What is a tender? Types, preparation and conduct of the tender. Conducting tenders: rules and procedure for participation in electronic tenders Tenders basic concepts

Speaking about the current state of the classification of tenders, it is worth highlighting the main grounds on which it is carried out - this is the composition of the competitors, the number of stages of the tender procedure, as well as the specifics of admission to participation in the competition.

According to the composition of the contestants, all tenders are divided into:

1. Open. Absolutely all companies and enterprises related to their professional activities in the very area in which there is a need to fulfill this order have access to them. The organization of these tenders is subject to public announcement, which is implemented by placing notices in various media. As a rule, there are a large number of applicants for participation in open tenders, which allows obtaining more favorable contract terms.
2. Closed. A limited number of organizations participate in the competition - as a rule, these are fairly large-scale companies or groups of companies.
3. Limited participation. When organizing this form of tender, the customer exposes a set of requirements that the competitors must meet. Among them may be a specific country, the presence of a certain qualification level, and many others. dr.

By the number of stages, tenders can be:

• One-stage - are held without negotiations; an application is submitted simultaneously for being a member of the contestants and for winning the tender. After passing one stage, the winning company is determined.
• Two-stage - involves the preparatory and main stages. At the first stage of the tender, the bidders put forward technical proposals without specifying specific prices. The second stage marks the selection of the most advantageous offers, often the adjustment of certain points of the tender documentation and, finally, the announcement of the financial aspect - the price of each offer. At the end of the second stage, the winner of the tender is selected, a contract is drawn up and signed by both parties. But, it should be said that such a long and painstaking process is performed infrequently - only when drawing a tender for a very expensive and / or specific product / service.

According to the specifics of the admission:

1.General admission procedure
2. The admission procedure, providing for preliminary selection according to the level of qualification.

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• Availability. The possibility of remote participation in tenders, which allows you to simultaneously participate in many tenders.
• Openness. Any potential participant can familiarize himself with any auction, terms and procedure for their holding in the territory or industry of interest.
• Equality. The conditions for taking part in tenders are the same for everyone, which excludes the possibility of using the factor of the personal assessment of the participants.
• Transparency. Transparency allows all participants to equally see the course of trading, and the conditions on which an agreement has been concluded with the winner.
• Security. Possibility of filing an application with the FAS if the participant believes that the auction was conducted incorrectly.

What is a quote?

Tenders where absolutely everyone can participate. The winner is the participant who offered the lowest price. BUT, the contract price should not exceed 500 thousand rubles.

As part of the application for participation, you indicate only:

• the price of goods, works or services;
• your agreement to fulfill the terms of the contract, the draft of which is published together with the notice; *
• requisites.

* Pay special attention to the study of the contract, because you agree to fulfill all the terms of the contract, and you cannot make changes after the request for quotations has been made.

It is necessary to attach documents confirming that you are a small business entity or a socially oriented non-profit organization only if it is indicated in the notice.

fig. 1 Stages of a quote request

Advantages and disadvantages of quotes

Key benefits of requesting quotes:

• simple and quick procedure;
• no collateral required;
• providing only a quotation order;
• consideration and evaluation of applications takes place in one day.

It should also be borne in mind that the Customer has no right to demand the provision of additional documents and information. As a result, on the one hand, this simplifies the procedure for Suppliers, but the Customer remains uninsured against unscrupulous suppliers.

Disadvantages:

• the number of quotes carried out has significantly decreased (due to the ability of the Participants to be present when opening envelopes or opening access when submitting applications in electronic form);
• a large number of participants, so the price is everything.

What is an electronic auction?

An electronic auction is a bidding where the bidder with the lowest price wins. The auctions themselves are held on an electronic platform. Information about the auctions is communicated to an unlimited number of persons, placing it in a unified information system.

Auctions are closed and open, closed auctions are held only in cases where it is impossible to publish information about the tender and in this case specially invited persons are participants. Therefore, more often open auctions are held, both simple with bidding after consideration of applications, and more complex in which the participant submits an application in 2 parts. This auction is more efficient and transparent. Since the first part of the bids does not contain information about the participant, but only information about the technical characteristics of the subject of the tender. And the participants admitted to the auction are depersonalized. All information about the participant and its constituent documents is presented only in the second part of applications, which are considered after the auction.

fig. 2 Stages of the auction

What is a competition?

