Open tender. What is a tender: in detail with examples. Features of state, commercial procurement and procurement by certain types of legal entities

Government agencies and large companies cannot turn to the first contractor they come across to buy furniture or order window cleaning in the office. To eliminate the corruption component and improve the quality of service, they must hold tenders - competitions in which all potential suppliers are provided with equal conditions.

Why should an entrepreneur find out what a tender is and how to participate in it? The fact is that this method of organizing sales has a number of advantages:

to conduct tender sales do not need a whole department of managers;
budgetary organizations spend rather large sums on purchases;
bidding is the only way to sell something to the state;
up to 20% public procurement intended for small businesses.
to participate in the auction, you do not need to drain the budget for advertising;

talking in simple terms, a tender is a competition in which a company selects suppliers of products or performers of work on favorable terms for itself. When determining the winner, the customer has the right to take into account many factors - the price, the timing of the task, the availability of qualified workers and equipment from the contractor. Participant offering Better conditions signing an agreement with him.

There are two types of tenders - state and commercial. The first ones are carried out exclusively in electronic format on authorized sites on the Internet (ETP) in accordance with the legislative framework:

budget organizations carry out purchases in accordance with Law No. 44-FZ;
companies with a share of state capital over 50% use No. 223-FZ.

Private companies and enterprises with a state capital share of up to 50% can organize auctions in any format. However, Law No. 135-FZ requires equal opportunities for all participants, which is only possible when using the ETP.

Why did state and corporate customers gradually transfer the auctions to electronic form? The fact is that:

ETPs cover a wide audience. Any entity with access to the Internet can take part in tenders.
Trading platforms form registers of participants and trading history. Based on these data, it is easy to conduct analytical studies.
Contest participants undergo mandatory accreditation, which reduces the likelihood of encountering scammers.
The marketplace interface allows you to quickly search for tenders by several parameters, including the type of product and the location of the client.
results electronic trading impossible to forge, and custom tenders are seen almost immediately.

Types of tenders

To get an idea of what a tender is, it is necessary to consider existing species competitions. On trading floors and in the United information system on public procurement (UIS) on the website zakupki.gov.ru there are tenders:

open. Any subject who correctly prepared the application can take part in them. As a rule, there are many participants, so the acceptance and consideration of proposals takes several months.
Closed. The customer sends invitations to a narrow circle of contractors who have the necessary qualifications, goods or equipment. So it is easier to avoid the flow of applications from amateurs. Also, a closed competition will be organized if:

the object of the auction or its documentation is a state secret;
a competition is held for insurance, transportation or protection of valuables;
the tender is carried out by law enforcement agencies.

The next method of classifying tenders groups them according to the technology for determining the winners. Trades include:

Contests. They are held if, when choosing a winner, they consider not only the price, but also other factors - deadlines, originality of the technical solution. If only one application is received, the competition is considered invalid.
Limited Contests. They imply a preliminary selection of participants according to the availability of qualifications, equipment, and material resources. Bidding is also considered invalid if there is only one bid.
Two-stage contests. First, the performers offer their own ways of solving the problem without specifying a price. The customer selects the most rational ideas and conducts the final bidding with the calculation of the project estimate. Such tenders are needed if:

the client is exploring the possibility of solving a non-standard problem;
the customer cannot independently understand the specifics of the work;
the object of the auction is constantly modernized equipment.
- Auctions. A trading auction is a tender in which bidders place bids, lowering the starting price of a contract. The one with the lowest price wins. The list of goods for the auction is specified in Order No. 471-P.
- Request for Proposals. They are held after failed bidding and to justify the price of the contract. The customer collects from contractors commercial offers and publishes them in the EIS. Next, the performers receive one day to improve applications.
- Quote requests. Unlike other types of tenders, the request for quotations is carried out without collateral with a contract price of up to 500 thousand rubles. Each participant makes one proposal. The firm with the lowest price wins the contract.
- Purchasing from a single supplier. They are held if any of the above types of tenders is declared invalid. In addition, the law provides for another 52 cases where it is allowed to purchase from sole supplier. For example:
it is necessary to perform work related to mobilization preparation;
the object of the cakes is military equipment, which has no analogues in Russia;
purchases are made in connection with emergencies;
goods and works are purchased from enterprises of the Federal Penitentiary Service;
works of art are purchased from their right holders;
the object of the auction is products for state protection;
medicines prescribed to the patient by the commission are purchased;
the contractor is considered a monopoly in the industry.

Who can take part in the tender

The law does not provide for any restrictions on entities with various forms households wishing to participate in tenders online. The following persons are allowed to apply as executors:

Ordinary citizens. They have the right to register on electronic platforms and take part in auctions on an equal basis with businessmen, with the exception of competitions with restrictions. Winners must pay income tax.
Individual entrepreneurs. They have some advantages: 20% of purchases are made among small businesses. But individual entrepreneurs may face obstacles, since they do not have the right to apply for tenders of law enforcement agencies.
Legal persons. Responsible for obligations only authorized capital. But in the event of a contract failure, not only the LLC, but also its founders, are included in the “black list”. Therefore, many companies create subsidiaries for trading.
budget organizations. Exempt from the obligation to pay a security deposit. In addition, in some tenders, the institutions of the Federal Penitentiary Service have advantages. However, state employees cannot spend the earned money at their own discretion.
Foreign citizens and companies. The right to participate in the auction, where there are no restrictions on the national regime. When accredited on the trading floor, foreign entities are required to provide certified translations of statutory documents.

