Government orders for small businesses. What are the benefits small and medium-sized businesses receive when they participate in public procurement. State order. Dreams come true: Video

The Public Procurement Law has been in effect for over 10 years. However, many entrepreneurs are hesitant to apply for participation in tenders and auctions. These are unwarranted fears. The requests of organizations are very diverse, and the volumes of supplies, taking into account the total cost-saving course, are quite affordable for small businesses.

There are many entrepreneurs who successfully build their business on public procurement, but there are also many who find the ordering system too complicated. He simply does not believe in a real opportunity to get a "piece of the state pie" - and in vain. For all its shortcomings, it is more transparent than many other commercial schemes, and you can master it if you wish. At the end of the article, we will give an interview with the owner of the small business, whose revenue is 80% secured by government contracts.

Government purchases and government orders, regulatory documents

Main regulatory documents:

  1. No. 44-FZ dated 05.04.2013 - "Law on contract system in the field of procurement of goods, works, services for the provision of state and municipal needs».
  2. No. 223-FZ dated 18.07.2011 - "On the procurement of goods, works, services separate types legal entities».

All applicants for a state or municipal order for the supply of goods, provision of services or performance of work are equal before the law. This is the essence of the current rules that govern the conclusion of such agreements.

Customers of services, goods in the system are state, municipal:

  1. organs executive power;
  2. companies, corporations, natural monopolies (for example, Gazprom);
  3. autonomous, unitary enterprises; budgetary institutions;
  4. enterprises providing water, gas, heat supply;
  5. organizations with a share of state, municipal participation of more than 50%.

The supplier can be a legal entity of any form of ownership, individual entrepreneur - regardless of location, registration (since 2015 - with the exception of those registered in offshore zones). Customers are required to use competitive methods of selecting performers (Fig. 1). The winner is the participant who offered the lowest price, the best conditions. The government procurement rules for small and medium-sized businesses establish significant benefits, which we will discuss below.

General requirements to suppliers of goods, service providers:

  1. compliance with legal requirements and restrictions;
  2. no suspension, bankruptcy, liquidation;
  3. tax debt is not more than 25% of the asset value.

The entire procurement process, from drawing up plans to identifying suppliers and signing a contract, is carried out in a single information system - EIS (www.zakupki.gov.ru). To be fair, it should be noted that customers complain about its complexity even more than business representatives. The requirements for them are tough, and for violation of the order, such sanctions have been established that among civil servants the expression “fine on credit” has appeared.

In 2015, FAS Russia initiated 22,063 cases under the Administrative Code for violations of Law No. 44-FZ, issued instructions on fines - 18,966, and collected 158.3 million rubles. Of these, 6,425 cases were for the approval of procurement documentation, not meeting the requirements (5 469 fines); 5,237 - for violation of the procedure for selecting suppliers (3,452 fines). Data of the report of the Ministry of Economic Development.

How is the work of the ENI organized

Now the EIS works exclusively as technical systemby performing functions such as:

  1. formation, processing and storage of data on government orders;
  2. providing access to suppliers to submit applications;
  3. provision of exchange electronic documents with EDS.

From 2017 she will perform control functions: check whether the procurement plan corresponds to the volume of allocated state funding, and the terms of the concluded agreement - to the documentation for the application and protocols. Government customers will be required to carry out purchases strictly on schedule.

What information is posted by the customer

When making a specific purchase, he must enter the following information, including all subsequent changes:

  1. purchase notice;
  2. documentation, clarifications;
  3. draft agreement.

The term for making changes is 15 days, and when essential conditions change at the conclusion of the contract and in the course of its execution: price, terms, volumes - 10 days. The information is kept up to date.

Example of searching for information about placed contracts

Having opened the main page of the public procurement website (Fig. 2), by clicking the "Suppliers" button, you can view the complete register of placed orders and purchases. Below on the right is an exit to a list intended only for small businesses.

Let's give as an example the search results for several randomly selected queries:

  1. stationery - 5200;
  2. spare parts for cars - 3;
  3. medical supplies - 43;
  4. repairs - 800,000;
  5. audit services - 243;
  6. refueling of cartridges - 192;
  7. furniture - 74,000;
  8. repair of copiers - 703;
  9. IT services - 793;
  10. household goods - 2700;
  11. detergents - 3600;
  12. instruments - 7600.

Having selected, for example, a specific order according to the register - government procurement for small businesses, you can view the full information about the conditions by clicking the application number (Fig. 3).

Preferences for small and medium businesses

The participation of small businesses in public procurement is regulated by Article 30 of Law No. 44-FZ. It sets the minimum share for SMEs and SONPOs at 15% of the total cumulative annual volume of procurement placed. At the same time, they can be declared in any auctions and competitions, including closed ones and with limited participation - if they have a license or permit for a certain type of activity.

The customer can select applicants from among SMEs in two ways (No. 44-FZ):

  1. limit applicants directly in the notice, while the initial (it is the maximum) contract price should not exceed 20 million rubles (part 3 of article 30, paragraph 4 of article 42).
  2. establish a requirement for a participant (any) to attract SMEs as a subcontractor, indicating the amount of participation in% of the total cost; then the restrictions do not apply (part 6, article 30).