Bidding where the offer wins with the best contract execution conditions, i.e. In the competition, the criterion for evaluating the application is not only the price, but also the quality characteristics of the goods or the qualifications of the bidder, maintenance costs, delivery times for goods, work or services, etc. There are two main types of competitions - open and closed. And they are already divided into a competition with limited participation and a two-stage competition. Most often, open competitions are held. Closed tenders are used only in cases of delivery or performance of services, information about which is a state secret.

fig. 3 Stages of the competition

How to find tenders?

To find tenders of a specific type, we recommend that you use the search by templates of the Synapse.Pro service. You can also select individual sites, regions, customers, OKPD codes, benefits and many other conditions.

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

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

• you don't need a whole department of managers to conduct tender sales;
• budget organizations spend quite large amounts on purchases;
• bidding is the only way to sell something to the state;
• up to 20% of government purchases are intended for small businesses.
• to participate in the auction, you do not need to drain the advertising budget;

In simple terms, a tender is a competition in which a company selects suppliers of products or contractors on favorable terms. When determining the winner, the customer has the right to take into account many factors - the price, the timing of the task, the availability of qualified workers and equipment by the contractor. The participant offering the best conditions signs a contract with him.

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

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

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

Why did government and corporate customers gradually transfer tenders to electronic form? The fact is that:

• ETP covers a wide audience. Any entity with Internet access can take part in tenders.
• Trading platforms form registers of participants and trading history. These data are easy to conduct analytical research.
• Participants in contests undergo compulsory accreditation, which reduces the likelihood of encountering scammers.
• The trading platform interface allows you to quickly search for tenders by several parameters, including the type of goods and the location of the client.
• Electronic trading results cannot be faked, and custom tenders are visible almost immediately.

Types of tenders

To get an idea of \u200b\u200bwhat a tender is, it is necessary to consider the existing types of competitions. On trading floors and in the Unified Public Procurement Information System (UIS) on the website zakupki.gov.ru there are tenders:

• Open... Any subject who has correctly prepared an application can take part in them. As a rule, a lot of participants are recruited, so the receipt and consideration of proposals take several months.
• Closed... The customer sends invitations to a narrow circle of contractors who own the required qualifications, goods or equipment. This makes it easier to avoid the flow of applications from amateurs. Also, a closed competition is organized if:

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

The next way to classify tenders groups them according to the technology for determining the winners. Among the trades are:

• Contests... They are carried out if, when choosing a winner, they consider not only the price, but also other factors - the timing of execution, the originality of the technical solution. If only one application is received, the competition is considered invalid.
• Limited participation contests... They imply a preliminary selection of participants according to the availability of qualifications, equipment, material base. Trades are also considered void if there is only one bid.
• Two-stage competitions... Initially, performers offer their own ways of solving the problem without specifying a price. The customer chooses the most rational ideas and conducts the final bidding with the calculation of the project budget. Such tenders are needed if:

• the client is exploring the possibility of solving a non-standard problem;
• the customer cannot independently figure out the specifics of the work;
• the object of the auction is the constantly modernized equipment.
  • Auctions... A trading auction is a tender in which bidders place bids by lowering the initial contract price. The lowest bidder wins. The list of goods for the auction is specified in Order No. 471-R.
  • Request for proposals... Conducted after a failed auction and to justify the price of the contract. The customer collects commercial offers from contractors and publishes them in the EIS. Further, performers receive one day to improve applications.
  • Quote requests... Unlike other types of tenders, the request for quotations is carried out without collateral at a contract price of up to 500 thousand rubles. Each participant makes one proposal. The firm with the lowest price gets the contract.
  • Purchasing from one supplier... Conducted if any of the above types of tenders is declared invalid. In addition, the law provides for another 52 cases when purchasing from a single supplier is allowed. For instance:
• you need to perform work related to mobilization preparation;
• the object of the cakes is military equipment, which has no analogues in Russia;
• procurement is carried out in connection with emergencies;
• goods and works are purchased from enterprises of the Federal Penitentiary Service;
• the purchase of works of art from their rightholders is carried out;
• the object of the auction is products for state protection;
• medications prescribed to the patient by the commission are purchased;
• the performer is considered a monopolist in the industry.

