What is a tender: in detail with examples. Tender purchases. Advantages and problems Tender supplies

What is a tender - the essence of the conduct. Classification into 3 types + 5 areas for tendering. How to participate in the auction - a list of documents + 5 government + 10 commercial online services.

By itself, such a concept as "tender" has never been designated in the legislation of the Russian Federation.

Since this word has a foreign origin (and it is translated as “proposal”), there is reason to assume that the very idea of \u200b\u200bits implementation came to the territory of Russia from the West.

For today, tender is an opportunity for several enterprises to compete for the right to provide goods or services to both private and state enterprises.

Also in legislative documents, this process is often referred to as bidding.

The essence of the tender: 3 easy steps

The entire tender process can be reduced to 3 consecutive steps:

1. Customer (public or private enterprise) holds a competition for the best offer (provision of services, delivery of goods, performance of work) with parameters set in advance and conditions for concluding a transaction.
2. From various companies applications are received, which are then viewed, but themselves firms are checked for authenticity.
3. After analyzing the proposals received, customer chooses the company that interested him the most with its conditions.

   He signs a cooperation agreement with her.

What are tenders: classification into 3 types

Basically, tenders are of two types - closed and open.

Also, some experts identify the third type - special tenders, in which only certain applications can participate.

Let's take a closer look at each format.

1) Tenders "by invitation"

Closed tenders consist only of certain companies that are invited by the organizer of these auctions.

The "pass" to participation may depend on the following characteristics:

• the status of the company in the market;
• the image that she has created;
• other similar indicative moments.

Also, the feature is that the list of participants is not disclosed.

It is known exclusively to the customer (ideally) in order to exclude the possibility of collusion between these companies.

Usually from 4 to 6 companies participate in a closed tender.

Another advantage of the closed nature of such events is that none of the competing firms suspects what conditions the other may offer.

Based on the factor of uncertainty, enterprises themselves sometimes set more favorable conditions than those that they could offer by analyzing competitors.

2) Tenders in which everyone can participate

Open tenders - this is the case when the customer announces a competition, and everyone can take part in it.

The bidding notification is distributed through various sources:

• newspapers,
• internet newsletter,
• radio, etc.

Anyone can familiarize themselves with all the requirements for participation.

The main advantage of this format is that participants can familiarize themselves with the materials of the competition and evaluate their chances of winning.

It is positive for the customer that he will receive a large number of applications. This makes it possible to choose the most favorable conditions among those offered.

It is important that the potential executor of the order is obliged to give a guarantee, which will be confirmed by the bank.

3) Bidding for people "in their own circle"

Specialized tenders with limited participation - this is how the auction is officially called, where a specific list of participants is not defined, as in closed ones.

But, at the same time, not all companies can participate in them.

Participation in these auctions is subject to special rules. For example, only those participants are allowed who are citizens of the country where this tender is being held.

In what areas are tenders held?

Tenders are held by both private companies and government agencies, so the range of areas is so huge that you can't count.

The most common of them can be cited, for example:

Heat power engineering.

In this area, most often there is a need to choose a material supplier.

The medicine.

In this activity, it is possible to conduct a tender, both for the purchase of pharmacology and for the purchase and maintenance of medical equipment.

Sphere of civil defense.

Service.

Everyone needs it: from choice to security companies.

1. Competitions are often held for development of entire residential areas.

How to participate in the tender?

Each tender participant is obliged to fill out an application. It is drawn up in free form, there are no established samples (except for cases when it is required by the conditions of a specific tender).

But there is something else important rule: all information must be confirmed necessary documents, according to.

Also, in the case of government orders, additional requirements are attached, which are regulated by law ...

In the event that not all the requirements and conditions are clear, any trading participant can fill out a request in a free form, to which he must be given an answer.

What documents are required from the customer?

Tender documentation plays a significant role - that is, the papers that, for their part, are required to be provided by the customers (remember the tendering scheme above).

The list of tender documents includes acts that must be attached to the invitation to participate. Without these documents, bidding will not be a full-fledged tender

Required documents when drawing up an invitation to participate in a tender auction:

• The conditions under which the company that wins this auction will provide the service or product.
• Customer invitation, in which the terms are specified or will be linked to.
• detailed instructions holding a tender.
• A bank guarantee, which is only needed under certain conditions.

