Procurement rules. Participation in tenders: step-by-step instructions, necessary documents, conditions. What is a competition and auction

An overview article to learn how to become a public procurement provider and how to make a decision and take action. The first step is to understand what public procurement is and what it takes to bid.

Industrial, trading companies and organizations providing services understand that winning a government tender allows you to bring your business to a qualitatively new level. Not just to make a profit for the executed order at once, but to confirm your high and reliable business reputation. And it, in turn, ensures a positive attitude of partners and customers, trust in the company and confidence in the positive results of cooperation. So, to strengthening the position of such a company in the market.

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How to start bidding?

In order to apply and take part in the auction, you must prepare in advance all the documents confirming your compliance with the requirements of the law. Study the documentation of a specific purchase and prepare documents that will convince the customer that your product (work, service) fully meets its requirements. Work in the field of state order requires a systematic approach. Therefore, in order to avoid organizational failures, it is advisable for the participant to determine in advance for his company a list of activities that need to be carried out, as well as their sequence, timing and responsible persons.

At the same time, in addition to the deadlines established by law, it is also necessary to take into account the actual deadlines required for the preparation of certain documents. Participation must be planned well in advance. In practice, the preparation of a package of documents for participation in a public tender can take up to 20 calendar days(depending on the conditions of the procurement procedure). And the application deadline may be shorter.

Here is an excerpt from the webinar:

How to draw up an envelope for participation in the competition

Some participants are interested in: "What information should be contained on the envelope of the tender documentation?" - On the envelope, it is necessary to indicate the details of the customer to whom the envelope is sent. The participant does not write his contact details on the envelope. They must be contained together with the rest of the documentation inside the envelope - a separate procedure for opening envelopes is provided (the principle of anonymity is respected).

Issues of attracting experts

If the purchase is from sole supplier, then according to Art. 94 No. 44-FZ, the customer engages experts or expert organizations to conduct an examination of a product, work, service, when:

• assessment of the tender documentation and applications, as well as the compliance of the tender participants with the additional requirements of the customer - as part of the pre-qualification selection of tender participants;
• acceptance of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the execution of the contract.

When accepting, the expert must evaluate the results of the execution of the contract presented by the contractor for compliance with its conditions.

Most often, the customer decides to involve an expert, an expert organization at his own discretion, but in some cases their participation in the acceptance is mandatory. These include the following cases of procurement from a single supplier:

• purchase from a contractor determined by a decree or order of the President of the Russian Federation, a decree or order of the Government of the Russian Federation;
• performance of work on mobilization preparation in the Russian Federation;
• purchase of Russian weapons and military equipment, which have no Russian analogues;
• procurement of emergency services;
• supply of cultural property to replenish state funds;
• purchase of goods, work, services from institutions and enterprises of the penitentiary system in accordance with the list approved by the Government of the Russian Federation and the conclusion of contracts for the purpose of employment of convicts;
• purchase of works of literature and art, performances, phonograms from a person who owns exclusive rights to them;
• procurement of services for organizing participation in an event held for the needs of several customers;
• purchase of services for technical and architectural supervision;
• procurement of services related to the provision of visits of representatives of foreign states;
• procurement to ensure the operation of state protection facilities;
• conclusion of a contract after the determination of the supplier (contractor, performer) has been declared invalid;
• purchase medicines for appointment to the patient in the presence of medical indications by decision of the medical commission.

To involve an expert or an expert organization in the procurement, the customer needs to select them and conclude a contract with them. It is better to conclude a contract in advance, because. it takes time to select an expert, an expert organization and conclude a contract. In practice, this can take from two weeks to three months.

An individual may act as an expert, including individual entrepreneur who has special knowledge, experience, qualifications in the field of science, technology, art or craft (clause 15, article 3 44-FZ).

A legal entity acts as an expert organization. Employees of a legal entity must have special knowledge, experience, qualifications in the field of science, technology, art or craft.

We recommend the remote online course "". Vocational retraining, 256 ac.hours Experts carry out activities on the basis of a contract to study and evaluate the subject of expertise, as well as to prepare expert opinions on issues raised by the customer, procurement participant.

But not every person with such knowledge, experience, qualifications can be attracted by the customer as an expert, an expert organization.