Who can take part in the tender

The law does not provide for any restriction for entities with various forms of business wishing to participate in online tenders. The following are allowed to submit applications as performers:

1. Ordinary citizens. They have the right to register on electronic platforms and take part in tenders on an equal basis with businessmen, with the exception of limited tenders. Winners must pay personal income tax.
2. Individual entrepreneurs. They have some advantages: 20% of purchases are carried out among small businesses. But individual entrepreneurs may encounter obstacles, since they are not eligible to apply for tenders from law enforcement agencies.
3. Legal entities. They are responsible for obligations only with their authorized capital. But not only LLC, but also its founders are included in the "black list" when the contract is canceled. Therefore, many companies set up subsidiaries for trading.
4. Budgetary organizations. They are exempt from the obligation to pay the security deposit. In addition, in some tenders, FSIN institutions have advantages. However, state employees cannot spend the money they earn at their own discretion.
5. Foreign citizens and companies. Has the right to participate in auctions where there are no restrictions on the national regime. When accrediting on the trading floor, foreign entities are required to provide certified translations of statutory documents.

When figuring out how to participate in public procurement, you must first of all determine whether a participant has the right to be admitted to trading under the law. Refusal is received by applicants who:

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

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

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

How to find suitable public procurement tenders

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

Finding tenders from private companies is more difficult, as they are held on thousands of resources. Fortunately, most large tender sites are part of the ETP Association: its portal www.aetp.ru contains links to dozens of trading platforms. Here are a few of them:

Finally, an experienced businessman can participate in more than just tenders of Russia, but also in competitions of other countries: for this he will need the services of an interpreter and mechanisms for international settlements. It is unrealistic to list all the ETPs in the world, but you can get an idea of \u200b\u200bthem by following the links:

How to identify a dishonest tender

Newbies usually participate in all tenders in a row. But experienced entrepreneurs try to assess the chances of winning first. Unfortunately, many competitions for large sums are intended for "lured" suppliers, so outsiders don't even have to try to apply for participation in them. How to identify a negotiated tender:

• In the title of the competition, the name of the auction object is not indicated at all, it is indicated with an error or with Latin letters. It complicates search for tenders for the uninitiated.
• Product code according to OKDP is given without detailing or with incorrect units of measurement. An outsider will not be able to guess what exactly the customer needs.
• The delivery region is not specified at all or is specified with minimal accuracy. It is difficult to calculate the price in such conditions, since the logistics costs are unknown.
• The deadline for fulfilling obligations is inadequately short. This sign of a negotiated tender indicates that some of the bidders are already in the works.
• The contract price is several times overstated compared to the market price. Perhaps it already contains the amount of the bribe for the organizer of the tender.
• For some unknown reason, work must be carried out using rare equipment. Most likely, the contractor needed by the customer has this technique.
• Thousands of pages of tender documents should be reviewed in a short time. This can only be done by a participant who has familiarized himself with it in advance.
• The requirements for tenderers indicate the need for licenses or SRO permits, which are not actually needed for the declared work.

How to prepare for a tender

A tender is a responsible procedure involving transactions with large sums of money. It is logical that the first company that comes across will not be allowed to participate in the auction, and therefore the contractor must carry out some preparation:

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

What documents are needed for the tender

It is recommended to collect tender documents at least a week before the start of accepting applications and send them to the customer at the earliest opportunity in order to have time to make changes to them. During traditional trading, papers are stitched and sealed in an envelope, and when organizing electronic events, they are scanned and sent to the site operator along with a personal EDS.