What does the tenderer submit?

The potential contractor must also provide documentation about the enterprise:

• Statutory documents of your enterprise.
• A document that confirms the registration of the company.
• Company account data. They are needed because those enterprises that are on the verge of bankruptcy cannot be allowed to participate in the tender.
• Documents of a representative who represents the interests of the company taking part in the auction.
• If necessary, the organization must bring all licenses, if their presence / absence can affect the customer's decision.

The exact requirements for the attached documentation are put forward in accordance with the scope and type of services / goods.

Therefore, the list must be clarified by the participant in each specific case.

Online auctions and their benefits

The most profitable and inexpensive are electronic trading.

In essence, the system remains the same, but the process itself moves into the online space.

This format has a big plus for novice entrepreneurs, as it makes it possible to take part in the auction by finding it using a search engine.

Percentage of search for a contractor (supplier) using electronic auctions:

The 5 most famous electronic trading platforms:

1. Sberbank-AST for public procurement: https://www.sberbank-ast.ru
2. "National Electronic Platform": https://www.etp-micex.ru
3. RTS-tender: https://www.rts-tender.ru/about/news/PgrID/634/PageID/3
4. State Unitary Enterprise "Agency for State Orders, Investment Activities and Interregional Relations of the Republic of Tatarstan": https://agzrt.ru
5. JSC "United Electronic Trading Platform": https://www.roseltorg.ru

The mechanism for conducting a tender using the Internet is greatly simplified. However, this statement is only relevant for government auctions.

In the case of private firms, in order to find the desired auction, you need to scroll through more than one site.

Unfortunately, there are no dedicated network sites for commercial tenders.

But finding one, if desired, will not be a big problem. Search parameters in this case depend directly on the purpose, scope of services or goods.

As an example, here is a list of several commercial online auction services. These mainly include procurement tenders, such as:

1. Sberbank-AST for commercial purchases: https://utp.sberbank-ast.ru/Com/NBT/Index/0/0/0/0
2. "ONLINECONTRACT": https://onlinecontract.ru/
3. "Auction Competition House": https://www.a-k-d.ru/
4. SETonline: https://www.setonline.ru/
5. OJSC Severstal: https://www.severstal.com/rus/suppliers/srm/
6. "BashZakaz.ru": https://etp.bashzakaz.ru/
7. Tender.Pro: https://www.tender.pro/
8. "REGION-AST": https://region-ast.center/
9. "TRADING 223": https://torgi223.ru/
10. "Procurement Automation Center": https://etpcaz.ru/other

Does it make sense to hold a tender?

The idea itself seems interesting and progressive. Everyone abroad has known about this practice for a long time. The majority of Russian enterprises, both private and state-owned, have also switched to this system.

In general terms, the advantages of holding a tender can be discussed at length. However, there are many nuances that are directly related to the mentality of Russia.

It is worth considering the fact that most of such trades cannot be called objective. Moreover, the company that ultimately fulfills the order, if detailed consideration, turns out to be far from the most advantageous offer.

Nevertheless, they win the tender. In the case of state auctions, an entrepreneur, in order to become a winner in a tender, simply needs to indicate the benefits to the decision makers.

Interestingly, when it comes to a private entrepreneur, he will rarely show the same policy. After all, he is the owner of this organization, and is personally interested in obtaining quality at a reasonable price.

Unlike the standard method of conducting an auction, an online tender is one of the most transparent, because most of the information about an order is displayed during a regular search on the Internet.

And only in special cases does this require certain access.

In order to participate in the tender, you need to submit an application.

How to prepare it correctly, see the video:

Conclusion on what is a tender?

Naturally, this process has many advantages.

But all of them are real only under the condition of fair bidding, the availability of transparent conditions, as well as the desire of a representative or an enterprise manager to choose the really most favorable conditions.

What is tender, and how to benefit from this, everyone understands in their own way.

But initially it is one of the most convenient mechanisms for entrepreneurs to find each other for further cooperation.

The transition of such processes to electronic form simplifies the solution of many business problems. Indeed, in order to participate in an online tender, it is not necessary to "spin" in certain circles.

It is enough to know a couple of services with electronic auctions, and be able to use search engines.