Part 2 of Article 41 of Law No. 44-FZ defines a list of persons who cannot be involved in the examination. These include persons with the help of which the customer or supplier can directly and (or) indirectly influence the result of the examination, in particular:

• persons who are or have been within two years preceding the date of the examination, officials or employees of the customer or supplier;
• persons having property interests in the conclusion of the contract, in respect of which the examination is being carried out;
• close relatives, adoptive parents or adoptees of the head of the customer, members of the procurement commission, head contract service, contract manager, officials or employees of the supplier or persons married to them;
• legal entities in which the customer or supplier has the right to dispose of more than 20% of the total number of votes or more than 20% of deposits, shares.

An expert or an expert organization is obliged to notify the customer and supplier in writing about the admissibility of their participation in the examination and the absence of grounds for not allowing it to be carried out (here the law does not specify what kind of evidence the expert must provide).

This is the purchase by the state of goods, works or services.

Public procurement is the same market for goods and services with one caveat: the buyers are state, regional and municipal enterprises and organizations. They also need regular paper clips and pencils, medications, office furniture or their own website. They need to maintain and restore buildings, take out the trash and lay the Internet and telephony.

Simply put, public procurement exists in any area and in any region. They are interesting for business, because the state is a good partner. A supplier can be a legal entity, an individual entrepreneur or an individual. Money for public procurement is included in the budget, so you are guaranteed to be paid for the goods delivered or the service performed.

Why participate in public procurement?

This is a good market.

State organizations are a significant part of our economy. According to the FAS, the share of the state in Russia's GDP has doubled in 10 years. In 2005, it was 35%, and in 2015 - 70%.

In addition, it raises the level of trust in your company and has a good effect on the reputation. Therefore, one should not lose sight of such a significant layer of the economy.

I don't understand anything about public procurement. How to participate in them?

Public procurements come in different sizes. If the cost of purchases is more than 100 thousand rubles, information about them is posted on the website zakupki.gov.ru. You look for a suitable competition, submit an application and participate in an electronic auction. This is not such an easy process, but if you want to compete for a significant part of the market, then you should understand this. The main thing is to be patient.

There is an easier way to participate in public procurement, without tenders and auctions. It is of interest to small and medium-sized businesses due to the simplified participation procedure and small amounts of contracts. It looks like this: you offer your product or service government agency, and it selects a supplier and concludes a contract.

Such a procurement option is possible if their cost does not exceed 100 thousand rubles (or 400 thousand rubles if the purchase is made educational organizations or cultural institutions: zoos, planetariums, parks of culture and recreation, theaters, philharmonic societies, libraries, and so on). Such purchases are called small volume purchases.

How to participate in small volume purchases?

The fact is that, according to No. 44-FZ, which regulates public procurement, information on small-scale procurement can not be published anywhere. It is believed that they are insignificant and it is not advisable to hold auctions because of such amounts. Therefore, state customers usually look for goods without competition (often choosing not the most profitable offer and spending budget money inefficiently), and entrepreneurs cannot offer their services.

Moscow took a different path. To save the budget and attract small and medium business to public procurement, the city leadership has created a single supplier portal. No government or municipal institution Moscow cannot conclude a contract for small volume purchases without going through the site. To use an analogy, you cannot buy bread without going to the store to get it.

The Moscow Supplier Portal is focused specifically on small-volume purchases up to 100 thousand rubles (or 400 thousand rubles if the purchase is made by cultural institutions or educational organizations). In addition, the portal hosts non-competitive purchases of medicines by decisions of medical commissions.

And what is the Moscow supplier portal?

This is an Internet platform where the city posts information on small-scale purchases and provides small businesses with access to the market for goods and services with a turnover of about 20 billion rubles a year.

Individual entrepreneurs and small businesses participate in public procurement in Moscow without auctions and unnecessary troubles. Anyone can place an offer on the portal, and city customers (more than 2.5 thousand of them) choose the best offer. In fact, this is a store where you place your goods or services, offering them to the state.

Public procurement on the site takes place in in electronic format. View orders and offer your services to state and municipal organizations and institutions without leaving your home.

The feature of the portal is that all procurement data is open and everything is transparent. You can see:

• Procurement plans of government agencies and institutions for the coming year (in the "Plans" section).
• Offers and prices of competitors (in the "Offers" section).
• Transaction history for each registered supplier or customer (in the Purchasing section).
• Concluded contracts (in the "Contracts" section).

In the field of public procurement of small volume, clear and understandable rules have appeared that any entrepreneur can study. The chance of getting a government order in such a system is much higher: you study the market and offer the best way from those available. At the same time, you do not reduce the price below the market price, do not work at a loss, but sell a product or service at a fair price.