What documents are needed to participate in the tender:

• company profile - name, address, phone numbers, passport data and TIN codes of the founders of an LLC or an individual entrepreneur;
• a certificate from the EGRIP or the Unified State Register of Legal Entities maximum two weeks ago;
• a copy of the certificate of registration of the SPD and the appointment of the TIN certified by a notary;
• copies of statutory documents for LLC;
• orders for the appointment of a manager and chief accountant for LLC;
• documents stating that the company is not liquidated and is not bankrupt;
• police clearance certificates of persons responsible for economic crimes;
• an extract from the Federal Tax Service on the absence of debts on payments to the budget and insurance funds;
• financial report for the last three years;
• consent to the transaction if the amount exceeds the limit specified during registration;
• evidence that the applicant is an SMP, an enterprise of the Federal Penitentiary Service, a society of disabled people or a non-profit organization (if there are advantages for them);
• documents on posting security or providing a bank guarantee;
• list of submitted documents.

Customers have the right to demand:

• copies of contracts with previous customers;
• a list of the material resources at the disposal of the contractor;
• recommendations from clients;
• proof of victories in other tenders;
• presentation of the company and its activities.

How to apply for a tender

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

• Written. Served in a sealed envelope in person or by registered mail. Nowadays, almost never occur, since all auctions are held on the Internet.
• Electronic. Submitted in the form of scanned copies through the ETP, provided with a digital signature of the entrepreneur.

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

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

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

An application for participation in an electronic tender is sent to the operator of the ETP in the form of two documents signed by the entrepreneur's EDS. Within an hour, the operator assigns her a serial number and sends a confirmation to the participant.

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

• Open a special account with an accredited bank and transfer money to it. The bank will block the collateral amounts during the auction.
• Get a tender loan. This method is suitable for entrepreneurs who do not have free funds to post collateral.
• Issue a bank guarantee. In this case, the financial institution assumes an obligation to pay the required amount at the request of the creditor.

How the tender is held

You cannot organize a tender without preparation. First of all, the customer must study the market situation and justify the initial contract price (NMCK). When he understands how much certain goods or services cost on average, he can proceed to the next stages.

How the procurement tender is conducted:

How is the procurement tender:

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

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

Stages of the tender:

Stages of the tender:

1. Bidders draw up applications, add the necessary documents to them, sign with their EDS and upload them to the trading platform.
2. The site operator contacts the banks indicated in the applications and asks the institutions to block the collateral amounts on the accounts of the applicants.
3. Upon the occurrence of the date and time specified in the notice, the contractors are authorized on the trading floor, connect to the auction and start submitting bids:
   • Taking into account their capabilities, the participants reduce the cost of the contract. The reduction step is 0.5–5% of the initial price.
   • When submitting an offer, the performer cannot name an amount greater than or equal to that which he indicated earlier.
   • The participant has no right to further reduce his offer if it is currently less than all the others.

1. The end time of the auction is set. If no new bids appear within 10 minutes after the last bid has been received, the auction ends.
2. Within an hour, the operator publishes the tender protocol on the trading platform, and also sends notifications to the customer and applicants.

How to refuse a tender

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

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

If the entrepreneur decided to win the tender and submitted an application, but subsequently changed his mind, he can also refuse to participate in the auction:

• To withdraw an application for participation in an auction, a message should be sent to the site operator before the auction begins. It will unlock collateral throughout the day.
• You can withdraw the application for participation in the request for quotations after the customer makes changes to the documentation or by sending a second proposal.
• You can withdraw a tender application before opening the envelopes or before unlocking access to documents on the ETP. Collateral is returned five days in advance.

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

• Just refuse to conclude a contract. As a result, the contractor will lose bail and will be included in the RNP lists for two years.
• Terminate the contract by agreement of the parties. This requires a good relationship with the customer, otherwise the latter may wish to punish the contractor.
• Use the terms and conditions mentioned in the agreement and legislation. For example, termination of the contract can be initiated if the customer:

• repeatedly disrupts payment terms;
• unreasonably refuses to accept products or works;
• does not provide the performer with the necessary information or materials.