When figuring out how to participate in Public Procurement, you must first determine whether the participant is entitled to admission to bidding under the law. Applicants who:

or already declared bankrupt;
suspended work due to an administrative offense;
have arrears in payments to budget and insurance funds;
run by citizens convicted of financial crimes;
do not own the rights to intellectual property transferred to the customer;
are managed by citizens who are related to or married to key representatives of the customer;
registered in states with preferential taxation.

Depending on the specifics of the tender, the customer may put forward additional requirements for applicants. In particular:

experience in the field with which the object of the auction is associated;
a sufficient number of qualified employees;
availability of special equipment and technology;
domestic origin of goods under national treatment restrictions;
availability of licenses or participation in the SRO, if required by the object of the auction;
belonging to SMP or NPO, if the competition is held among them;
absence in the Register of unscrupulous suppliers (RNP).

How to find suitable public procurement tenders

All auctions of state and municipal institutions are listed on the official website of the EIS zakupki.gov.ru, where you can filter them by the name of the customer, amount, type of product, terms. However, the contests themselves are held at accredited federal venues. There are eight of them:

Federal marketplaces
sberbank-ast.ru	roseltorg.ru	lot-online.ru	etpgpb.ru
rts-tender.ru	etp-ets.ru	tektorg.ru	astgoz.ru

It is more difficult to find auctions of private companies, as they are held on thousands of resources. Fortunately, most of the big tender sites are members of the ETP Association: its portal www.aetp.ru has links to dozens of trading platforms. Here are a few of them:

Finally, an experienced businessman can participate not only in Russian tenders, but also in competitions of other countries: for this, he will need the services of an interpreter and mechanisms for international settlements. It is unrealistic to list all the ETPs of the world, but you can get an idea about them using the following links:

Foreign trading platforms
Italy	www.infoappalti.it	Kazakhstan	www.zakupki.kz
Netherlands	www.tendersinfo.com	Ukraine	Prozorro
USA	www.fbo.gov	Poland	www.twojprzetarg.pl
Finland	www.hankintailmoitukset.fi	Türkiye	www.yatirimlar.com

How to identify a dishonest tender

Beginners usually participate in all tenders in a row. But experienced entrepreneurs first try to assess the chances of winning. Unfortunately, many high-value contests are for "baited" vendors, so outsiders don't even have to try to bid. How to identify a negotiated tender:

In the title of the competition, the name of the auction object is not indicated at all, it is indicated with an error or with Latin letters. It makes it harder search for tenders for the uninitiated.
The product code according to OKDP is given without detail or with incorrect units of measurement. An outside participant will not be able to guess what exactly the customer needs.
The delivery region is not indicated at all or is indicated with minimal accuracy. Calculating the price in such conditions is difficult, since the costs of logistics are unknown.
The deadline for fulfilling obligations is inadequately short. This sign of a negotiated tender indicates that some of the bidders are already doing work.
The contract price is several times higher than the market value. Perhaps it already includes the amount of a bribe for the organizer of the tender.
For some unknown reason, work must be carried out using rare equipment. Most likely, this technique is in the right customer's contractor.
Thousands of pages of bidding documents should be reviewed in a short amount of time. This is only possible for a participant who has familiarized himself with it in advance.
The requirements for bidders indicate the need for licenses or SRO permits, which are not actually needed for the declared work.

How to prepare for a tender

A tender is a responsible procedure that involves transactions with large sums of money. It is logical that the first company that comes across will not be allowed to participate in the auction, and therefore the contractor must conduct certain preparations:

Learn the rules for submitting applications and holding tenders. The entrepreneur must consider in detail laws No. 44-FZ, 223-FZ, 135-FZ, as well as related regulatory documents and by-laws.
Get a qualified electronic signature. It is issued in the form of a key recorded on a USB flash drive by centers licensed by the Ministry of Telecom and Mass Communications. EDS is valid for one year and works on certain sites, where tenders are published.
Register on trading platforms. It is possible to start with sites intended for government tenders, and then move on to corporate ones. You should look for resources where there are many competitions suitable for an entrepreneur.
Get accredited. The operator must check the data about the company and enter it into the register of the site. The accreditation is valid for three years, but an application for renewal must be submitted three months before its expiration. Otherwise, access to trading will be closed.
Open a special account and transfer money to it to secure the application. This fee guarantees the integrity of the bidders. Banks should be used, the list of which is published monthly on the website of the Ministry of Finance.

What documents are needed for the tender

Tender documentation is recommended to be collected at least a week before the start of bids and sent to the customer as soon as possible in order to have a margin of time to make changes to it. When conducting traditional auctions, papers are stitched and sealed in an envelope, and when organizing electronic events, they are scanned and sent to the site operator along with a personal EDS.