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Probably, almost everyone who is engaged in their business has heard about electronic trading platforms (ETP). Now (ETP) are one of the effective means of developing their business both for persons who are customers of certain goods and services, and for suppliers who can supply the requested products or provide the necessary services.

Some entrepreneurs have already mastered the functionality of electronic platforms and are actively working on them, finding new customers for their business. Others, on the contrary, hear for the first time about the opportunity to find a customer through participation in tenders on the ETP.

How to get to one of the existing ETP? How to participate in tenders? Today we will start a new block of articles in the section devoted to participation in competitions on the ETP, in which we will try to answer the main questions.

What is tender

Those of you who have at least once encountered the topic of work on the ETP have heard such words as "tender", "competition", "auction". Here you should immediately understand the terms. So let's start with the concept of "auction". An auction is an open competition between several bidders. Remember the usual auctions for the sale of some valuables. What does it look like? Any participant can name the price, information about the price is available to all other competitors, each of them can offer a better price. The auctions on the ETP are held in the same way, the auctions are either going down or up. The action logic is simple:

• if the auction is announced for the fulfillment of any request, then it is more profitable for the customer to accept the smallest offer - this is an auction for a decrease;
• if the auction is held to sell the property of a bankrupt, then it is more profitable for the seller to sell it at a higher price - this is an auction for an increase.

Thus, price is of decisive importance in summing up the auction results.

The situation with the tender is completely different, since the tender is a competitive selection best offer based on the best possible conditions for fulfilling the customer's request for the supply of any goods, provision of services. The word "tender" in this situation is synonymous with the word "tender".

How the tender is held

1. The customer forms his request, stipulates its main characteristics and requirements for the contractor;
2. After drawing up the necessary documentation, the customer announces a tender for the fulfillment of his request;
3. Persons wishing to act as executors of the request and sign an agreement with the customer prepare and submit their applications;
4. The customer reviews all received applications and selects the winner;
5. Following the results of the tender, an agreement is signed between the customer and the winning bidder.

There are two main differences between a tender and an auction:

• The participant's proposal is assessed not only in terms of cost, but according to other criteria that are important for the customer - the proposal may not win the tender with the lowest cost, although the price still remains the main factor in choosing the winner;
• The proposal of a particular participant is not available to other participants, they do not know about the content of each other's bids - the customer, upon opening the received envelopes, can announce the prices of the participants in order to bargain, if this is provided for in the tender documentation.

Thus, the combination of all delivery conditions, expressed in the maximum benefit for the customer, is of decisive importance in summing up the results of the competition.

A little about the regulatory framework and the Zakupki.gov portal

So, tenders can be held by both authorities and commercial enterprises. Here you should familiarize yourself a little with the existing regulatory framework.

Those who thought about participating in tenders must have heard about government purchases. The sphere of public procurement is regulated by the Federal Law No. 44-FZ dated 05.04.2013 “On contract system in the field of procurement of goods, works, services to ensure state needs". The customer in this case are organizations that are either state or municipal customers, plus budgetary institutions that make purchases using subsidies received from the budgets of the Russian Federation at different levels. Simply put, if you are going to participate in public procurement, then your customer will always be the state - in one form or another. The result of participation in tenders related to public procurement will be the signing of a government contract (municipal contract). This should be well understood, and it is even better to familiarize yourself with the law in detail, since after the conclusion of the state contract, the winner bears certain obligations.

In addition to this law, there is one more important normative act - FZ No. 223-FZ dated July 18, 2011 "On the procurement of goods, works, services separate types legal entities". This law regulates the conduct of requests for proposals from such customers as: state corporations and companies with a state share, natural monopolies and other persons in accordance with paragraph 2 of Art. 1 document. Based on the results of tenders held under this law, the customer and the winning participant conclude a contract (agreement).

It turns out that if you intend to participate in public procurement or procurement announced by companies that are related to the state, then your actions will be considered in the light of these two regulations. Customers belonging to the above groups are obliged to carry out purchases for their needs in accordance with these regulations... Organizations operating under 223-FZ can additionally develop their own procurement regulations - internal regulations that take into account the characteristics of the organization. Information about tenders must be published on the official procurement portal zakupki.gov.ru.

