say that in the bidding process itself, two concepts are most important - the auction step and the time remaining until its completion. The first indicator is strictly fixed - it is 0.5% of the maximum initial price (as the law says). The transition to the next step occurs at intervals of 10 minutes, during which the participant must decide whether to offer a lower price or not.



Participants are prohibited from submitting proposals with a price greater than or equal to that previously proposed. Zero-price offers are also prohibited. It is also impossible to lower the price by more than a step (below the current minimum offer) in advance.

Completion of trades

If the last bid offered was the lowest (within ten minutes no more advantageous offers were received), the auction is completed. A protocol with results is automatically generated almost instantly; each participant appears in it only under an assigned number.

Who exactly won the tender will become known only after the auction is completed. The customer will receive the second part of the winning application, containing the details of the winning participant. He will be sent a government contract, which must be certified with an electronic signature within a certain period of time.



What's next?

In addition, an amount of monetary security for the contract must be provided, which by law is up to 30% of the original maximum price. This is done in the form of a bank guarantee, or the funds are credited to the customer’s temporary account.

Experts believe that by participating in tenders, any company receives important advantages. And although the tender system in its current form is far from perfect, it gives beginning entrepreneurs a chance to reach a major customer and increase their own status in the market.

The choice of tenders should be made wisely, without trying to cover all offers. If you fail, you shouldn’t be upset - after all, you have gained serious business experience.

What is typical for commercial trading?

Unlike state tenders, commercial tenders are organized in accordance with the norms of the Civil Code of the Russian Federation; the regulations for their conduct are established by the customer independently. When conducting them, the same principles are applied on which government auctions are based. But there are more competitive procedures - in the form of an open competition with or without pre-selection, closed, two- and multi-stage competition, request for prices, competitive negotiations, procurement from a single source, etc.

Thus, commercial tenders are mostly conducted similarly to government tenders. The difference lies only in the strict regulation of the latter by law. The form of private tenders is freer, and they are focused on the documentation of the customer companies themselves.

There is no single and universal law on which the organization of participation in tenders of this type is based due to the huge variety of individual areas of business, each of which has its own specifics.

Construction tenders

If your company’s activities are related to the supply of machinery (excavators, cranes, bulldozers) or equipment, as well as the sale of land for construction purposes, you will need serious clients.



This means that the company should take an active part in relevant competitions. Surely you would like to enter into a long-term contract with a large customer. Then take part in construction tenders. The principle here is the same: study the regulations for holding a suitable auction, create a package of documents consisting of an extract from the Unified State Register of Legal Entities, photocopied and tax-certified constituent documents (along with the charter) and an order for the appointment of a chief accountant, evidence of work experience along with copies of financial statements for the last period, as well as copies of passports of all official representatives of the supplier company and a certificate of state registration of the enterprise. The person who will officially represent the interests of the company at the auction must have a power of attorney to participate in the tender.

Do not forget that the submitted application must have monetary support. If there is no available amount in the company’s accounts, it has the right to use a tender loan.

It is no secret that participation in electronic trading, and even more so in government procurement, requires experience and qualifications. Not every company interested in government contracts has a specialist on staff with knowledge and skills in working with tenders. But this work includes not only the actual participation in the auction, but also obtaining an electronic digital signature, selecting trading platforms, registering on them, ordering a bank guarantee and much more.

Difficult places

The matter is complicated by the fact that electronic trading is quite strictly regulated by the state. Moreover, the legislation in the field of public procurement is relatively crude and is constantly being refined. Therefore, participants in government auctions have to tirelessly monitor the news and keep abreast of all changes. You cannot quickly learn once and then reap the benefits of this training - you need, as they say, to “simmer” in the juice of the government order, devoting a significant part of your working time and effort to it.



Why you should participate

In fact, there is no need to despair - government orders remain an attractive sales market for Russian business, and it conceals enormous potential for the development of your company. This is evidenced by bare numbers: according to the Ministry of Economy, 42.8% of trades in 2014 were declared invalid. Most of them did not take place due to the banal lack of participants. Can you now imagine the scale of missed opportunities?

All you need is to properly organize the tender work. Having solved this problem, you will be able to use government procurement resources for the benefit of your own business. However, to do this, you will have to somehow get “other people’s brains” - people who can participate in procurement, avoid risks and achieve contracts.



How to organize tender work

There are at least 5 ways to attract specialists to work. Let's review and compare the available options to determine the right one for your company.



Hiring a freelancer remotely

The easiest and most affordable way is to hire a freelancer who works remotely. This is mainly done by individual entrepreneurs and small organizations with a limited budget. Indeed, a freelancer is the most economical option, but also risky at the same time.

Typically, remote workers work on a piece-rate basis and on an advance payment basis. In order for a specialist to start doing something, he should transfer money. In this case, as a rule, no agreement is concluded. That is, you act at your own peril and risk. It often happens that after receiving an advance payment, a freelancer disappears, and you have to look for another one. As a result, we have wasted money and time.