What documents are needed to participate in the tender:

enterprise profile - name, address, telephone numbers, passport details and TIN codes of the founders of an LLC or an individual entrepreneur;
a certificate from the Unified State Register of Enterprises or Unified State Register of Legal Entities a maximum of two weeks ago;
a notarized copy of the certificate of registration of the SPD and the assignment of the TIN;
copies of statutory documents for LLC;
orders to appoint a head and chief accountant for an LLC;
documents stating that the company is not liquidated and is not bankrupt;
certificates of non-conviction of persons responsible for economic crimes;
an extract from the Federal Tax Service on the absence of debts on payments to the budget and insurance funds;
financial report for the last three years;
consent to the transaction if the amount exceeds the limit specified during registration;
evidence that the applicant is an SMP, an enterprise of the Federal Penitentiary Service, a society for the disabled, or non-profit organization(if there are benefits for them);
documents confirming the deposit of collateral or the provision of a bank guarantee;
list of submitted documents.

Customers have the right to demand:

copies of contracts with previous customers;
a list of material resources available to the contractor;
recommendations from clients;
evidence of victories in other tenders;
presentation of the company and its activities.

How to apply for a tender

According to statistics, 15% of trades worth up to a million rubles are failed due to the complete absence of participants. An entrepreneur can easily become a winner in them if he submits an application correctly. There are two types of applications:

Written. Served in a sealed envelope in person or by registered mail. Currently, they are almost never found, since all auctions are held on the Internet.
Electronic. Served in the form of scanned copies through the ETP, supplied with digital signature entrepreneur.

According to the law, a tender is the consent of a participant to deliver goods or perform work on the terms of the customer. It consists of two parts, which are sent to the client within the agreed time:

The first part should include basic information about the proposed product, work or service, namely:

written confirmation of the applicant's consent to cooperation in accordance with the mentioned conditions;
the country of production of the goods, if the customer conducts a tender taking into account national restrictions;
full specifications goods, a table of prices for it, taking into account tax payments and overhead costs;
statutory certificates and declarations of quality for products, certificates from Rospotrebnadzor.
- The second part should contain the documents listed in the previous section. It is considered after the selection of the best offer.

Application for participation in electronic competition sent to the ETP operator in the form of two documents signed by the entrepreneur's EDS. The operator assigns a serial number to it within an hour and sends a confirmation to the participant.

Preparation of tender proposals includes such a stage as making a deposit. Each participant in the form of a guarantee of good faith must transfer to the organizers of the competition financial security in the amount of 0.5–5% of the contract value. At the end of the auction, the money is returned to the applicants. You can make a deposit in different ways:

Open a special account in an accredited bank and transfer money to it. The bank will block the collateral for the duration of the auction.
Get a tender loan. This method is suitable for entrepreneurs who do not have free funds to make a deposit.
Issue a bank guarantee. Wherein financial institution accepts an obligation to pay the required amount at the request of the creditor.

How is the tender

It is impossible to organize a tender without preparation. First of all, the customer must study the market situation and justify the initial price of the contract (NMTsK). When he understands how much these or those goods or services cost on average, you can proceed to the next steps.

How the procurement tender is conducted:

How is a procurement tender conducted?:

The customer publishes on the ETP or sends to contractors an invitation to bid, including basic information about the tender:
- a description of your company, its profile of activities, features of the business and the industry as a whole;
- description of the task and the expected result, including the technical data of the object, information on prices and payment schedules;
- rules for preparing applications and a list of requirements for performers - their qualifications, equipment, experience in performing similar work;
- criteria for evaluating proposals, including cost, completion time, presence or absence of subcontractors;
- the dates of the beginning and completion of the acceptance of tender applications, the date of the competition and the announcement of the winners.
Interested contractors contact the buyer for additional information, clarify the essence of the problem and the desired ways to solve it.
Potential executors, guided by the tender documentation, draw up applications for participation in the tender.
Prepared applications are uploaded to the trading platform or handed to the client in sealed envelopes, which is confirmed by receipts and a journal entry.
If necessary, the customer asks the performers to make presentations of their proposals and talk about the benefits of cooperation with them.
The customer evaluates the proposals according to the mentioned criteria, awards them certain points for this, and thus selects the winners.
The tender protocol is published on the trading platform, in the EIS and on the customer's website. If the competition was closed, the applicants are informed about the results personally.

When an auction is announced on the trading floor and on the website zakupkigov.ru, a notice is published indicating the date and time of the auction.

Stages of the tender:

Stages of the tender:

Bidders make bids, add to them Required documents, sign with their EDS and upload to the trading platform.
The site operator applies to the banks indicated in the applications and asks the institutions to block the security deposits on the applicants' accounts.
Upon the arrival of the date and time specified in the notice, contractors log in to the trading floor, connect to the auction and start submitting proposals:
- Taking into account their capabilities, the participants reduce the cost of the contract. The reduction step is 0.5–5% of the initial price.
- When submitting an offer, the contractor cannot name an amount greater than or equal to the one he indicated earlier.
- The participant does not have the right to further reduce his offer if it is in this moment less than all the others.