It's just the appearance of honest purchases, isn't it?

No, purchases are carried out honestly, without acquaintances and blasphemy. 93% of entrepreneurs registered on the website received government orders and became suppliers.

Honesty is achieved through transparency, openness, electronic document management and understandable procedures. Just for this, all data on previous contracts is open on the portal. Everything can be traced and, if something is dishonest, contact the FAS. Violations are fraught with heavy fines and criminal liability.

This is a cool solution for public procurement, which is used in the EU and other countries developed countries. For example, the top five leading countries in the Corruption Perceptions Index in 2016 included Denmark, New Zealand, Finland, Sweden and Switzerland, which follow similar principles in public procurement.

If you still don’t believe in the honesty of procurement on the portal, the numbers speak for themselves: in 2016, Moscow saved about 37 billion rubles on public procurement, leading the National Procurement Transparency Rating.

Convinced. How to become a supplier?

To become a supplier, you need to follow a few steps.

Public procurement can be:

• electronic and paper. The first are the absolute majority, only a few remain paper certain types procurement;
• closed and open. In the first case, a limited number of participants can participate in the auction. In the second - all comers;
• competitive and non-competitive. The first method involves the selection of a supplier on a competitive basis. The second is a purchase from a specific contractor. The customer sends an offer to a certain company and purchases its services or products. The procedure and rules for participating in such purchases are established by 44-FZ.

Consider the types of trades in more detail.

Competition

Competition is one of the main types of bidding, in which the participant who offers the most suitable conditions for the customer wins.

The subject of an open tender can be almost any object of procurement that is not prohibited by the current legislation. Closed competitions are held for objects that are state secrets.

When submitting an application, the entrepreneur must reflect in it information that relates to both the participant himself and the object of procurement (the application consists of two corresponding parts). For each competition, the participant can submit only one application.

He can also withdraw it, if necessary, before the day of consideration of applications. If only one entry is submitted on that date, the participant will be deemed the winner. If not a single application has been received, the competition is declared invalid.

Determining the winner, the customer considers the applications of candidates. The following criteria can be evaluated:

• features and characteristics of products or services;
• costs associated with their consumption, operation of goods;
• terms of delivery or provision of services;
• warranty period and conditions for its provision;
• other features.

Auction

State auctions are a very popular type of competitive procurement, they are open and closed, the principles are the same as those of competitions. The winner is the participant who offered the most favorable price, all other things being equal.

The participant makes a bid, reducing the initial price set by the customer. Cost reduction step - 0.5-5%. The bidder cannot submit an equal or lower value than the previous offer or a price equal to zero.

The interval between participants' bets is 10 minutes. If a new offer is not received, the winner is the participant who made the previous bid. If bids are made every 10 minutes or more, the auction will last until the deadline for submitting bids.

The procedure most in demand today is electronic public procurement auctions, which take place on specialized platforms (ETPs), which we will discuss below.

Participants interact via the Internet through the ETP operator, hardware and software, thereby reducing the risk of impact on the customer and other negative factors, achieving a higher level of security of interaction and transfer of confidential data.

Quote request

Request for quotations is a request by the customer for prices from an unlimited number of participants. The winner is the company or individual who offers the most low price and meets all the requirements stated by the customer in the notice.

The decision on the winner is made by the quotation commission. There are situations in which she rejects all applications of participants. In this case, the auction is declared invalid.

Request for proposals

This type of bidding is similar to a request for quotations, but if the customer finds out prices when requesting quotations, then when requesting proposals, he is interested in the conditions for fulfilling the order.

And the participant who offered the most attractive one becomes the winner. The request can also be sent to an unlimited circle of persons and business entities.

Public procurement for start-up suppliers

Participation in public procurement is an attractive prospect for most business areas.

A manufacturing, trading enterprise that sells products or a company that provides services realizes the value of participating in government auctions and competitions, because they understand that this will help bring their business to perfection. new stage development.

This is not only a chance to get a contract from a well-known customer for a large amount, but also an opportunity to strengthen your position in the market and the image of a reliable supplier.

Public procurement is a great way to increase the loyalty of partners, customers, investors to your brand. This is an important indicator of reliability and in most cases a guarantee of a positive result of cooperation if the contractor fulfills his obligations in good faith and in full.

All this will help the company to strengthen its position in its niche. But the main thing is that participation in state auctions and competitions allows you to reliably and permanent basis get lucrative contracts.

