All about tendering. Organization and conduct of tenders and purchases: the main nuances of conducting trade events. Features of the organization of an official tender
What types of tenders exist, what are their features, how can beginners participate in them.
Many aspiring businessmen have no idea how to participate in tenders. Due to the fact that it is through tenders that a large part of goods and services in various sectors of the economy is sold, this issue is relevant and requires clarification. What do newbies need to know about participating in tenders, what kind of documentation will be needed in this case, what positive and negative aspects such a procedure has.
Types of tenders
The word "tender" in translation into Russian means "offer". However, before proceeding with the enumeration of the existing types of these "proposals", it is necessary to clarify some details. In the legislative framework of our country, the term “tender” is absent; instead, the terms “tender”, “tender”, “auction” are used. Nevertheless, the word has taken root in business circles.
A tender is an event during which, on the basis of free competition, performers are selected for the purpose of purchasing goods, services or works.
The peculiarity of all types of such tender selection is that such events contribute to the conclusion of a contract on conditions attractive to the customer and the contractor.
Table: legal framework governing the procedure for participation in public procurement tenders and electronic auctions
| Name of law or code | Characteristic |
| Civil Code of the Russian Federation | Civil Code of the Russian Federation in Art. 448 regulates the organization and procedure for conducting all types of auctions (with the exception of those in which state and municipal authorities participate). |
| FZ No. 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs " | This law regulates the organization and holding of tenders, in which the customer is the state and municipal authorities. |
| Federal Law No. 223-FZ "On the procurement of goods, works, services separate types legal entities" | Regulates the procedure for holding tenders for state corporations and companies, natural monopoly entities, state and municipal unitary enterprises, autonomous institutions, economic and subsidiaries, in the authorized capital of which the share of participation of the Russian Federation or a constituent entity of the Russian Federation in aggregate exceeds 50%. |
The type of tender depends on the following factors:
- from the purpose of holding (tenders for sale and tenders for purchase);
- on the nature of the procedure being carried out (tender, two-stage tender, auction, request for proposals, request for quotations, competitive negotiations);
- on the form of holding (open and closed tenders);
- from the customer category (government and commercial tenders, purchases with certain legal entities);
- on the type of documentation used (competitions are held on paper and in electronic form).
Table: specifics of the main types of tenders
| Types of tenders | Features of the procedure |
| For sale and for purchase | The type of competition depends on the goal of the organizer, that is, he intends to purchase or sell something. Thus, the participants in such a procedure have opposite intentions (one party is the seller, the other is the buyer). |
| The specificity of this classification is as follows:
|
| Open and closed | The open form gives everyone interested a chance to participate. If the tender is closed, then invitations are sent only to a certain number of participants. Grounds for holding a closed tender:
By opting for one of these forms of tender, the customer should not run counter to legal norms. |
| Government and commercial, procurement with certain legal entities | The features of this classification are as follows:
|
| Contests in electronic form or on paper | Regardless of the form in which the tender is held, the organizers introduce special methods to control all incoming information (use of an EDS on an electronic platform, etc.). The terms of participation in the tender, both in electronic form and in the personal presence of the participant at the event with a paper package of documents, are announced by the customer himself. It should be borne in mind that they are the same for every performer. |
Each of the listed tenders is organized according to its own rules. The decisive factor in choosing the way in which the contractor will be installed is the will of the customer.
The auction winners are the companies offering the lowest order execution cost
Benefit from participation in tenders
The procedure for participation in tenders has its own characteristics, each type of such a competition has its own advantages and disadvantages.
The benefits of participating in such events are as follows:
- it implies an honest struggle between competitors, since the choice of a performer on a competitive basis disposes to this;
- the likelihood of concluding a cost-effective contract;
- the opportunity to make the name of the organization more recognizable in the market (it should be noted that if the organization participates in an interesting auction, then its contact information will remain with the customer);
- expanding the sphere of influence and cooperation;
- the likelihood of receiving government orders in the future;
- transparency of open tenders;
- the opportunity to take part in the event through electronic platforms.
It is worth remembering that not only winning a tender is important for business development. Participation in the procedure itself can serve as an incentive for the contestants to further develop.
Disadvantages and pitfalls of the procedure
Any phenomenon and process has its drawbacks, this also applies to participation in tenders.
So among the disadvantages of tenders are the following:
- The complexity of the procedure (the more serious the request, the less chance of winning). Unfortunately, there are examples of drawing up documentation for a favorite organizer.
- Sometimes members have to significantly reduce the cost of their services (for example, when requesting prices). The victory in the tender goes to the one who agrees to make significant price concessions, that is, is forced to give up the net profit from the tender.
- There are risks of order failure.
- Collusion of potential suppliers for the purpose of dumping, i.e., the maximum reduction in the contract price.
Common Tender Myths
Due to the fact that holding tenders (and participation in such events) is becoming an increasingly popular procedure for economic entities, the amount of information about this procedure is also growing. Participants in this procedure, knowingly or not, give rise to all sorts of myths about tender selection, some of which have become widespread.
The most common tender myths:
- In Russia, “everything is for sale,” which means that fraud is possible when organizing tenders. Of course, this myth did not appear out of nowhere. Recently, however, the Antimonopoly Service has been more active in this area, which makes it more difficult to carry out illegal actions.