The end time of the auction is set. If within 10 minutes after the receipt of the last bid there are no new proposals, the auction ends.
Within an hour, the operator publishes the tender protocol on the trading floor, and also sends notifications to the customer and bidders.

How to cancel a tender

Often, customers interested in cooperation with certain firms themselves send them invitations to participate in the auction. If after a sober assessment tender risks the entrepreneur understands that he is not interested in this competition, he has the right to refuse the offer and send a corresponding letter to the customer. The reason for refusal may be:

lack of technical or financial ability to fulfill the order;
limited time for registration of the tender;
inadequately large number of applicants;
participation in the competition of companies with a bad reputation.

If the entrepreneur decided to win the tender and applied, but later changed his mind, he can also refuse to participate in the tender:

To withdraw an application for participation in the auction, you should send a message to the platform operator before it starts. It unlocks the collateral within a day.
It is possible to withdraw the application for participation in the request for quotations after the customer makes changes to the documentation or by sending a second proposal.
You can withdraw the tender application before opening the envelopes or before unlocking access to documents on the ETP. Deposits are returned within five days.

Everything becomes more complicated if the contract has already been signed, and the situation changes not in favor of the contractor - for example, goods or raw materials become more expensive, sanctions are introduced, the ruble exchange rate falls. What can be done:

Just refuse to sign the contract. As a result, the performer will lose the pledge and be included in the RNP lists for two years.
Terminate the contract by agreement of the parties. This requires a good relationship with the customer, otherwise the latter may wish to punish the performer.
Take advantage of the conditions mentioned in the contract and legislation. For example, you can initiate the termination of a contract if the customer:

repeatedly fails to pay;
unreasonably refuses to accept products or works;
does not provide the performer with the necessary information or materials.

If the contractor decides to terminate the contract, he must send a notice to the customer within three days. It is advisable to use methods that allow confirmation of receipt of the letter by the addressee. In addition, you can earn by opening your own.

How to win a tender for a beginner

Contrary to the prevailing stereotype, a newcomer may well win the bid if he does not fight for expensive contracts with large suppliers. But you should not rely only on luck. It is better to study the basic subtleties of participation in tenders in public procurement:

Tender sales should start with small bids large companies. An agreement with the PFR worth only 500-700 thousand rubles is unlikely to be corrupt.
It is recommended to study the statistics and procurement plans of prospective clients. If their needs and auction dates are known, you can prepare in advance.
You should not participate in tenders that have signs of contractual. The chances of winning them are negligible, and customers often begin to take revenge on unwanted winners.
The application must be prepared in accordance with the tender documentation. About 25% of applicants make mistakes in it and are refused.
You should not hope that the customer is well versed in the object of the auction. It is advisable to avoid complex terms in the application, add pictures and diagrams.
It is recommended to prepare a portfolio. good presentation worth the time spent, as it is much easier to win a tender with it.
Customers love guarantees. It is worth including in the tender proposal the obligation to maintenance, repair and maintenance of the bidding object.
The chances of winning are increased by communication with the customer. You can call him, write letters with a request to clarify incomprehensible points and reveal your wishes.

What should the winner of the tender do?

Aspiring entrepreneurs, puzzled only by thinking about how to participate in tenders, often have no idea what to do after winning. By law, the winning bidder is obliged to sign an agreement with the customer in the period from the tenth to the twentieth day after the protocol is posted on the electronic site. Fortunately, today partners don’t even have to meet in person to do this:

After the publication of the tender protocol, the customer uploads an unsigned draft contract to the trading floor and to the EIS within five days.
The Contractor studies the contract, and if errors and ambiguities are found in it, transfers the protocol of disagreements to the client through the trading platform.
The customer considers the wishes of the contractor for three days, and then publishes a new contract (or the old one, indicating the reasons why changes are impossible).
The Contractor accepts the conditions of the customer and within three days uploads to the platform the contract signed with the EDS and the document on the deposit of security.
Over the next three days, the customer also signs the contract using an EDS and uploads it to the EIS and to the trading platform.

By analogy with a pledge for participation in a tender, when concluding an agreement, the contractor must transfer a security in the amount of 5–30% of the NMCC to the client's account. It acts as a guarantee that the contractor will fulfill all obligations and not terminate the contract at will. There are three ways to solve this problem:

withdraw money from circulation and send it to the customer's account;
send the client a document on the provision of a bank guarantee;
transfer to the client's account the money received in the form of a tender loan.

Is it possible to challenge the results of the tender

In any competition where there is a winner, there are always subjects dissatisfied with the results. If the tenderer assumes that his rights were violated during the bidding process, he has the right to challenge the actions of the client, the commission or the operator of the trading platform. Complaints are considered by two authorities:

Federal Antimonopoly Service;
Arbitration court.

Filing a complaint with the FAS is effective solution: appeals of entrepreneurs are considered within five days and are found justified in 40% of cases. You can take the document personally to the regional office of the service or send it to the address [email protected], providing electronic signature. It should be remembered that:

complain about incorrect tender documentation possible until the end of acceptance of applications from participants;
You can complain about the actions of the customer or the tender commission within 10 days from the date of publication of the bidding protocol on the ETP;
You can complain about an unlawful refusal to consider the second part of the application or to determine the winner before the signing of the contract.