Who can participate in public procurement

Public procurement participants can be legal entities, individuals and individual entrepreneurs that meet the following requirements:

1. The participant must not be subject to bankruptcy proceedings;
2. The activities of a business entity should not be suspended;
3. A participant cannot have debts for all mandatory payments, including taxes, exceeding 25% of its own assets;
4. At the head or the IP itself, individual there must be no unexpunged or outstanding conviction for economic crimes;
5. For items intellectual property the participant must have exclusive rights;
6. The participant must not have family ties with the customer, as well as other conflicts of interest;
7. The participant must have permits for the activities that he carries out to implement the subject of the procurement.

Also, the customer has the right to demand from the participant that he:

• Was not in the register of dishonest participants (RNP);
• Had the equipment, sufficient material and financial resources to fulfill the order;
• Had sufficient experience and due reputation in the area of ​​interest to the organizer;
• He had a sufficient number of qualified employees to fulfill the order.

The customer has the right to request documentary evidence of the supplier's compliance with all these or individual requirements. He can also put forward any additional requirements for the supplier.

The supplier has a counter obligation to submit bids that meet the requirements of the tender. If the proposal does not correspond to the subject of the purchase, it will inevitably be rejected by the customer.

To prevent this from happening to you, carefully study the documents for the purchase. If it is not enough and you still have questions, you can contact the customer for additional clarifications.

How to bid

In order to participate in the auction and submit applications, it is necessary to prepare in advance a list of necessary documents, including those that will serve as confirmation of the compliance of the supplier's products or services with the requirements of the customer.

To participate in the auction, it is necessary to foresee everything that may be required in the process. So, in addition to the legally regulated deadlines, it is also necessary to take into account the actual terms that go into the actual preparation of documents.

Therefore, you should plan your participation in the auction in advance. In fact, the preparation of documents can take up to 20 days. It depends on the conditions specified in the procurement procedure.

What documents are needed to participate

In order for an entrepreneur, organization or individual to participate in procurement, you should first prepare the necessary list of documents:

• Application for participation signed by an authorized person;
• Description of the documents attached to the application;
• Information about the participant (registration certificate, constituent documentation, etc.);
• Extract from the register;
• Documents that confirm the absence of debt on mandatory payments (certificates, reconciliations, etc.);
• Authorizing documents for key executives (orders, decisions, protocols);
• Documentation confirming all the declared information by the procurement participant;
• Receipts, invoices for making security applications.

An exhaustive list of documents from the participant is established by the conditions and tender documentation published by the customer.

Where are public procurements held?

Electronic public procurement auctions and other auctions are held on specialized trading platforms (ETP).

Today, there are 8 trading operators officially approved by the state to work under 44-FZ. .

You also need to prepare and submit documents once. After registration, accreditation will be received at all venues automatically.

Such innovations in 44-FZ have significantly simplified the procedure for obtaining accreditation. Since the beginning of 2020, this is a mandatory rule for participation in procurement; it will not be possible to use accreditation in the old way.

EIS and its possibilities

EIS is not only a convenient tool for working with bidding operators. It contains all the necessary important information about public procurement.

Here customers post:

• purchase plan;
• tender documentation;
• notices;
• information about already implemented contracts.

Here, on an ongoing basis, data is entered into registers, including RNP - a register of unscrupulous suppliers. Also in the EIS is placed great amount educational materials, actual changes and innovations in the current legislation and other important information.

In the UIS, you can find public procurement by:

• PP RF 615;
• 94-FZ (archive).

All purchases can be sorted by a variety of criteria and only the most suitable ones can be viewed: by type of activity, price, purchase name, product, work, region.

Most of the tenders today are held in electronic format: electronic state auctions, competitions, open requests for quotations and proposals. On paper, only some of the closed trades are held.

In the procurement documentation, the customer indicates on which ETP the electronic auction or other public procurement will be held. The application must be submitted directly to the ETP.

Who has more chances in public procurement

Access to the public procurement market is available to individuals and legal entities, individual entrepreneurs, residents and non-residents. Each registration form has its own advantages and disadvantages in terms of participation in tenders.

In fact, participation in IP tenders is no less profitable than LLC. And now we will tell you why.

Features of the participation of individual entrepreneurs, self-employed and individuals in public procurement

Procurement legislation gives individual entrepreneurs and individuals a unique chance to work with government customers and be recognizable among them, except for the state defense order section - here an individual entrepreneur can only be a co-executor. But, embarking on such a path, the entrepreneur must know what awaits him and what is the responsibility for violating his obligations.

