Participation in public procurement is becoming increasingly popular. Large companies, small and medium business, individual entrepreneurs, individuals become public procurement providers. The customer and suppliers participate in public procurement. The customer is federal and municipal institution which purchases goods, works or services for its needs with funds allocated from the state budget. You can become a supplier by winning a tender. A tender is an electronic procedure for selecting a supplier of goods (services) or a work contractor. Of the suppliers admitted to the selection procedure, the one who offers the lowest price wins.
Tenders have entered the Russian practice of public procurement and municipal procurement from world trade, where clear rules and procedures have been developed. As competitive procedures, tenders are convenient for the state to control budgetary funds. They allow officials to report to the state why a particular supplier of goods or services was chosen. The tendering system was conceived in order to exclude collusion between the customer and the supplier and to ensure competitive environment- the basis of market relations.
What benefits does the supplier receive? The winner of the tender purchases an order with a guaranteed amount of payment. Winning the tender means becoming a leader in your market segment, ensuring the company's sustainable growth. Participation and victory in the tender for manufacturers and suppliers is an impetus for further business development, because the company receives an impressive order for its products, which can amount to several million rubles.
Public procurement is carried out in accordance with federal law No. 44-FZ. State corporations, subjects of natural monopolies, business companies, With state participation in the amount of more than 50%, as well as some other organizations, are required to make purchases in accordance with Federal Law No. 223-FZ. These purchases are also classified as state purchases, sometimes they are called corporate purchases.
All purchases in accordance with the laws 44-FZ and 223-FZ are published in the open Unified information system(EIS).
Instructions for the supplier
How to prepare
A package of documents for participation in public procurement is formed approximately within 20 days. The period allotted for the submission of applications by participants is even less. For preparation, it is better to develop an action plan in advance for the company's participation in procurement, set the deadlines for their implementation and the circle of responsible persons. The study of the documentation of several purchases of interest published in the open Unified Information System (EIS) will help to understand the issue.
STEP 1. Studying 44-FZ
Let's say right away that 44-FZ cannot be called an easy law to study, and yet it is necessary to make an effort and carefully study the supplier selection procedure prescribed by 44-FZ - this is a kind of algorithm of what, in what time frame and how a public procurement participant needs to do.
STEP 2. Choosing an electronic platform
It is necessary to choose an electronic platform for participation in an electronic auction from 8 electronic trading th sites selected by the government of the Russian Federation for holding electronic auctions. From October 1, 2018, the electronic platforms "TEK-Torg" and "Electronic trading floor GPB". The list of electronic platforms includes the following:
1. JSC "Agency for the State Order of the Republic of Tatarstan";
2. JSC "Unified electronic trading platform";
3. JSC "Russian Auction House";
4. JSC "TEK - Torg";
5. JSC "Electronic trading systems";
6. CJSC Sberbank - Automated system trading";
7.LLC "RTS - tender"; LLC Electronic Trading Platform GPB;
8. CJSC "Automated System of Bidding of the State Defense Order" - a special platform for state orders.
STEP 3. Obtaining a digital signature
An electronic digital signature allows you to assign a legal status to an electronic document, equivalent to the legal status of a regular document, which bears the signature of an authorized person and the seal of the organization.
Obtaining procedure digital signature(EDS) is carried out in one of the Authorized certification centers included in the trust space of the selected site. It takes 2 to 5 business days. The list of certification centers can be found on the website of the selected electronic platform. It will be necessary to obtain a certificate at the office of the certification center, so the choice should be made in favor of a nearby certification center.
ES certificates obtained from Authorized Certification Centers are suitable for use on all Electronic Trading Sites selected for the purpose of holding electronic auctions for state and municipal needs, as well as on sites operating within the framework of Law No. 223 FZ on procurement of state corporations and natural monopolies.
You can contact the call center of the Association of Electronic Trading Platforms to find the nearest EDS issuing point.
To do this, you need to fill out a registration card or call the federal multi-channel telephone 8-800-2000-100.
STEP 4. Document preparation
The participant sends to the ETP operator the information specified in Part 2 of Art. 61 44-FZ, namely:
For individuals: statement, which is formed in in electronic format; 1-20 pages of the passport (only for individuals); E-mail address.
Individual entrepreneurs in addition to this, they provide: a copy of an extract from the Unified State Register (it must be received no earlier than 6 months before the date of the request); TIN; a power of attorney to obtain registration and perform actions if another person acts on behalf of the procurement participant.