- There is no one to seek protection from if illegal actions did take place. In fact, the FAS can revise the results of the tender if there is evidence of the customer's bad faith.
- Newbies' proposals will not be reviewed and accepted. If a novice performer is able to offer “appetizing” conditions for the customer and all the documentation is in order, then he will be able to compete with well-known companies.
- The customer often delays the payment of the contract. If this really happened, the contractor has the right to apply to the FAS to resolve the disputed situation.
Conditions and rules for participation in the tender selection
Tenders can be held not only by government customers and commercial organizationsbut also the owners of property rights. Both legal entities and individuals who are able to fulfill their obligations are entitled to take part in such events. But as life shows, participants in tender selections from the side of performers become large companies.
Can an individual participate
As noted above, an individual has the right to participate in the tender that interested him. The legislation does not prohibit this, presenting uniform rules for all performers.
In addition, the legislation of the Russian Federation insists on the observance of the rights of participants of any status when summing up the results of tenders.
However, the reality is that individuals rarely win in such procedures. In addition, the organizer has the right to limit the range of applicants for participation in the tender. The only exception can be low-budget purchases that are not of interest to large companies.
According to the law, only those tenders are available to individuals that are relevant:
- to the development, content of sites and other projects on the network;
- to tutoring and other educational services;
- to the manufacture of souvenirs and handmade jewelry;
- to the services of notaries, translators, photographers;
- for repair (from equipment to premises);
- to the supply of products of our own production.
In this regard, for individuals there are risks of participation in tenders, among which the following can be identified:
- impossibility of posting security under the contract;
- rejection of the application due to the need to license certain types of activities, which is not available to an ordinary citizen;
- exclusion from participation in procurement related to hazardous work.
Can an individual entrepreneur participate
The supply of goods is considered by law as entrepreneurial activity, therefore, a person with the status of an individual entrepreneur can participate in tenders.
It is worth mentioning two main conditions for the participation of individual entrepreneurs in tenders:
This is a unique list
- the requested documentation must comply with the requirements in this case;
- The individual entrepreneur must prove his financial viability.
The entrepreneur (like the rest of the participants in the procedure) should prepare in advance for the event. It is not enough to simply announce your intention to participate in the tender, since in this case it is unlikely that there is an opportunity to receive a positive response from the customer.
Documents for participation
A number of documents must be prepared to participate in the tender. However, those organizations or individual entrepreneurs that are planning their participation in such an event for the first time do not always have an idea of \u200b\u200bwhat kind of paper needs to be collected. However, there is nothing to worry about, since all requirements for the submitted documents are indicated in the tender (tender) documentation.
Tender documents are developed by the organizer or the tender committee. Its content is influenced by the nature of the event.
Methods of notification of the event:
- if the tender is open to everyone who wants to take part in it, all documents from the customer (together with the notice) are placed in the Unified Information System (EIS).
- in the event that a closed form of the event is organized, the tender documentation is sent by the customer directly to potential participants.
The tender documentation contains the following information:
- requirements for the procurement object;
- requirements for competitors;
- requirements for applications and their support;
- criteria for evaluating applications;
- terms and procedure for holding a tender;
- draft contract.
Those wishing to take part in the ongoing tenders within the time frames indicated on the website, in order to obtain tender documents, contact the initiating divisions by the contact numbers indicated in the public announcement (additional information). To participate in the tender, the applicant must submit the following documents (information about the organization):
Application for participation in the tender (initially, a copy of the application for registration is sent by fax, indicating the structural unit that posted the message about the tender);
A copy of the certificate of registration with the tax authority;
A copy of the extract from the Charter: name, address, executive body and its rights;
A copy of the decision on the appointment of the executive body;
A copy of the license (if necessary);
A copy of the ISO 9001 quality standard certificate (if any);
Competitive proposal (copy together with the application by fax).
The Bid consists of two parts:
Technical part:
The technical proposal must contain comprehensive information about the product (work performed, services), about the quality of the product (compliance with GOST, TU, SPiP and other characteristics); absence of any information on the listed issues will be regarded as non-compliance with the requirements of technical conditions.
Commercial part:
The commercial part of the proposal must contain information about the price of the subject of the tender with the obligatory indication of the total cost. The terms of payment (settlements) and possible discounts are also indicated here; volumes and terms of supplies (work performed, services rendered); terms of delivery (performance of work, provision of services), charges for delivery of goods.
When making a decision, tender commissions are guided by the following criteria:
Price of goods (works, services) and terms of payment (prepayment, deferral);
The quality of goods (works, services);
Provision of the enterprise with technical means;
The company has its own developers and research base;
The financial condition of the enterprise.
Bids must be valid for 30 days after the date of the tender.
All submitted bids and documents included in them after their consideration are not returned to the Bidders. Tenderers who have received tender documents must treat them as a confidential document and are not allowed to disclose tender information to any third party without obtaining the prior written consent of the Tender Organizer. The Organizer reserves the right to choose any Bidder as a winner, including if the price offered by the Bidder is higher than that of other Bidders, as well as to reject any Bid or all Bids without explaining the reasons for such a decision to the Bidders. If the lowest price of the subject of the tender, offered by the Bidders, exceeds the estimated cost of the Organizer, the Organizer will have the right to reject all Bids and re-tender. Placing a message on the tender on the Internet does not constitute an offer. All costs associated with the preparation and submission of the Bid shall be borne by the Bidder.