An individual entrepreneur or natural person, participating in public procurement, is liable for his obligations with all his property in full. Therefore, in the event of unforeseen situations, fines and penalties are borne directly by the individual entrepreneur / individual.

Thanks to EIS and electronic form document management, EDS, an entrepreneur does not have to rent an office, spend money on trips to the customer, if there is a territorial remoteness.

Most of the time, you don't need to actively interact with the customer. And, therefore, entrepreneurs do not need managers who are in touch 24 hours a day and are ready to discuss the project, especially if the regions of the customer and the contractor have a big time difference.

The first time after entering the market, experienced large customers will be suspicious of individual entrepreneurs. And this is not surprising, because while the IP does not have a reputation and experience in procurement, implemented government orders, it is not clear to them who is in front of them: a promising newcomer or another scammer.

Benefits of participation in public procurement for an individual entrepreneur, self-employed or private person:

• individual entrepreneurs have less reporting, taxes for the implemented state order;
• due to personal responsibility, an individual entrepreneur with extensive experience in his type of activity and good turnover can get a loan from a bank to make an application security easier than an LLC;
• Individual entrepreneurs do not need to submit some documents that are required to be provided to legal entities. This is a plus not only in terms of saving time and less paperwork, but because the fewer papers, the less likely it is to make a mistake;
• The IP disposes of the received profit at its own discretion.

For an LLC, the opposite is true: liability is limited authorized capital. LLC papers will have to be attached more, and the legal address is an integral activity of the company. It is not so convenient to dispose of profit, additional expenses arise. And if the LLC was opened recently, then customers will trust it no more than individual entrepreneurs.

We recommend individual entrepreneurs and other representatives of medium and small businesses not to doubt, but to try their hand at public procurement. And if something doesn’t work out, we will be happy to advise, help you get trained and get all the tools you need for this.

conclusions

Public procurement takes place in the form of an auction, competition, request for quotation, request for proposals and others. Before you start participating in them, you need to understand the details of a particular type of purchase, what stages it consists of, what documents are needed, the sequence of actions, and the deadlines.

Novice public procurement participants make many elementary mistakes. This often results in wasted time, money, and frustration.

Participation in public procurement requires well-coordinated, clear and confident actions, where one cannot rely on chance. This is not only competition with other companies or individual entrepreneurs.

This is a game according to the rules established by state customers. According to bureaucratic rules. Therefore, the stages of selection of public procurement and preparation of documentation are the most important. That is, you need a competent choice of goal and the right actions to achieve it. So you can win and get a government contract.

Is it possible to build a public procurement business from scratch? Yes, definitely. Is it difficult to do this? No, if you know how. Public procurement for small businesses and medium-sized entrepreneurs can provide invaluable assistance. And within the framework of this article, various aspects of this case will be considered.

general information

Entrepreneurship lives on the production of goods, trade and the provision of services. All this is needed by the state, which can become regular customer. For businesses, this situation is an excellent way to expand their sales market and increase turnover. You can often come across the opinion that it makes no sense to contact the state, because there are kickbacks and other manifestations of corruption all around. But the real situation is quite strikingly different from the mythical image. Yes, from time to time you will have to meet with significant competition. But if you offer profitable terms- consider that the contract is already in your pocket. And electronic auctions, where all the conditions and needs are indicated, are of great help in this. Competition in this case depends on the amount of the proposed contract and the scope of activity. And a small animating fact: approximately 40% of all electronic auctions are declared invalid. And the reason is ridiculous - there are no participants who want to participate in them. There may be suspicions (not groundless) about some specific moments, and they do take place, but not on such a scale. As a rule, such a situation arises precisely because there really was no one who would be interested.

Choosing your niche

Initially, you need to familiarize yourself with a large number of different documentation. Specialists can help with this for a fee. If there are no free funds, then you will have to figure it out on your own. And this article will help here. In addition to it, you can also pay attention to various special manuals and training courses that are conducted by public organizations (for the most part) and state business support services. For starters, you can pay attention to not very large, but still real electronic auctions, where there will be a small number of competitors. After that, you must send an application for participation in it and attach all Required documents. The tender commission will choose the most advantageous offer (that which meets all the requirements and has the lowest price). With a reasonable approach, public procurement for small businesses turns into a profitable source of income.

How does it work?