For a legal entity in addition to all the previous paragraphs: copies of constituent documents (charter or contract, depending on the legal form); copies of documents confirming the authority of the person (decision on the appointment of the head to the position); decision on the approval and execution of transactions with an indication of its maximum amount.
The required documents must be translated into electronic format (scanned). Sites set certain requirements for them: volume up to 12 megabytes; valid formats are .doc, .docx, .pdf, .txt, .rtf, .zip, .rar, xls, xlsx, xps, jpeg, .jpg, .gif, .png.
STEP 5. Installing the required software
Installation can be performed both on your own and by the specialists of the certification center.
To successfully complete the registration procedure, you must configure a personal computer. The setup algorithm is simple:
1.Install Internet Explorer 11 or higher browser.
2.Download and run the Program to set up the correct operation on the ETP.
3. Install any of the crypto providers: Crypto-Pro 3.6 or higher, LISSI 1.3.6, Signal-COM.
4.Install the certificate electronic signature, which was issued to you by the certification center upon receipt of the EDS.
5. Set up the digital signature.
STEP 6. ETP accreditation
The accreditation process for the ETP is free of charge if you have an EDS certificate obtained from an accredited certification center. If a supplier seriously intends to make money on government contracts, then it is advisable to be accredited at all ETPs. This is due to the fact that purchases are not duplicated. An auction can only be held at one site. To apply for participation in the procurement, you need to obtain admission to the ETP where it is held.
The term for consideration of an application for accreditation is no more than five working days. When the operator of the electronic site makes a decision to refuse accreditation, the participant in the placement of the order, after the elimination of these comments, has the right to re-send an application for accreditation. Accreditation is granted for three years.
STEP 7. Bid Search and Application
Purchases under No. 44-FZ are posted on our website. Using the "Advanced Search" service, you can find tenders of interest by such criteria as the region of delivery, the range of the initial price of the application, the name of the customer. It is important to carefully study the requirements of the procurement documentation and correctly submit an application.
STEP 8. Collateral deposit
Entry of Security Law on contract system(Article 44 No. 44-FZ) obliges the customer to set the amount of security for bids during auctions. These funds confirm the seriousness of the intention to participate in the procedure and conclude a contract. The participant transfers them to his personal account, which opens simultaneously with accreditation on the electronic trading platform (ETP).
The supply of applications has become less. And in the purchase of up to 1 million rubles. it may not exist at all. In purchases more expensive, the application security will be as follows:
From 0.5 to 1%, if the NMC is from 1 million to 20 million rubles,
. from 0.5 to 5%, if the NMC is from 20 million rubles,
. 2%, if the NMC is from 20 million and there are preferences for the penal system and organizations of the disabled.
Thus, to participate in the auction, you must have the required amount on the site. At the time of sending the offer, the security amount is blocked. However, this does not mean that you can participate in only one procedure. The participant himself decides how much money is in his account. And only their total volume limits the number of auctions for which bids can be submitted. The main thing is that there is enough money to provide for everyone. Please note that the amount is blocked, but not spent. The opportunity to use the blocked money is resumed when the offer is withdrawn, the admission to participate in the procurement is denied, after summing up.
Only 173 banks can issue guarantees for public procurement. The website of the Ministry of Finance published an updated list of banks that have the right to issue bank guarantees to secure applications and fulfill contracts under 44-FZ.
STEP 9. Electronic bidding procedure
The duration of this stage can last from several minutes to 48 hours. Each participant must provide in advance the approximate cost of their services or goods, up to which he is ready to bargain.
STEP 10. Signing the contract
The winner of the auction is the participant who submitted a proposal that meets the requirements of the tender documentation and offered Better conditions.
STEP 11. Acceptance of performance of the contract
Acceptance of the execution of a contract under 44-FZ is carried out in accordance with the rules and terms specified in the contract (clause 13, article 34 of 44-FZ). Now customers are required to involve external experts in the acceptance of goods or work under a contract concluded in accordance with clauses 25.1-25.3 of part 1 of Art. 93 44-FZ. If you become the winner of such a purchase, be careful and comply with all the terms of the contract. To the little things that the customer may not pay attention to in order to quickly accept the desired product, the external commission may express its refusal. Based on the results, an acceptance certificate is signed or a reasoned refusal is drawn up.
What advice would be useful to a newcomer who wants to participate in tenders?
1. master the production of demanded, socially significant goods;
2. start preparing for participation in tenders by studying the legislation on public procurement;
3. improve your technical training to work on electronic trading;
4. prepare financial security to participate in public procurement;
5. carefully study the tender documentation of customer companies;
6. Get it right Required documents.
The standard tender procedure implies the holding of a competitive event. The term "tender" itself refers to the process of a reverse auction, where there is a buyer for a certain product, work or service. Several sellers can directly participate in the auction at once.