The deadlines for submitting Bids are indicated in the public announcement posted on the website. Bids received after the above deadline will not be considered. Competitive bidding or tendering is itself an open process. Applicants have the opportunity to present, defend and substantiate their own tender proposals. One of the conditions of the auction is the deadline for submitting proposals for participation in the auction. Not later than this time, all firms participating in the tender (tenderers) submit a tender, duly executed, against the signature of the tender committee.
Proposals are presented in closed, sealed envelopes (often double) to avoid early leakage of information that could be used by competitors. The outer envelope indicates the address for accepting proposals, the inner one - the tender number, its name (purpose) and the date set for accepting documents. The next stage of the auction is to compare the submitted offers, summarize the results and determine the winner. On the appointed day and hour, the tender committee opens the envelopes with the proposals received. The procedure for opening packages with bids can be carried out in public, in the presence of all bidders, representatives of the media. Such trades are called vowels.
When conducting a secret auction, tender committees open the packages at a closed meeting. The selection of the winner of the auction may follow immediately after the opening and announcement of the proposals received in the case when the goal is to select the proposal with the lowest prices, all other things being equal. However, most often it takes time to make a decision on the choice of a supplier (contractor for the construction of an object) to carefully analyze the submitted proposals and select the one that best suits the objectives of the tender. The period during which the tender committees study and analyze the proposals of the tenderers (offers) depends on the amount of information (technical, commercial, etc.) to be analyzed, usually from several weeks to several months. The decision of the tender committee on the selection of the winner of the auction may be public, and may be closed. In the first case, this decision is communicated to all bidders, as well as through the media.
In the second case, the decision to transfer the order is communicated to the winner in a confidential form. The tenderer who wins the auction, in accordance with their terms, usually makes a second security deposit. Its value usually ranges from 5 to 10% of the order value. After completing the order, the security deposit is returned.
A contract is signed with the winners of the auction, which stipulates all the necessary conditions. Contracts come into force upon approval by government agencies. The conclusion of a transaction based on the results of trading can be carried out by accepting an offer (acceptance) without the subsequent signing of a contract by both parties.
A standardized cycle of work on a "tender" project.
Stage 1. Formation within the company of a list of tasks to be submitted for the tender and approval of the type of organizations participating in it. Making a decision on holding a tender.
As practice shows, this stage is not at all superfluous, since the speed of decision-making on all subsequent stages of work depends on how unified the understanding of the tasks submitted for the tender by various employees of the company will be. It is also not bad to reach an understanding on what kind and scale of suppliers will be invited to participate in the tender, whether it will be open or closed.
Stage 2. Creation of "Brief" (Invitation to Participation).
At this stage, the employee responsible for the preparation and conduct of the tender in the customer company must state in a single document the goals of the project (holding the tender) and the requirements for the participants in the competition.
Such a brief (Invitation to Bid) will then be sent to potential tenderers for consideration.
The standard brief assumes the following composition:
Description of the customer company
Formulation of the problem
Description of the desired result
Requirements for bidders
Description of the application form (document criteria)
Evaluation criteria for applicants
Terms of the tender
Each part of this application is a meaningful and functional part of the document. Of course, your company may turn out to be from any of them, or several at once, but this will only complicate your communication with potential solution providers.
Stage 3. Selection of participating companies.
Now, after the formation of the brief, you can safely invite interested organizations to participate in the tender. Usually, if a "price tender" is announced, then 3-4 organizations are invited to participate. If it is planned to conduct a two-stage “tender for decisions”, then the number of participants at the first stage can be from 5 to 9, and two or three participants who have prepared the most interesting proposals go to the second stage.
How to determine the composition of the companies - participants for the tender?
There is an open tender in which you invite all organizations that meet the requirements. An open tender is announced through specialized media, Internet sites or professional communities. This type of tendering should be used, for example, by government agencies.
A closed tender provides for the invitation of participants by the organizing company. To be invited to participate in the first stage, participating companies are selected according to criteria that are significant for the organizer. Now that you have announced your tender, you are looking forward to receiving your initial bids.
Stage 4. Clarification of positions.
At this stage of the work, companies that have submitted initial applications for participation in the tender will contact you for additional information. Clarify your vision of the problem and the desired solutions. In order for the final proposals of the participants to look not only personalized, but also meaningful, you will need to spend some time on discussion. This is where you will remember about the reasonable limitation of the number of participants in the tender, which was written above.
In the event that the tender is scheduled for two stages after consideration of the preliminary application, the companies that entered the second round prepare final documents.
Stage 5. Presentation of final proposals.
At such a crucial moment, the finalists of the competition are invited to a meeting at the organizer company with a dry document. It is at this meeting, presenting their decision, that the provider's representatives have the opportunity to convince you that their decision is the only correct one.
And if the work on the previous stages could be carried out by one or two employees of the corresponding division, then the heads of those divisions who will act as your internal customers for the project are invited to the final presentation.
