The tender specialist meets with both the customer and supplier sides. On the customer’s side, there must be a contract manager or an entire contract service with a manager, and not necessarily a separate unit, these can be employees of various departments, assembled into one team, who perform the duties of a contract service employee. Also, the customer may have a head of the commission, a member of the commission (competition, procurement, auction, quotation).
If we consider the situation from the point of view of the participant (supplier), then in this case a lot is determined by the fact of who in the company is engaged in sales, including through participation in tenders: an employee of the commercial department, an employee of the sales department, any employee of the company.
What is the difference between customer specialists and supplier tender specialists? For customers, the law establishes that persons involved in procurement must have a certain level of education (). The customer includes in the commission those who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object ().
Two professional standards, as well as a number of other documents, are applied to customers:
- “On approval of the Model Regulations (Regulations) on Contract Service”
- “On the direction of methodological recommendations...” (for training centers that provide professional training and retraining).
The legislative framework is the basis of the knowledge of tender specialists. The fundamental law is “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Even if an organization falls under, but for some reason cannot work according to it, then it falls under the scope of 44-FZ. Therefore, all tender specialists for any customer should know.
In addition, it is important to know those parts of the Civil Code that relate to contracts and agreements. Since any unlawful actions of the customer can be challenged and proven, it is important to understand the Code of Administrative Offenses. If tenders concern construction work, then certain articles of the Town Planning Code should not be ignored either. Knowledge of the Labor Code will not be superfluous. The Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition” plays a certain role, since during procurement, controversial situations often arise regarding possible violations, and in these cases, knowledge of the law is especially important.
Resources for the Tender Specialist
The following resources provide procurement information:
- Official website of the EIS.
The unified information system includes huge volumes of procurement information: plans, schedules, procurement information, a register of contracts, a register of unscrupulous suppliers, a register of complaints, inspections and their results. In addition, on the website you can familiarize yourself with standard contracts, regulations and other necessary documents.
- Electronic trading platforms (there are currently 6 such platforms). Suppliers need to understand the regulations of such sites and even the interfaces, since each site has its own characteristics. In this sense, it is easier for the customer - he has the right to choose the site where it is more convenient for him to work.
How is this source useful? Thanks to the information function, you can view the list of companies operating on the site and obtain information on specific participants. In addition, you can search for buyers and consumers of works and services of interest, as well as study the needs and offers of works and services from organizations presented on the resource.
The platform also acts as a powerful analytical tool, allowing you to compare company performance indicators and select counterparties taking into account various criteria.
- Search system . First of all, it is aimed at suppliers. They are looking for procurement information - this is the supplier's task. Such platforms allow you not only to search, but also to carry out analytical work: what complaints were there against the customer, how he pays, etc.
The following resources provide information about customers/participants:
- Registers: Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs; Register of unscrupulous suppliers (you can check whether a specific company is listed in it); Register of complaints (you can study the behavior of the customer or supplier: how often do they complain about the customer and how much the supplier likes to complain).
Customer information is an important component of the work, since you can see which competitors are entering the market. Registers.
- Service for quick verification of counterparties.
- Official websites of executive authorities, ministries and departments.
- Help systems: Consultant, Guarantor, .
- Communities and social networks.
What skills should a tender specialist have?
Professional standards have been developed for customers, which they are obliged to apply to their employees. We are talking about the following documents:
- “On approval of the professional standard “Procurement Specialist”
- “On approval of the professional standard “Expert in the field of procurement”
The customer organization must prepare its employee in such a way that he performs his labor functions in accordance with standards. The supplier has no such responsibility, although a contract worker or sales employee, working with the same resources and contracts, still must understand a number of issues. The supplier’s specialist is not obliged to touch upon issues of planning, regulation, reporting, but he must read the relevant documents in order to understand how purchases from a particular customer are regulated, how the customer creates a schedule. Search, analysis, evaluation of documentation, compliance with regulations - these skills are needed by the supplier’s specialist.
A tender specialist can improve his professional level and qualifications primarily in the workplace, gaining experience. However, he can also receive additional education at a training center (full-time or remotely).
To obtain additional professional education, you must have a higher or secondary vocational education (that is, you must have a document confirming its availability). Or you must be a student currently studying.
Stanislav Gruzin, Deputy Director of the Department of Training and Legal Expertise at OTC.RU and an expert in the field of procurement in accordance with 223-FZ, 44-FZ, advises, after studying the two fundamental laws, to begin participating in small tenders under 44-FZ. Why? Watch the video:
Oleg Birulya, a tender expert and specialist in the field of public procurement, believes that the work of a tender specialist combines a complex of knowledge in the field of law, technology and management. He talks about this in more detail in the video fragment of the webinar “”:
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5 MAIN MYTHS ABOUT TENDERS. What you need to know when starting to work on tenders.
During the crisis, companies began to participate more actively in tenders; in some segments, the number of participants increased several times.
The curtain market is no exception. At MosBuild we received a huge number of questions regarding tenders. We decided to declare April the month of tenders and cover this issue in detail on our website.
04/10/2015, Business
Today we are meeting with tender specialist, consultant and teacher, Asya Muftakhina. Asya is one of the key speakers at the “Participation in Government Procurement” seminar, which will be held on May 28-29. With Asya we are discussing what is important for salons to know to start working with tenders.
Maria Belova asks questions.
Asya Muftakhina
– ASIA, HELLO, PLEASE TELL US ABOUT YOUR EXPERIENCE WITH TENDERS.
