How construction tenders are held. Features of participation in government and commercial tenders for construction. Which electronic trading platform to choose

When choosing a procurement method, customers are guided by government order No. 471-r of 03/21/2016. This standard is for goods, works and services that must be purchased by any procedures other than competitive ones. Most of construction works included in this registry. Before starting the procedure, the customer should check the availability of the procurement object in RP No. 471-r. If you combine lots for construction according to Federal Law 44, some of which are included in the auction list, and there are no other works from the order in it, the purchase is still carried out in the form of an electronic auction (letter from the Federal Antimonopoly Service No. ИА / 19176/19 dated 03/13/2019).

An electronic auction is not the only possible way for a government order for construction. Customers have the right to use:

1. ... The main condition is that the NMTSK order no more than 500,000 rubles (part 2 of Art. 82.1 44-FZ).
2. Electronic competition with limited participation. It is used for the purchase of especially dangerous, technically complex and unique objects capital construction (part 2 of article 59 44-FZ). Competitive tenders are relevant for the state order for the construction of artificial road structures from highways federal (municipal, local) significance. The initial order price is at least 100 million rubles (part 2 of Art. 56.1 44-FZ, clause 5 of Appendix No. 2 to the RF Resolution No. 99 of 04.02.2015)
3. Conclusion of a contract with. The basis is part 1 of Art. 93 44-FZ.

These are all possible ways to order construction works from the state. The customer should always check the auction list. If the contractor chooses not an electronic auction, but a different method, while the purchased type of work is included in RP No. 471-r, the organization faces a fine of 50,000 rubles (part 2 of article 7.29 of the Administrative Code of the Russian Federation).

We prepare procurement documentation

We include documentation, draft contract and notification in the competitive order documents. The terms for placing the notice and all registers in the Unified Information System are as follows (part 1 of article 54.2, part 2, 3 of article 63, part 1 of article 82.2 44-FZ):

• request for quotations in electronic form - 5 working days before the end of the application submission. For an electronic request for quotations, there is no need to prepare documentation (parts 1, 2, article 82.2 44-FZ);
• , the price of the tender is less than 300 million rubles - for 7 days;
• electronic auction, NMCK no more than 2 billion rubles, purchase of construction, reconstruction, overhaul, demolition capital facility - in 7 days;
• electronic auction, other orders - 15 days in advance;
• competition with limited participation in electronic form - 15 working days.

Requirements for an electronic request for quotations and a competition with limited participation are established in the manner prescribed by the provisions of the Federal contract system... Do not forget about electronic procurement (RF Resolution No. 1401 dated 05.11.2019). The requirement for uniform forms of documents is established by the Ministry of Finance, and, in all likelihood, the development model documents will deal with this department.

Purchase registers accumulate all the details of the purchased works. We take into account all the specifics of procurement in the construction industry in the documentation. Here's how to prepare documents for the state order for construction work (part 1 of article 54.3, part 6 of article 56.1, part 1 of article 64 44-FZ):

Step 3. Establish requirements for the content of the application.

The composition of the application is affected by the presence of the project in the documentation. If there are design documents, then the participants in the first part express their consent to the construction, which is formed using the site's functionality. When there is no project documentation, the participants agree and write down information about the product (indicate the country of origin and information about the trademark).

If an electronic competition is held, the participant is obliged to provide these documents to the customer. For participation in e-procurement use standard forms applications (part 5 of article 24.1 44-FZ, RF Resolution No. 1401 of 05.11.2019).

Step 4. Determine the end date for the consideration of the first parts of applications. Here are the main terms (part 1 of article 54.5, part 2 of article 67 44-FZ):

• electronic competition with limited participation - 5 working days from the date of the deadline for submitting applications;
• electronic auction - 3 working days;
• electronic auction with NMCK up to 300 million rubles - 1 working day;
• electronic auction with NMCK for the purchase of construction, reconstruction, overhaul, demolition of a capital facility - 1 business day;
• electronic competition with limited participation with NMCC up to 1 million rubles - 1 working day.

For those auctions, the documents of which include a project, and if the contractor agrees to carry out the construction, there is no need to consider the first parts (part 10 of article 67 44-FZ).