Stage 6. Final selection.
After making presentations and carefully studying the received proposal, the responsible managers of your company collectively decide on the choice of one or another supplier. In some companies, this decision is made at a meeting, through oral discussion and clarification of the views of internal customers. In other more formal cases, a rating table is created, where the final score of each bidder is determined using the weighted average method.
Stage 7. Announcement of the winners.
This is undoubtedly the most enjoyable and exciting stage for all participants. Unfortunately in russian practice It often turns out that companies that have not won a tender find out about its completion when their competitor is already fully working on a project. Agree, this behavior does not adorn the Customer. It is considered good form for general meeting or through the media (with an open tender) or personally (if the tender was closed) notify all participants about the completion of work and the choice of the final supplier of solutions.
As you can see, the work on the tender does not present insurmountable problems from the point of view of the organization. The main difficulty in this process lies precisely in the customer's awareness of the problem being solved and the choice of an adequate solution. And if you want to find the most economical solution to your problem, then you should probably only talk about comparing prices for the same services.
For Russia, the term "tender" is new, although the procedure itself, the description of which it serves, has been used for a very long time.
Its domestic synonym is auction. Despite its wide distribution in business circles, it has not yet received its consolidation at the legislative level in the Russian Federation.
For the first time such a definition appeared in 1993, after the adoption of UNISRAL Model Law, using which the states were able to reform their legislation on procurement procedures in order to ensure normal, as well as to achieve fairness and objectivity in the course of procurement.
The use of this international legal act in the procurement legislation is intended to ensure in the countries where they are applied, the maximum efficiency and economy in the implementation of this procedure.
Tender is the selection of proposals for the supply / purchase of products / services / works on a competitive basis, in accordance with pre-established conditions.
It is held over a period of time and is carried out on the basis of the principles of competition, equality and efficiency.
The organizers of the tender can be government and commercial structures, as well as entities with property rights.
Any natural or legal person is allowed to take part in the event, whose funds and direction of activity allow them to fulfill their obligations under the terms of the tender agreement.
The tender package is purchased by potential participants at a set price or provided free of charge if there is an unofficial procedure.
Views
The classification of tenders provides for their division by characteristics. Depending on the purpose, they can be focused on buying or selling.
In this case, the winner is determined immediately after consideration of all applications, after which a contract is concluded with him.
The second option is used when searching for a contractor for orders related to the implementation of large-scale engineering and design work, scientific research and others.
In such a situation, the participant first provides the customer with technical information regarding his ability to fulfill the established conditions and, after consideration by the organizer, proceeds to determine the price.
Depending on the organizer, tenders are:
- state (regulated by Federal Law No. 44) are characterized by strict requirements for the selection of participants, planning and reporting on completed public procurement, the presence of a ban on certain types of purchases, etc.
- commercial are distinguished by the lack of legislative regulation and the possibility of independent establishment of trading rules;
- purchases by individual legal entities (regulated by Federal Law No. 223) is the most problematic category of tenders, since, despite the rules established by law, the persons conducting them are also endowed with the opportunity to independently develop their own provisions, which often leads to inconsistencies in factual and legal guidelines.
It should be additionally noted that, depending on the scale of the enterprise that the customer is going to make, tenders can be divided into official and unofficial.
If the amount of bidding is small, then it is not economically feasible to carry out full-scale activities to find a contractor. In this case, the customer simply notifies potential participants about the possibility of fulfilling his order, and after considering the announced candidates, he chooses the most suitable one.
A very interesting form is the request for quotations and proposals. Their customers are carried out in order to conduct price analysis and technical capabilities potential performers.
The information obtained can be used to draw up an optimal tender package, etc.
Features of the organization of an official tender
The official tender may differ slightly in the procedure for conducting, depending on the organizer, but in general it has more in common.
Its main feature and difference from unofficial bidding is the specifically established procedure for conducting and passing, determined directly by the customer himself and corresponding to the legislation.
It includes the following items:
- development by the tender commission of all criteria for a future project;
- posting information about the upcoming tender with the possibility of providing a tender package;
- submission of applications by potential performers, accompanied by the relevant documentation, which serves as their basis for the execution of the placed order;
- consideration of applications by the organizer;
- selection of the winner and conclusion of a contract with him.
In order to protect themselves in advance from an erroneous transaction, some companies require participants to provide bank guarantees.
This requirement always applies to government procurement tenders..
Classification of tenders by admission of participants
According to the admission of participants, tenders are divided into open and closed.
The first type provides for complete publicity regarding participation information.
Information can be posted both on electronic trading platforms, and in the media, on network portals and in other sources. As a rule, there are no restrictions on filing applications.
The second, on the contrary, implies confidentiality. The circle of participants in this case is small.
The need for a closed tender may be dictated by considerations of state security, or the price for the organizer's order itself is so low that it does not justify holding a large-scale tender.
What is electronic trading?
Electronic tenders are carried out on special platforms on the Internet. There are a lot of them on the network.
Among them there are 5 official trading platforms where government tenders are organized.
The procedure for conducting such events (electronic) is not much different from the traditional one. Participants are required to provide similar documentation, the organizers are required to collect and process information, etc.