The procurement portal zakupki.gov.ru is the official website of the Russian Federation, containing all information about tenders held in accordance with the two Federal Laws listed earlier. Here you can find: the regulatory framework, registers of procurement plans, lists of goods (works, services) that are purchased from representatives of SMEs, a register of state / municipal contracts, a register of contracts signed as a result of procurement, reporting on them, as well as other information that may be of interest to participants in public procurement. It also publishes a register of unscrupulous suppliers, which includes those who, after the conclusion of the contract, could not fulfill their obligations. If necessary, any customer or other counterparty can check the presence of your company in this register using the search function.

The information published on the Procurement Portal is available to everyone. Main function site is an opportunity for business representatives to find announced tenders of interest to them, as well as receive tender documentation.

Commercial tenders

Commercial companies that are not associated with the state also announce tenders for the purchase of goods, works, services to meet their needs. Such tenders are governed by the Civil Code of the Russian Federation and the internal procurement regulations of a particular company. Why is all this being done? If government agencies and organizations related to the state are obliged to carry out their purchases in the form of tenders, then commercial companies, in principle, can buy goods for their needs from whoever they want. But this approach is contrary to business principles, because the most advantageous offer should be accepted.

If the company independently searches for a suitable contractor, it can take a long time. The best option in such cases, there will be an announcement of the competition, posting it in the public domain and collecting applications from participants wishing to receive a particular contract. It turns out that this method of searching for a contractor is beneficial for both parties: the customer receives the most advantageous offer for himself, and the contractor finds a consumer of his services.

Participate or not participate

Does it make sense to participate in such purchases? In the comments to the article, for sure, someone will write that tenders are won by those who should win them, that purchases are announced for a specific supplier, who will definitely be the winner. Yes, let's not deny, such phenomena take place. Yes, the normative regulation of the procurement system is aimed at creating maximum transparency in the conduct of these procedures and eliminating the corruption component, but in Russian reality this does not always work. But, despite such moments, participation in procurement is one of the means of developing your business.

Participation in public procurement and commercial tenders is an opportunity to declare yourself, find new customers and cover new sales markets, it is an opportunity to conclude a profitable contract and make a profit. The goal of any entrepreneur is to make money, and participation in competitions provides such an opportunity. Now, to participate in the competition on the ETP, a computer, access to the Internet, certain workplace settings and an electronic digital signature are enough.

IN last years such a concept as tender purchases is often heard in everyday life. What does it mean? The concept itself appeared a long time ago and has the following meaning.

Basic conditions

Tender auctions are carried out by contracting companies, which can be both commercial and state enterprises... They announce a tender for the supply of any goods or the provision of various services... In other words, it is an auction, where several organizations compete for the opportunity to cooperate with the ordering company under certain conditions put forward by the latter.

The customer sets out all the conditions for future cooperation in detail in the tender documentation, where the main point is the timing of the delivery of goods or the performance of any work, as well as their cost. The whole process takes place in a highly competitive environment, but at the same time fairness and efficiency.

Who is in charge of the process?

The management of the ordering company creates a purchasing commission at the enterprise, which carries out the entire procedure. This body should be guided, first of all, by the Russian law on public procurement and other regulatory documents.

The Procurement Commission considers all proposals from participating firms received within the agreed period and makes a collegial decision on the appointment of an order executor. When choosing the department is guided by the terms of the tender and submitted offers. You can learn more about how the tender commission works.

It turns out that tender procurement is the purchase of goods and services, on the basis of a contract, at a minimum price and meeting all the requirements of the customer company. The procedure itself must be transparent, open and impartial.

Forms of conducting

Procurement on a competitive basis can be carried out in three main directions:

• request for quotations - conclusion of a contract after price analysis carried out with several suppliers at the same time;
• tenders - the conclusion of an agreement on several criteria: best price, terms, quality of goods, qualifications of the participant. The first number is assigned to the winner and announced as the winner. During the competition, the tender commission does not have the right to conduct any negotiations with the participants.

Tender procurement can be conducted openly, when all respondents to the proposal participate in the process. The customer must place all information in the media and on the Internet.

What is closed-type tender procurement? They are held when it comes to supplies for the needs of defense and state security, and a limited number of applicants who have previously received a personal invitation take part in them.

Participation in tenders and tenders: Video

The concept of "tender" has long taken root in procurement practice. This is a so-called competition, which is held by the customer (or buyer) among the suppliers in order to select the most acceptable offer.
What are the advantages of a tender when organizing procurement?