An enterprise, individual entrepreneur must comply with the conditions of Article 4, No. 209-FZ, July 24, 2007. Until August 1, 2016, the law is applied in the old version. After this date, all subjects of the NSR will be entered into a single register, which will be posted on the official website of the Federal Tax Service. This will allow customers to receive reliable information about the supplier. Currently, the applicant submitting only a declaration of conformity to the NSR.

According to the report of the Ministry of Economic Development, in 2015, 15% of the quota for participants - representatives of small and medium-sized businesses was fulfilled. Representatives of this segment received from the budget about 490 billion rubles only under direct contracts (without subcontracting). The head of the department himself (interview to the Kommersant newspaper) considers the figure to be overstated, but according to him it is not less than 400 billion rubles (Fig. 4).

The total number of applications in 2015 is 10% more than in 2014, and the average number of applicants for one order worth up to 10 million rubles increased from 2.6 to 3.5. The predominant method for determining a supplier (performer) is electronic auctions (56.6%).

Selection procedure for an electronic auction (EU)

The procedure for conducting ES is regulated by Articles 59 -71 of Law No. 44-FZ. When the customer makes a selection in this way, then the notice must indicate the following information:

  1. Internet address of the electronic site;
  2. the term until which applications are accepted;
  3. date of the auction;
  4. the size and form of participation;
  5. restrictions on participants (SMP, subcontracting);
  6. conditions for the admission of foreign goods.

Currently working 5 electronic platforms: CJSC "Sberbank-AST" (www.sberbank-ast.ru), JSC "United Electronic trading floor"(www.roseltorg.ru), State Unitary Enterprise" Agency for State Order "(www.zakazrf.ru), CJSC" Electronic Trading Systems "(www.etp-micex.ru), LLC" RTS-tender ". Three schemes are shown below that clearly reflect the process of conducting such auctions.

What you need to take part in the auction

Participation in the EU is free, but in order to have access to the auction, you must obtain accreditation at a specific site. To do this, the operator is sent a package of documents to in electronic format, signed by EDS (a separate one is required for each):

  1. standard form statement;
  2. extract from YUGRUL or EGRIPP;
  3. copy of the participant's passport ( natural person);
  4. copies of decisions, orders to the person receiving accreditation on behalf of the company;
  5. constituent documents of a legal entity (copies);
  6. INN, email address;
  7. a document confirming the authority of the head;
  8. decision on the right to commit major transactions (If you want to).

To understand in more detail how the public procurement business works, we present interviews with real bidders.

Interview with Galina Mishina, LLC "KCLR" Protex-Garant ", Novokuznetsk

Short information. The Kuzbass Center for Treatment and Rehabilitation has been operating since 1992. In all respects, it corresponds to SMEs, the number of employees is 39 people. Main focus: production technical means for disabled children: supports, tables, chairs, as well as orthopedic products and devices for the development of fine motor skills.

Since a significant part of such equipment is purchased through the Social Insurance Fund (FSS), the company is actively working on government procurement. Galina Borisovna answered several of our questions.

Hello Galina. Please tell me what share of your business does government procurement take? How long have you been with the EIS?

Government orders under contracts with customers account for 80-90% of all activities. The exact figure depends on the capabilities of the enterprise and federal funding for social programs. We have been working with them for a long time, since the day of foundation. Before the EIS, we also worked, but through paper media, which was very inconvenient and unreliable.

How is the work organized, how many people are looking for orders? What are the main problems?

Work on drawing up an application (technical proposal) and submitting it to the site, participating in an auction (or quotation), as well as checking and signing a contract is performed by specialists of the commercial department under the supervision of a lawyer. There are 4 people in the department, all have a legal or economic education. Each specialist is assigned to certain regions of the country, with which we work under government contracts. There are no special problems with accreditation and the formation of applications.

Who are your customers, are the prices very different? How many competitors do you have?

The customers are the branches of the FSS in the regions, the Ministries, which have been delegated the powers of the FSS to provide means of rehabilitation for children. They set prices themselves on the basis of 44-FZ. Sometimes the initial price is equal to the cost of the products and delivery to the place. In this case, we decide not to participate in the auction. If the price is acceptable, then we calculate to what price you can fall. There are, of course, competitors. Sometimes we ourselves are surprised when we see in the list those companies that buy equipment from us.

Is it difficult to work with government agencies? How do they meet payment deadlines? Are litigation frequent?

There are always problems, but not in payment, but in other points. There are those who do not understand that products are made for disabled children, and they are not the same. If they are targeted, taking into account all individual characteristics, then this gives a rehabilitation effect. The documentation, competently drawn up by the customer, is a half-completed contract; when everything is clear: what, to whom and what product. However, some of them make up a technical task of four lines and do not take into account the various pathologies of sick children. With them most often problems. The child does not need what is spelled out in the terms of reference, the recipient asks to change, but we have no right under the contract. And the customer doesn't care. So the pre-trial correspondence begins. There are few ships, but there are.

What do you think, can individual entrepreneurs, small enterprises participate in public procurement? There are real chances small business?

Enterprises should take part in auctions, this is the future. However, if the form of ownership of the individual entrepreneur, then one must remember that if the delivery time is violated, large fines will be imposed, and the individual entrepreneur (unlike LLC) is liable with all of its property. Therefore, before submitting an application, you must first study the supplier's obligations in the draft contract, which is attached to the documentation. If everything is in order, then go ahead!

Summing up.