The activities of such resources and the order of events taking place within their framework are regulated by the legal norms of the Russian Federation.
So, there are a huge number of tenders, and the emergence of each of them is a consequence of a certain need for a particular market niche.
It is safe to predict that their number will grow steadily.
As for regulation at the legal level, the state policy in this regard is aimed at providing conditions for healthy competition and saving budget funds.
Despite the fact that public procurement tenders are held under more stringent conditions than commercial ones, the opportunities provided by the state often turn out to be wider for their executors.
FAQ
Having learned about such an event as a tender and how to participate in it, you can proceed to the registration and submission of documents.
The list of documents is determined by the customer himself, but there is a basic package that is required in any case. It includes:
- application, which is certified by the head of the enterprise;
- application and attached presentation with information about past projects;
- an inventory of the documentation that is in the package;
- copy of TIN certified by a notary;
- certificate of state registration;
- a certificate confirming the absence of debt to the tax service;
- reporting on financial condition companies over the past three months.
Besides, the customer can include a clause on securing the application... This suggests that the applicant must deposit a certain amount in advance, which is no more than 5% of the total contract amount.
Such actions are confirmation of the contractor's intentions to fulfill the order. The transfer of these funds confirms the payment order, which is submitted for consideration with a package of documents.
This deposit will be withheld in the event that the participant decides to evade the execution of this order after he is selected as the executor. All applicants are refunded their invested amount after the competition is completed... This also applies to those participants who prematurely withdrawn the application.
Participation in tenders for a government contract is a prestigious and profitable event for any company. However, most companies hesitate to take this step. There are many reasons, and the most common among them is a lack of understanding of the public procurement procedure. How to take part in the tender and what you need to know for this?
What you need to participate in tenders
Contrary to popular belief, not all tenders are "custom", and not only large companies can win in them: the sphere of public procurement is strictly regulated by law. Any company that meets certain criteria can win a tender or auction without prior contact with the customer.
So, in order to participate in the auction, you need to pay attention to the following points:
- knowledge of legislation and processes in the field of procurement;
- compliance with the requirements for applicants;
- compliance of the auction product with the requirements of the auction organizer;
- availability of all the necessary documentation drawn up in the prescribed form;
- financial support of the application.
Knowledge of legislation and processes in the field of public procurement. To date, government tenders are governed by Federal laws:
- dated April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ);
- dated July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (hereinafter - Law No. 223-FZ).
Some aspects of the application of these laws are enshrined in additional regulations, which are the decrees of the Governments.
The legislation regulates all stages of the tender:
- announcement of tenders;
- timing and application process;
- the amount of collateral for applications and contracts;
- conditions for changing or withdrawing an application for participation;
- conditions for the provision of clarifications by the customer on the tender documentation;
- conditions for opening envelopes (in case of tenders);
- general principles for determining the winner;
- the procedure for appealing against the actions of the customer;
- the procedure for concluding contracts.
Simply put, everything you need to know for a preliminary acquaintance with the procedure for organizing and conducting public procurement can be found in laws and regulations.
Compliance with the requirements for applicants. Requirements for participants are established in Laws No. 44-FZ and No. 223-FZ, as well as other regulatory documents, for example, in the decree of the Government of the Russian Federation of February 4, 2015 No. 99. The law also prescribes what additional conditions can be put forward by the state customer.
Basically, the requirements are general characterfor example, no tax arrears. Additional requirements include certain work experience, etc. In general, conditions depend on the type of tender. For example, anyone can take part in an open tender or auction. entity, which meets the general requirements for participants and provides the necessary package of documents. In closed tenders, the range of suppliers is limited: as a rule, performers are invited directly by the customer, since such purchases are often associated with state secrets.
It should be noted that customers of commercial tenders are not required to strictly comply with the terms of the legislation in the field of public procurement. They have the right to set their own requirements for participants.
Compliance of the bidding product with the bidder's requirements... The qualitative and quantitative characteristics of the purchased goods or services, including the country of origin, are established by the state customer in accordance with the legislation. Typically, product requirements are spelled out in the tender documentation. If there is not enough information, then the customer can be asked for clarifications, which he is obliged to provide.
The contractor must carefully study the documentation and the conditions prescribed in it, in accordance with the requirements to make his proposal for the execution of the contract. Non-compliance of the product with the conditions leads to the rejection of the application for participation.
Availability of all the necessary documentation drawn up in the prescribed form... A standard package of documents that is required to participate in any state tender is spelled out in the legislation. However, the customer can request additional documents without violating the provisions of the law. The standard package, as a rule, includes an application made according to the sample provided by the customer, a proposal for the execution of the contract and documents about the participating company. It is important to draw up and provide all documentation correctly. The customer may not pay attention to minor flaws, but more serious errors will lead to rejection of the application.
Note that the organizers of commercial tenders can request documents at their discretion.
Financial support for the application or execution of the contract. The law stipulates that the application security can be up to 5% of the contract value, and the contract security amount - up to 30%. This prerequisite can be met by posting a deposit or providing a bank guarantee. Which option is most acceptable, only the participant himself can decide.