Step 5. Determine the date of the procedure. This date is the next business day after consideration of the first parts of bids for the electronic auction or the date of submission of the final bids for the participants of the electronic limited tender.

If the auction is with project documentation, then the auction will begin 4 hours after the end of accepting the first parts of the bids. For the competition, the procedure is the second working day after the end of the consideration of the first parts of the applications by the commission (part 3 of article 54.6, part 3 of article 68 44-FZ).

We draw up a draft contract and notification

After the development of the procurement documentation, check everything with the information card and start preparing the draft contract. If the information on the public procurement matches the information card, use model contracts or typical conditions. Now it is used for construction, approved by order of the Ministry of Construction No. 398 / pr dated 05.07.2018.

It is planned to cancel it from 01.01.2020 and apply the standard conditions. The draft of the standard conditions for state contracts for the performance of construction work is under development. The upcoming project also includes an updated information map for 2020.

If you purchase construction services that are not included in the current information card, prepare your own draft contract, guided by the legislation and the needs of the customer. To the draft contract for the purchase of construction, form:

• conditions for several stages of payment in accordance with the volume and cost of work;
• work schedule and payment;
• design and technical documentation, establishing the volume and content of the subject of the state contract.

After preparing the procurement documentation and the draft contract, prepare and publish the notice using the functions of the Single information system... When filling out the notice, take into account the provisions of Art. 42, part 3 of Art. 54.2, part 6 of Art. 56.1, part 5 of Art. 63, part 2 of Art. 82.2 44-FZ.

We consider applications

The composition and algorithm for considering proposals from participants is determined by the presence of the project in the procurement documentation. If there is a project, then the first parts of the bids are not considered in the auction, and the purchase of construction works under Federal Law 44 begins 4 hours after the deadline for submitting bids. As soon as the auction is over, the operator of the electronic platform will send both parts of the applications for analysis and evaluation to the customer (part 19 of article 68 44-FZ).

If there are no project documents, then different review rules apply. The first parts are analyzed prior to trading. The commission is obliged to study applications, admit or not admit participants, form and post a protocol of consideration. We place the protocol not only in the EIS, but also on the trading floor (parts 6, 7, article 67 44-FZ).

After the end of trading among the admitted participants, the commission evaluates the second parts of the orders. Based on the results of the consideration, a protocol is formed, which is published in the EIS and on the electronic signature (part 8 of article 69 44-FZ). Confirmation registers from contractors are sent together with the second parts of the bids. The commission considers them together with the proposals of the participants. Subcontracting agreements are not a confirmation of compliance with additional requirements (clause 2 of the FAS letter No. ME / 51304/19 dated 06.19.2019). If only one contractor takes part in the procurement, then the commission simultaneously considers both parts of his proposal (part 1 of article 71 44-FZ).

When conducting electronic procedures - request for quotations and tender with limited participation - the general order consideration and evaluation of applications established by the Federal Contract System.

We conclude a contract

An agreement with the winner of the auction is concluded at least 10 days after the publication of the final protocol in the EIS (part 9 of article 83.2 44-FZ). If a request for quotations was made, then the contract is signed 7 days after the posting of the application evaluation protocol. There are no special rules for concluding a state contract for construction services.

Holding tenders is widespread in modern domestic business, as they are beneficial for all parties involved. A special procedure for purchasing or selecting a supplier, called a tender, has a number of features that must be taken into account when participating.

We will consider all the nuances of participation in the tender: the specifics of filing an application and other documents, registration of refusal to participate when a decision is changed at any stage, and we will also give recommendations for those who really want to win the tender.

Understanding the concept of "tender"

The English word "tender" in translation means "offer". Under the term "tender" in modern business understand all forms of competitive selection of proposals related to bidding. By "trading" can mean not only the direct sale of goods, but also the provision of services, work, etc.

Synonyms for the word "tender" in the business sphere can be the following terms:

• auction;
• competition;
• competitive supplier selection;
• offer to participate in the auction;
• form of selection of proposals;
• request for quotes, etc.

The essence of the tender as a business operation

The customer of the tender is a seller of goods or an entrepreneur, looking for a supplier, declares its intention to choose best offersatisfying its conditions. The requirements of the tender are written in advance in the accompanying documentation (tender documents), and the participants propose their conditions that meet the stated requirements. The winner of the tender is the participant whose conditions seemed the best to the organizer of the tender, it is with him that the contract is concluded.