When selecting suppliers for public procurement, small and medium business has legal advantages. Taking into account the solvency of the counterparty, entrepreneurs can plan their activities and reduce risks. Technically, mastering the procedure is no more difficult than the services of the Federal Tax Service, Pension Fund of Russia. Of course, any competitions and auctions have their own "tricks", but this is already a matter of experience. It is hardly worth resorting to the help of intermediaries offering services for the search for government orders, it is more practical to master the skills of working with the EIS and electronic platforms yourself.

In a financial crisis state procurements are one of the few life saving opportunities for private businesses. This is an opportunity not only to stay afloat, but also to get support for active development. Some experts are of the opinion that with the introduction of Federal Law-44, government orders for small businesses have become practically inaccessible.

How the system works

Declaring support for small business, the Government of the Russian Federation could not fail to consolidate the legal basis for such support in the legislative acts of the state.

In the field of public procurement, such support is reflected in those norms of the Law on the Contract System, which oblige government customers to give 15% of the monetary volume of all orders to small businesses. The implementation of these indicators is monitored through the mechanism for posting the relevant reports on the public procurement website.

As such, government agencies do not bear responsibility for non-compliance with this norm, but, according to the official regulatory authorities, low efficiency indicators of attracting small businesses to government orders negatively affect the assessment of the performance of managers of government agencies.

Thus, planning your procurement activities for next year, the state customer still allocates the necessary percentage of state orders for small business, and the main task of small business is to get this order.

Where to start

Entrepreneurs who have already gone through all the stages of participation in the procurement auction and have a certain number of defeats and victories in their track record on this path are advised to start with training. In each municipality (city, district or regional center, etc.) there are consulting and information structures for working with government orders.

A small business representative who wants to expand the market for their products by receiving an order from state or municipal structures has two options to start working in the field of public procurement:

  1. Hire a certified specialist who will be in the interests of the businessman to participate in tenders.
  2. To study independently or train one of the employees in the rules of working with electronic tenders.

The main plus of the first way is the ability to immediately start with your offers on the exchange. There are two main disadvantages:

  • high cost of services of a certified specialist;
  • lack of prospects for independent participation in tenders (it is impossible to count on the fact that a specialist will train one of the employees).

If we talk about the second way, then it has only one drawback: a novice businessman will need some period (perhaps a long one) to master the necessary intricacies of participation in procurement tenders.

The delay in receiving real orders is a serious negative point. But on the other hand, if an entrepreneur decided on such a postponement, the knowledge and skills that he acquires by comprehending the science of working with a government order will open up a new long-term perspective for the development of his own business.

Where and what to learn

Today there are several opportunities for small businesses to acquire basic knowledge in the field of participation in procurement tenders:

  • government courses at small business support centers (two- or three-day seminars give a general tour of government procurement and prepare the listener to acquire more specialized knowledge);
  • paid courses conducted by lecturers - professional bidders from both suppliers and customers;
  • paid and free webinars.

Each of these forms of education has its own disadvantages and advantages. Therefore, during the training period, it is recommended to use all sources of information to obtain necessary tools, which will make it possible to start earning money on public procurement as quickly and efficiently as possible.

If we talk about what an entrepreneur can learn by going through training, then these are, first of all:

  • the procedure for drawing up documents for obtaining an electronic signature and mastering the rules for using electronic digital signatures in their daily activities;
  • the procedure for accreditation on electronic procurement resources;
  • search for promising tenders;
  • the nuances of learning technical documentation customer;
  • preparation of proposals for participation in the auction;
  • execution of contracts;
  • challenging the customer's decisions with the FAS.

Each item of the presented program is considered taking into account those features that are inherent in representatives of small and medium-sized businesses.

Specificity of participation of small businesses

The main features of procurement by small businesses lie in the plane of financial and documentary support for participation in public procurement.

If large enterprise can afford to buy software, make deposits for participation in the auction and perform work or sell products in advance, then for small companies all these financial risks can turn into total collapse.

By the way, this is one of the main reasons why representatives of small and medium-sized businesses are in no hurry to get involved with the public procurement system.

What financial expenses an entrepreneur will have to bear when deciding to receive a state order:

  1. From 10 to 15 thousand rubles must be spent on the purchase of ETSF (electronic digital signature) and software for it.
  2. Equip according to modern standards workplace PC operator.
  3. To participate in electronic auctions, the supplier must contribute cash collateral, the amount of which is determined by the customer (from 0.5% to 5% of the contract amount), participation in the competition is secured by a bank guarantee. If the participating supplier has not won the auction, the fee must be returned to him within 5 working days from the date of the announcement of the auction winner.
  4. The customer shall pay for the work performed or for the delivered goods only after the supplier has fully fulfilled the terms of the contract. In fact, entrepreneurs fulfill the contract for their own money, hoping that the state or municipal customer will return this money.

In the process of training, representatives of small businesses receive information on how to assess the level of benefits from participation in tender purchaseshow to identify problem customers and how to defend your rights in the event that they have been violated.

Small businesses are often afraid to participate in government procurement: it seems that the procedure is complicated, collecting documents takes a lot of time, and it is unrealistic to win, because the winners are known in advance. We will debunk these myths and prove that public procurement is available to any entrepreneur if everything is done correctly. Biznes.ru has released the first detailed government procurement manual for small and medium-sized businesses.

The only stage of the state order, where it will be difficult to do without narrow-profile specialists, is settlements with the customer and financial statements. But these features are easy, they are inexpensive.

