Participation in tenders: in simple words about complex things. Instructions for participating in tenders - where to start Participation in tenders: step-by-step instructions for beginning businessmen

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.

In contact with

In each company, participation in the competition is carried out according to standard tactics, how to work with tenders for public procurement. One of the prerequisites is the approval of the project by the general director of the institution and the appointment of a responsible manager.

Where to start?

The responsible person collects a package of documents provided by different departments:

• estimated
• accounting,
• lawyers,
• HR department,
• logistical.

In addition to collecting completed forms, the manager analyzes his company’s participation in other tenders, and also studies documents that reflect the results of tenders in which the firm or company has previously participated.

The responsibilities of the responsible manager also include studying the requirements for documentation, application deadlines and technical parameters of the purchased products. You can find out what tasks the tender department solves.

Who can be a bidder?

One should not think that all tenders are custom-made and young firms will not be able to “break into” the government supply market. Even a small enterprise that started operating a few days ago can take part in the auction.

Before working with a tender, it is necessary to carry out fairly thorough preparatory work, study the volume of orders and the conditions that the young company can fulfill.

To take part in the competition, you must provide the commission with a package of documents and announce your participation in the tender. Information about auctions can be found on specialized websites and the media. The electronic bidding procedure reduces the costs of participating in the tender and allows you to monitor the progress of the procedure online.

Decision is made. What's next?

If you decide to participate in the tender, you should search for a suitable tender based on the following criteria:

• region;
• subject of bidding;
• starting price.

One employee of a small company cannot cope with the amount of work involved in selecting a tender; outsourcing specialists in all areas should be involved. Hired staff will save money and help you choose a thematic electronic platform.

It is also necessary to issue a digital electronic signature to register it on trading platforms and accreditation of the participant.

“Young” tenderers should begin work on public procurement with proven electronic platforms, for example, such as:

• Sberbank AST;
• Manufacturer;
• Rosseltorg;
• b2b-center.

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? 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.

Support of tenders by qualified lawyers will protect you from disastrous shortcomings that could negatively affect the results of the competition.

One of the main questions that companies taking part in a government contract for the first time would like to answer is, of course, where to start participating in the tender?

For beginners, finding the answer to this question can take a lot of time, and extra time in business is often an unaffordable luxury. Therefore, we decided to help you save your resources.

Participation in tenders step by step instructions

The beginning of participation in electronic trading begins first of all with obtaining an electronic digital signature (EDS).

This process is quite simple and does not take much time (provided that you promptly prepare all the necessary documents).

To obtain an electronic signature, you must contact a licensed certification center. Here you will be advised and informed about what papers will be required. The electronic digital signature will be ready in 1-2 days from the date of submission of all necessary documents.

The next stage is registration in the UIS and accreditation to ETP

Just like obtaining an electronic signature, this process cannot be called labor-intensive. You should attach all the necessary documents when registering with the EIS. This information will be sent to the sites automatically. After successful registration of ERUZ participants, accreditation on electronic trading platforms takes place within one working day.

Please note to the fact that at the first stage of registration in the Unified Information System, it is necessary to undergo authentication in the Unified Identification and Information System (Government Services Portal). Only after this will it be possible to proceed to the next stage of registration.

Getting started with tenders

Having successfully completed the previous two stages, you can begin selecting a tender. To do this, go to either the official website public procurement, or to an electronic trading platform.

If you have not yet received accreditation for any ETP, then perhaps it will be more convenient for you to choose a tender on the official website zakupki.gov.ru - the most complete list of tenders is presented here.

If you are already accredited on a certain trading platform, then it is probably easier for you to find the most suitable government procurement on this ETP.

You can choose a tender according to various criteria: region, contract amount, type of product, etc. Today, large electronic trading platforms (and, of course, the official government procurement website) are equipped with convenient filters that make searching easier.

If you are interested in effective participation in tenders, you can use our tender support service. To search for trades, you can use ours.


Common Mistakes

The entire process of preparing for participation in public procurement is quite simple and takes approximately a week. Be sure to take this into account when choosing trades.

To avoid the initial stage being delayed, pay attention to the most common mistakes made by suppliers:

attaching scanned copies (not originals) of documents;

attempts to attach files weighing more than 12 MB (on the site of Sberbank-AST CJSC - more than 16 MB) during accreditation. In this case, the page either freezes or displays error information;

the attached documents do not have the necessary stamps, signatures or are difficult to read;

ignoring fields marked with an asterisk (that is, required fields).

Attentiveness and efficiency are the most important qualities when preparing to participate in public procurement and bidding in general. Strictly following all instructions can help you spend much less time and money.

You can learn more about some of the stages that must be completed to begin participating in government auctions in our articles under the “Question and Answer” section.