Legislation Russian Federation allows you to use the following trading options:
- specialized closed,
- two-stage,
- quote request,
- purchasing from a single source.
The main method of public procurement is a tender. It is a certain way of issuing an order for the supply of goods, carrying out various works or providing specific services. All these works must be announced in advance, taking into account the tender documentation, where all the conditions are prescribed, including the final deadlines, built on the principle of competitiveness, efficiency and fairness.
All public contracts are drawn up and signed with the winner of the tender or the bidder who submitted the offer. It must meet all the requirements of the tender documents, which contain optimal and acceptable conditions.
Tender scheme
It is an easy procedure. During the auction, the participant must announce the starting price for the object and the volume of the price increase. When bidders increase the starting price of an item, they cannot bid lower than the bidder's. The person who offers the highest bid is announced with the help of an auctioneer. He must loudly announce the last highest bid three times, and if during this time no one has offered other options, he announces the winner. The tender is considered closed if at least two participants raised their rates.
The procurement procedure of the tender is carried out in accordance with the current legislation of the Russian Federation. It can be carried out in several basic forms. The entire responsibility for the application and selection is assumed by a member of the tender committee on the part of the customer.
The tender procedure plays a major role in open tendering. The name of such a competition suggests that absolutely anyone can apply for participation.
Acceptance and processing of received proposals begins from the moment the official printed edition. It contains all the necessary information about the customer, brief characteristics subject of procurement, indication of the place, as well as the date of issue tender documentation. The date and place of disclosure of all applications can also be indicated here. All proposals are accepted by a specially created commission in writing. If necessary, applications may be accompanied by documents showing bank collateral.
The pre-documentation procedure may be needed when it is required to determine the level of compliance of all bidders with eligibility requirements.
Among representatives of various organizations and enterprises, one can increasingly hear about such a term as "tender". However, few people know that it is this set of measures that helps some companies to look for other contractors with maximum benefit for themselves. We will tell you more about what a tender is and about all the nuances of its conduct in our article.
Brief background about the tender
About such a concept as a "tender" for the first time they started talking in America during the end of the Second World War. It was the Americans who came up with the idea to develop a system of tenders. A certain share in this was played by the fight against corruption. As it turned out, a lot of money ended up in the pockets of dishonest officials and was not used at all for the needs of the public.
In Russia, they learned about what a tender is a little later, closer to the harsh 90s. However, most business leaders did not seek to take advantage of successful innovations, since they had not yet had time to really understand everything.
In addition, at that time, the spirit of nationalization reigned in the cities and prevented them from understanding the essence of the issue. But time put everything in its place, and they started talking about tenders in earnest. So what is it and what can it be used for?
"Hu from hu", or what constitutes a tender
What is a tender can be learned from the literal interpretation of this word. From English "tender" is translated as "bargaining" or "competition". In other words, this concept implies a kind of conditional competition between suppliers of goods and services in order to attract the most promising customers. Moreover, this competitive fight takes place in accordance with the rules specified in the regulations of the company organizing it.
Several features of the tender
Like any competition or event related to bidding, the tender has a number of its own characteristics. For example, all information relating to a particular financial event, as a rule, is in the public domain and is as transparent as possible. Only the participant who, in the opinion of the customer, provided the most attractive services or profitable goods, can win in such a peculiar competition.
In turn, private or state-owned companies that are interested in the tender can act as the organizer of the tender. Unlike a commercial structure, state organizations organize the event at the expense of the budget, and not at the expense of sponsors.
To participate in the auction, you must submit an application for consideration by a special competitive commission. And, finally, this action has its own standard, consisting of three parts: an auction, a tender, and a request for quotations.
Where can auctions take place?
Most trades are usually carried out on special virtual platforms. At the same time, their choice depends on the type of activity, needs and experience of the future participant who wants to win the tender. The electronic trading platform, in turn, serves as a starting point for organizers and suppliers of services and goods.
On the expanses of this Internet resource, which actually acts as an intermediary between the seller and the customer, specialized electronic auctions are held, online transactions are carried out and full-fledged training for beginners is carried out. A prime example is the RTS platform.
RTS-platform: what, where and how?