You will have to do the rest yourself. The good news is that things are not as complicated as they seem. Introducing step by step algorithm from practical advice, life hacks and experience of small companies that have won more than one government order. At the end of the article - a bonus: what to do if the customer does not pay money for the work performed, and how to protect yourself in advance.

Step 1. Decide on the scope of public procurement

Please note: a lot depends on what law the customer is working on. A customer who purchases under Law No. 44-FZ can choose absolutely any purchase item that he purchases from a small business. Each customer under Law No. 223-FZ approves and posts on the procurement website a list of goods, works and services that he purchases from small and medium-sized businesses.

Goszakupki.ru "," Supplier "

Most often, small companies are involved in procurement where you need to supply food or office supplies. Usually, it is more profitable for customers to work with a small business from their region or city than with a company federal level... Don't be afraid to participate in procurement. No matter what you produce or what services you provide, there is always a great deal for you.

Is it possible for a beginner to win? Of course. But for this you need to correctly assess your capabilities. Very often, we see that some participants reduce prices below the cost of the project. Yes, they win the tender, and then, realistically assessing their chances of success, they either try to supply products of inferior quality, or they evade the contract.

Before starting to participate in public procurement, determine the goods or services that you can offer to the customer. Choose the specifics that are familiar to you as much as possible - this will allow you to soberly assess how much you are ready to fulfill the government order and make a profit at the same time. Once you gain enough experience, you can expand your horizons and master new areas.

Valery Ovechkin, individual entrepreneur, expert on earnings on public procurement

I began to participate in government procurement with small amounts by the standards of government orders - from 300 to 500 thousand rubles. At that time I was involved in the event industry and organized major events in my city. Then I tried purchasing in other spheres, at first allied ones - renting a stage, lighting equipment, sound equipment. Then I moved on to areas that I had not yet dealt with: the supply of firewood, machine tools, chairs for large public spaces. The main thing that I realized during this time is that government procurement is a risky business, it is not a “magic pill”. Competitors are constantly added, there are risks of non-payments, but this is the largest market in the country and not making money on it is simply stupid.

Step 2. Find a tender

Small and medium-sized enterprises can participate both in purchases that are carried out exclusively for them, and in any other general principles.

Trading procedures are regulated by two Federal Laws - No. 44-FZ and No. 223-FZ. Under 44-FZ there are preferences for small businesses, under 223-FZ - for small and medium-sized businesses. In such purchases, customers are required to set limits for all other applicants for participation. The minimum volume of purchases per year for small and medium-sized businesses under 44-FZ must be at least 15% of the total annual volume of all purchases. For 223-FZ - not less than 18% (Clause 1. Art. 30 44-FZ and clause 5 of the Regulations approved by Decree of the Government of the Russian Federation of 11.12.2014 N 1352. Information on restrictions is indicated in the notice and procurement documentation.

According to 44-FZ, small businesses can also act as a subcontractor for large organizations that won the tender.

Note! According to Law No. 44-FZ, purchases are carried out separately only for small businesses and socially oriented non-profit organizations (SMP and SONO). According to Law No. 223-FZ - for small and medium-sized businesses (SMEs).

Public procurement notices are posted on the website zakupki.gov.ru. This is a unified information system (UIS) with information on purchases of all state and municipal customers, budgetary and autonomous institutions, unitary enterprises, state corporations and state-owned companies. It is easy to find procedures that are carried out separately for small and medium-sized businesses: click on the “Procurement from SME and SONO” tab on the main page of the EIS.

Competitors without small business status will not come to such purchases. This means a chance to win and get profitable terms you will increase.

The procedure itself, according to the results of which the supplier will be selected, is not carried out in the EIS. From 1 January 2019 the winners are determined by customers only electronically. All competitive procedures for small and medium-sized businesses are carried out at 9 large electronic platforms. To participate in them, you need to be accredited at the sites. For a list of these sites, see the table at the end of the article.

It is important for entrepreneurs who are just starting to master public procurement: before being accredited on the site, you need to register in the EIS. Until you enter information about the company in the register of procurement participants, you will not receive accreditation at the sites, you will not be able to participate in tenders and auctions.

Not all suppliers are aware of Berezka yet, also known as a single trade aggregator. It is especially useful for small businesses: in this e-shop, federal customers are obliged to choose their own sole suppliers. From March 1, 2019 they do all their small purchases here. Moreover, the entire procurement cycle takes place on this site: from the announcement to the conclusion of the contract.

Caution risk! Avoid bidding where the customer initially has his own contractor, and he prescribes all the conditions exclusively for him. The main signs are: too narrow or too broad conditions. For example, a product must be guaranteed for a period of 25 years with typical of this product 5 years. Getting involved in such a bidding for small companies means losing time, money and nerves.

Irina Sklyarova, chief Editor magazines "Goszakupki.ru", "Supplier"

For this, government procurements even have their own terminology, which appears in jurisprudence - "sharpening". This is when the customer prescribes non-competitive conditions in the contract that only his supplier can fulfill. If you have read the terms of the contract and understand in advance that the conditions are hardly feasible, and the purchase is deliberately sharpened, it is simply not worth participating in them... It is another matter if, according to the results, you see that the winner is clearly a figurehead, for example, he is not able to fulfill the order. You can fight this absolutely legally and legally. You have the right to file a complaint with the FAS. Complaints are considered for 5 days and an order is issued. If there are indeed restrictions on competition on the part of the customer, the FAS will issue an order to hold the auction again.