Another problem is the qualifications of the specialist. Are you sure that the selected employee has the necessary knowledge and experience; will he not fail in such an important matter as participation in government procurement? Therefore, before hiring a freelancer, it is worth asking for feedback on their work. In addition, it would be a good idea to look at information about him on social networks, check mailbox addresses, etc.



Hiring a tender agency with payment based on results

You should be very careful about such a form of cooperation as hiring an agency, subject to payment based on the result (won auction). The fact is that not a single professional tender agency can guarantee the victory of a participant. Whether you win the tender or not depends, first of all, on you and your cost.

Of course, the agency will help you choose a suitable trading platform, eliminate corruption factors, find a good auction and register as a participant. But promising victory is, to say the least, unprofessional.

Payment-based services are usually offered by two categories of performers:

• Beginners are people without sufficient experience who are interested in their own training in practice (as a rule, they do not have an office, a full-fledged website, or official reviews from clients).
• Scammers are so-called “agencies” that lure clients with promises of winning a tender, and in the process of interaction, when the client “takes the bait”, they ask to transfer a deposit to the account (for example, as a guarantee of your reliability).

The likelihood of finding a qualified specialist this way is extremely low. At best you will lose time, at worst - money.



Hiring a tender agency with a subscription fee

A fairly common option that many agencies offer is cooperation with a subscription fee. In this case, your chances can be assessed as 50/50 - it all depends on the company you contact.

Unfortunately, there are agencies on the market that require a subscription fee of 15-70 thousand rubles per month from the customer, promising to provide a range of services for searching, selecting tenders and participating in tenders within an agreed period. In reality, all further “activities” of the company come down to sending you certificates of completed work.

You should be wary of the fact that the agency offers to sign an agreement with a subscription fee for a long period (even if it promises a substantial discount). In addition, carefully read footnotes and regulations. In particular, under the contract you should have the right to refuse to participate in a tender that is obviously unprofitable.



Hiring an employee

It would seem that a worthy option would be to hire a specialist to join the company’s staff. But this method also has its disadvantages.

Firstly, finding a truly qualified tender specialist is quite difficult. If there is such a person who agrees to work for you, he will probably manage several other projects in parallel. You will have to constantly monitor the activities of a full-time professional, and conflicts often arise on this basis.

Secondly, the hired employee may not have the necessary experience. The result: lost tenders, irretrievably lost time, lost profits, and even the need to invest in employee training.

Thirdly, a full-time specialist will have to pay a substantial salary year-round, while tender work is characterized by seasonality. This means that for about six months the employee will rest at his workplace and work to “decompose” the atmosphere in the team.



Tender agency with payment for work done

The most preferable, in our opinion, way to participate in the auction is an agreement with an agency, subject to payment for the work done. This option is reliable and productive. Almost all conscientious contractors offer their customers a similar cooperation scheme.

How interaction is built:

• You (the customer) yourself determine the tender in which you plan to participate and the services that you need;
• The contractor (tender agency) assesses the complexity of the order and issues an offer;
• After signing the contract, the agency carries out the agreed work.

In this case, the customer has the right to refuse cooperation at any time if the quality or cost of the services does not suit him. And the performer, for his part, is motivated to put maximum effort into fruitful and long-term partnerships.

As you can see, the described method is the most effective. In addition, it involves a minimum of risks for both the customer and the agency. This is exactly how most companies that have achieved significant success in electronic trading operate.

Have you had experience organizing tender work? Write your answers in the comments.

A tender is a kind of competitive selection that is carried out among suppliers of goods or persons providing services.

The undoubted advantage of such a choice is that consumers or their representatives can choose the best option from the many presented. The downside is that becoming a tender participant is not so easy, especially for beginners. The tender can be paid, free, open or closed.

Participation in tenders: where to start?

If we are talking about the tender department, then the difficulty first of all is to choose a project and a customer. First you need to consider the requirements for the order and find out as much as possible about the customer himself.

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

In order for the work process to be as efficient as possible, it is necessary to correctly distribute responsibilities.

Typically, the conditions are reviewed by one person who, ideally, knows the basics of jurisprudence. Knowledge of the legal framework will help determine the integrity of the customer and the fairness of his demands.

When participating in auctions, you must adhere to the following recommendations:

• It’s better not to waste your time trying to study the entire proposed list of tenders, but to visit sites that divide orders by area and topic. This way you will immediately know whether the tender is suitable for the area of ​​activity of your department.
• Don't grab the first order you come across. Carefully study the conditions, material rewards and the period allotted for preparation. If the conditions are acceptable, you can contact the customer company and find out all the points of interest. Only after this the order can be accepted for execution.

Tender for beginners

Beginners often experience difficulties not only when searching for an order, but also when working on it. It is best to start with a small “budget” order. It is best to contact a professional who will help you understand the intricacies of contracts and not be left in debt.