You need to apply to the arbitration court at the place of registration of the customer within three months from the moment when the tenderer learned about the violation. The plaintiff must first conduct a pre-trial settlement, that is, send the defendant an application and supporting documents. If you ignore this procedure, the court has the right to leave the complaint without consideration.

Tenders and taxation

At first glance, it is not profitable for entrepreneurs to participate in tenders: having no obligation to pay VAT, they can further reduce the price. But if they do not notice that the tax is allocated separately in the cost of the contract, they will have to face a surprise in the form of a 20% VAT deduction and the contract turning into a loss. What to do in such a situation:

If the object of bidding by law refers to goods subject to VAT, the tax must be included in the cost of the contract.
If the client does not indicate the tax in the NMTsK, and the VAT payer wins the auction, when concluding the contract, 20% will have to be deducted from the supplier's price, which is prohibited.
A feature of tenders held by commercial companies is the comparison of proposals of different participants without VAT at all.

When participating in foreign auctions, contractors have the right to set VAT at 0% and demand compensation from the state. The exception is sales of oil, gas and gas condensate.

Conclusion

In principle, for an entrepreneur to work, it is enough to know what a tender is and how it is carried out. However, beginners should take into account that in sales an excellent indicator is the ratio of the number of contests won to their total number in the range of 25-40%. At the same time, many start-up businessmen apply for two or three tenders, lose them and refuse the idea of participation in the auction at all. Solving this problem is simple: you just need to show perseverance and perseverance in achieving the goal. With the first victory, self-confidence and a positive reputation will appear, which will contribute to further successful activities.

It is concluded with the winner of the tender - the participant who submitted a proposal that meets the requirements of the documentation, in which the best conditions are offered.

The term "tender" used in everyday speech can be both an analogue of the Russian terms competition or auction, as well as other competitive procedures, such as a request for quotations, a request for proposals.

Bidding in Russian Federation are divided into open and closed, can be held in one or two stages, in the form of a competition or auction. Bidding carried out for state needs within the framework of the state order is carried out in only one stage.

Legislation on the placement of state and municipal orders (Federal Law of July 21, No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”) provides for other methods of procurement that are not bidding - this is a request for price quotations - which can be used for small volumes of purchases (less than 500,000 rubles per quarter for goods of the same name), as well as purchases from a single source used in cases specially stipulated in the Russian legislation.

Russian legislation

On July 21, Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs” was issued, which came into force on January 1 of the year. This law regulates all state and municipal procurement in the Russian Federation, and also introduces a number of mandatory requirements for the publication of information about ongoing procurement on the Internet.

Law 94-FZ does not contain the term "tender", since it is borrowed from in English by tracing (borrowing the structure of an element of a foreign language) without translating it and reflecting the true meaning of the word. Instead, a term is used that is present in the legislation of the Russian Federation - open competition. The law also defines such types of purchases as a request for quotations, open auction, open auction in electronic form, pre-selection, exchange trading.

On July 24, Federal Law No. 218-FZ “On Amendments to the federal law"On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs." This law introduced significant changes to the procedures for placing state orders, expanded the list of grounds for procurement by the “single supplier” method, changed the procedure for calculating terms (from calendar days for workers), etc.

Subsequently, federal laws were adopted, introducing numerous clarifications and amendments to the law. The current edition contains the amendments that have entered into force.

In accordance with the law, state and municipal purchases in the Russian Federation must be posted on the single official website of public procurement of the Russian Federation zakupki.gov.ru, and the results of these auctions should also be posted there. It is permissible to duplicate an order on a regional website or other source, but publishing a tender notice on alternative sources if it is not published on the official website of public procurement is a gross violation.

On July 18, 2011, Federal Law No. 223-FZ “On Procurement of Goods, Works, Services certain types legal entities". In law we are talking about enterprises with state participation: about state-owned companies, subjects of natural monopolies, state corporations. It also applies to unitary enterprises, autonomous institutions, business companies with a share of state (municipal) participation of more than 50% and their subsidiaries. Law 223-FZ does not establish restrictions on procurement - procurement can be carried out both in the traditional form and in electronic form, that is, on any electronic trading platforms. The only thing that this law requires is to streamline the conduct of procurement, formally describing the procurement procedure and the forms of procurement procedures used in the Regulation on Procurement, and publish this provision on the website zakupki.gov.ru. In addition, if this site ceases to operate for one reason or another, companies will need to publish all the necessary information on their own sites.

Various commercial closed tenders may not be published on the official public procurement website. Often they are published only on the website of the customer's company, of which there are a huge number on the Internet. However, there are various information aggregators, which include both tenders of the official website and tenders not posted on it.