– I have been involved in tenders since 2010, I started participating as a supplier, I went all the way, I found all the errors that could be found. After working as a supplier for 3 years, I worked in the customer organization, that is, I organized procurement for my department. Therefore, I can perfectly imagine the process of work on both sides.
Now I am an individual entrepreneur, a consultant on participation in government procurement for small and medium-sized businesses.
– HAVE YOU HAD ANYTHING CLOSE TO OUR AREA?
– Recently I trained entrepreneurs who were engaged in curtains. Now I have a lot of designers (both web and interiors).
– I HAVE NEVER PARTICIPATED IN TENDERS, I KNOW NOTHING ABOUT IT EXCEPT THE REVIEWS OF COLLEAGUES. WHEN THE WORD “TENDER” GIVES ME A FEELING OF SOMETHING COMPLEX AND CORRUPT. BUT THIS MARKET IS EXTREMELY INTERESTING, WE REGULARLY PUBLISH TENDERS WITH AMOUNT OF MORE THAN 1,000,000 RUBLES, SO LET'S FIND OUT HOW REAL IT IS FOR CURTAIN SALON TO WIN A TENDER.
FIRST, WHY ARE THEY EVEN CARRIED OUT?
– Any government organization, if it wants to purchase something, is obliged to hold a tender. It doesn’t matter at all whether she is buying stationery or major renovations of buildings - anyway, in 95% of cases she will have to hold a tender. There are several types of tenders.
– TELL US IN MORE DETAIL.
– There is the simplest tender – called “request for quotation”. If the customer announces a request for quotes, then he evaluates you only by price. Initially, he writes a technical specification: I should have curtains like this, this material, this color.
– There is an electronic auction - it is similar to a “request for quotation”, in which participants are also evaluated only by price, but it is held on the Internet.
– There is an open competition. Here a quality criterion already appears, and the customer will be happy to evaluate your work experience and everything that he can think of in terms of quality, he will also evaluate in terms of quality: the number of your clients, the number of government contracts you have completed and everything he can come up with if he suddenly needs...
There are several more types.
– LET'S TALK ABOUT THE BASIC MOST COMMON CONCEPTS ABOUT TENDERS. FIRST – CORRUPTION IS SO HIGH THAT IT IS IMPOSSIBLE TO WIN.
- Can. We won tenders that were not made for us. Yes, there are some industries in which it makes no sense for non-specialists to participate: construction over 10 million rubles, you need to know the specifics, down to what word to write, what product, where to indicate millimeters, where to indicate centimeters.
– WHAT IF WE TAKE SOMETHING SIMPLE?
– The lower the price, the more likely it is possible. The customer is also monitored by the Federal Antimonopoly Service. And if you, as a participant, feel that your application was rejected unfairly, you can file a complaint against them. Accordingly, the Federal Antimonopoly Service will come and begin an inspection, and for various reasons, no one needs the arrival of an inspection body.
– BUT THE SECOND FEAR IS THAT I MYSELF, WITHOUT A BROKER, WITHOUT A KNOWLEDGEABLE ASSISTANT, I WILL NOT BE ABLE TO LEARN TO COMPLETE ALL THIS DOCUMENTATION AND SUBMIT IT, THAT THIS IS SUCH A COMPLEX PROCEDURE THAT IT IS NOT REALISTIC TO FIGURE OUT MYSELF.
– In fact, the most difficult thing there is the documentation. When a customer announces a tender, it is accompanied by a stack of documents. Three quarters of this pack is a repetition of the main basic law that operates in the field of government procurement - the 44th, and literally 10 pages of technical specifications and the conditions themselves - that is, 10 pages that need to be read.
– IS THIS REALLY SOMETHING UNREALLY COMPLEX OR YOU CAN LEARN THIS AND PASS IT ONCE – CAN YOU ALL YOURSELF WITHOUT A BROKER?
- Can. And in the case of small businesses, it’s even necessary!
– This is the first time I’ve heard about “thrown in.” Probably we are talking about non-payment? The fact is that the formidable FAS will also find out about non-payment and will also come to the customer with an inspection. As I already said, no one needs this. With small amounts and good faith on the part of the supplier, problems are unlikely to arise.
– I HEARD THAT THEY MAY NOT PAY FOR A LONG TIME, FOR EXAMPLE.
– You need to read the terms of the contract, they may say until the end of the year, but play the competition at the beginning of the year. Payment must be made by the end of the year. Although, in my opinion, there is already a rule in place that requires payment 10 days after signing the act. This is if according to 44-FZ.
– THERE IS NO ADVANCE PAYMENT?
- The prepayment has now been removed. Previously, it was possible to work with a 30% advance payment.
– WHAT OTHER OPINIONS ABOUT TENDERS ARE MISCONCEPTS?
– I would name five main ones:
It is impossible for a young and inexperienced company to win.
- purchases are carried out after the work is done.
- FAS is always on the customer’s side.
- customers live on kickbacks, the winner has long been known. Even if we win, they won’t sign the act for us.
– LET’S CONSIDER HOW THE TENDER SYSTEM WORKS, WHAT ARE THE MAIN PLAYERS?
There is a single portal where all tenders are published - State procurement, zakupki.gov.ru.
The customer publishes information about the tender and selects sites where the tender will be held. From a single portal, all information is posted on the site.