Determination of a public procurement participant

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

Participants


• State authorities (executive) that regulate procurement.
• Other executive authorities, including local ones, which have the right to exercise control over procurement.
• Rosatom is a nuclear energy company.
• Customers.
• Performers.
• Specially created organizations.
• Representatives of electronic platforms.

A participant is a link in the procurement process, which can be represented by a legal entity or an individual (even an individual entrepreneur).

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

Search for tender

Searching for a tender is a stage that the contractor cannot do without. The process includes a certain order of actions and its result depends on the quality of the distribution of responsibilities and their implementation.

The main source of orders is the Internet, where the websites of both private customers and those offered by the state are located. Most of these sites are designed to work with entrepreneurs and have limited access.

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

Experienced search engines spend less time searching and selecting, but a beginner will have a difficult time. We have to review 10-15 sites a day.

Receiving an electronic signature

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

You can find out how to obtain a signature in the Law “On Electronic Signatures” dated April 6, 2011. The law provides for the development and expansion of e-business infrastructure. There are currently three types of signatures:

1. Simple.
2. Reinforced.
3. Qualified.

The owner of this type of signature can both receive and provide services that require personal identification in accordance with current legislation.

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

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

Preparation of documents:

• Passport.
• Certificate from PF.
• Email address.

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

Accreditation on the electronic platform

An electronic trading platform is one of the types of online auctions that are conducted based on the 44th Federal Law of January 1, 2011.

Each participant has a so-called personal account, which is accessed after passing accreditation. Accreditation allows you to take part in auctions and tenders on various platforms.

It is noteworthy that each service requires accreditation, regardless of whether it has been passed on other sites or not.

Prerequisites

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

Choosing a supplier determination method

The competition is considered full-fledged when 2 or more competitors participate in it. In case of failed competition, the customer reserves the right to extend the tender or select a single bidder.

Studying documentation and preparing an application

The Contractor is obliged to fully study the documentation and conditions put forward by the customer before becoming a participant in the tender. You need to be sure that there are enough technical, material and intellectual means to complete the task.

It is best for beginners to seek help from professionals who will tell them about possible pitfalls in applications. An incorrectly filled out participant form can rarely be corrected, which can completely ruin participation in the desired project.

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

• There is no alternative way to ensure an impeccable description of the subject of procurement;
• There is a need to use goods not included in the contract when performing work.

There is a need to check documents that confirm the compliance of the indicators of the purchased goods or product with the customer’s requirements. These papers must contain both minimum and maximum acceptable error values.

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

• Manufacturer of a specific product.
• Personal preferences for a participant in the procurement process.
• Guarantee of the availability and serviceability of equipment that creates or transports goods.

2 mistakes you should NOT make when applying

Participation in the auction and raising funds for this

In order to become a participant in the tender, you must have a certain amount of money in your account, which serves as collateral. If you win the competition and refuse to participate, the deposit will not be returned.

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

• After depositing an amount from 0.5 to 5% of the declared contract amount into the electronic account.
• An alternative to depositing money is to use borrowed money. An undoubted advantage of this type of payment is that the funds remain in circulation and are not withdrawn from the business. The loan makes it possible to participate in several tenders at once.
• Fill out the form, entering all the necessary information about the services provided by the participant.

Thanks to Law No. 44, a register of guarantees of banking services has been operating in Russia since March 31, 2014. All credit organizations that are involved in issuing guarantees for bank payments and providing financial support for government payments contribute to it.

All conditions for registering can be found at the Bank of Russia; it is also published on the website of the Ministry of Finance of the Russian Federation. Violators of the terms of the register are blacklisted for a period of two years.

Conclusion of a contract and its provision

After winning the competition and paying the insurance premium, the performer can begin to perform his duties. In the case where the contract amount is estimated at more than 50 million rubles, the customer undertakes to establish insurance equal to 10-30% of the maximum contract value.

If the amount of the advance is 30 percent or more greater than the maximum contract value, the insurance is equivalent to an advance.

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

If the contract amount is less than 50 thousand rubles, instead of bidding, you can conduct requests for price quotes, where the annual purchase amount does not exceed 10% of the customer’s total income.

Watch a detailed webinar on participating in tenders

Tender classification

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

Open

An open type of tender is freely available, that is, everyone can participate (physical and
legal entities). The benefit of the customer in this type of competition is that he has a wide choice of performers and can find a profitable option. Most often, such tenders are posted as advertisements on the Internet.

Closed

A closed tender implies a limited circle of performers. Most often, such a competition is announced by large companies that already have experience working with invited performers. Closed tenders are valued more expensive than open tenders.

Purchasing from a single source is often beneficial for the customer for a number of reasons, which is why some customers prefer this type of tender.

Two-stage

A two-stage competition is announced for specific goods and services. At the first stage, the customer accepts proposals without specifying a price, and at the second, he clarifies all the conditions for those who passed the first qualifying round. At the same stage, performers offer prices for their services and make some adjustments to the requirements.

Selecting a site and topic

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