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

How to win the tender for a beginner

Contrary to the prevailing stereotype, a newcomer may well be able to win the auction if he does not fight for expensive contracts with large suppliers. But you shouldn't rely only on luck. It is better to study the basic subtleties of participation in tenders on Government purchases:

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

What to do for the winner of the tender

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

1. After the publication of the tender protocol, the customer uploads an unsigned draft contract to the trading platform and into the EIS within five days.
2. The contractor examines the contract, and if errors and ambiguities are found in it, he transmits a protocol of disagreements to the client through the trading platform.
3. The customer considers the wishes of the contractor for three days, and then publishes a new contract (or an old one with an indication of the reasons why changes are impossible).
4. The contractor accepts the terms of the customer and within three days uploads to the site the signed EDS contract and the security deposit document.
5. Over the next three days, the customer also signs a contract using an EDS and uploads it to the EIS and to the trading platform.

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

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

Is it possible to dispute the results of the tender

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

• Federal Antimonopoly Service;
• Court of Arbitration.

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

• you can complain about incorrect tender documents before the bids from participants are closed;
• you can complain about the actions of the customer or the tender commission within 10 days from the date of publication of the auction protocol on the ETP;
• you can complain about the unlawful refusal to consider the second part of the application or to determine the winner before the signing of the contract.

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

Tenders and taxation

At first glance, it is profitable for entrepreneurs to participate in tenders: having no obligation to pay VAT, they can further reduce the price. But if they do not notice that the tax is allocated separately in the value of the contract, they will have to face a surprise in the form of deducting 20% \u200b\u200bVAT and turning the contract into a loss-making one. What to do in such a situation:

• If the subject of the auction by law refers to goods subject to VAT, the tax must be included in the value of the contract.
• If the client does not indicate the tax to the NMCK, and the VAT payer wins the auction, at the conclusion of the contract 20% will have to be deducted from the supplier's price, which is prohibited.
• A feature of tenders held by commercial companies is the comparison of offers from different participants, excluding VAT.

When participating in foreign tenders, performers have the right to set VAT at 0% and demand refunds from the state. An exception is the sale of oil, gas and gas condensate.

Conclusion

In principle, for an entrepreneur to work, it is enough to know what a tender is and how it is held. However, beginners should take into account that an excellent indicator in sales is the ratio of the number of won competitions to their total number within 25-40%. At the same time, many novice businessmen apply for two or three tenders, lose them and abandon the idea of \u200b\u200bparticipating in the auction altogether. The solution to this problem is simple: you just need to show perseverance and perseverance in achieving the goal. With the first victory, self-confidence and a positive reputation will appear, which will contribute to further successful activities.

For Russia, the term "tender" is new, although the procedure itself, the description of which it serves, has been used for a very long time.

Its domestic synonym is auction. Despite its wide distribution in business circles, it has not yet received its consolidation at the legislative level in the Russian Federation.

For the first time such a definition appeared in 1993, after the adoption of UNISRAL Model Law, using which states were able to reform their legislation regarding procurement procedures in order to ensure normal, as well as to achieve fairness and objectivity in the course of procurement.

The use of this international legal act in legislation on procurement is intended to ensure in the countries where they are applied, the maximum efficiency and economy in the implementation of this procedure.

Tender is the selection of proposals for the supply / purchase of products / services / works on a competitive basis, in accordance with pre-established conditions.

It is held over a period of time and is carried out on the basis of the principles of competition, equality and efficiency.

The organizers of the tender can be government and commercial structures, as well as entities with property rights.

Any natural or legal person is allowed to take part in the event, whose funds and direction of activity allow them to fulfill their obligations under the terms of the tender agreement.

The tender package is purchased by potential participants at a set price or provided free of charge if there is an unofficial procedure.

Kinds

The classification of tenders provides for their division by characteristics. Depending on the purpose, they can be focused on buying or selling.

In this case, the winner is determined immediately after consideration of all applications, after which a contract is concluded with him.

The second option is used when searching for a contractor for orders related to large-scale engineering and design work, scientific research, and others.

In such a situation, the participant first provides the customer with technical information regarding his ability to fulfill the established conditions and, after consideration by the organizer, proceeds to determine the price.