As part of the article, much attention will be paid to electronic trading platforms. Why? The fact is that thanks to them it is very convenient to look for interesting offers. In addition, filing an application in this case does not require spending a lot of time. A open form work on the basis of the auction allows you to monitor the honesty of the work of the commissions and complain to the appropriate authorities. However, one point should be taken into account. Anyone can take part in tenders commercial organization, but for the assumption it is necessary to know the rules and the algorithm of work. Therefore, the following will be carefully considered:

1. How the system works public procurement.
2. Open and closed competitions.
3. Auction (including electronic).
4. Who can take part.
5. specific moments.
6. We start cooperation.

Principle of operation

If you are interested in, say, a public procurement business from zero to 100 thousand rubles or a million (for starters), then you cannot do without this moment. What should we talk about first? About interaction. The state can be considered as a specific commercial structure. And she needs certain services. Since the scale of work and influence of the state is truly enormous and affects almost all spheres of life, the list of necessary services is practically unlimited. Moreover, any state institution periodically needs third-party organizations - Agriculture, engineering, space, education and others.

But there are strict requirements for tenders. And first, the process of choosing a contractor for the production of goods and the provision of services should be as transparent as possible. As soon as the organization meets the requirements put forward, it can offer its own conditions and its own price. In the case when it is the most profitable, the order is received. It should be noted here that, despite the seeming simplicity, there are frequent cases when organizations resort to legal tricks that influence the choice of a contractor. In order not to become a victim of such circumstances and build successful business in the field of public procurement, it is necessary to carefully study how this system works. V Russian Federation Legislation approved several types of auctions.

Open and closed competitions

The first option is the most common way of organizing government orders on the territory of the Russian Federation. Its essence lies in the fact that all interested parties are informed about the order through the media: printed newspapers, on thematic sites. In general, everything is done to find the optimal contractor. A large amount of material is being prepared for an open competition, and all conditions are documented. Applications are being received throughout the month. After that, the opening procedure is carried out, and the founding commission decides who will fulfill the order. Such an approach, however, requires regular monitoring of relevant sources, which is not very convenient. A feature of the closed competition is that the customer independently sets the circle of performers who can cope with the order. This approach is practiced in cases where you have to work with confidential information or the work performed is very specific. Although it can be used even when it is unprofitable to familiarize numerous performers with it.

Auction

They, like competitions, are open and closed. The contractor in this case is selected according to the principle "ready to perform the required amount of work for the minimum amount." Moreover, the lowering of the rate is carried out according to predetermined parameters, which is regulated by law. A feature of closed auctions is the maximum degree of confidentiality. Thus, the customer is protected from possible collusion. Particular attention should be paid to electronic auctions. They are held on virtual trading floors that have been accredited by the regulatory body. In this case, you can only apply online.

The ever-increasing popularity of the global network leads to the fact that many countries legally oblige their institutions to purchase everything they need with the help of electronic auctions. Modern technologies allow making the process of choosing a contractor for the needs of the state extremely honest and reduce the risk of criminal conspiracy. In addition, entrepreneurs who take part in auctions can see the selection procedure with their own eyes. And if there is someone offended, then what will refrain him from reporting to the police and the prosecutor's office?

Who can take part?

Many are especially interested in the question of individual entrepreneurs. They can take part in public procurement, but there are certain restrictions. So, individual entrepreneurs cannot participate in those tenders that provide for work exclusively with a legal entity. In all other cases, in order to participate in the process of meeting the needs of the state, you just need to meet the requirements of the customer and it is highly desirable to have successful experience in the selected category of entrepreneurship. And what form of organization will be - an individual entrepreneur or a legal entity - does not play a role. It is only important to receive e-mail digital signature and register at the public procurement site, which was accredited.

Step-by-step instructions for entrepreneurship

Now let's look at how to build your public procurement business from scratch. More convenient is the option of working with electronic resources. Therefore, attention will be paid to him. This state of affairs is facilitated by an easier interaction, and the lack of difficulty in tracking new tenders in real time, and many other pleasant moments. Therefore, every entrepreneur who plans to develop in this direction should take the following steps:

1. Get a digital signature. V modern world it is becoming more and more necessary for every entrepreneur and legal entity. Why? The fact is that according to the legislation of many countries, including the Russian Federation, the EDS is equivalent to the standard signature of the director. Only it was created specifically for use via the Internet. And in some areas of activity it is even provided that without an EDS - nowhere.
2. Select a site. Once ready digital signature, you should decide where it is most convenient for the contractor to look for orders. In Russia, you can use the following sites that offer: Unified Information system in the field of procurement, State Purchases OJSC, RTS-tender, Sberbank-AST. Of course, there are others. Which one to choose among them - it all depends solely on who wants to serve the state. The main thing is that the site is accredited. Everything else is a matter of taste.
3. Passage of accreditation. To register and gain access, you must identify yourself. This procedure is carried out for each portal separately. For accreditation, as a rule, it is enough to fill out a special registration form and attach founding documents, such as: a charter, an extract from the state register, a power of attorney to participate in the auction (if this is not done directly by the head of the organization), certificate. After that, the portal administrator must review all the documentation within 5 days.

Small steps towards a great future

So, there is access to everything you need. What to do now? The next steps for an entrepreneur are:

1. Use of collateral. Initially, you will need to place funds on an account that is linked to the site. When an application is submitted, the system will deduct up to 5% of the tender cost along with it. After the auction is completed, the amount will be returned to its owner, and it can be freely returned. If there is no money, then the application will not be carried out.
2. Drawing up an application. This is an important step that many underestimate. The success of a potential contractor depends on how correctly the text of the application is written. It consists of two parts: informational and anonymous. The first contains all the necessary information and documentation. In the second it is written detailed description goods, services, production process, supply, performance, consent to work, etc., that the contractor deems necessary. The customer, after receiving all the information, informs the portal operator about his choice. And he is already contacting the performer.

As you can see, the public procurement business process is not as scary as it might seem at first glance. In addition, newcomers in this business can be approached from the position of "the eyes are afraid, but the hands are doing." And over time, when there will already be enough experience, these actions will not create difficulties.

Useful Rules

So it was considered what public procurement is. Small and medium-sized businesses, one has only to want, can make good money on them. But if you keep a few simple rules, then you can significantly increase the success of your activities. What are they? Initially, you need to put together a public procurement business plan. It is not necessary to show it to anyone in the future, but it is still useful to have a clearly defined and outlined system of interaction, decisions, and preparation. In addition, it is necessary to track the order, which is of interest, to the end. It is possible that the customer will change the conditions, and you need to be prepared to familiarize yourself with the new requirements. This is a rather tricky mechanism for choosing the artist that is needed. It is also necessary to be attentive to those customers who set the price several times lower than the market. Most likely, this indicates dishonesty. It will not be superfluous to make a black list or use something similar made by another person.

Alas, the public procurement business also has such a negative side. Reviews in this case, too, will not be superfluous to study. In addition, you can see how a person writes in the comments. If politely - a successful outcome is more likely, rude and boorish - expect problems. Now the participation of small businesses in public procurement, as well as medium-sized entrepreneurs, is still a novelty. But if you already have a desire to become an entrepreneur, then it will be much easier to act in this field.

Conclusion

Significant efforts should be made to ensure that the share of participation of small businesses in public procurement is constantly growing. After all, although this is not a lot, but jobs, and, potentially, average and big business in perspective. And what state will refuse to grow large companies and enterprises, like potatoes in the garden? Therefore, it is necessary to support and give the opportunity to do business to everyone who wants to. After all, the public procurement mechanism can be called a protectionist tool that helps to intensify the creation of our own powerful and confident economy, which we need so much in this difficult time.

It is no secret that government orders are a very profitable business. However, their attitude towards Russian suppliers ambiguous.

Someone considers them a serious and very effective tool for expanding the sales market, and someone, due to the abundance of pitfalls in the legislation, avoids any interaction with the budget.

Public procurement - offers of orders by state or municipal enterprises for industrial or foodstuffs, equipment or weapons, as well as works or services.

In world practice, any competitive form of bidding is called. In Russian legislation, this term is not used; instead, the concept of “placement of an order” is used.

According to federal law dated April 5, 2013 No. 44-FZ, five types of public procurement are used:

• electronic auctions - conducted remotely online on or auction sites using lots, and all the necessary documents are prepared in;
• open tenders - if only the price is the winning criterion in the auction, then in this case the winner is the organization that offered both the optimal cost and more favorable deadlines, the best quality offered goods or services, etc. Most often they are carried out in cases where the amount of contracts exceeds 500 thousand rubles;
• requests for quotations - are carried out similarly to tenders, but the amount of contracts is much less;
• purchases from a single supplier - in fact, these are not auctions, but direct contracts concluded between the supplier and the state customer;
• open auctions - unlike electronic ones, orders are published in the mass media; in recent years, they are much less common.