Bid scams

The purpose of fraud is to ensure the victory of a pre-selected applicant. The fact that the tender is conducted dishonestly can be recognized by a number of characteristic signs:

Notes

Literature

Multifaceted corruption. Identification of vulnerabilities at the level of economic sectors and government controlled= The Many Faces of Corruption: Tracking Vulnerabilities at the Sector Level. - M .: "Alpina Publisher", 2010. - 552 p. - ISBN 978-5-9614-1062-4

Wikimedia Foundation. 2010 .

See what "Tender (bidding)" is in other dictionaries:

tender, auction- TENDER 1. Tender. Competitive form of placing orders for the production of goods and contracts for the performance of certain works. Manufacturers or contractors are invited to put forward proposals, from which the most advantageous is selected. See Competitive… … Dictionary-reference book on economics

Bargaining- (Bidding) Bidding it specific form trade, the result of which is achieved through the holding of a tender or auction Information on the definition of tenders, rules for conducting auctions and contests, including electronic trading with ... ... Encyclopedia of the investor

- (English tender from English tend to serve) an ambiguous term. Economics Tender (auction) is a competitive form of contract bidding. Tender (notice) notice (notice) of the intention to make a physical delivery ... ... Wikipedia

The offer received during the auction. notice upon delivery of goods on the futures exchange. Dictionary financial terms. Tender Tender competitive form of contract bidding; competition of bids submitted by bidders in terms of … Financial vocabulary

1. TENDER [te; de], a; m. [from English. tend to serve] 1. A car of a special design coupled to a steam locomotive and designed to store water, fuel and auxiliary devices. Locomotive t. To transfer coal from the tender ... encyclopedic Dictionary

- (English). 1) special device a wagon immediately following the locomotive, with water and firewood needed for consumption during the journey. 2) a single-masted seaworthy vessel escorting a ship of the line and serving to transmit orders. ... ... Dictionary of foreign words of the Russian language

bargaining- The traditional form of trading, the conclusion of a legal transaction with any person who has offered the most favorable conditions. Public trade shows and the listing of products on the stock exchange are mainly resorted to by state and public institutions. Basically T... Technical Translator's Handbook

English tender A. Written offer, application, offer to subscribe for securities, for trading. B. Notice of intent to deliver goods under a fixed-term contract. C. Offer for the supply of goods, the provision of services in the form of tenders. D. International Bidding… Glossary of business terms

Tender- (eng. tender) 1) bidding in the form of an auction or competition, held, for example, for the purpose of selling goods, distributing orders for construction works, accommodation valuable papers; 2) public written offer, application ... Encyclopedia of Law

- (from English tend to serve) 1) open competitive bidding (open tender) or closed, for a limited number of participants (closed tender), competitive form of order placement; 2) a written offer, an application for a subscription to securities ... ... Economic dictionary eBook

Number by functionality and type of ATMs (ATM):

indoor with function cash withdrawal - 23 pcs.

Placement type: indoor with functions receiving and dispensing cash (not recycling) - 4 pcs.

Placement type: for installation through the wall to the street with the functions of receiving and issuing cash (not recycling) - 1 pc.

Placement type: for installation through the wall to the street with the function of issuing cash in the amount of - 1 pc.

When forming a CP, the following requirements must be taken into account:

1. As part of the sale of an ATM to the Bank, diagnostic tools are transferred that allow diagnosing both the ATM as a whole and each ATM node separately when repairing an ATM or its individual nodes.
The cost of acquiring licenses / tokens / service keys of an engineer should be included in the cost of ATM - 2 pcs.

2. Conducting training for the Bank's engineers in the amount of 5 people, divided into 2 groups (the engineer's level must be sufficient to repair units and assemblies supplied by ATM, as well as to configure the ATM software). The cost of training and all necessary transportation/travel expenses (accommodation in a hotel, travel to the place of training for the Bank's employees) shall be included in the cost of ATM delivery.

3. Provide service documentation containing the decoding of error codes for ATM devices.

4. Provide conditions for the delivery of spare parts for ATMs during the post-warranty period (when ATMs are serviced by the Bank's specialists).

5. Provide SLA for the restoration of ATM performance during the warranty and post-warranty period.

Composition of ATM:

1. Touch screen.

2. EPP and side function keys with raised dot Braille.

3. two video cameras for ATM with the CashOut function (tent and portrait), three video cameras for ATM with the CashIn function (two tent and portrait), with wiring output for connecting a video recorder.

4. The ability to use a screen reader to display all the information displayed on the ATM screen using software speech synthesizers.

5. Implementation of the output of information in audio format through the user's headphones (ensuring the presence of a headphone jack).

6. Ability to re-listen to the information displayed on the screen of the ATM.

7. Ability to display information on the screen in large font

8. Possibility of displaying information on the screen in contrast mode with text output in black letters on a white background or white letters on a black background with a choice of background (positive/negative).

9. Restriction of access of third parties to information on the ATM screen while persons with visual impairments work with it.

10. Support for the NDC protocol (with support for working with the BASE24 software of the Bank's processing center).

11. The cost is indicated taking into account all taxes and delivery to the Tyumen region, KhMAO, Surgut, st. Kukuevitsky, d.19.

12. UPS 750 VA.

13. 4-cassette dispenser.