The amounts of contracts are often significant, and the collateral involves the withdrawal and freezing of funds from circulation for an extended period of time. Therefore, a bank guarantee is generally considered more convenient and effective tool securing the application.
What are the requirements for bidders
As noted earlier, the basic requirements for bidders are established by law. These include:
- the participant has no tax arrears or arrears (if any, there are compelling reasons to justify them);
- the head and other officials of the participating company have no criminal record in the economic sphere (with the exception of canceled or canceled conviction);
- the participant has exclusive rights to the results of intellectual activity (an exception is contracts for the creation of works of literature or art, for financing the rental or screening of a national film);
- no conflict of interest between the customer and the participant (that is, the top officials of the customer's and the contractor's companies cannot be related, since all tenderers must be provided with equal conditions).
The following conditions are mandatory:
- the tenderer cannot be an offshore company;
- information about the participant should not be in the register of unscrupulous suppliers;
- the company's activities should not be suspended;
- the company should not be liquidated;
- the company must not be bankrupt.
The listed requirements are quite feasible, they can be confirmed by appropriate documents. For example, providing a copy of the profit and loss statements will show that the company is doing well.
In some types of tenders, for example, in a two-stage tender, additional requirements may be imposed on the participants:
- work experience related to the subject of public procurement;
- positive business reputation participant;
- financial capacity to fulfill the terms of the contract;
- the required number of specialized employees for the execution of the contract;
- availability of equipment and other material resources for the execution of the contract.
As mentioned earlier, commercial tenders can set their own requirements. These include, for example, obtaining accreditation from a bidding company.
What documents are needed to participate in tenders
Before taking part in the tender, you must collect a package of documents. The legislation provides for the following standard package:
- application for participation, certified by the head;
- list of documents attached to the application;
- company documents (name, address, TIN, certificate of state registration);
- extract from the Unified State Register of Legal Entities or EGRIP (or their notarized copies);
- copies of constituent documents;
- certificate of absence of tax arrears;
- a document confirming the authority of the person acting on behalf of the bidder (a copy of the decision on the appointment of a manager or a power of attorney);
- a copy of the order on the appointment of the chief accountant;
- documents confirming the right to an advantage (for example, a declaration of belonging to a small business entity);
- documents confirming the compliance of the competitor with the requirements for bidders;
- documents confirming the entry of security for the application for participation (payment order or bank guarantee);
- if necessary: \u200b\u200bdocuments confirming the participant's compliance with the prohibitions and restrictions established by the customer.
It is difficult to predict additional documents that the customer may request under the law, since this package depends on the type of tender (construction, transport), as well as on the characteristics by which the customer determines the supplier's qualifications.
The customer makes his requirements to the participants of commercial tenders. Strict regulation by Laws No. 44-FZ and No. 223-FZ does not apply to them. The activities of such customers are regulated by the Civil Code. In addition to the standard package of documents, a commercial customer may require accreditation documents (they must be updated at least once a year) and an up-to-date electronic digital signature (EDS), since almost all commercial tenders are held on electronic trading platforms.
Securing the application
An important point to pay attention to is collateral. As mentioned earlier, the amount of security for an application for participation reaches 5%. With a high contract value, this amount is significant.
The legislation provides for two ways to secure an application: a pledge and a bank guarantee. Depositing a deposit removes a significant amount from the company's turnover for a long time, since such collateral is returned to the participating company only after the results of the competition are summed up, and in case of its victory - after signing a contract with it.
The bank guarantee will secure the application with minimal cost... The guarantor for the fulfillment of obligations to sign the contract is a third party, that is, a credit institution that is included in a special register and has the right to issue bank guarantees. Of course, such a document will take time. You need to choose the right bank, meet the requirements of the credit institution and collect the necessary package of documents. But today there are a large number of brokers who will take over the entire process of issuing a guarantee and help you get a document in a short time.
Documents for participation in the electronic auction
Today more and more tenders are held in in electronic format... Government purchases in this form take place on special trading platforms, where the supplier must obtain accreditation. An electronic digital signature is also required. To participate in electronic auctions, the standard list of documents looks like this:
- Company documents (name, address, TIN).
- Copies of documents confirming compliance with the requirements of the product or service.
- Documents confirming the right to advantage (for example, a declaration of belonging to a small business entity).
- If necessary: \u200b\u200bdocuments confirming the participant's compliance with the prohibitions and restrictions set by the customer.
It should be noted that under Law No. 223-FZ, the list of documents is identical.
As you can see, there are many subtleties and nuances that a potential tender participant may not pay attention to, but this will be important for the customer. However, as they say, the eyes are afraid - the hands do. Be sure to prepare seriously, seek professional help if necessary, and then you are guaranteed success!
The main method of competitive procurement is open competition (bidding, tender), in which any eligible supplier can take part, having responded to the notice of the tender, distributed by the customer.
An open tender is a method of issuing orders for the supply of goods, the provision of services or the performance of contract work according to the conditions previously announced in the tender documentation and within the agreed time frame on the principles of competition, fairness and efficiency.
The notice is usually published in specialized publications (including electronic ones), often on the customer's website, sometimes in leading newspapers and magazines, as well as other mass media.