Anatoly Maslov, cEO IT companies Ensign

Even if you win in such a tender, the customer will not let you fulfill it - he will by all means obstruct the fulfillment, make demands in excess of the TOR and make claims on insignificant issues. There is a possibility that the customer will take advantage of the result, but will not pay, accusing the contractor of non-performance of the contract. This threatens with fines and loss of contract security. On one contract, we remained in the minus 300% of the stage price... It is difficult to insure against this if you want to participate in a large number of tenders. Of course, it is worth reading the TK, asking for clarification of the documentation as much as possible before submitting an application. And in no case should you rely on customer loyalty and think about the opportunity to meet halfway.

Alexander Inozemtsev, entrepreneur

I participated in a tender for the supply of training materials. Technical task It was very simple and in fact, for 2 million rubles, it was necessary to develop six games that would make it possible to find out which of the customer's employees copes well with their duties, and who should be transferred to another position. The yield from the tender could be over 100%. Already at the development stage, the customer said in plain text that it was not me who was waiting for me as an executor... The terms of reference were not specific, many points put me in an awkward position. As a result, the customer never accepted the job. I had to sue. Six months later, the court took my side, and the customer paid the money. Since then, I have firmly adhered to the rules of risk diversification: in no case invest in one tender, do not take trades with borrowed funds.

Step 3. Prepare documents for participation in public procurement

The package of documents must be prepared carefully: you can cut your way to the order if you miss at least one document or submit an expired certificate.

Three mistakes are most often made:

  • provide an invalid extract from the Unified State Register of Legal Entities (valid for no more than 6 months);
  • documents are not stamped with the organization's seal;
  • the documents are submitted by an unauthorized person. The right to submit a document belongs, for example, the CEO, executive Director... The rest must have a power of attorney that they have the right to represent the interests of the supplier.

Carefully fill out the application form No. 2 (information about the product). As a rule, the customer gives detailed instructions... You need to observe it on each item. In practice, due to an incorrectly completed application, about 50% of applicants are not admitted to public procurement.

In order not to make mistakes in the application form No. 2, hire specialists who have extensive practical experience in such work. They will carefully analyze the customer's documentation. These services are inexpensive on the market.

Along with the package of documents, provide the customer with the passport data of the head of the organization that participates in the public procurement. Formally, the electronic platform will accept them according to the rules only from January 1, 2019, while the law obliges them to be provided now. We recommend that you do this without fail, otherwise your application may be rejected.

Check if your organization or the director of the organization is on the registry of unscrupulous suppliers. The customer most often puts a requirement for the participants - absence from this "black list". If you are actively involved in procurement, one of the customers could have included your company in it, but you were not informed. You can check if everything is in order with the accounting department using.

If your company participates in an auction that is conducted exclusively for small businesses under Law No. 44-FZ, you must confirm your status with a declaration (part 3 of article 30 of Law No. 44-FZ). Participation in the status of small and medium-sized businesses under Law No. 223-FZ is confirmed by a declaration and information from the register of small and medium-sized businesses (clause 31 of the Decree No. 1352 dated December 11, 2014). In any case, you need to be in the register of SMEs: if the customer does not find your company on ofd.nalog.ru, he will reject the application.

Step 4. Prepare the application security

Securing the application is a kind of collateral for participation in the procurement. According to law No. 44-FZ with an initial contract price of 1 million rubles. and below, customers may not require security for applications. In purchases under Law No. 223-FZ with an initial price of 5 million rubles. and below, customers should not require security for applications.

How exactly to provide collateral - in cash or a bank guarantee, each participant decides for himself. If the customer requires to secure the bid, then the amount of the security must not exceed 5% of the initial maximum price of the tender. In purchases under 44-FZ with a "starting" price below 20 million rubles. the maximum amount of collateral is 1%.

If the procurement participant decided to provide the application with money, you need to open a special account in one of the authorized banks. Without this, there will be no access to trading. The bank in which you can open a special account, choose from the list Government orders dated 13.07.2018 No. 1451-r.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

Some small business owners are frustrated by the need to provide application security. And there is no need to be afraid. Even if you lose the competition, the security will be returned to you... The money for securing the application can be taken from the company's turnover or borrowed for a while. Such services are also provided on the electronic platforms themselves for a small percentage. Banks issue so-called bank guarantees at a low interest rate, and registration takes from 1 to 7 days.

Another opportunity to get money to secure an order is to take advantage of the possibilities of crowdfunding platforms. Here you can get the necessary funds to participate in public procurement without going to banks, while the procedure itself is simplified as much as possible. An example of such a platform is Penenza.ru.

Galina Kharnakhoeva, crowdfunding platform Penenza.ru

In 2017 and the first half of 2018 on Penenza.ru, we issued 14,000 loans to representatives of small and medium-sized businesses to participate in government tenders in the amount of RUB 14.7 billion. The most popular loans and, accordingly, state tenders are for construction and repair work, for the supply of food, drinks, clothing and other processing products, for services for the maintenance of buildings and territories, security and other administrative and economic services. The most common loan for participation in a state tender is for an amount of up to 1 million rubles... Peak requests are in April and November.

Step 5. Go through the public procurement procedure

From January 1, 2019, all trades under Laws No. 44-FZ and No. 223-FZ will be conducted exclusively in electronic form. This will make the procedure more transparent and fair.