14. Mechanical protection device against Cash-trapping.

15. Standard dispenser cassettes with latch.

16. Reject-retract cassette with latch.

17. RUS\USD\EUR currency files relevant on the day of the tender.

18. Cash cassettes for receiving cash - two sets.

19. Cash cassettes for cash dispensing - two sets.

20. Cassette rejection - two sets.

21. Receipt thermal printer.

22. 15" LCD display.

23. Anti-peeping polarized film touch screen.

24. Motorized card reader "magnetic stripe down".

25. Contactless card reader.

26. MEI stickers in Russian and Braille.

27. Audio preparation (speakers + headphone jack).

28. System unit PC Core i5 or higher.

29. RAM 8 GB (DDR III RAM).

30. Optical drive.

31. Built-in network card.

32. Network cable.

33. OS MS Prep Win10 2016 V64 bit multi.

34. All system drivers.

35. Delivery with application software for ATM operation.

36. Heating system.

37. Universal key on the false door.

38. Safe 1st class.

39. Anchoring kit

40. Anti-skimming equipment.

41. Shelf for bags.

In times of crisis, the heads of companies are faced with the question of not only retaining the accumulated customer bases, but also attracting new ones. Most The best way– participation in tenders and various electronic auctions and auctions. A step-by-step guide will help a beginner understand this issue. detailed instructions. Within the framework of the article, answers will also be given to such frequently asked questions as what is an EDS, how public procurement is carried out, and also what documents need to be collected in order to participate in ongoing competitions and tenders.

What you need to know about tenders

Basics legal regulation tenders are enshrined in civil law, as well as Federal Law No. 44 of 04/05/2013 in cases where state and municipal authorities 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 works. The purchasing organization acts as the customer. Bidders include legal entities of any organizational form, as well as individuals and individual entrepreneurs duly registered to participate in tenders.

For auctions held by government agencies, all requirements for participants are formulated in law. If commercial organizations act as a customer, then all requirements are formulated in the order itself.

All actions related to the holding of a tender and the fulfillment of the terms of the contract in the future are united by a single term - procurement. Regardless of the objects, which may be goods, works (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:

state - the purchase of goods and services is carried out to meet state needs (customer - government bodies), while its implementation is based solely on Federal Law 44;
commercial - organizations that make purchases for their own needs act as the main customer. Such tenders are held according to the 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:

The sole contractor, as a rule, with an existing monopoly (for example, transportation by rail).
Competitive - based on the choice of a supplier among 2 or more. This method includes:

contests - the winner is selected among the performers according to the best offers and conditions;
auction - the winner is selected based on the lower price offered for the contract;
request for proposals;
quote request.

Competitions can be closed or open, with limited participation or must consist of 2 stages, and auctions can be held as in electronic format(online), as well as in a closed way.

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

Advice. It is best to start bidding with quotations, as 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 participation in tenders for beginners

Any company that is permanently involved in various tenders or auction, as a rule, in its staff has a separate employee specializing in this area. This is due to the fact that the collection of a complete package of documents, the preparation of a quote and the direct search suitable tender takes up a significant amount of time. In addition, there are organizations whose activities are related only to the preparation of tender documentation for their clients.

An analysis of the legislation made it possible to determine the procedure and principles for participation in tenders and auctions both in cases with a state 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 the auction implies not only knowledge of the legislation on tenders, but also the ability to protect one's interests. Since the decision of the customer in favor of a particular supplier is not final and can be appealed to the Federal Antimonopoly Service. If the complaint is upheld, the supplier who won on the basis of the results of the auction may be recognized as violating the antimonopoly law and, as a result, the participant who took second place is recognized as the winner.

Documents for participation in the auction and requirements for them

The collection and proper execution of documents not only allows the customer to study the offer of a potential counterparty and information about it, but also the supplier to increase the chances of concluding the desired contract. The selection of a supplier is carried out precisely on the basis of the submitted documents, so their correct filling is the key to a positive decision on the results of the tender.

The legislator for each of the methods for determining suppliers provides for the submission of a certain package of documents. Participation in an open tender 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 Unified State Register of Legal Entities, respectively, received no later than 1 month and documents confirming the right of a particular employee to submit them;
a commercial offer containing information about the object of procurement and the conditions offered by the potential supplier;
confirmation of the quality of the supplied goods, as well as the services and works provided, confirmed by the relevant certificates and other documents (provided at the request of the customer);
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, a prerequisite is their certification by the signature and seal of an authorized person.

Participation in electronic auction involves a slightly different procedure for submitting information and is due to the general rules for conducting online auctions. All documents are drawn up in electronic form, and contracts are subject to conclusion on specialized online platforms. The application itself consists of 2 parts (Article 66 of the Federal Law):

contains the consent of the contractor for the supply of a specific product, the provision of a certain type of service and may contain a drawing or drawing;
contains information about the contractor, the goods supplied or the services provided.