The decision to hold tenders (tenders) is made by the customer if there is sufficient investment for the construction or documented financial guarantees for the timely receipt of the funds necessary to complete the order.
A construction order can be placed through tenders (tenders) for the implementation of the project as a whole, and for a significant amount of work - for the construction of complexes, the implementation of the sequence, construction stages determined by the project documentation.
It is not allowed to divide the order into parts in order to artificially reduce the cost of the order and to avoid holding tenders (tenders).
All requirements for purchased products and qualifications of suppliers, as well as the criteria for choosing a winner and the procedure for holding a tender are prescribed in detail in the tender documentation, which is distributed either free of charge or for a fee not exceeding the costs of the organizer of the tender for its replication and distribution.
Bidding (tenders) is organized by the customer, who must not commit discriminatory actions against contractors and bidders.
Contractors are not allowed to participate in tenders (tenders) or their participation in tenders (tenders) may be terminated if they:
- · Declared bankrupt or a bankruptcy case has been initiated against them;
- · Are in the process of liquidation, have stopped their economic activities, do not have a license to perform the relevant work in Russia;
- · Provided biased information about their professional readiness to fulfill the order, as well as about the availability of production facilities, financial reliability.
Tender procedures shall not apply if:
- · The order could not have been foreseen in advance and requires fast execution.
- The order constitutes a state secret or is related to the interests of national defense and national security,
- Objects are built in an economic way,
- An international treaty of Russia establishes other rules that differ from those provided by the Regulations,
- Construction is carried out under agreements on foreign loans, which are provided under the guarantees of the Cabinet of Ministers of Russia by international financial institutions, foreign financial and credit institutions requiring the use of special tender procedures,
- · Otherwise provided by acts and legislation.
Organizational work of the customer.
The preparation and holding of tenders (tenders) is provided by the customer or on his behalf by the organizer, who form a tender committee (temporary or acting on a permanent basis), which includes representatives of the customer, ministries, and other central bodies executive power, local state administrations, executive bodies of councils, project and public organizations and etc.
The composition of the tender committee is approved by the customer. The chairman of the tender committee is the head of the enterprise, institution of the organization - the ordering party (tenders) or other executivewhich is assigned to them.
The customer or organizer carries out:
- - publication of an announcement of tenders (tenders) or sending invitations to contractors;
- - acceptance and registration of applications from contractors for participation in tenders (tenders);
- - development of documentation for prequalification of applicants and sending it to applicants;
- - preparation of tender documents and sending it to applicants;
- - organization of visits by applicants to the construction site;
- - providing clarifications to the questions of the bidders regarding the clarification of the information contained in the tender documents;
- - making additions and changes to the tender documents and informing all bidders about them.
The tender committee is responsible for:
- - carrying out preliminary qualification of applicants; acceptance, registration and storage of tenders (offers) of applicants;
- - opening of bids (offers) and their announcement, clarification with the bidders, if necessary, of certain questions regarding the bids;
- - evaluation of bids (offers) and decision-making based on the results of the evaluation;
- - determination of the winner of the auction (tenders);
- - documenting information on the procedure and results of tenders (tenders); preparation of a report on tenders (tenders);
Decisions of the tender committee are taken at closed meetings in the presence of at least two-thirds of its members by an open vote by a simple majority of votes. In case of equal distribution of votes, the vote of the chairman of the tender committee is decisive.
Decisions of the tender committee are drawn up in a protocol, which is signed by all members of the tender committee who took part in the voting.
The customer controls the progress of work related to the holding of tenders (tenders), resolves the most important issues arising in its process, approves the minutes of the meetings of the tender committee, tender documentation, results of tenders (tenders), considers complaints from applicants, finalizes the terms of the contract with the winner of the tender ( tenders) and signs a contract with him.
The customer can, at any stage of the bidding (tenders) prior to the conclusion of the contract, if it was provided for in the tender documentation, terminate the bidding (tenders), notifying all applicants about this within three days with justification of his decision. The customer is not liable to the bidders for such a decision. ...
Announcement of tenders (tenders).
According to Article 448 of the Civil Code of the Russian Federation, a notice of open tenders (tenders) or an invitation to closed tenders (tenders) and competitive negotiations must contain information on:
- - address, terms, conditions and other information on teaching tender documents;
- - the subject and procedure of the competition;
- - initial price;
- - Name, address, phone numbers of the customer or organizer and the tender committee;
- - the name and description of the order;
- - the source of financing for the order;
- - the method of holding tenders (tenders);
- - the desired or deadline for the execution of the order;
- - timing and place of submission of documents for the preliminary qualification of applicants;
- - the possibility of clarifying the information required for the preparation of documents in order to conduct prequalification of applicants;
- - timing, address and method of submitting tender proposals (offers);
- - registration of participation in the competition;
- - determining the winner;
- - terms of concluding an agreement with the winner.
Announcement of open tenders (tenders) and inviting contractors to participate in closed tenders (tenders) or competitive negotiations is given by the customer or organizer, subject to the readiness of the tender documentation
The announcement of open tenders (tenders) must be published by the customer in newspapers, other official periodicals and in the foreign press, in particular in technical magazines that are distributed in international catalogs. If necessary, the customer can make an announcement about their holding on radio or television.