The main feature of the tender is that on the basis of healthy competition, conducted with maximum transparency, it is possible to enter into contractual relations that will be beneficial for both parties. For participants, the initial requirements are the same, and the organizer has the opportunity to buy or sell at a price that suits him and on conditions that he can choose from several proposed options.

Types of tenders

You can divide tenders into groups based on several characteristics.

1. By the purpose of the:
   • procurement tenders - a competition to select a supplier;
   • implementation tenders - sales tenders.
2. By the form of organization:
   • open - any entrepreneur can participate (the announcement is in a free publication);
   • specialized - held for a limited number or circle of participants;
   • closed - for personally invited selected members only.

NOTE! Closed tenders are held when holding open tenders is inexpedient in terms of costs or they are associated with a certain trade secret. The choice of the form of organization should be based on current laws Russian Federation about tenders.

3. By the specifics of the:
   • in real time;
   • in electronic form (the presence of an electronic signature is required) - such conduct is regulated by legislation and internal acts of organizations.
4. If possible, changes to the terms:
   • one-stage - negotiations are excluded, documents for participation immediately claim victory;
   • two-stage - first, a preliminary version of the tender conditions is submitted, on the basis of which the participants submit their proposals, then the organizer, through negotiations, agrees the final conditions with the participants.
5. On the subject of the competition:
   • tender for exact conditions (prices, terms, additional requirements) - the organizer indicates the limits that cannot be changed;
   • open briefing - the tender requirement outlines only an approximate range of conditions, the rest is left to the discretion of the participants.
6. By procedure:
   • competition - when it is held, it is mandatory to comply with all qualification and financial criteria (it is advisable to hold when the subject of the auction is a technically complex object);
   • auction - held when price is the most important criterion, and the participant can adjust his offers based on the analysis of competitors' offers;
   • request for quotations is a type of auction held for small amounts and more quickly;
   • request for proposals - an assessment of not only the financial component, but also at the same time qualification requirements, a kind of analysis of the market situation;
   • competitive negotiation is a free type of bidding, where the choice is at the full discretion of the organizer.

REFERENCE! Other forms of organizing tenders are also possible: price monitoring, request for offers, collection of commercial offers, limited participation in the competition, etc.

Tender or direct sales?

A businessman who is proficient in dealing with people does not qualify as an expert in corporate trading. Tender has significant differences from the technology and psychology of direct selling. Let's compare the nuances of both forms of relationship in order to really assess our chances in the system of tender implementation.

Government or commercial tender?

Participate in a public procurement tender or give preference to participation in a tender for the right to conclude a deal with a commercial structure? Before deciding, it is worthwhile to understand what are the main differences between these forms of corporate trading.

1. The basic rules for both forms of tenders are the same, the legislative basis is different, the federal law:
   • No. 44-FZ - for public procurement;
   • No. 135-FZ - for commercial tenders.
2. In a state tender, all the nuances of bidding (procurement methods, requirements for the other party, features electronic platforms and bidding on them) are already determined by law, they cannot be changed, but in the commercial they are established by the customer.
3. For government purchases, sometimes products similar to those required are suitable, and in commercial tenders it is pointless to offer analogs.
4. If a company does not have an excellent reputation in the market, it will not be able to qualify for government procurement. Any customer, whose conditions are considered more acceptable, has a chance to win in commercial tenders.
5. The price list of offers on the state tender is in more or less the same range, but for merchants it can be very different.

Step-by-step instructions for participation in the tender

In order to take part in the tender, it is necessary to act according to a certain algorithm, regulated by the legislation of the Russian Federation and internal regulations entrepreneur-organizer. For a company that is trying this method of interaction for the first time, the best way will either order tender support (now such a service is quite common), or a careful execution of the sequence of necessary actions:

REMINDER! For participation in electronic bidding - electronic signature is required. If the company does not have one, you need to contact the licensing center, submit the established package of documents and receive the EPC within 1-2 days, and then undergo accreditation on the ETP (electronic trading platform), which will take up to a maximum of 5 days.