The participant - supplier, small business, also has access to both the sites and a single portal and can use it.
The main regulatory organization is FAS (Federal Antimonopoly Service).
It is important to take into account that the customer may have several departments involved in the tender. On the one hand, this will be the tender department - people who are involved in legal registration, on the other - the internal customer who needs to purchase it. These are two different structures, and they often conflict with each other and do not understand each other. It is necessary to take into account the subtleties of working with them.
– ANOTHER QUESTION, GOVERNMENT AND COMMERCIAL ORGANIZATIONS CAN PLACE TENDERS, HOW OFTEN DO COMMERCIAL ORGANIZATIONS USE THIS TENDER?
– Commercial companies, like government ones, are required to place everything through tenders if the cost exceeds a certain amount. The amount is different in each category.
If, for example, Gazprom needs curtains, it will hold it through a tender. If Sheremetyevo – also by tender.
– WHERE WILL THEY PLACE IT INITIALLY, THROUGH GOVERNMENT PROCUREMENT?
Yes, initially they are included in government procurement, both public and commercial.
Another market player is brokers.
– HERE WE REGULARLY HEAR ABOUT THE FOLLOWING PROBLEM: ON THE ONE HAND, BROKERS HELP TENDER PARTICIPANTS, REMOVE THE HEADACHE WITH DOCUMENTATION, BUT AT THE same time A LOT OF FRAUD APPEARS. THERE ARE QUITE A LOT OF BROKERS IN THE MARKET NOW, WHO MANY SAY THAT THEY ARE STATE, AND ARE EVEN CALLED SOMETHING “GOS-...”, BUT IN ACTUALITY A REGULAR COMMERCIAL BROKERAGE COMPANY. THEY MISLEAD PEOPLE, ASK FOR AN ADVANCE PAYMENT FOR PARTICIPATION, AND AS A RESULT IT MAY NOT BE REFUNDED, THEY DO NOT GIVE ANY GUARANTEES, OR THEY GIVE THEM - TAKE MONEY, AND PEOPLE DO NOT WIN. WE HAVE HEARD A LOT OF SUCH FEEDBACK.
– Maybe they just don’t understand what a broker is? The broker does not guarantee that you will win.
– BUT PEOPLE ARE MISLEADED. AND THEY ARE RUDE AND BLACKMAIL. AT FIRST PEOPLE SEEMS TO AGREE, THEY ARE TOLD YOU WILL WIN, BUT YOU NEED TO PAY A DEPOSIT.
– The word prepayment is a red light. If you hear the word prepayment, immediately think that something is wrong here.
– IF I CAN FIND AN HONEST AND PROFESSIONAL BROKER, CAN HE ASK ALL MY QUESTIONS AWAY?
– You need to understand that the supplier will still be related to the tender. You can't just hand it over. Because any broker, no matter how experienced he is, does not understand your product. And the main part, especially for competitions where there is documentation of what you are ready to provide, must be done by the supplier himself. No broker can do this.
– SO THE BROKER’S GOAL IS TO HELP PREPARATE THE CORRECT DOCUMENTS?
– The broker deals with the legal part and comprehensively manages your participation in the tender so that everything is done on time and correctly. But I never undertake to do technical specifications regarding the product and pricing. These two points, no broker can do without you. If someone promises this, then this is already strange.
– DO I UNDERSTAND CORRECTLY THAT IT IS VERY IMPORTANT TO DRAFT A QUALITY CONTRACT AND PROTECT YOUR RISKS TO THE MAXIMUM?
– The contract is drawn up by the customer. He has a ready-made form of agreement - a draft agreement, which he uses. Here the question is in the technical specifications, it is important to fulfill the points of the technical specifications and sign the execution of our service at each stage. Because at many stages subjective opinion works.
– BEAUTIFUL/UGLY, WORKS/DOES NOT WORK, SELLS/DOES NOT SELL.
– Therefore, at every stage where you feel that a risk may arise, you draw up an act. Depending on the customer, agree on what exactly to compile. At least get confirmation from him in writing by email. The best option to communicate with government customers is by email, and not just by phone. So that you have written confirmation from him that yes, he agrees, and explicitly. Not just streamlined phrases about the fact that they looked and decided something, but an obvious one: “yes, we accepted this work.”
– LET'S TALK ABOUT HOW TO DEAL WITH INVALID TENDERS. LITERALLY THE other day, the OWNER OF THE SHOP AND SALON CALLED US, SAYS: “VERY STRANGE, I WANT TO APPLY FOR PARTICIPATION IN THE TENDER, BUT THE CONDITIONS SPECIFY FABRIC WHICH PRACTICALLY DOES NOT EXIST IN NATURE.”
– You can file a complaint with the FAS, but in the option that you describe, it is quite useless, because the FAS does not deal with qualitative characteristics. If the procedure was violated, they can come and say “ah-ah-ah,” but if you come to them with a quality characteristic, they will say that we are FAS and will not understand the curtains. Most likely this will not happen. You can try it to show that you have some teeth. The supplier has its own complaint history, it is available and any customer can view it. If you participate in some kind of tender, you address the customer with a question. The customer can say: “read the tender documentation” - he really likes this. Or maybe they look at your complaint history and understand that you won’t stop there and will go to the FAS and they will answer you normally.
– I.E. IT IS BETTER NOT TO PARTICIPATE IN SUCH TENDERS. YOU MENTIONED TYPES OF TENDERS, WHICH ARE THE MOST TRANSPARENT?