"RTS-tender" is an electronic trading platform that has existed since 2010 and allows you to make purchases for the needs of the municipal and state importance. According to its regulations, the following persons are involved in the auction:
- customers;
- site operators;
- representatives of the specialized authorized body authorities;
- service and product providers;
- independent registrars;
- representatives of regulatory and inspection bodies;
- certification center staff.
"RTS-tender" (electronic platforms of this type belong to platforms of federal significance) contains separate tabs on the rules of bidding, gives advice to beginners and provides a range of services for customers and performers.
For example, buyers on the portal are offered full legislative framework related to trading, allow you to use analytics to monitor all e-procurement by region.
For sellers, the RTS-tender platform gives them the opportunity to get accredited and find a suitable customer. By the way, the customers themselves are provided with a free verification of the supplier immediately after they go through the registration procedure and place an application for the organization of tenders. At the same time, they have the opportunity to track the status of a possible counterparty throughout the tender.
How does tender lending work?
In addition, the site has tender lending, which allows the customer to participate in a large number of auctions, which increases his chances of winning the auction. To apply for it, you just need to enter the page of the auction you are interested in and click on the link "Application for a loan".
After that, the RTS-tender portal will automatically redirect you to your Personal Area to fill in the required electronic form and secure it with a virtual seal.
How is bidding carried out?
Before the tender itself, a number of preparatory activities take place to help protect all bidders. In particular, the client company collects an independent commission, whose members have necessary knowledge to analyze the subject or object participating in the tender. They help to control all stages of the auction.
Further, information about the upcoming auction, taking into account the package of documents required for participation, appears in the media and on electronic platforms. At the same time, all comers submit applications, each of which is considered and entered into a single list of participants and a special journal. After that, all potential applicants are registered and their proposals are considered. Based on the results of the auction, the winner is announced, whose name also falls into public sources.
What documents are needed to participate?
To participate in the tender, you must provide the following documents:
- an application and a questionnaire indicating basic information about the service provider or seller;
- offer;
- an explanatory note (as a rule, calculations are made in it and deadlines are indicated);
- lists of possible subcontractors necessary for the further implementation of the contract.
What documents are provided for the customer?
When participating in a tender, the customer must provide commercial and technical documentation. In this case, in the first case, he must comply with the following points:
- describe the bidding object itself;
- provide detailed information about the requirements for applicants;
- describe the terms of the future contract;
- provide all participants with an open information card;
- indicate the procedure for submitting bids for bidding.
In the second case, the customer describes the cost that suits him, the payment schedule, payment details and proposed financing options.
What types of tenders are there?
Conventionally, tenders can be divided into five types:
- open type;
- closed type;
- two-level;
- tenders involving the request for price quotations;
- tenders involving bidding with purchases only from sole supplier goods and services.
Opening of the auction: what is it?
Open tenders involve the participation of all interested suppliers and are distinguished by healthy competition, openness and the most transparent conditions. Details and conditions of the competition can be found in the press and the Internet. Also detailed information the time of the event, the participants and the rules for submitting applications can be obtained from the virtual tender platform (the electronic platform where the tenders are held).
What is a closed bidding type?
Closed bidding provides for the participation of a strictly limited number of participating companies that own a specific license. Such a competition, as a rule, is held when it is necessary to sell or order specific products or services. For example, a closed tender is relevant during public procurement of products necessary for the needs of the defense industry.
What is a two-stage tender and request for quotation?
Two-stage tenders involve the organization of complex purchases or the resolution of specific technical issues. And, based on the name, such auctions consist of two stages: first, basic bids are submitted without specifying details, made on the basis of a primary task from the customer; then, the application is resubmitted, but taking into account specific prices, terms and schedules.
When requesting quotations, the customer, as a rule, selects suppliers based on their identical features. For example, he can choose between several firms providing clearing services. The winner in such a tender is the supplier offering its service at the lowest price.
When is it possible to purchase goods and services from one seller?
Procurement of goods and services from one supplier is possible in such situations:
- when the seller is an exclusive representative (monopolist);
- in case of refusal of other participants of the auction;
- in case of exclusion from trading of all bids, except for one.
Unlike other types of tenders, in this case there are no auctions. If there is only one supplier, a simplified system of making a deal occurs, ending only with the signing of a contract by both parties.
Now you know exactly what a tender is.
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 apply different classification and types of trades, which we will consider in detail in this article.
The concept and types of trading in Russia under Law 44-FZ
The law on the contract system provides for such types of tenders as:
- 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.
Competition
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 bidding is that a significant part of the functions for conducting such a purchase is transferred from the customer to the operator of the electronic platform, where the participants' bids are collected and the bidding procedure itself takes place. 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.
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