1. Selection of tender. In order to find a tender in which you want to take part, you can use several ways:
   • use openly published information (in the media, special bulletins and information booklets, etc.);
   • you may have received an invitation to participate by mail or in electronic format;
   • look for a suitable option on the official website of public procurement or on the e-marketplace where you received accreditation.

Pay attention to the criteria spelled out in the terms of the tender, immediately cutting off those that are unsuitable in terms of prices, regional location, subject of bargaining and other features.

2. Application for participation... The application form is usually contained in the annex to the tender conditions themselves or to the additionally set out Rules for participation in a particular tender. It is necessary to submit an application within the established time frame, otherwise the documents will be returned or the files will not open (if the tender is carried out in electronic form). If the auction is open, more than one application must be submitted, otherwise they will not be able to take place. New applications will not be accepted after the opening of already submitted ones. A single application can be submitted from one company. The customer can reject the application only for regulated reasons:
   • more than 1 application from the same company (in this case all will be returned);
   • incorrect confirmation of EPC documents or its absence;
   • violation of deadlines for submission;
   • the terms of accreditation on the ETP expire in less than 3 months;
   • impossibility of real security of the submitted application.
3. Registration of a tender proposal... In one-stage bidding, the bid is simultaneously a tender offer. It is very important to arrange it correctly, since the customer's requirements are the determining factor in tenders. All requirements stated in the tender documents must be strictly observed.
4. Bidding. In electronic form, bidding can last no more than 2 days.
5. Conclusion of a contract - the prerogative of the winner.

Refusal to participate in the tender

If a participant changes his mind to fight for the right to become a supplier or purchase goods, he has the right to withdraw his application for participation. If the auction has not yet begun (the envelopes with the documents have not been opened or access to files has not been opened), it is enough to send a notice of withdrawal of the application to the operator of the electronic trading platform.

In the case of real-time bidding, you can send the organizer a special refusal form, which is filled out by the company that decided to refuse to participate, or write a refusal letter in free form. This can be done at any time before the start of trading.

• write a refusal on the letterhead of your organization or do not forget to indicate all the basic details;
• address the document to the organizer of the auction (it will be indicated in the tender proposal);
• indicate in the letter of exemption the number and date of the invitation received for participation in the tender and its name;
• clearly state the reason for the refusal;
• it will be useful to add a polite phrase about possible cooperation in the future.

If you have a business, but no orders, or you plan to open a business, but you don’t have money for marketing and advertising, you can receive orders in the form of tenders. Read about what a tender is and how to win it in this article.

Our experts guarantee compliance with the requirements of the law at all stages of the tender support. Settlement of disputes with customers, appeal against decisions of the Federal Antimonopoly Service, work on all trading floors.

What is a Tender and how to become a participant in the competition

By tender call the form of trade relations, which is characterized by competitive fight... In the process of selecting applicants, the organizer of the auction chooses the best participant, who will subsequently supply goods or provide services on the basis of the concluded contract.

Any company can participate in paid or free trades. Participants in the process follow certain state standards to carry out mutually beneficial operations in the market.

The organizer of the auction can independently create requirements and bases for bidders, as well as make changes to the rules in the course of the event. All applicants for participation in the competition must timely submit an application for participation, regulatory and non-regulatory documents (if desired). The chances of winning are increased by the correct execution of all papers, the competitiveness of the organization, the experience and level of qualifications of the company - the executor. An auction or competition can be conducted in several stages, during which the management examines in detail the questionnaires of all applicants and selects best options for the project.

Types of tenders and their purpose

The market economy requires the use of various types of trading activities, tender activities are promising and progressive types of trade, as they involve tough competition that affects the quality and cost of services or goods provided. Diversity and a large assortment products on the market contributes to the creation and development different types tenders, each type has its own characteristics and characteristics.

Today there are the following types of tenders:

Closed auctions... Their implementation involves the selection and distribution of invitations to participants. Bidders submit requests for tender documentation, which is provided by the customer, after which it becomes possible to draw up all documents in the proper form. They are carried out mainly when the purchase of goods with specific characteristics is required, and for their implementation, agreement with government bodies authorities;

Open auctions ... provide for the participation of any company, most often these tenders are used for public procurement. They also have drawbacks - a long term, the commission will be busy processing applications for a long time;

Specialized closed trades... In this case, there are some restrictions that are imposed on the participants. Carrying out them is appropriate when the specifics of tender works are complex;

Consisting of two stages.Conducted with fairly complex purchases. First, the customer draws up a version of the terms of reference, as a result of which the tender participants are prepared. The second stage is the preparation and submission of applications with proposals of a technical and commercial nature, after which the customer chooses the most advantageous offer.