If we talk, for example, about tenders held by commercial companies, then they are necessary, because participation in them:

• gives significant savings - about 10-15% of the expected cost;
• increases the company's awareness in the market;
• gives a chance to get customers from other regions;
• secures you a winning position even if you lose the competition.

You win on several positions at the same time:

• firstly, save a lot of your time and effort (no need to endlessly ring up service providers - they themselves will vying with each other to send you favorable offers);
• secondly, you get the most advantageous offer both in terms of price and quality;
• thirdly, you have a complete idea of \u200b\u200bthe type of service you need (which means that you will not overpay).

In recent years, procurement practice has increased interest in tender purchases. But still, in some cases, the organizers of the tender do not have the experience and knowledge to achieve adequate savings in funds and resources, while the participants complain that in addition to "honest" tenders, there are "purchased" or "pseudo-tenders".
Competitive procurement technology seems simple only at first glance. In fact, there are pitfalls here that must be avoided.

A trap for customers, for example, can be a legally illiterate tender request. This is not about holes in the legislation, but about correct wording requirements to avoid their ambiguous interpretation. There are times when contractors manipulate incorrectly formulated terms, minimizing their commercial risks and price, which allows them to dictate their terms to customers. As a result, for the organizer the effect of the price reduction, which was the purpose of this tender, disappears.

Despite the recent spread of the term "tender", in procurement practice there is already a stable division of it into "honest" and "bought". In order not to get into a biased tender for contractors, there are several simple rules to distinguish fair tenders from "bought" or "pseudo tenders" known to any professional working in the field of tender support.

In general, tenders are an excellent opportunity to obtain professional experience, because it's better to study not theoretically, but by doing specific work for a specific client. In this way, many developing companies develop good experience, which is subsequently used as a working tool for participating in genuine tenders.

Another common misconception of the participants: "Everything determines the price." Choosing a supplier based on price alone is a very dangerous business. The people who make the decision are greatly influenced by either dumping prices (this should already be alarming), or the psychological impact of bidders.

There is also a slight difficulty in participating in procurement: the tender dictates the will of the customer, which means that when it changes, the terms of the tender will certainly change. In commercial tenders, it is not customary to dispute results, and there is no formal procedure for this. After all, there is no public interest in the productive use of the customer's funds, as in government tenders. Here the customer decides for himself what is productive for him and what is not.

IN large companies a large team of specialists works with the client who announced the tender. They meet with the client, study his problem, collect extensive information about the product (its properties, competitive brands), analyze the market situation, and only then prepare a response to the request for proposal.
Working without a team means building a building without a foundation. In no case should you agree to organize and participate in a tender without thorough preliminary preparation. Because, otherwise, the desire to save (or make money) can turn into an inversely proportional effect. It is no coincidence that the minimum training program on the basics of tendering requires at least 2 days, and the minimum course for public procurement specialists takes three weeks!

Currently, there are a large number of firms providing legal support for participation in tenders, competitions, auctions, where you can always turn for help.

If you are not completely sure of your competence in this issue, do not take risks - turn to professionals and you are guaranteed success!

What is tender

Today the term "tender" is widely used in russian business... But at the same time, as such, there is no definition of the concept of "tender" in the legislation. This term comes from the English tender, which means "offer". First mentioned in the model law on the procurement of goods, works, adopted by UNCITRAL on July 16, 1993 (). It contains definitions such as tender documents, tender proposal and tender security. The word "tender" in this context should be interpreted as an offer to participate in the tender. The modern economic dictionary gives the following definition: "A tender is an open competitive tender (open tender) or closed - for a limited number of participants (closed tender), a competitive form of placing an order" [BA Raizberg, L. Sh. Lozovsky, Starodubtseva E. B. "Modern Economic Dictionary" (INFRA-M, 2006)]. IN Russian legislation a similar definition is given to bidding, namely, in the Civil Code of the Russian Federation, bidding is understood as a competition or auction. However, at present, it is customary to understand the tender as other methods of selecting a supplier to conclude a contract.

The organizers of tenders can be both government customers and many commercial structures, and owners or holders of the right to property. And participants can be any legal or individualsable to fulfill their obligations.

