Tender rules. Tender - about complex things in simple words What tenders are there?

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

What you need to know about tenders

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

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

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

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

Types of tenders and their differences

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

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

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

1. The only performer, as a rule, with an existing monopoly (for example, transportation by rail).
2. Competitive – based on choosing a supplier among 2 or more. This method includes:

• competitions - the winner is selected among performers based on the best offers and conditions;
• auction – the winner is selected based on the lower price offered for the contract;
• request for proposals;
• request for quotations.

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

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

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

Instructions for participating in tenders for beginners

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

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

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

Documents for participation in tenders and requirements for them

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

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

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

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

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

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

How to take part in the tender: video

A tender is an event carried out through a competitive selection of the performer most suitable for performing a certain task. A tender is also understood as any tender, the purpose of which is the purchase of goods, services and works.

When answering the question of what types of tenders there are, it should be mentioned that their main types in Russian practice are classified:

• Depending on the category of the customer.
• Depending on the method of determining performers (suppliers).
• On (when goods and services are purchased by government agencies in order to meet government needs, and the entire procedure is based solely on No. 44-FZ) and commercial (in which the customer is an organization that makes purchases for its own needs).

In the latter case, the customer develops the requirements himself, although practice shows that he adheres to the principles and rules of No. 44-FZ, which are completely optional for him. There are significant differences in the ways in which suppliers can bid.

The contractor may be the only one if there is a monopoly, such as rail transportation. And it can be competitive when a supplier is chosen among two or more. This type includes:

• Competitions where the winner is the one who made the best offer under the best conditions.
• An auction where the lowest bidder for the contract wins.
• Request for proposals.
• Request for quotes.

Tenders are held open or electronically, but a closed tender can also be held.

Each type of tender has specific goals and rules. Only the will of the customer becomes decisive when choosing the method in which the contractor will be installed, of course, taking into account the object and the purchase amount.

Participation in the tender

Companies that constantly participate in various tenders usually have employees whose specialization is this area. There are also organizations that specialize in preparing tender documentation for clients.

Documentation requirements for participation in the tender

During the collection and proper execution of documents, the customer has the opportunity to study information about a potential counterparty and its offer, and the supplier has the opportunity to increase the chances of receiving an order and concluding a contract.

Correct completion of documents can be a determining factor in making a positive decision, since on their basis the customer chooses a supplier. The most minor deficiencies in design may become grounds for refusal to participate in the tender.

Correct completion of documents can be a determining factor in making a positive decision, since on their basis the customer chooses a supplier.

To participate in an open tender, suppliers must provide documents:

• A package of constituent documents with an extract from the Unified State Register of Legal Entities (or) no more than a month old, as well as a document according to which the employee has the right to submit them.
• with information about the objects of purchase and the conditions offered by the supplier.
• Certificates and other documents confirming the quality of goods to be supplied.
• or a certain amount transferred to the customer’s account.

Electronic trading involves submitting information according to the rules for conducting online auctions. Documents must be prepared electronically, and there are specialized online platforms for concluding contracts. contains the contractor’s consent to supply a specific product, provide a certain type of service and information about the contractor, the goods supplied by him, and the services provided by him.

Each supplier may submit one price proposal, unless there is a downward bidding process. And this is possible when the customer received only one offer or only one supplier passed the admission procedure. To attract a larger number of participants, such tender sites can be held without registration or free of charge.

For anyone who wants to work with electronic trading platforms and participate in any tenders, it is necessary to know what types of competitions there are. Why is this necessary? To immediately understand where you have a chance of success and where you are not expected at all.

So let's start with this: competitions are open and closed. Almost everything is clear here with the definitions.

An open competition is a competition open to everyone. The information is published in the public domain; any interested person can obtain information about the request for proposals, its documentation and submit an application.

Closed competition – a competition available to a limited number of people . The customer informs potential participants about the competition and invites them to take part. Other persons cannot take part in the competition. The customer has his own problems with such a purchase: he must justify the choice of a closed competition and the range of invited participants.

Conclusion: It’s very difficult to get into a closed competition, so it’s worth switching your attention only to open requests for proposals that you can track yourself.