All purchases for small and medium-sized businesses are carried out only in a competitive way in four forms: competition, auction, request for quotations and request for proposals. To find out exactly how each procedure goes, click on the orange blocks:

How is the competition in electronic form

  1. The customer makes the purchase in the schedule.
  2. The customer prepares a draft contract, which includes a mandatory payment condition for the contractor.
  3. The customer places in a unified electronic system a notice, procurement documentation and a draft contract.
  4. The customer accepts applications from procurement participants. The procedure takes place in two stages. At the first, participants submit quotations, reducing the initial contract price. At the second stage, all participants, except the leader, have the right to improve their price offers. After the competition at the site has passed, the results are sent to the customer. They are considered by the commission of the customer. If the leader's application meets the requirements of the documentation, the customer recognizes him as the winner.
  5. The parties conclude a contract. This happens after the winner has deposited the contract security - from 5 to 30% of the initial contract price. The contract is signed on the electronic platform.
How are the auction and request for proposals in electronic form?
  1. The customer places a notice in the unified information system and indicates the timing of the stage. All auction participants are presented with the same qualification requirements, which prescribes in the procurement documentation.
  2. Participants fill out applications, prepare documentation. In this way, they confirm that they meet the qualification requirements.
  3. The customer rejects applications from companies that do not meet the established requirements.
  4. Eligible participants submit their quotations. To do this, on the set day and time, they enter the electronic platform and take part in the electronic auction or request for proposals.
  5. The winner checks the customer's draft contract, signs it with a qualified electronic signature and, together with a bank guarantee or payment order, sends it to the customer through the operator of the electronic platform.
How is the request for quotations in electronic form?

An important difference between a request for quotations and other forms of bidding is that a company does not need to have a bid security to participate. In addition, the organizer does not have the right to demand from the participant any documents, except for the application in the prescribed form.

This form implies that the contract is received by the participant who will offer the lowest price for its implementation. The contract price should not exceed 500 thousand rubles. The customer shall place the notice of the bidding in the public domain.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

There are situations when at the last stage the supplier realizes that he cannot participate in the tender. For example, you planned to supply a product whose price is tied to the dollar exchange rate. All documents were submitted, an application for bidding, but suddenly the dollar rate jumped seriously. You understand that this government order will become unprofitable for you and you will not be able to fulfill your obligations. How to avoid the consequences in this case? You can refuse to continue to participate in the auction, but in this case you will lose the amount that you transferred as security for the purchase... But, more often than not, it's better than not fulfilling a million dollar contract, pay penalties and forfeit and get into the register of unscrupulous suppliers.

Step 5. Submit a complaint to the FAS if the customer violated the rules for public procurement

If you understand that at one of the stages of the public procurement the customer was wrong, file a complaint with the FAS. You can do this in paper form or use an electronic application with digitally signed... You can send an application in four ways: through the official website of the service, through the website of "Gosuslugi", by mail [email protected] or a letter to the address 125993, Moscow, st. Sadovaya-Kudrinskaya, 11. Be sure to indicate in the document:

  • information about the applicant, including postal address, e-mail, telephone;
  • information about the person whose actions or decisions are appealing;
  • purchase number, unless you appeal against the actions of the operator of the electronic site;
  • the reason for the request;
  • documents confirming the arguments of the applicant;
  • list of attached documents.

Sign the application with an electronic signature if you are submitting a complaint in electronic form.

Bonus: What to do if the customer does not pay money for the work performed and how to protect yourself in advance

Even honest entrepreneur, who fulfills all the requirements for the purchase, may face such a problem: the customer accepts the work, but does not pay the money. The arguments are usually as follows: there is nothing to pay, the enterprise is municipal, the limits were simply revoked.

Andrey Mikhailov, General Director of FELIX company

In 2015-2016, we were engaged in the supply of furniture to the facilities of the Vostochny cosmodrome and the city of Tsiolkovsky. The total amount of the signed contracts exceeded 1 billion rubles. We delivered a significant part of the furniture, but due to internal problems the customer never paid for it. To fulfill large orders, small businesses have to take loans from banks and pay them out of the money that the customer pays for the work performed. Therefore, a delay in payment for a government order or non-payment can put an entrepreneur in a very difficult financial situation.

What to do in this case? Submit a legal claim that if you do not pay, you will demand a forfeit. Small business contracts must pay on time. For example, according to Law 44-FZ - within 15 working days (clause 8, article 30 of Law No. 44-FZ), according to Law No. 223-FZ - within 30 days. If there is no in-house lawyer, contact outsourcers.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

In the contract, each customer is obliged to prescribe the responsibility of the parties in case of default. This applies not only to the party who performs the service under the contract or supplies the goods, but also to the responsibility of the customer himself to pay for the work performed on time. This clause of the contract includes interest and fines. therefore carefully read the draft contract before participating in the procurement

  • Acquisition guide ready business... To read
  • List of illegal requirements of tax authorities during inspections.
  • Tax optimization service.
    •

    For small business news, we have launched a special channel in Telegram and groups in

    With the onset crisis phenomena the most vulnerable segment of the economy in the country is small business. Despite its ability to adapt to rapidly changing conditions, it is it that disappears from the market first. The only thing that can prevent the liquidation of such enterprises is government orders for small businesses.