The peculiarity of tenders is that this procedure makes it possible to conclude contracts on the most favorable terms for all parties. The organizer satisfies his needs by purchasing or selling with the best conditions at a favorable price. Participants get the opportunity to participate on equal terms in the competition.

Classification of tenders

Tenders are classified by different signs... Depending on the purpose of their holding, they are divided into tenders for sale and tenders for purchase. According to the procedure, they are divided into: tender, two-stage tender, auction, request for proposals; request for quotations, competitive negotiations and other procedures. According to the forms of holding tenders can be open and closed. Open form gives an opportunity to participate to everyone, in a closed one, invitations are sent to only a limited number of participants. Such a procedure is carried out when the contract is associated with a commercial or state secret, when the circle of participants in the sphere of the tender is small, or the costs of holding an open tender are not justified. A notice of tender shall not be subject to publication if information constituting a state secret is contained in the documentation or the draft agreement. When choosing an open or closed form of tender, the organizer of the tender should rely primarily on the current legislation. Also distinguish between tenders in electronic form and in "paper". In electronic form, purchases are carried out on electronic trading platform - "hardware and software complex of organizational, informational and technical solutions that ensure interaction between the customer and the tenderer through electronic communication channels" or by submitting an application signed electronic signature on email customer [GOST R 51303-2013. National standard Russian Federation... Trade. Terms and Definitions]. The specifics of conducting an electronic tender are regulated by law and local acts organizer.

It is advisable for the organizer to conduct competitionwhen the subject of the contract is something technically complex, for example, project or construction worksrequiring highly professional specialists, and when an important criterion is financial stability performer. In this case, qualification and quality criteria are established, according to which the participant of the tender who has offered the best conditions for the execution of the contract is selected. When holding a tender, the bid price may not play the most important role. If it is difficult for the customer to formulate clear requirements, then he can conduct a two-stage tender, where at the first stage the appropriate technical task, and on the second - a participant who is ready to perform it.

Auction should be done when price is the only criterion. Distinctive feature This type of bidding is that the participant can change his offer at the price during the auction period, analyzing the offers of his competitors. A similar method of procurement, in which the only criterion for selecting participants is set the price, is request for quotations (Customers can also give this method such names as request for quotation price or request for prices). However, it is customary to request quotations for small amounts, since First of all, this method is attractive for its efficiency and does not provide for a detailed assessment of proposals on other parameters. Request for quotes may have other names - request for prices, request for price quotes .

Among others, there is such a method as request for proposals ... It is not regulated by the Civil Code, as is the request for quotations. However, organizers often use this method. Request for proposals makes it possible to evaluate the participants not only by price, but also by qualification and technical components and, having considered the applications, refuse to conclude an agreement. This type of tender can be used as an analysis of the current market situation in one area or another.

Another type of tenders are competitive negotiations ... This type of procurement is the freest of all of the above, since the organizer practically freely chooses the best among the participants according to his preference.

In addition to the above, there are many other ways to conduct tenders: request to make offers, collection commercial offers, price monitoring, competition with limited participation and others.

State procurements

The procedure for holding tenders differs depending on which law regulates the procurement. All state tenders are regulated by the federal law dated 05.04.2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs." The organizers in such cases are state institutions, bodies state power or Rosatom corporation. This law strictly regulates the tendering procedure, establishing specific rules for the selection of participants. In addition, there is a rigid planning and reporting system for public procurement. To participate in a state tender, it is necessary to understand a single scheme for carrying out the procedure in accordance with the law. The customer is prohibited from establishing other requirements, other than those specified in the law No. 44-FZ. In addition, the Order of the Government of the Russian Federation of October 31, 2013 No. 2019-r approved the list of purchases of goods, works, services, which should take place exclusively through an electronic auction. For this, five official electronic trading platforms have been approved. Also, the law prohibits customers from purchasing goods of a certain brand and manufacturer, which makes it possible for a wider range of participants to apply for participation in the tender by providing various price proposals. Public procurement is aimed at economy and targeted spending of budget funds, so the price will often be of paramount importance. However, the law establishes a number of interim measures, such as anti-dumping measures, bid security and special requirements for a bank guarantee acting as a security for a contract.