LLC MKK "RusTender"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation

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.

5 MAIN MYTHS ABOUT TENDERS. What you need to know when starting to work on tenders.

During the crisis, companies began to participate more actively in tenders; in some segments, the number of participants increased several times.

The curtain market is no exception. At MosBuild we received a huge number of questions regarding tenders. We decided to declare April the month of tenders and cover this issue in detail on our website.

04/10/2015, Business

Today we are meeting with tender specialist, consultant and teacher, Asya Muftakhina. Asya is one of the key speakers at the “Participation in Government Procurement” seminar, which will be held on May 28-29. With Asya we are discussing what is important for salons to know to start working with tenders.

Maria Belova asks questions.


Asya Muftakhina

– ASIA, HELLO, PLEASE TELL US ABOUT YOUR EXPERIENCE WITH TENDERS.

– I have been involved in tenders since 2010, I started participating as a supplier, I went all the way, I found all the errors that could be found. After working as a supplier for 3 years, I worked in the customer organization, that is, I organized procurement for my department. Therefore, I can perfectly imagine the process of work on both sides.
Now I am an individual entrepreneur, a consultant on participation in government procurement for small and medium-sized businesses.

– HAVE YOU HAD ANYTHING CLOSE TO OUR AREA?

– Recently I trained entrepreneurs who were engaged in curtains. Now I have a lot of designers (both web and interiors).

– I HAVE NEVER PARTICIPATED IN TENDERS, I KNOW NOTHING ABOUT IT EXCEPT THE REVIEWS OF COLLEAGUES. WHEN THE WORD “TENDER” GIVES ME A FEELING OF SOMETHING COMPLEX AND CORRUPT. BUT THIS MARKET IS EXTREMELY INTERESTING, WE REGULARLY PUBLISH TENDERS WITH AMOUNT OF MORE THAN 1,000,000 RUBLES, SO LET'S FIND OUT HOW REAL IT IS FOR CURTAIN SALON TO WIN A TENDER.

FIRST, WHY ARE THEY EVEN CARRIED OUT?

– Any government organization, if it wants to purchase something, is obliged to hold a tender. It doesn’t matter at all whether she is buying stationery or major renovations of buildings - anyway, in 95% of cases she will have to hold a tender. There are several types of tenders.

– TELL US IN MORE DETAIL.

– There is the simplest tender – called “request for quotation”. If the customer announces a request for quotes, then he evaluates you only by price. Initially, he writes a technical specification: I should have curtains like this, this material, this color.






– There is an electronic auction - it is similar to a “request for quotation”, in which participants are also evaluated only by price, but it is held on the Internet.





– There is an open competition. Here a quality criterion already appears, and the customer will be happy to evaluate your work experience and everything that he can think of in terms of quality, he will also evaluate in terms of quality: the number of your clients, the number of government contracts you have completed and everything he can come up with if he suddenly needs...





There are several more types.

– LET'S TALK ABOUT THE BASIC MOST COMMON CONCEPTS ABOUT TENDERS. FIRST – CORRUPTION IS SO HIGH THAT IT IS IMPOSSIBLE TO WIN.

- Can. We won tenders that were not made for us. Yes, there are some industries in which it makes no sense for non-specialists to participate: construction over 10 million rubles, you need to know the specifics, down to what word to write, what product, where to indicate millimeters, where to indicate centimeters.

– WHAT IF WE TAKE SOMETHING SIMPLE?

– The lower the price, the more likely it is possible. The customer is also monitored by the Federal Antimonopoly Service. And if you, as a participant, feel that your application was rejected unfairly, you can file a complaint against them. Accordingly, the Federal Antimonopoly Service will come and begin an inspection, and for various reasons, no one needs the arrival of an inspection body.

– BUT THE SECOND FEAR IS THAT I MYSELF, WITHOUT A BROKER, WITHOUT A KNOWLEDGEABLE ASSISTANT, I WILL NOT BE ABLE TO LEARN TO COMPLETE ALL THIS DOCUMENTATION AND SUBMIT IT, THAT THIS IS SUCH A COMPLEX PROCEDURE THAT IT IS NOT REALISTIC TO FIGURE OUT MYSELF.

– In fact, the most difficult thing there is the documentation. When a customer announces a tender, it is accompanied by a stack of documents. Three quarters of this pack is a repetition of the main basic law that operates in the field of government procurement - the 44th, and literally 10 pages of technical specifications and the conditions themselves - that is, 10 pages that need to be read.

– IS THIS REALLY SOMETHING UNREALLY COMPLEX OR YOU CAN LEARN THIS AND PASS IT ONCE – CAN YOU ALL YOURSELF WITHOUT A BROKER?

- Can. And in the case of small businesses, it’s even necessary!