    Varieties of trades

    Studies show that the minimum share of government orders should be 10-22% of their total... The attitude of entrepreneurs towards this type of government incentives for small business is very twofold. Some regard government orders as good way expand the market, while others do not want to get involved due to the large number of difficult moments.

    The term "public procurement" itself means orders of state or municipal structures for industrial and foodstuffs, weapons, equipment, services from enterprises that produce them.

    As a rule, such companies are selected on the basis of a competition or a so-called tender. In Russia, the term "placing an order" has become more widespread.

    At the moment, there are five types of public procurement:

    • electronic auctions. They are carried out within the framework of special electronic platforms by placing lots on them. All documentation is also prepared electronically;
    • open competitions. Conducted when the main selection criterion is best price, and then the timing, quality and other components. Often they are used when it comes to a transaction in the amount of 500 thousand rubles;
    • requests for quotes. They are carried out according to the previous principle, with the only difference that we are talking about less expensive contracts;
    • purchase from one supplier. This type cannot even be called an auction, since the purchase is carried out from a single contractor;
    • open auctions. They differ from electronic ones in that orders are printed in the media. Recently, this type of order placement has practically lost its relevance.

    These types of purchases by the state are used both to meet their own needs (weapons, medicines) and for the needs of the population (food).

    How purchases are carried out

    All categories of enterprises - state, private, individual - can take part in most types of tenders. The deal is concluded with the company that won as a result of the competition.

    It should be noted that the very procedure for holding an auction, signing documents and concluding a deal is strictly regulated by law. Supervising bodies - the Accounts Chamber and the Treasury. In special cases, the FSB is connected when it comes to weapons.

    The procedure looks like this: contractors send an application for participation, in which an acceptable price for them is indicated, and a special commission, in turn, considers each of them and chooses the best option.

    There are several ways to conduct purchases:

    • open;
    • selective (everyone can apply, but only those selected by the customer will take part in the competition);
    • closed (participants are invited exclusively by the organizers).

    The course of trading can take place in two stages. If the tender is supposed to be held in one stage, then there is no possibility that the requirements for the order may change. Two-stage bidding suggests that they may undergo some changes.

    Some features of participation of small companies in tenders

    The specifics of procurement by small businesses are spelled out in a special law of the Russian Federation "On procurement". It says that customers should make purchases from small and medium-sized companies in the following volume:

    1. From 01.01.2015 to 31.12.2016 - not less than 18% of the total number of contracts.
    2. From 01.01.2017 - at least 25% of the annual number of orders.

    It is assumed, however, that bidding is often completely free of charge. But in some cases, some money and time costs are still provided. The minimum funds will have to be invested in electronic trading... As a rule, we are talking about a conditional contribution, which is not refundable regardless of the results of the auction.

    Responsibility of the parties

    Failure to comply with the conditions of the competition is also controlled by the state. For this, a whole system of penalties has been developed, both for the customer and for the supplier of services or goods. The basic principles of all types of auctions are equality and openness.

    The customer must not:

    1. Violate the forms and order of the competition.
    2. Change the terms for placing orders.
    3. Hide information about the conditions when it comes to open tenders.
    4. Post distorted information about participants.

    It is difficult to conceal the fact that at the moment there are various types of corruption schemes used in order to obtain a profitable order by some particular enterprise. One of the options for such a scheme may be winning the bidding small company, which, in fact, is a subsidiary of large-scale production.

    Other shenanigans include:

    • indication for other participants of deliberately unfeasible scope of work and / or unrealistic timing execution;
    • distorted payment terms that are not acceptable to the supplier;
    • discouraging the participation of strong performers;
    • understatement of the order price;
    • attracting dummy clients to participate.

    Most often, such schemes are used when it comes to especially large and profitable orders. It is much easier for small companies to win in small tenders.

    Even in the world practice, there are cases of unfair trading. Especially often the world mass media cover such events from the auctions in the USA and Japan.

    In Russia in last years significantly toughened the methods of dealing with such violators. However, there are still too many shortcomings in this area. For example, there is still no clear system that would regulate the order of placing orders for small companies. In this regard, they are still forced in most cases to rely on their own luck rather than on laws.

    While they cannot boast of well-functioning work and electronic systems holding auctions. In the total mass of all orders, it is rather difficult to single out those that are intended for small businesses. Moreover, as practice has shown, it is much easier to hide the dishonest actions of a customer at a small auction than when it comes to a large tender.

    However, even taking into account all of the above, it should be noted that certain steps of the state towards small businessmen are still being made. Even in the conditions of bureaucratic and corruption schemes, it has become much easier to get an order for the supply of services or goods than a few years ago.

    State order. Dreams come true: Video

    Companies and individual entrepreneurs that have received the status of small and medium-sized businesses can participate in public procurement on special conditions. For them, tenders are held in which representatives cannot participate big business... The amount of the bid security for small and medium-sized enterprises is lower, and the contract payment deadline is shorter than for “regular” procurement participants. These and other benefits are discussed in today's article.

    Introductory information

    The criteria by which an organization or individual entrepreneur refers to small or medium-sized businesses are given in the article Federal law dated 24.07.07 No. 209-FZ. For convenience, we have combined these criteria into a table.

    Criteria by which a company or individual entrepreneur is classified as a small or medium-sized business

    All organizations and entrepreneurs assigned to these categories are named in unified register small and medium-sized businesses. To confirm that he / she belongs to a small or medium-sized business, a tenderer needs to provide an extract from this register. You can get it for free at rmsp.nalog.ru.