Such purchases are carried out by the state both for their own needs (for the purchase of weapons, medicines, equipment, office equipment, etc.), and for the purpose of uninterruptedly providing the population with the most important food products and reserving strategic food supplies.

In most competitions and auctions, any public and private enterprises or have the right to participate. The contract is concluded with the winning enterprise that won the auction.

All procedures for their implementation, as well as the process of signing contracts and monitoring their compliance are regulated by law. Control over their implementation is entrusted to the Treasury and the Accounts Chamber of the Russian Federation. Purchases for weapons, as well as particularly significant contracts, are controlled by the FSB.

Suppliers (contractors) must send the customer an official application for participation indicating the price of the order acceptable to them. After the auction, the commission considers all submitted applications and selects the best option for them.

Public procurement can be:

• open;
• selective (any candidates have the right to submit applications, but only companies selected by the customer participate in further competitions);
• closed (bidders are invited only by the organizers).

Procurement can take place in one or two stages. For single-stage tenders or auctions, order requirements cannot change during the entire bidding period. During the two-stage sales, the conditions may undergo some changes.

So, after negotiations with potential suppliers, the applicant has the right to reformulate certain requirements for goods, works or required services.

There is a misconception that government orders can only be transferred large companies. However, state and municipal organizations are required to provide at least 20% of the total number of applications to subjects.

The only exceptions are supplies for defense needs.

Material costs when participating in public procurement

Despite the fact that participation in competitions is most often free, sometimes it is worth developing your own proposal for a quality auction. In this case, quite significant material and time costs are possible. Moreover, in case of loss, such costs are not compensated.

Participation in electronic and open auctions is easier and requires a minimum amount of costs. In some cases, a small non-refundable fee is charged, which is a confirmation of the seriousness of the intentions.

However, it should be noted that when conducting any type of auction, there is almost always an offer to financially secure your application and pay in advance about 5% of the initial price of the contract. For small businesses, this amount cannot exceed 2%.

Naturally, the specified amount after the auction is returned. The participant who won the competition, with the help of an insurance contract or transfer Money to a certain cash account is obliged to provide the contract with an amount of at least 30% of the declared value.

Responsibility for public procurement

The state has defined a whole system of fines for non-compliance with the conditions of the auction, both for the supplier of goods or services, and for the state customer.

The organization of public procurement should be carried out only on the principles of equality and openness.

The customer does not have the right to violate the statutory procedure and forms of holding auctions, change the terms for publishing bids, for open auction hide information about their conditions and the procedure for their provision, provide full access to each of the participants to all data, enter incorrect information about bidders, etc.

It is no secret that the receipt of lucrative state orders gives rise to entire corruption schemes to ensure that only a certain applicant wins.

The most common types of fraud are:

• indication of overestimated and unrealistic volumes of work in obviously unrealizable terms for other bidders;
• incorrect statement of payment terms unfavorable for the supplier;
• blocking participation in tenders of strong performers;
• deliberate underestimation of the price of the order - the winner of the tender as a result receives compensation due to further changes in the terms of the contract;
• participation of dummy clients imitating formal offers unfavorable for the customer.

Such systems are often developed when exhibiting especially large and most profitable orders. Ordinary tenders are more realistic to win.

Legislative acts of 2013 and effective from January 2015 new law on public procurement significantly tightened the requirements for public procurement.

World practice shows that even in highly developed countries, such as, for example, Japan or the United States, the press regularly covers serious violations regarding the approval of government orders.

Unfortunately, it is much easier to hide the illegal actions of government officials at small auctions.

In recent years, access for small businesses to government orders has been greatly facilitated in Russia. However, the effectiveness of attracting them to state tenders is still insufficient. Unfortunately, there is no single, well-regulated system for placing government orders intended for small and medium-sized businesses.

To date, specific documents have not been legally defined that give the right to call itself a small business. Thus, when applying, one should rely more on luck than on some state regulatory instruments.

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A certain difficulty is also working with auction sites - not every search system can show orders allocated for small businesses, so finding the right one in the general array of information is sometimes quite problematic.

Thus, despite the numerous gaps in the legislation and the lack of control over the procedure for concluding and conducting tenders in public procurement, in Russia it is quite possible to receive an order for certain groups goods or services to any enterprise, including an entrepreneur who owns a small business.