– This is the first time I’ve heard about “thrown in.” Probably we are talking about non-payment? The fact is that the formidable FAS will also find out about non-payment and will also come to the customer with an inspection. As I already said, no one needs this. With small amounts and good faith on the part of the supplier, problems are unlikely to arise.

– I HEARD THAT THEY MAY NOT PAY FOR A LONG TIME, FOR EXAMPLE.

– You need to read the terms of the contract, they may say until the end of the year, but play the competition at the beginning of the year. Payment must be made by the end of the year. Although, in my opinion, there is already a rule in place that requires payment 10 days after signing the act. This is if according to 44-FZ.

– THERE IS NO ADVANCE PAYMENT?

- The prepayment has now been removed. Previously, it was possible to work with a 30% advance payment.


– WHAT OTHER OPINIONS ABOUT TENDERS ARE MISCONCEPTS?

– I would name five main ones:

It is impossible for a young and inexperienced company to win.
- purchases are carried out after the work is done.
- FAS is always on the customer’s side.
- customers live on kickbacks, the winner has long been known. Even if we win, they won’t sign the act for us.

– LET’S CONSIDER HOW THE TENDER SYSTEM WORKS, WHAT ARE THE MAIN PLAYERS?

There is a single portal where all tenders are published - State procurement, zakupki.gov.ru.

The customer publishes information about the tender and selects sites where the tender will be held. From a single portal, all information is posted on the site.

The participant - supplier, small business, also has access to both the sites and a single portal and can use it.

The main regulatory organization is FAS (Federal Antimonopoly Service).

It is important to take into account that the customer may have several departments involved in the tender. On the one hand, this will be the tender department - people who are involved in legal registration, on the other - the internal customer who needs to purchase it. These are two different structures, and they often conflict with each other and do not understand each other. It is necessary to take into account the subtleties of working with them.






– ANOTHER QUESTION, GOVERNMENT AND COMMERCIAL ORGANIZATIONS CAN PLACE TENDERS, HOW OFTEN DO COMMERCIAL ORGANIZATIONS USE THIS TENDER?

– Commercial companies, like government ones, are required to place everything through tenders if the cost exceeds a certain amount. The amount is different in each category.

If, for example, Gazprom needs curtains, it will hold it through a tender. If Sheremetyevo – also by tender.

– WHERE WILL THEY PLACE IT INITIALLY, THROUGH GOVERNMENT PROCUREMENT?

Yes, initially they are included in government procurement, both public and commercial.

Another market player is brokers.

– HERE WE REGULARLY HEAR ABOUT THE FOLLOWING PROBLEM: ON THE ONE HAND, BROKERS HELP TENDER PARTICIPANTS, REMOVE THE HEADACHE WITH DOCUMENTATION, BUT AT THE same time A LOT OF FRAUD APPEARS. THERE ARE QUITE A LOT OF BROKERS IN THE MARKET NOW, WHO MANY SAY THAT THEY ARE STATE, AND ARE EVEN CALLED SOMETHING “GOS-...”, BUT IN ACTUALITY A REGULAR COMMERCIAL BROKERAGE COMPANY. THEY MISLEAD PEOPLE, ASK FOR AN ADVANCE PAYMENT FOR PARTICIPATION, AND AS A RESULT IT MAY NOT BE REFUNDED, THEY DO NOT GIVE ANY GUARANTEES, OR THEY GIVE THEM - TAKE MONEY, AND PEOPLE DO NOT WIN. WE HAVE HEARD A LOT OF SUCH FEEDBACK.

– Maybe they just don’t understand what a broker is? The broker does not guarantee that you will win.

– BUT PEOPLE ARE MISLEADED. AND THEY ARE RUDE AND BLACKMAIL. AT FIRST PEOPLE SEEMS TO AGREE, THEY ARE TOLD YOU WILL WIN, BUT YOU NEED TO PAY A DEPOSIT.

– The word prepayment is a red light. If you hear the word prepayment, immediately think that something is wrong here.

– IF I CAN FIND AN HONEST AND PROFESSIONAL BROKER, CAN HE ASK ALL MY QUESTIONS AWAY?

– You need to understand that the supplier will still be related to the tender. You can't just hand it over. Because any broker, no matter how experienced he is, does not understand your product. And the main part, especially for competitions where there is documentation of what you are ready to provide, must be done by the supplier himself. No broker can do this.

– SO THE BROKER’S GOAL IS TO HELP PREPARATE THE CORRECT DOCUMENTS?

– The broker deals with the legal part and comprehensively manages your participation in the tender so that everything is done on time and correctly. But I never undertake to do technical specifications regarding the product and pricing. These two points, no broker can do without you. If someone promises this, then this is already strange.