According to another classification competitions are divided into two-stage and those held in one stage. Everything is clear here too. If the competition is held in two stages, then at the first stage applications that are interesting to the customer can be selected, at the second stage there is a struggle for victory only between these participants. The conditions of each stage must be contained in the tender documentation for the purchase.

Conclusion: You can participate in competitions with both one and two stages.

Another division of competitions is made according to the procurement’s compliance with the principles of competition. There are non-competitive and competitive procurement methods. In the first case, there is only one participant in the competition and has no competitors; in the second, several potential contractors participating in the procurement compete with each other.

Conclusion: It is unrealistic to become a participant in a non-competitive competition; only monopolistic companies, as well as those who offer goods and services of an “exclusive” nature, have this opportunity.

Purchasing from a single supplier - a classic example of a non-competitive procurement method. In essence, this is a direct issue of a contract to a specific contractor. Customers have the right to use this type of competition only in cases established by law (for example, with natural monopolies or in accordance with orders or decrees of various authorities).

This type of procurement includes all procedures for preparing the tender procedure and related documentation, publishing a notice, notifying the regulatory authority and agreeing with it on the procurement. In this case, it is important for the customer to document the impossibility of conducting competitive selection, the advisability of purchasing from a specific person, as well as the price and terms of the future contract.

Request for proposals – a competition on a competitive basis, when the customer informs potential participants about his needs for any goods or work. It can be carried out in one or several stages. When summing up, each participant receives a score, and the winner is determined based on the maximum score. Any person can take part; several proposals can be submitted, differing in both cost and other conditions.

The result may be that the customer prescribes a rebidding (or bargaining) procedure. Rebidding or bargaining– sending proposals to participants to reduce the cost of their applications. It can be carried out both in absentia and in person: in the first case, participants submit new commercial proposals if they wish, in the second - bidding is held online by reducing the bid price.

Request for quotation – a competition in which the winner is the participant with the lowest bid price. Any interested person can participate; only one quotation application is submitted - changes are not allowed. Using this type of competition allows the customer to receive available proposals in a short time and select a winner. The disadvantage for participants is the fact that the quotation of each of them is known to the commission in advance - there is a possibility that interested parties can influence the result of the competition.

We will separately tell you about competitions held in accordance with Law No. 223-FZ. Here a competition is understood as a procurement in which participants’ applications are assessed both by cost and by other criteria . Goal: to identify the best possible offer. Participants' applications are evaluated and ranked in accordance with a previously known methodology, and the participant with the highest score becomes the winner.

Information is published in the public domain, notice of the competition is posted on the ETP and the Procurement Portal. Any person who can provide a commercial proposal that meets all procurement conditions can take part.

When placing a competition on an ETP, applications are submitted electronically, and their registration and acceptance is carried out by the ETP operator. If the competition involves the submission of paper applications to the customer, then an authorized representative of the customer is responsible for their acceptance.

When the acceptance of applications is completed, the envelopes with the participants’ applications are opened - for “paper” competitions, or access to applications is opened - for competitions on the ETP. Based on the results of the procedure, a protocol is drawn up, which indicates: how many applications were received, from which participants and at what prices. The specifics of this procedure must be clearly stated both in the procurement regulations of the customer company and in the procurement documentation.

Next, the customer can declare a renegotiation (rebidding). Participation in this procedure is optional; you can reduce the price of your offer to get ahead of competitors, or you can not participate at all. Based on the results of the competition, a protocol is drawn up indicating the winner, with whom the customer is obliged to sign an agreement. If the winner avoids signing the contract, the customer has the right to contact the participant who took second place.

Competitions under Law No. 223-FZ can also be open and closed. The differences between the latter are that neither the documentation, nor changes or clarifications to it are published in the public domain: they are available only to persons invited to participate in the procurement. In this case, applications are usually submitted in paper form; protocols for opening envelopes are also not disclosed.

Conclusion: For companies and individual entrepreneurs that do not have positive experience in participating in tenders, it is not possible to submit an application to a closed competition. The only option for working on the ETP in this case is participation in open requests for proposals.