Bidders and their powers

Tendering has two sides:

• customer;
• executor.

There are always more performers than customers, so there is an atmosphere of competition at any trade event of this type. Than better offer customer - the more participants there will be in the auction, therefore, the contractor will be able to create more stringent selection conditions.

Contractors must not only be ready to fulfill all customer requirements, but also:

• provide relevant information about their activities;
• submit required documents (at the request of the customer);
• meet the characteristics and requirements;
• have all the powers and capabilities to implement the project.

All tenderers must create an application of the required form and submit it for consideration in time. Participation in the tender and auction must not contradict the requirements and rules of the current state legislation. Participants must prove that they belong to this characteristic in the application and in the documents that are attached to the application for participation.

What you need to participate in tenders in the first place

The main rule of participation in the tender is the accurate and competent filling of all the necessary documents.

Compliance with all requirements and standards can provide passage to trade event one hundred percent. Each customer develops an extended qualification questionnaire, based on the result of its consideration, a decision will be made to participate in the auction. The application has exact details, the following must also be attached to the application:

• institution documents;
• letters of recommendation;
• results of completed projects;
• certificates from financial institutions;
• certificates and qualification level certificates.

For successful passage into the list of participants, all papers that confirm the high professionalism and competence of employees can be useful. However, papers and documents must be official, since all the data provided is checked by the security service and the customer without fail. Recommendations of regular customers or inquiries without registration will have no legal force in this case.

Another important step is filling commercial proposalwhich looks like detailed tables and lists. During the bidding process, the customer has the right to make certain changes in the structure of the commercial proposal.

Conditions and features of participation in tenders

Being knowledgeable in all the conditions of tendering means having a great chance of winning, counting on getting the maximum profit.

The conditions of the event are always published in advance, you can familiarize yourself with them when filling out the questionnaire and details of the participant. Information on the terms of participation is provided in the following form:

• conditions and terms for filing, accepting applications from applicants;
• time of consideration of applications and commercial proposals;
• agreement (its sample for review), which will be signed with the winner of the competition;
• provision conditions in the process of project implementation (attached if necessary).

The customer is obliged to provide a sample of the future contract, since the contractor must compare his capabilities with the customer's requirements.

It should be noted that not only the customer dictates the terms of the auction. The actions of the participants, first of all, must comply with the current legislation of the Russian Federation. Government tenders always dictate more stringent conditions for tendering than commercial organizations.

The first thing a beginner should do in the field of tendering is to prioritize all the advantages, disadvantages and risks of work. The main assessment criteria should be:

• availability of everything necessary equipment for the full implementation of the project;
• the number of qualified employees;
• the opportunity to devote sufficient time to the implementation of all customer requirements.

If the company lacks something, then you need to thoroughly prepare for participation in the tender, provide employees with all necessary materials and knowledge.

A beginner needs to be ready to participate in tenders systematically, rare and insignificant projects are unlikely to bring the desired result and meet expectations. Active participation in tendering will give an opportunity for a beginner not only to earn sufficient capital for further development, but also gain invaluable experience. It is necessary to appreciate each participation in an auction or competition according to the following criteria:

• the opportunity to study the competitive environment;
• identify the strengths and weaknesses of the enterprise;
• the ability to position and advertise the company;
• winning the tender gives a big shift in the development and improvement of the enterprise.

What documents are required to participate in the tender

A high-quality collection of documents is the most important stage in preparing for a tender. It is on the basis of official papers that the selection of participants is carried out, according to the peculiarities of the input documentation, the favorites of the customer can even be selected.

The more and more extensive the documentation, the more chances the applicant will have. In order to correctly and competently prepare papers, you need to familiarize yourself in detail with the requirements and conditions of the customer. It is very important to arrange all paperwork in accordance with the official rules provided.