How to participate in the tender: video

The civil legislation of Russia determines the possibility of concluding contracts through bidding. The essence of the auction is reduced to pre-established conditions for the fulfillment of obligations, according to which the bidders on the principles of competition and equality offer their conditions. The auction organizer identifies the winner among such participants and concludes a deal with him on the proposed and in advance certain conditions. Part 4 of Article 447 of the Civil Code of the Russian Federation establishes the main types of tenders and classifies them as an auction and a tender, which can be both open and closed. But it is also specified that other types and forms of bidding can be established by law. Considering that the satisfaction of state and municipal needs is inevitably associated with the expenditure of budgetary funds, Law 44-FZ establishes additional types tenders, which allow customers to carry out state and municipal purchases as efficiently as possible. Naturally, not all purchases can be made through bidding; in such cases, the purchase is made directly from a single supplier. In all other cases, customers use different classifications and types of trading, which we will consider in detail in this article.

The concept and types of trading in Russia under Law 44-FZ

Law on contract system provides for such types of trades as:

the competition, which in turn is subdivided into an open competition, a competition with limited participation, a two-stage competition, a closed competition, a closed competition with limited participation, a closed two-stage competition;
auctions, which are of two types: electronic auction and closed auction;
quote request,
request for proposals.

From the above, I would like to note that at present the types of electronic trading are presented only electronic auction. In the near future, it is planned to transfer most types of trading to electronic form.

Such a classification and types of bidding significantly expand the customer's ability to make purchases, since, depending on the object of purchase, the customer chooses a form of bidding that will satisfy state or municipal needs to the fullest extent possible. For example, the purchase of the organization of children's recreation and their rehabilitation can be carried out in the form of an open tender, where the main criterion for the participant will not be the price offered by him, but his qualifications. Thus, the risks of determining an unfair winner who can do more harm than good are reduced.

Contest

From the above, it can already be determined that the tender is a form of procurement that is applied to complex and socially important objects of procurement. And it is not without reason that this type of trading contains so many varieties. But their essence is approximately the same, the winner is determined by several criteria, of varying degrees of importance. There are two groups of such criteria, these are cost and non-value criteria. And, in turn, if the group of cost criteria includes only the price of the contract, then the group of non-cost criteria includes the cost of operation and repair, functional, quality, and environmental characteristics, as well as the qualifications of the proposed procurement participants. The customer, at his own discretion, sets at least two criteria (more possible), one of which must be the price of the contract. At the same time, for certain types of procurement, the Government Decree No. 1085 establishes limit values for the significance of such criteria for evaluating bids from participants. The same decree also establishes the procedure for evaluating participants' applications.

Auction

Unlike a tender, in an auction, the winner is determined only by the criterion of the price offered by such a participant. By general rule the winner is the participant who offered the lowest price, if the auction was initially on the decline. But there are exceptions. So if the participants negotiated up to 0.5% of the NMTsK, then in this case, according to Law 44-FZ, the type of auction changes, to increase for the right to conclude a contract. In this case, the winner is the participant who, on the contrary, offered the highest price. And the contract with such a participant is concluded only after he pays this price. Also, if two participants offered the same price, the winner is the participant who made his offer earlier. The advantage of an auction over a competition is that the selection of the winner is much easier, due to this the procedure itself is faster. An important factor in the popularity of auctions under Law 44-FZ in modern Russia is to conduct open auctions only in electronic form. A distinctive feature of this type of tender is that a significant part of the functions for such a purchase is transferred from the customer to the operator electronic platform, where the participants' bids are collected and the bidding procedure itself. This, together with the above factors, makes the types of electronic trading the most popular among customers.

Quote request

This type of auction has collected elements from both the competition and the auction. So, the winner is the participant who offered, as in the auction, the lowest price. But unlike an auction, the form and method of bidding is more like a competition. Applications by participants are submitted in envelopes and contain a price offer. Unlike an auction, participants do not trade in real time and do not evaluate their offer against competitors. A feature of the request for quotations is also the restrictions established by Law 44-FZ. The customer cannot conduct a request for quotations with the NMCC above five hundred thousand rubles. Also, the total amount of such purchases should not exceed ten percent of the total purchases of the customer per year.

Request for proposals

The request for proposals is an innovation of the Law on the contract system, which differs from other types of tenders in that the participants offer their proposals, which are disclosed by the customer at the designated time. After that, the participants have the right to submit their final offer within one day. Thus, this method of procurement is very similar to the request for quotations, only in it the participants see the offers of their competitors and can change their final offer taking into account this information. At the same time, the request for proposals has no restrictions on the request for quotations, but this species bidding can only in cases strictly defined by law.

Other types of trading

Not only state and municipal customers carry out their purchases through tenders. This method of concluding a contract is also very common among commercial organizations, because it allows you to identify the most successful business partners. Also, customers who carry out their purchases in accordance with Law 223-FZ are free to independently determine the types and forms of bidding, which has given rise to completely different types of bidding, sometimes very exotic. But General requirements to the types of trades are primarily determined Civil Code RF, where it is fixed that the auctions can be open and closed. This classification is determined by the degree of admission of participants to them. And if anyone who meets the established requirements can take part in open bidding, then only participants determined by the customer are involved in closed bidding.

Having considered the concept and types of trading, I would like to additionally note that their diversity is not limited to those discussed in this article, but the main and key species trades in Russia, we covered in detail.