– Requests for quotations for amounts less than 500,000 are the most convenient type of tender for both the customer and the supplier, so try to use it. The second most convenient is an electronic auction, it is more complex than a request for quotes, but it is more transparent, because the customer does not see who is participating in the auction. When someone wins - offers a lower price - then he can see you.
– AND AT SOME PERIOD THERE IS A STRUGGLE
– The auction takes place online, on a certain date, designated by the site. At this time, you must come and participate in the auction.
– SO THE QUALITATIVE CHARACTERISTICS ARE NOT INVOLVED THERE?
– No, they do not participate in the electronic auction. You are judged only by price. If you meet the formal criteria: accreditation, with a bank guarantee provided on time, if required, signed a contract on time. There are legal issues for which the customer can reject you, but if you comply with them, then everything will be fine
– WHAT IS THE MOST DIFFICULT TYPE OF TENDER TO PARTICIPATE?
– Open competition. There is the maximum amount of documentation, the maximum possible criteria. Everything that can be complicated is complicated.
– IT IS CLEAR, IT IS VERY IMPORTANT TO IMMEDIATELY PAY ATTENTION TO THE TYPE OF TENDER IN ORDER TO DECIDE WHETHER TO PARTICIPATE OR NOT.
– I would like to draw your attention to the fact that the formal side is very important: compliance with deadlines and procedures. The customer usually knows that this is very critical, but as for small businesses and suppliers, I am faced with the fact that “Oh, tomorrow we will sign a government contract, the day after tomorrow we will sign.”
And another common misconception is that “I can do better.” The customer specifies one thing in the documentation, and I can do better. The customer better not need it, he needs it exactly as in the technical specifications.
– WHAT IS THE PROCEDURE TO START WORKING WITH TENDERS, WHAT YOU NEED TO DO BEFORE YOU CHOOSE AN INTERESTING TENDER.
– First of all, you need to create a search core and learn how to do correct targeting. It's not difficult at all, but it makes your life a lot easier. And then, depending on the type of tender. If this is a request for quotes, then you can participate immediately; if this is an electronic auction, then you need to obtain an electronic signature and register. Although I recommend taking some educational courses first, I remember how at one time I suffered at every stage.
– TWO WEEKS ESSENTIALLY WITH RESERVE. WHEN YOU ARE ACCREDITED, WHEN YOU HAVE PASSED EVERYTHING ONCE, IS IT ALL FAST?
- Yes, much faster. The only thing is that it is important to allow time for a bank guarantee if you need it. We will talk about this in detail at our seminar on May 28-29.
– THANK YOU FOR THE DETAILED ANSWERS.
You can find out more about the seminar
It is no secret that participation in electronic trading, and even more so in government procurement, requires experience and qualifications. Not every company interested in government contracts has a specialist on staff with knowledge and skills in working with tenders. But this work includes not only the actual participation in the auction, but also obtaining an electronic digital signature, selecting trading platforms, registering on them, ordering a bank guarantee and much more.
Difficult places
The matter is complicated by the fact that electronic trading is quite strictly regulated by the state. Moreover, the legislation in the field of public procurement is relatively crude and is constantly being refined. Therefore, participants in government auctions have to tirelessly monitor the news and keep abreast of all changes. You cannot quickly learn once and then reap the benefits of this training - you need, as they say, to “simmer” in the juice of the government order, devoting a significant part of your working time and effort to it.
Why you should participate
In fact, there is no need to despair - government orders remain an attractive sales market for Russian business, and it conceals enormous potential for the development of your company. This is evidenced by bare numbers: according to the Ministry of Economy, 42.8% of trades in 2014 were declared invalid. Most of them did not take place due to the banal lack of participants. Can you now imagine the scale of missed opportunities?
All you need is to properly organize the tender work. Having solved this problem, you will be able to use government procurement resources for the benefit of your own business. However, to do this, you will have to somehow get “other people’s brains” - people who can participate in procurement, avoid risks and achieve contracts.
How to organize tender work
There are at least 5 ways to attract specialists to work. Let's review and compare the available options to determine the right one for your company.
Hiring a freelancer remotely
The easiest and most affordable way is to hire a freelancer who works remotely. This is mainly done by individual entrepreneurs and small organizations with a limited budget. Indeed, a freelancer is the most economical option, but also risky at the same time.
Typically, remote workers work on a piece-rate basis and on an advance payment basis. In order for a specialist to start doing something, he should transfer money. In this case, as a rule, no agreement is concluded. That is, you act at your own peril and risk. It often happens that after receiving an advance payment, a freelancer disappears, and you have to look for another one. As a result, we have wasted money and time.
Another problem is the qualifications of the specialist. Are you sure that the selected employee has the necessary knowledge and experience; will he not fail in such an important matter as participation in government procurement? Therefore, before hiring a freelancer, it is worth asking for feedback on their work. In addition, it would be a good idea to look at information about him on social networks, check mailbox addresses, etc.
Hiring a tender agency with payment based on results
You should be very careful about such a form of cooperation as hiring an agency, subject to payment based on the result (won auction). The fact is that not a single professional tender agency can guarantee the victory of a participant. Whether you win the tender or not depends, first of all, on you and your cost.
Of course, the agency will help you choose a suitable trading platform, eliminate corruption factors, find a good auction and register as a participant. But promising victory is, to say the least, unprofessional.