– DO I UNDERSTAND CORRECTLY THAT IT IS VERY IMPORTANT TO DRAFT A QUALITY CONTRACT AND PROTECT YOUR RISKS TO THE MAXIMUM?

– The contract is drawn up by the customer. He has a ready-made form of agreement - a draft agreement, which he uses. Here the question is in the technical specifications, it is important to fulfill the points of the technical specifications and sign the execution of our service at each stage. Because at many stages subjective opinion works.

– BEAUTIFUL/UGLY, WORKS/DOES NOT WORK, SELLS/DOES NOT SELL.

– Therefore, at every stage where you feel that a risk may arise, you draw up an act. Depending on the customer, agree on what exactly to compile. At least get confirmation from him in writing by email. The best option to communicate with government customers is by email, and not just by phone. So that you have written confirmation from him that yes, he agrees, and explicitly. Not just streamlined phrases about the fact that they looked and decided something, but an obvious one: “yes, we accepted this work.”

– LET'S TALK ABOUT HOW TO DEAL WITH INVALID TENDERS. LITERALLY THE other day, the OWNER OF THE SHOP AND SALON CALLED US, SAYS: “VERY STRANGE, I WANT TO APPLY FOR PARTICIPATION IN THE TENDER, BUT THE CONDITIONS SPECIFY FABRIC WHICH PRACTICALLY DOES NOT EXIST IN NATURE.”

– You can file a complaint with the FAS, but in the option that you describe, it is quite useless, because the FAS does not deal with qualitative characteristics. If the procedure was violated, they can come and say “ah-ah-ah,” but if you come to them with a quality characteristic, they will say that we are FAS and will not understand the curtains. Most likely this will not happen. You can try it to show that you have some teeth. The supplier has its own complaint history, it is available and any customer can view it. If you participate in some kind of tender, you address the customer with a question. The customer can say: “read the tender documentation” - he really likes this. Or maybe they look at your complaint history and understand that you won’t stop there and will go to the FAS and they will answer you normally.

– I.E. IT IS BETTER NOT TO PARTICIPATE IN SUCH TENDERS. YOU MENTIONED TYPES OF TENDERS, WHICH ARE THE MOST TRANSPARENT?

– Requests for quotations for amounts less than 500,000 are the most convenient type of tender for both the customer and the supplier, so try to use it. The second most convenient is an electronic auction, it is more complex than a request for quotes, but it is more transparent, because the customer does not see who is participating in the auction. When someone wins - offers a lower price - then he can see you.

– AND AT SOME PERIOD THERE IS A STRUGGLE

– The auction takes place online, on a certain date, designated by the site. At this time, you must come and participate in the auction.

– SO THE QUALITATIVE CHARACTERISTICS ARE NOT INVOLVED THERE?

– No, they do not participate in the electronic auction. You are judged only by price. If you meet the formal criteria: accreditation, with a bank guarantee provided on time, if required, signed a contract on time. There are legal issues for which the customer can reject you, but if you comply with them, then everything will be fine

– WHAT IS THE MOST DIFFICULT TYPE OF TENDER TO PARTICIPATE?

– Open competition. There is the maximum amount of documentation, the maximum possible criteria. Everything that can be complicated is complicated.

– IT IS CLEAR, IT IS VERY IMPORTANT TO IMMEDIATELY PAY ATTENTION TO THE TYPE OF TENDER IN ORDER TO DECIDE WHETHER TO PARTICIPATE OR NOT.

– I would like to draw your attention to the fact that the formal side is very important: compliance with deadlines and procedures. The customer usually knows that this is very critical, but as for small businesses and suppliers, I am faced with the fact that “Oh, tomorrow we will sign a government contract, the day after tomorrow we will sign.”

And another common misconception is that “I can do better.” The customer specifies one thing in the documentation, and I can do better. The customer better not need it, he needs it exactly as in the technical specifications.

– WHAT IS THE PROCEDURE TO START WORKING WITH TENDERS, WHAT YOU NEED TO DO BEFORE YOU CHOOSE AN INTERESTING TENDER.

– First of all, you need to create a search core and learn how to do correct targeting. It's not difficult at all, but it makes your life a lot easier. And then, depending on the type of tender. If this is a request for quotes, then you can participate immediately; if this is an electronic auction, then you need to obtain an electronic signature and register. Although I recommend taking some educational courses first, I remember how at one time I suffered at every stage.

– TWO WEEKS ESSENTIALLY WITH RESERVE. WHEN YOU ARE ACCREDITED, WHEN YOU HAVE PASSED EVERYTHING ONCE, IS IT ALL FAST?

- Yes, much faster. The only thing is that it is important to allow time for a bank guarantee if you need it. We will talk about this in detail at our seminar on May 28-29.

– THANK YOU FOR THE DETAILED ANSWERS.

You can find out more about the seminar