Depending on the organizer, tenders are:

• state (regulated by Federal Law No. 44) are characterized by strict requirements for the selection of participants, planning and reporting on completed public procurements, the presence of a ban on certain types of purchases, etc.
• commercial are distinguished by the lack of legislative regulation and the possibility of independent establishment of trading rules;
• purchases by individual legal entities (regulated by Federal Law No. 223) is the most problematic category of tenders, since, despite the rules established by law, the persons conducting them are also endowed with the opportunity to independently develop their own provisions, which often leads to inconsistencies in actual and legal guidelines.

It should be additionally noted that, depending on the scale of the enterprise that the customer is going to make, tenders can be divided into official and unofficial.

If the amount of bidding is small, then carrying out full-scale activities to find a contractor is economically inexpedient. In this case, the customer simply notifies potential participants about the possibility of fulfilling his order, and after considering the announced candidates, he chooses the most suitable one.

A very interesting form is the request for quotations and proposals. Their customers are carried out in order to analyze the prices and technical capabilities of potential contractors.

The information obtained can be used to draw up an optimal tender package, etc.

Features of the organization of an official tender

The official tender may differ slightly in the procedure for conducting, depending on the organizer, but in general it has more in common.

Its main feature and difference from unofficial bidding is a specifically established procedure for conducting and passing, determined directly by the customer himself and corresponding to the legislation.

It includes the following items:

1. development by the tender commission of all criteria for a future project;
2. posting information about the upcoming tender with the possibility of providing a tender package;
3. submission of applications by potential performers, accompanied by the relevant documentation, which serves as their basis for the execution of the placed order;
4. consideration of applications by the organizer;
5. selection of the winner and conclusion of a contract with him.

In order to protect themselves in advance from an erroneous transaction, some companies require participants to provide bank guarantees.

This requirement always applies to government procurement tenders..

Classification of tenders by admission of participants

According to the admission of participants, tenders are divided into open and closed.

The first type provides for complete publicity regarding participation information.

Information can be posted both on electronic trading platforms and in the media, on network portals and in other sources. As a rule, there are no restrictions on filing applications.

The second, on the contrary, implies confidentiality. The circle of participants in this case is small.

The need for a closed tender may be dictated by considerations of state security, or the price for the organizer's order itself is so low that it does not justify holding a large-scale tender.

What is electronic trading?

Electronic tenders are carried out on special platforms on the Internet. There are a lot of them on the network.

Among them there are 5 official trading platforms where government tenders are organized.

The procedure for conducting such events (electronic) is not much different from the traditional one. Participants are required to provide similar documentation, the organizers are required to collect and process information, etc.

The activities of such resources and the order of events taking place within their framework are regulated by the legal norms of the Russian Federation.

So, there are a huge number of tenders, and the emergence of each of them is a consequence of a certain need for a particular market niche.

It is safe to predict that their number will grow steadily.

As for regulation at the legal level, the state policy in this regard is aimed at ensuring conditions for healthy competition and saving budget funds.

Despite the fact that public procurement tenders are held in more stringent conditions than commercial ones, the opportunities provided by the state often turn out to be wider for their executors.

FAQ

Having learned about such an event as a tender and how to participate in it, you can proceed to the registration and submission of documents.

The list of documents is determined by the customer himself, but there is a basic package that is required in any case. It includes:

1. application, which is certified by the head of the enterprise;
2. application and attached presentation with information about past projects;
3. an inventory of the documentation that is in the package;
4. copy of TIN certified by a notary;
5. certificate of state registration;
6. a certificate confirming the absence of debt to the tax service;
7. financial statements of the company for the past three months.

Besides, the customer can include a clause on securing the application... This suggests that the applicant must deposit a certain amount in advance, which is no more than 5% of the total contract amount.

Such actions are confirmation of the contractor's intentions to fulfill the order. The transfer of these funds confirms the payment order, which is submitted for consideration with a package of documents.

This deposit will be withheld in the event that the participant decides to evade the execution of this order after he is selected as the executor. All applicants are refunded their invested amount after the competition is completed... This also applies to those participants who prematurely withdrawn the application.