    The benefits provided for small and medium-sized enterprises depend on the law under which the public procurement is carried out. Recall that two options are possible here. The first option - the procurement is carried out within the framework of the Federal Law "On the contractual system in the field of procurement of goods, works, services for state and municipal needs" (hereinafter Law No. 44-FZ). The second option - the purchase is carried out within the framework of the Federal Law "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter Law No. 223-FZ; for more details see ""). Let's consider each option separately.

    Purchases under Law No. 44-FZ

    The benefits provided for small businesses (SMEs) are established by article of Law No. 44-FZ.

    What quotas are set for the NSR

    Law No. 44-FZ obliges state customers to purchase goods and services from small businesses in the amount of at least 15% of the total annual volume of purchases. For non-fulfillment of the quota, customers face a fine of 50,000 rubles.

    Every year, before April 1, customers must publish in the Unified Information System (EIS) a report on purchases from the SMP for the past year. The report reflects only the purchases that took place, in which the advantage for small businesses was declared.

    What purchases are small businesses involved in?

    SMEs can, on a general basis, take part in all purchases without exception. It is only necessary that the supplier meets the requirements of the customer and has the resources to fulfill the contract.

    However, the chances of winning are much higher in tenders that are held specifically for small businesses. There are no representatives of medium and large businesses here, so the competition is not so high.

    In order not to miss the placement of information about the desired purchase, you can connect the service "Contour.Procurement". In this service, the supplier (contractor, performer) can customize the templates of requests for all tenders for “their” goods (works, services). At the same time, you can include a filter that selects tenders for small and medium-sized businesses. After that, the supplier will promptly receive on email notifications that a purchase of interest has appeared on a particular site. Such a tool will save the supplier from the need to constantly monitor information and will allow him to quickly respond to purchases that are interesting to him.

    Customers have the right to conduct purchases from small businesses in six ways: open competition (see ""), electronic auction (see ""), request for quotations (see ""), request for proposals (see ""), limited participation tender and two-stage tender. The initial (maximum) price (NMC) of such purchases cannot exceed 20,000,000 rubles.

    When applying for participation, the supplier must provide a declaration of affiliation with a small business. Sometimes the customer develops the declaration form. But in some purchases there is no declaration form, and then participants can use the form developed by the specialists of SKB Kontur.

    What benefits are provided for the SMP

    Firstly, the amount of security for the application cannot exceed two percent of the NMC of the contract (for “ordinary” participants, the security payment is usually equal to five percent).

    Secondly, the state customer is obliged to pay for goods or work no later than 15 working days from the date of signing the acceptance certificate (for "ordinary" participants, the contract payment term is 30 calendar days).

    Procurement under Law No. 223-FZ

    When holding auctions within the framework of Law No. 223-FZ, there are benefits for small and medium-sized businesses (SMiSP). These benefits are enshrined in the decree of the RF Government. The granting of benefits is controlled by the Federal Corporation for the Development of Small and Medium Enterprises JSC.

    What quotas are set for SMiSP

    Government customers with revenues exceeding 2 billion rubles are required to purchase goods and services from small and medium-sized businesses in the amount of at least eighteen percent of the total volume of purchases. Moreover, ten percent of purchases must be made strictly among small businesses. We add that only completed purchases are taken into account.

    The state customer must list in its procurement regulations the OKPD2 codes of all goods and services that it will purchase from the SMiSP. Also, the customer is obliged to observe the following rule:

    • if the NMC of the contract does not exceed 50,000,000 rubles, the purchase from this list carried out strictly at the SMiSP;
    • if the NMC of the contract is from 50,000,000 to 200,000,000 rubles, the customer is free to decide among whom to conduct the purchase: among SMiSP or among representatives of large business.

    What purchases are SMiSP involved in

    Small and medium-sized businesses can, on a general basis, take part in all purchases without exception. It is only necessary that the supplier meets the requirements of the customer and has the resources to fulfill the contract.

    However, the chances of winning are much higher in tenders that are held specifically for small and medium-sized businesses. There are no representatives of big business here, so the competition is not so high. Such tenders are held either for the SMiSP themselves, or for all participants with the condition of attracting SMiSP for subcontracting.

    When applying for participation, the supplier must provide a declaration of belonging to a small and medium-sized business. The form of such a declaration is given in the annex to the Government Decree No. 1352.

    What benefits are provided for SMiSP

    First, Law No. 223-FZ does not oblige customers to require suppliers to list the security for the application and contract (see ""). But even if there is a similar requirement in the procurement documentation, then preferential conditions apply to MSiSP. Thus, the amount of security for the application cannot exceed two percent of the NMC of the contract (for “ordinary” participants, the security payment, as a rule, is equal to five percent). The amount of contract security cannot exceed five percent of the NMC or must be equal to the amount of the advance (for “ordinary” participants, the security of the contract is usually 30 percent of the NMC).

    Secondly, the maximum payment term under the contract for SMiSP cannot exceed 30 calendar days (for “ordinary” participants, the payment term is not regulated; see “”).

    Thirdly, the state customer can approve its own partnership program for small and medium-sized businesses and establish benefits for its participants.

    Please note: a special electronic signature is required to work in public procurement systems and to participate in many types of auctions.