A specific list of documents is indicated by each customer, but at the same time there are some basic documents that must be prepared by the contractor to participate in the auction, among them:

1. Copy of the certificate state registrationcertified by the seal;
2. Copy of the charter;
3. A copy of the notification of the assignment of a taxpayer number;
4. Confirmation of the financial independence of the participant;
5. A certificate from the tax office that you have no debts;
6. Balance sheet at the time of application and for the previous year;
7. Certificates (if the product is subject to certification);
8. Certified inventory of documents provided by the head of the company.

Auction procedure

Each customer has the right to dictate its own rules for holding an auction or competition, but the state regulates general requirements to the bidding procedure, binding on everyone.

Holding a tender in the form of a competition involves the following stages:

1. Preliminary preparation. It provides for the determination by the customer of the issues on which the tender will be held, as well as the selection criteria;
2. Formation of a brief.This should include information about the customer, the task and purpose of the tender, the approximate expected result, requirements for participants and the application form, criteria for their evaluation.

   Brief how normative documentshould contain the following information:

   • the name of the business of the company that organizes the auction;
   • tasks and goals of the project;
   • the final result of the project;
   • the entire list of requirements for applicants;
   • a complete list of papers and documents that each participant must submit;
   • criteria for assessing the benefits of participants (what the customer will pay attention to in the first place);
   • start and end date of the competition.
3. Selection of participants.They are assessed according to certain parameters, which include the experience of participating in such events, feedback on professional activity... Based on the results of the comparison, the most beneficial participant for the customer is selected;
4. Consideration of applications.The customer, at the request of the participants, clarifies the information and discusses all issues of interest to him. It is at this stage that several participants are determined for the final competition;
5. Presentation of the finalists' proposals.Participants who reached the final are invited to the customer's organization and there once again present their proposals and give weighty arguments in their favor;
6. Selection of the winner.After the presentation and discussion of the results, the head of the organization chooses the winner;

How to win an auction the first time and get a tender

Beginners can win any auction the first time, the main thing is to correctly issue a tender and meet customer requirements.

First ruleWhat should be followed for successful trades is a clear calculation of financial capabilities. But it is quite difficult to make it, you need either the help of a specialist, or you need to have your own own experience participation in tenders.

Second rule... The key to success lies in the quality and correctness of the documentation. According to statistics, about 40% of participants lose precisely because they have a vaguely drawn up tender proposal... The correctness of its compilation is to write simple language, but according to all the requirements of the auction, the content should include only those characteristics that are of interest to the customer.

An important point here are guarantees, they act as an excellent incentive to conclude a contract with you. The customer will notice such an offer much faster, because with a guarantee you show that your company is reliable.

Can an individual entrepreneur participate in tenders, what are his chances of winning

Yes maybe! Many businessmen mistakenly believe that individual entrepreneurs limited in participation in competitive programs... The legislation of the Russian Federation regulates the right of any individual entrepreneur to take full participation in tenders.

If we are talking about virtual auctions, then an individual entrepreneur needs to take care of creating an electronic signature (EDS) for his company, if it is not already available. You will also need to go through a difficult accreditation procedure for the organization, such events are held special companieswho have the appropriate license.

An individual entrepreneur, like the owner of any other form of organization, has the full right to clarify information and conditions for the competition.

Construction tender is a profitable solution for the customer and contractor. For the first, it is a way to get services high Quality at a minimal cost. For contractor companies, this type of cooperation involves a large order for favorable terms, the results of work on which will not be ashamed to place in the portfolio. The main customers in construction tenders are state structures... Many organizations want to cooperate with them. Therefore, the competition at such auctions is quite high.

Preparation of construction organizations for participation in tenders

You need to be very careful in choosing suitable tenders and assessing your capabilities, since with high competition among construction organizations there is a great risk of losing because of the inflated cost of work. Therefore, it is necessary to carefully study the tender documents before starting. Particularly close attention should be paid to the design and estimate documentation and terms of reference... Too underestimate the cost of services is also not worth it, since in this case the company is likely to incur losses.

In most cases, construction tenders are a consequence of government orders... There are special rules for such contests. There is a lot of information on the web about participation in construction tenders. Therefore, inexperienced contractors can easily get confused. But if you carefully understand, properly prepare all the documents and submit them to the tender on time, such organizations will be able not only to participate in the auction, but also to win. The main thing is to work in this direction and gain valuable experience, which will pay off over time.