Payment-based services are usually offered by two categories of performers:
- Beginners are people without sufficient experience who are interested in their own training in practice (as a rule, they do not have an office, a full-fledged website, or official reviews from clients).
- Scammers are so-called “agencies” that lure clients with promises of winning a tender, and in the process of interaction, when the client “takes the bait”, they ask to transfer a deposit to the account (for example, as a guarantee of your reliability).
The likelihood of finding a qualified specialist this way is extremely low. At best you will lose time, at worst - money.
Hiring a tender agency with a subscription fee
A fairly common option that many agencies offer is cooperation with a subscription fee. In this case, your chances can be assessed as 50/50 - it all depends on the company you contact.
Unfortunately, there are agencies on the market that require a subscription fee of 15-70 thousand rubles per month from the customer, promising to provide a range of services for searching, selecting tenders and participating in tenders within an agreed period. In reality, all further “activities” of the company come down to sending you certificates of completed work.
You should be wary of the fact that the agency offers to sign an agreement with a subscription fee for a long period (even if it promises a substantial discount). In addition, carefully read footnotes and regulations. In particular, under the contract you should have the right to refuse to participate in a tender that is obviously unprofitable.
Hiring an employee
It would seem that a worthy option would be to hire a specialist to join the company’s staff. But this method also has its disadvantages.
Firstly, finding a truly qualified tender specialist is quite difficult. If there is such a person who agrees to work for you, he will probably manage several other projects in parallel. You will have to constantly monitor the activities of a full-time professional, and conflicts often arise on this basis.
Secondly, the hired employee may not have the necessary experience. The result: lost tenders, irretrievably lost time, lost profits, and even the need to invest in employee training.
Thirdly, a full-time specialist will have to pay a substantial salary year-round, while tender work is characterized by seasonality. This means that for about six months the employee will rest at his workplace and work to “decompose” the atmosphere in the team.
Tender agency with payment for work done
The most preferable, in our opinion, way to participate in the auction is an agreement with an agency, subject to payment for the work done. This option is reliable and productive. Almost all conscientious contractors offer their customers a similar cooperation scheme.
How interaction is built:
- You (the customer) yourself determine the tender in which you plan to participate and the services that you need;
- The contractor (tender agency) assesses the complexity of the order and issues an offer;
- After signing the contract, the agency carries out the agreed work.
In this case, the customer has the right to refuse cooperation at any time if the quality or cost of the services does not suit him. And the performer, for his part, is motivated to put maximum effort into fruitful and long-term partnerships.
As you can see, the described method is the most effective. In addition, it involves a minimum of risks for both the customer and the agency. This is exactly how most companies that have achieved significant success in electronic trading operate.
Have you had experience organizing tender work? Write your answers in the comments.
A tender is a kind of competitive selection that is carried out among suppliers of goods or persons providing services.
The undoubted advantage of such a choice is that consumers or their representatives can choose the best option from the many presented. The downside is that becoming a tender participant is not so easy, especially for beginners. The tender can be paid, free, open or closed.
Participation in tenders: where to start?
If we are talking about the tender department, then the difficulty first of all is to choose a project and a customer. First you need to consider the requirements for the order and find out as much as possible about the customer himself.
This is done by studying specially created tender sites, Internet sites or paper materials, if they are provided by a potential customer.
In order for the work process to be as efficient as possible, it is necessary to correctly distribute responsibilities.
Typically, the conditions are reviewed by one person who, ideally, knows the basics of jurisprudence. Knowledge of the legal framework will help determine the integrity of the customer and the fairness of his demands.
When participating in auctions, you must adhere to the following recommendations:
- It’s better not to waste your time trying to study the entire proposed list of tenders, but to visit sites that divide orders by area and topic. This way you will immediately know whether the tender is suitable for the area of activity of your department.
- Don't grab the first order you come across. Carefully study the conditions, material rewards and the period allotted for preparation. If the conditions are acceptable, you can contact the customer company and find out all the points of interest. Only after this the order can be accepted for execution.
Tender for beginners
Beginners often experience difficulties not only when searching for an order, but also when working on it. It is best to start with a small “budget” order. It is best to contact a professional who will help you understand the intricacies of contracts and not be left in debt.
Determination of a public procurement participant
The third article of the law on the contract system regulates the selection and implementation of supplies of goods and services for the needs of the state.
Participants
- State authorities (executive) that regulate procurement.
- Other executive authorities, including local ones, which have the right to exercise control over procurement.
- Rosatom is a nuclear energy company.
- Customers.
- Performers.
- Specially created organizations.
- Representatives of electronic platforms.
A participant is a link in the procurement process, which can be represented by a legal entity or an individual (even an individual entrepreneur).
The state customer is one of the authorities or a government agency that has the right to act on behalf of the Russian Federation (Article 5 of the third law on the contract system).
Search for tender
Searching for a tender is a stage that the contractor cannot do without. The process includes a certain order of actions and its result depends on the quality of the distribution of responsibilities and their implementation.
The main source of orders is the Internet, where the websites of both private customers and those offered by the state are located. Most of these sites are designed to work with entrepreneurs and have limited access.
Finding a good tender is not easy, achieving participation in it is even more difficult, so the search stage can be considered one of the most important on the path to achieving the goal.
Experienced search engines spend less time searching and selecting, but a beginner will have a difficult time. We have to review 10-15 sites a day.
Receiving an electronic signature
An electronic signature is something that neither the customer nor the contractor can do without. It represents a certain amount of information with an electronic signature attached to it.