Purchases by certain types of legal entities (according to 223-FZ)

Tenders that are regulated Federal law from 18.07.2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities", carried out by state corporations and companies, natural monopoly entities, state and municipal unitary enterprises, autonomous institutions, economic or subsidiaries, in the authorized capital of which the share of participation of the Russian Federation or the subject of the Russian Federation in aggregate exceeds 50%. The peculiarity of these tenders is that the customer independently develops his own procurement regulations, in which he prescribes the mechanism for conducting purchases and concluding contracts based on their results. The law does not define what types of tenders can be held by customers. Only the tender and the auction are indicated, but this list is currently open and the organizer has the right to come up with any methods of procurement and establish the procedure for their conduct himself. In order to participate in the tender, the applicant must first study the procurement regulations of the customer, then study the documentation and only then submit an application. But even after that, tenders are fraught with many difficulties. Firstly, Law No. 223-FZ defines adequate deadlines for filing an application only for the tender and for the auction, while the customer, for his own sake, can hold a tender as soon as possible, using other procedures not regulated by law. Secondly, the list of requirements that the customer may impose on the participants is not clearly defined. As a result, the customer often abuses this opportunity, limiting competition and prescribing excessive requirements. Thirdly, the documentation may establish immeasurable criteria for evaluating a participant's applications, and it is often difficult to determine which qualification requirements will satisfy the customer. In addition, the government provides for a list of goods, works and services that must be purchased in electronic form. This can be any type of procurement, applications for participation in which are submitted with an electronic signature, or the procurement must take place on an electronic trading platform. The difficulty lies in the fact that there are many commercial sites, and in order to participate it is necessary to be accredited on the very site where the customer places his tender. However, there are also positive aspects of participation in tenders regulated by Federal Law No. 223. Due to the difficulties that arise during the procurement, this market is not yet sufficiently developed, and on the way to victory, you can not meet so many competitors. Also, often the customer, due to the fact that he is not limited in establishing the method of procurement, can carry out a simple procedure for a large initial maximum contract price.

Commercial tenders

Commercial tenders are tenders in which any commercial structure acts as the organizer. They choose for themselves the conduct of a tender, since for them it is an excellent way to economically spend their own money... The legislation does not regulate the conduct of these tenders, the organizers have the right to carry out any procedures according to their own rules. Unlike the aforementioned tenders regulated by laws, the organizer has no obligation to post a notice of procurement in a single information system... In addition, the organizer is not administratively liable for violation of the tender procedure, if the organizer's actions do not contradict the current legislation (first of all, the Civil Code of the Russian Federation and Law No. 135-FZ on the protection of competition).

Features of government, commercial procurement and procurement by certain types of legal entities

In general, the regulation of government and commercial tenders is aimed at economy, targeted spending of funds and the development of healthy competition. However, government tenders, despite the strictness of the law, create softer conditions for bidders and provide more opportunities to participate in procurement. While commercial tenders and tenders regulated by 223-FZ, although they provide more freedom to the organizer and the participant, the existing difficulties often repel potential participants, which does not contribute to the development of effective competition.

Table 1. Comparison of government and commercial tenders

	Government tenders	Commercial tenders	Regulated tenders 223-FZ
Governing law	44-FZ, Civil Code of the Russian Federation (only tender and auction)	Civil Code of the Russian Federation (only competition and auction)	223-FZ, Civil Code of the Russian Federation (only tender and auction)
Purchase methods		Installed by the customer
Procurement procedure	Established by law, unchanged	Installed by the customer	Installed by the position of the customer, everyone has different
freedom of competition	The participant can offer an equivalent to the required product (according to general rule)	The participant is obliged to offer the required product	The participant is obliged to offer the required product (subject to antitrust restrictions)
Requirements for participants	Closed list of requirements		Each customer has its own list of requirements
The procedure for evaluating applications of participants	Established by law	Installed by the customer	Established by the position and documentation of the customer
Types of electronic procurement		Any procurement method specified by the customer	Any procurement method prescribed in the customer's position
Electronic platforms	5 approved electronic sites		Any electronic platform, for example a website

Thus, there are many types of tenders: purchase and sale; government and commercial; open and closed and so on. The emergence of each of them is due to the specific needs of the market, respectively, has its own characteristics in the order of implementation. Today, not only the number of types of tenders is growing, but also the number of tenders themselves, new areas for the application of competitive selection procedures are emerging: sale of state property, selection of a tenant, selection of subcontractors and many others.