How and where to find construction tenders?

Information about current tenders is posted on customers' websites and on specialized resources for each specific industry. Therefore, in order to receive up-to-date information for participation in construction tenders, contractor companies must regularly check many resources. Moreover, on most sites, data is duplicated. Therefore, to search for government auctions, it is better to use official website of public procurement... You can quickly find up-to-date information about trading using special programs.

Mandatory requirements for contractors

Usually, to participate in a construction tender, a company must be a member of a self-regulatory organization in the field of construction, reconstruction, overhaul capital construction objects.

Persons who are not members of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction projects can perform work under construction contracts, only if the value of such an agreement does not exceed three million rubles.

Members of a self-regulatory organization can be legal entities, including foreign ones, and individual entrepreneurs, provided that such persons meet the requirements established by the self-regulatory organization for their members, and they pay in full contributions to the compensation fund (compensation funds) of the self-regulatory organization.

To take part in government tenders for construction, an organization must have its own electronic signature... It is a flash drive with a unique sequence of characters recorded to help identify the owner.

An electronic signature replaces a handwritten one, therefore, it is required constantly in electronic auctions. After receiving it, the contractor only needs to draw up some documents and register on specialized online platforms for bidding. Only then will he be able to take part in construction tenders.

Construction tenders pitfalls

The contractor must check all of the client's documentation prior to bidding. Otherwise, he risks incurring large losses due to the customer's dishonesty. When conducting auctions, the following schemes are most common:

• understatement of work prices. The state customer enters into an agreement with the contractor and deliberately lowers the cost of services, making their provision unprofitable. After signing the contract, the price increases to the required one. This is done by law when circumstances are discovered that are not reflected in the project. For example, where the road should go, they find a high voltage cable. To carry out the work, it must be moved, which requires additional costs;
• the clause on compensation for defects, prescribed in the contract. If there is one, then the sum of the contractor's risks should be included in the cost of work. Otherwise, the deal may be fraught with large losses.

A lawyer will help to avoid undesirable obligations for the contractor and possible losses. Therefore, such a specialist is necessary for companies wishing to participate in open state tenders.

Contractor strategies

The construction companies participating in the auction may act in different ways. It all depends on the specific circumstances and customers. Most often, contractors are ready to participate in tenders in order to receive a large order with a guarantee of payment. But there are times when the cost of services can be unprofitable, but the contractor's prestige will rise due to work with a well-known customer. This helps to attract new customers. It also happens that a company participates in a tender to prevent operational downtime. This strategy helps to avoid staff cuts and maintain market position.

Specialists law firm "PRIORITY" will help you prepare for any tenders in Moscow and the Moscow region.

Tender (competitive bidding) is an effective, and therefore widely used, procurement method. The buyer announces a competition among suppliers with a description of the desired price, technical and other characteristics of goods (services, works). A supply contract is signed with the winning bidder (during foreign economic activity such a form is called a provision).

This way of offering your services makes it possible to get a new business partner (of course, if you can withstand the competition).

Sometimes this path can be not only the shortest, but also the only possible way to enter into cooperation with new foreign buyers.

How to participate in tenders correctly

There are three main roles in the tendering scheme, reflecting the connection of interests of the subjects of the transaction.

Subjects of trading:

• Buyer (customer) - an enterprise whose goal is to conclude a contract for the purchase of goods / services / works with the most favorable conditions.
• Participant (applicant, tenderer) - a supplier who wants to receive an order for the sale of goods / services / works
• Organizer — entity, functionally preparing and conducting tenders. Usually - the customer himself or his specialized department.

Tender documentation is prepared according to the terms of the Customer.

The rest of the participants (notaries, trading platforms, etc.) take indirect participation, performing intermediary and service functions.