You can find out how to obtain a signature in the Law “On Electronic Signatures” dated April 6, 2011. The law provides for the development and expansion of e-business infrastructure. There are currently three types of signatures:
- Simple.
- Reinforced.
- Qualified.
The owner of this type of signature can both receive and provide services that require personal identification in accordance with current legislation.
To obtain it you need a passport and a certificate from the Pension Fund. Theoretically, the service is free, but the user will still have to pay a small fee for the electronic media.
In order to apply for the service, you need to contact the service center and provide a list of papers.
Preparation of documents:
- Passport.
- Certificate from PF.
- Email address.
The absence of at least one piece of paper is the reason for refusal to obtain a signature.
Accreditation on the electronic platform
An electronic trading platform is one of the types of online auctions that are conducted based on the 44th Federal Law of January 1, 2011.
Each participant has a so-called personal account, which is accessed after passing accreditation. Accreditation allows you to take part in auctions and tenders on various platforms.
It is noteworthy that each service requires accreditation, regardless of whether it has been passed on other sites or not.
Prerequisites
- Providing reliable information.
- Order fulfillment guarantee.
- Availability of regulatory documents confirming the status of an individual or legal entity.
- Payment of insurance premium.
- Non-disclosure of information about the order and the customer.
Choosing a supplier determination method
The competition is considered full-fledged when 2 or more competitors participate in it. In case of failed competition, the customer reserves the right to extend the tender or select a single bidder.
Studying documentation and preparing an application
The Contractor is obliged to fully study the documentation and conditions put forward by the customer before becoming a participant in the tender. You need to be sure that there are enough technical, material and intellectual means to complete the task.
It is best for beginners to seek help from professionals who will tell them about possible pitfalls in applications. An incorrectly filled out participant form can rarely be corrected, which can completely ruin participation in the desired project.
Federal Law No. 44 regulates the requirements for product characteristics specified in the questionnaire. Everything should be described clearly, without omissions or exaggerations, and most importantly, objectively. The customer can use a trademark if:
- There is no alternative way to ensure an impeccable description of the subject of procurement;
- There is a need to use goods not included in the contract when performing work.
There is a need to check documents that confirm the compliance of the indicators of the purchased goods or product with the customer’s requirements. These papers must contain both minimum and maximum indicators of acceptable error.
The following items cannot be specified in the requirements for procurement documentation:
- Manufacturer of a specific product.
- Personal preferences for a participant in the procurement process.
- Guarantee of the availability and serviceability of equipment that creates or transports goods.
2 mistakes you should NOT make when applying
Participation in the auction and raising funds for this
In order to become a participant in the tender, you must have a certain amount of money in your account, which serves as collateral. If you win the competition and refuse to participate, the deposit will not be returned.
There are several more conditions without which it is impossible to fight for victory:
- After depositing an amount from 0.5 to 5% of the declared contract amount into the electronic account.
- An alternative to depositing money is to use borrowed money. An undoubted advantage of this type of payment is that the funds remain in circulation and are not withdrawn from the business. The loan makes it possible to participate in several tenders at once.
- Fill out the form, entering all the necessary information about the services provided by the participant.
Thanks to Law No. 44, a register of guarantees of banking services has been operating in Russia since March 31, 2014. All credit organizations that are involved in issuing guarantees for bank payments and providing financial support for government payments contribute to it.
All conditions for registering can be found at the Bank of Russia; it is also published on the website of the Ministry of Finance of the Russian Federation. Violators of the terms of the register are blacklisted for a period of two years.
Conclusion of a contract and its provision
After winning the competition and paying the insurance premium, the performer can begin to perform his duties. In the case where the contract amount is estimated at more than 50 million rubles, the customer undertakes to establish insurance equal to 10-30% of the maximum contract value.
If the amount of the advance is 30 percent or more greater than the maximum contract value, the insurance is equivalent to an advance.
If the customer reduces the payment after the final selection of the contractor by more than 20%, the platform administration applies the measures described in Article 37 of Law No. 44.
If the contract amount is less than 50 thousand rubles, instead of bidding, you can conduct requests for price quotes, where the annual purchase amount does not exceed 10% of the customer’s total income.
Watch a detailed webinar on participating in tenders
Tender classification
There are three main types of tenders that can be found on all thematic platforms.
Open
An open type of tender is freely available, that is, everyone can participate (physical and
legal entities). The benefit of the customer in this type of competition is that he has a wide choice of performers and can find a profitable option. Most often, such tenders are posted as advertisements on the Internet.
Closed
A closed tender implies a limited circle of performers. Most often, such a competition is announced by large companies that already have experience working with invited performers. Closed tenders are valued more expensive than open tenders.
Purchasing from a single source is often beneficial for the customer for a number of reasons, which is why some customers prefer this type of tender.
Two-stage
A two-stage competition is announced for specific goods and services. At the first stage, the customer accepts proposals without specifying a price, and at the second, he clarifies all the conditions for those who passed the first qualifying round. At the same stage, performers offer prices for their services and make some adjustments to the requirements.
Selecting a site and topic
Both customers and contractors select sites by trial and error. There are websites on which both public and private orders of various subjects are posted. In order to select the appropriate option, just enter keywords in the field provided for this.
Entrepreneurs who have recently opened their own business may find it difficult to allocate a budget for marketing and advertising, and the path to stable profits and large orders seems thorny. However, if you understand such a phenomenon as a tender, you can get many bonuses. We will tell you how to participate in it, what type of tender to choose, what documents will be required to submit an application, and why participation in the tender will be a good help in business development.
What you need to know to participate in tenders
To begin with, it is worth revealing the concept itself. A tender is a competition held by the customer in order to select a contractor who will become the supplier of the necessary goods or services in the future. Any company or individual entrepreneur can compete for the right to become such a supplier - that is, submit a tender application. The main thing to do before submitting an application is to study the rules regulated by the tender organizer, understand the procedure for preparing documents and take into account the nuances, which, in particular, include determining the type of tender (and therefore the possibility of your company participating in it).
Types of tenders: how to choose?
Competitions for the right to become a key contractor can be divided into several types. The main ones are open and closed tenders, as well as those that are held in two stages.
IN open tender Any enterprise can take part: the customer lays out the rules for participation in the competition on a specialized website or announces them in an advertising campaign conducted on the eve of the tender. The advantage of such a competition: the documents required for participation, which describe the conditions of the tender and the requirements for the proposed contractors, are provided either free of charge or for a small amount - such that can cover the company’s operating expenses. You can prepare documents and comply with the rules for participating in the tender using your own employees, but the workload on them will be heavy. Disadvantage: in open competitions, as a rule, there are more participants, the struggle for victory is more intense.
main feature closed tender is that the customer determines in advance a circle of enterprises that, in his opinion, may be useful to him, and sends them an invitation to participate in the competition. The participants in the struggle themselves do not know about each other - this plus allows us to bypass such an unpleasant phenomenon as an agreement between the owners of participating enterprises. Another strength of a closed tender: as a rule, no more than five potential leaders compete for victory, and preparation for it takes less effort. Disadvantage: you will have to invest in the company’s reputation in advance and increase its rating with the help of PR - mentions on the Internet, media, social networks, etc. in a positive way.
Both open and closed tenders can be either state, so commercial. All state tenders are regulated by Federal Law No. 44-FZ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.” The organizers in such cases are government agencies, public authorities or the Rosatom corporation. The rules for conducting public procurement are strictly regulated; participants are selected taking into account the strict requirements prescribed by law. In addition, there is a list of procurements of goods, works, and services approved by the government of the Russian Federation that can only be obtained at an electronic auction - there are only eight state trading platforms for its conduct. Moreover, by law, organizers are prohibited from purchasing goods or receiving services from certain manufacturing companies - this makes it possible for more enterprises to participate in the tender and reduce the expenditure of budget funds. The law pays great attention to anti-dumping measures, as well as to banks that want to act as a guarantor of a competitive application: from January 1, 2018, the participating bank must have a rating of at least “ruBB-” (“Below average reliability” on a comparative scale of credit ratings).
Organizers commercial tenders are commercial structures. They have the right not to post information about the competition according to a single scheme, and also independently determine what the tender procedure will be - it is not regulated by law. All that is required from a commercial customer is not to contradict the Civil Code of the Russian Federation with their actions and comply with Law No. 135-FZ on the protection of competition.
Among the various types of tenders, the following also stand out:
- contest- carried out when the services required by the customer are difficult to perform (for example, construction of a metro, stadium project, etc.). In this case, the performer is required not only to have high professionalism, but also to have a certain financial stability. The customer sets several key criteria - and price in this case does not play a major role - based on the results of the competition, choosing the contractor who most fully meets all the requirements. The competition can be held in two stages: at the first stage, the technical task will be selected, at the second stage - the company that will fulfill it best;
- unlike the competition, the main criterion auction is precisely the price. It is held openly, and each participant can change the price during the event, focusing on competitors’ offers;
- Another method of procurement, during which the customer focuses mainly on price, is request for quotations. The amounts in the request for quotes, as a rule, appear small, and other criteria are rarely taken into account, which makes this method one of the most efficient;
- request for proposals gives the organizer the opportunity to evaluate not only the cost of potential services, but also the qualifications of the proposed performers, that is, to study the situation on the market even without ordering services (they can be refused);
- special type of tender - purchase from a single supplier: It applies when the customer makes a direct offer to enter into a contract for the supply of goods or services to a specific contractor. Such procurement is carried out strictly in accordance with laws 44-FZ and 223-FZ and is always under the strict supervision of the FAS.
Interesting fact
The first attempt to hold a tender in Russia dates back to July 7, 1654 - then Tsar Alexei Mikhailovich signed a decree on the need to deliver crackers and flour to Smolensk. The decree specified both the required quality of products and delivery times, as well as their price.
Documents for participation in the tender
There are two types of documentation that you need to study to participate in the tender.
Tender documentation
This type of document describes the conditions of the competition, requirements for participants, rules for submitting applications, and much more. The tender documentation is freely available - it is attached to the tender announcement. Before submitting an application, in order to complete it correctly, you must first carefully study the competition documentation, pay special attention to what it contains: if you miss some little detail, your application simply will not be accepted. Or, even worse, the application will be accepted, you will win the competition and only then will you realize that you did not take into account some point and cannot fulfill the conditions.
Documentation required to participate in the tender
A company wishing to participate in the competition attaches this package of documents to its application. It provides you with direct participation in the tender itself.