Types of tenders

Tender auctions are distinguished by a number of characteristics, referring them to different types... Depending on the defining characteristic, there are several classifications of competitive bidding:

Whatever type of Tender your company takes part in, there are a number of rules that are uniform for any tender:

1. You can take part only by submitting an Application for participation (with a package of documents) within the agreed time frame. After this period, applications and changes to them will not be accepted.
2. By submitting the Application, you undertake the obligation to comply with the proposed conditions of the Contract (in case of winning the auction).
3. If the deadline for submission of documents has not yet expired, the application may be withdrawn by the applicant.
4. The documentation is prepared and submitted in the volumes and according to the rules that are determined by the Customer.
5. By participating in an international tender, you will need to prepare a package of documents in the official language of the Customer's country (unless otherwise specified by the conditions).
6. The submitted tenders are not available to other bidders (to avoid unfair competition).

How to start preparing for participation in the tender

There are several stages in preparation for the tender.

1. Choose a suitable tender.
   For their search, there are specialized systems with a trading base (for example, ru.dgmarket.com, synapsenet.ru, regionzakaz.ru, etc.). By the way, large platforms often allow you to participate in tenders for free.
2. Review the terms and conditions of participation.
   This stage requires attention to itself already because, without noticing some seemingly insignificant contract conditions, the Bidder may lose the order even after winning the auction.

After making a decision to participate in the auction, proceed to the main stage - the preparation and submission of a package of documents.

1. Prepare tender documentation.
   The application (with all the documentation requested by the customer) can be submitted by applicants in two ways: in paper and in electronic form.
   • The first method is familiar and well-known for a long time, when documents are formed on paper, certified with a “live” signature of an authorized person and the seal of the enterprise. The package of documents is packed in an envelope and sealed, tender documents are opened.
   • The second method is more modern. It assumes that a package of documents is generated in electronic form: scanned, protected by appropriate encryption algorithms (including an electronic digital signature). Since most of the trades are now carried out electronically (especially at the international level), most likely you will have to use this particular path.
     To do this, you need to be accredited on the Electronic Trading Platform (ETP). ETP is a site that hosts a database of electronic auctions. Participation in them also takes place there. The largest non-state sites today are 5. First of all, it is advisable to get accredited for them.
     To perform legally significant actions on the ETP, you will need an Electronic digital signature (EDS). EDS is a way to secure documents that exist in electronic form. It has the same legal force as a signed "live" document with a seal. Considering that in international relations it is more convenient and reliable to conduct document flow in electronic form, obtaining an EDS is an important part of normal work with electronic trading.
2. Submit an application (if necessary, provide it).
   The EDS operator may require the transfer to his official special account of a certain "collateral", up to 5% of the contract price - to participate in the auction, and up to 30% - to sign the contract.
   Sometimes bank guarantees serve as security for the application for participation in the Tender. They must be received in advance. In addition, the organizer of the auction can only accept guarantees from a certain list of banks (large and reliable international financial institutions).

To apply for a tender, you need the correct tender documentation.

Bidding documents usually include:

• description of the offered goods / works / services;
• price offer;
• legal documentation of the applicant company (statutory documents, certificates and licenses);
• confirmation of the experience in the implementation of similar projects, the availability of resources, sufficient qualifications of workers;
• other documents - at the request of the organizer of the auction.

How to find a foreign partner? one way to find contractors to conclude profitable deals for your company.
Read about how to lease a car. In this article, you will find out why many firms choose to buy production equipment, auto and even real estate for lease.

Transfer of the right to represent the interests of the company in the Tender to a third party

It is not advisable for the first person of the company or it to represent his enterprise at all competitive tenders. When large businesses - it's just physically impossible. Therefore, it is practiced to issue a verified and reliable employee (or any other capable natural person) Power of attorney to represent the interests of the company in the Tender.

The subject of the Power of Attorney is the fact that a legal entity-applicant (principal) has been empowered to represent an individual-employee or individual entrepreneur (trustee) to represent his interests in the Tender.

Key points to be considered in the Power of Attorney:

1. A well-defined form of Power of Attorney may be established by the organizer of the auction. In such cases, it is included in the bidding documents.
2. For various tenders, separate Power of Attorney is drawn up with a limited validity period (maximum - 36 months), and usually their notarization is required. Moreover, the foreign partner will definitely stipulate according to the norms of what legislation the delegate should be empowered.
3. The right to submit an Application for Bidding as such.
4. The right to receive and sign the documentation required for participation in the Tender.

Video on why companies refuse to participate in tenders

This video will dispel myths around the rules of participation in electronic trading.