Typically this package includes:
- application for participation;
- an extract from the Unified State Register of Legal Entities or a copy thereof certified by a notary. The certificate must be no older than six months;
- the charter of the enterprise, minutes of the meeting to elect a director or a notarized power of attorney for the director’s representative or another document confirming the powers of the participant;
- notarized copies of constituent documents;
- declaration for the past year;
- copies of contracts or other documents indicating the participant’s compliance with the requirements stated by the organizer;
- bank guarantee certificate;
- Commercial offer.
Sometimes certificates or other documents confirming the quality of a product or the right to provide a service are also required.
This list of documents is determined by Federal Law-44 and is necessary for participation in government tenders. But when conducting commercial tenders, the customer has the right to demand additional papers - a company presentation, recommendations, documents confirming that the company has already participated in tenders, etc.
Bank guarantee for participation in the tender
This document is a kind of pledge, an obligation of the bank to pay the customer a certain amount if the winner of the tender refuses to sign the contract. Only certain credit institutions have the right to issue such a guarantee. But from July 1, 2018, their number began to decline as the requirements for banks changed. Such services can be provided only by credit institutions that have:
- universal license;
- the volume of own funds (capital) in the amount of at least 300 million rubles;
- confirmed credit rating from “B-(RU)” by the ACRA agency and from “ruB-” on the scale of the rating agency “Expert RA”, assigned by the Bank of Russia as of the date of sending the information;
- absence of overdue debt on bank deposits previously placed with a credit institution at the expense of federal budget funds;
- participation in the system of compulsory insurance of deposits of individuals.
Registration and submission of a tender application
First of all, you need to decide on an electronic platform (ETP) - an Internet resource where auctions are held. Having chosen a site and a competition, carefully study the competition documentation, collect a package of papers and prepare the application itself. Don't forget to also get an electronic digital signature (EDS). Like a regular signature, it protects the document and gives it legal force. Having all this in hand, you can get accredited at the ETP and submit an application to participate in the tender. The application is drawn up in the form given in the tender documentation, and the package of documents required by the customer is attached to it.
The customer sets the deadline for accepting applications. According to the law, in cases where the contract amount is more than 3,000,000 rubles, this period is at least 20 days from the date of announcement of the opening of the tender. If the amount is less than 3,000,000 rubles, then it is at least 7 days. But the exact dates are indicated in the competition documentation. Before the deadline for accepting applications, you can make changes to your application or withdraw it altogether.
Presentation and summary of results
Very often, customers request from individual companies a presentation that will present all the benefits of cooperation, features of the provision of services or products. It should be short, but understandable and succinct, equipped with visual materials, infographics, specific facts and calculations. Ultimately, it is a competent presentation that can win a potential client over to your side.
After submitting an application and making a presentation, all that remains is to wait for the results of the tender. The summing up protocol is published by the customer on the electronic trading platform within three days after its preparation.
Participation in tenders is available to everyone - both giant corporations and small startups. There is an opinion that small businesses cannot afford tenders, but this is not true: of course, some investments will be required, but the income, if won, will completely cover them, and the expenses are actually not that high. For example, securing an application and participation in a competition can also be provided in the form of a bank guarantee, so the company does not necessarily have to withdraw these funds from circulation.
How to obtain a bank guarantee to secure an application for participation in the competition?
We addressed this question to Andrey Tyurin, an expert at KSK Group, a large company in the field of legal and auditing services:
“KSK Group has been providing a wide range of consulting services for a quarter of a century, among which assistance in attracting financing has always been in demand. Recently, our experts have noted that in most cases, entrepreneurs prefer to finance an application for participation in a state tender by issuing such a universal security instrument as a bank guarantee.
However, obtaining a bank guarantee only at first glance seems like an easy task. Choosing a bank that will treat the client’s problem with understanding and will be able to issue an appropriate guarantee is a matter that is best left to professionals. The point is not only that the requirements of different banks differ markedly from each other and therefore require a comprehensive analysis. In most cases, the process of agreeing on a transaction is complicated by the presence of hidden fees and commissions that the bank imposes, mentioning them directly during the negotiation process. Thus, the initially attractive conditions of the lender may turn into unsatisfactory ones upon detailed discussion. Accordingly, the deal will be disrupted, and the time spent on collecting and processing bank documentation will be lost forever.
When contacting KSK groups, our experts take on this part of the work themselves, selecting a credit institution that meets the necessary conditions. Since over many years of successful work in this area, KSK groups have formed their own pool of trusted partner banks, we send the application directly to the selected bank in order to solve the problem facing our client as completely as possible.
Structuring the transaction, carried out by specialists from KSK Group, allows us to resolve all controversial issues. The most important issue is the approval of collateral, on the basis of which the bank sets the size of the guarantee amount, the validity period of the guarantee, and its cost. With the assistance of KSK groups, it is always possible to achieve individual conditions in terms of providing collateral and ultimately obtaining a bank guarantee at a lower interest rate or for a longer period than the market average. Many years of experience and partnership allow us to negotiate directly with the bank’s management, which significantly speeds up the process of reconciling controversial issues and making a final decision.
Since we understand that it is important for the client to obtain a prompt solution to the problem facing him, the entire scope of work is carried out in the shortest possible time. In many cases, KSK Group ensures the issuance of a bank guarantee within 24 hours. And of course, our company does not practice the use of hidden fees and unreasonable overpayments. Moreover, regular customers can always count on pleasant discounts and bonuses.”
P.S. More detailed information about the company’s implemented projects can be obtained on the website. You can also request a free initial consultation here.