Invitations to participate in closed bidding (tenders) and competitive negotiations are sent to contractors who are able to fulfill the order. Participation in such auctions and negotiations without invitations is impossible.
The customer, no later than three days after the publication of announcements of tenders (tenders) or sending invitations to contractors to participate in closed tenders (tenders) and competitive negotiations, sends copies of them to the body that provides financing for the order.
Publication of the announcement of open tenders (tenders) or sending invitations to contractors to participate in closed tenders (tenders) must be carried out 1-6 months before the deadline for submission and registration of tender proposals, depending on the complexity of the order and the time required for the preliminary qualification of applicants and preparation tender proposals.
If necessary, the customer may decide on other terms for submission and registration of bids.
An announcement about open tenders (tenders) or an invitation to closed tenders (tenders) and competitive negotiations must contain information on:
If the customer envisages the possibility of canceling the tender, this must be clearly stated in the notice, since otherwise, if the tender is canceled less than 30 days before its holding, the organizer open bidding is obliged to compensate the participants for the actual damage they have suffered. Hardly any of the suppliers will decide to use this right, but it is better to prevent this situation.
Pre-qualification selection.
The process of evaluating bids is very time consuming and laborious. If there are a lot of applications (more than 7-10), the customer's expenses for the analysis of proposals increase significantly, and the total evaluation time increases. In addition, a low-skilled supplier who formally best dealare often objectively unable to fulfill the terms of the contract at the proper level.
Therefore, it is sometimes advisable to conduct a supplier evaluation prior to the bidding stage, so that ultimately only qualified suppliers are bidding. For this, the stage of prequalification (prequalification) is included in the open tender procedure.
Prequalification is also beneficial for the bidders - those who do not meet the customer's requirements will save the energy and money that would be spent on the purchase of bidding documents, preparation of bids and provision of security.
Most often, this procedure is used when holding tenders for the construction of large facilities, complex consulting projects, and the supply of special equipment.
In some cases, the qualification selection is carried out as a separate procedure in order to form a list (register) of qualified suppliers with whom the customer will deal with in further purchases.
Before evaluating the qualifications of suppliers, it is necessary to make sure that they are all eligible (i.e., have the right to supply goods, perform work or provide services), as otherwise assessing the qualifications of such suppliers would be a waste of the customer's time.
At the same time, when assessing the qualifications of a supplier, it is important to correctly establish the list of qualification requirements and the qualification threshold for them, without unnecessarily overestimating, but also not underestimating the requirements. Otherwise, you can get either a very short, or even empty, list of potential contractors, or, conversely, an incredibly long list, which makes the qualification selection procedure meaningless.
The information provided by applicants for prequalification must contain:
- - copies of documents certifying the legal status of the place of registration of the organization, a copy of the license,
- - a certificate on the annual volume of construction and installation work performed over the past three years in value terms,
- - a certificate of the experience of performing similar orders over the past three years, indicating the customers for whom they were carried out, and their details,
- - a list of the main building materials, which are intended to be used to fulfill the order, indicating their manufacturer,
- - information about the qualifications and experience of specialists who will take part in the execution of the order,
- - a report on the financial and property position, financial results and balance sheet of the enterprise (applicant),
- - information about arbitration cases over the past three years,
- - proposals for attracting subcontractors.
If necessary, contractors may be required to provide information other than those constituting a commercial secret.
During the qualification assessment of applicants, it is necessary to take into account their compliance with the following minimum requirements:
- - the average annual volume of work that they performed earlier must not be less than that provided for by the order,
- - have experience of work as a general contractor at least two objects similar in nature and complexity to the one provided for by the order,
- - to have in their possession or to guarantee the possibility of acquiring or performing (purchase, leasing, leasing, etc.) machines and mechanisms necessary for the performance of work,
- - own enough to fulfill the order working capital or have documented guarantees from the bank about the possibility of obtaining a loan.
Applicants who have not been prequalified are notified in writing with appropriate justification within three days after the decision is made. They can read the official prequalification report, but they have no right to demand proof or clarification from the client regarding the reasons for the decision.
Tender security.
The tender security is provided by the applicant to the tender committee and confirms the seriousness of his intentions to take part in the auction (tenders).
The size of the tender security is established by the customer in the amount of not more than one percent of the expected (calculated) price of the order.
The customer has the right to make a decision to hold tenders (tenders) without the applicants providing tender security.
The customer must indicate in the tender documents the method of providing the tender security (in the form of a certified check, bill of exchange, bank guarantee, government bonds, etc.). Provision of tender security in another form or by another organization should be coordinated by the applicant with the customer before submitting his tender proposal.
A tender proposal, which does not include the tender security provided for in the tender documentation, may not be considered.
The customer returns to the bidders their tender security within 10 days after making one of the following decisions:
- Inconsistency of the applicant qualification requirements,
- The applicant is not admitted or his participation in the bidding (tenders) is terminated,
- · The applicant is not recognized as the winner of the auction (tenders),
- · On early termination of trading (tenders).
The tender security for the winner of the auction (tender) is credited after the signing of the contract as a guarantee of the fulfillment of contractual obligations, if the presentation of such a guarantee is provided for in the tender documentation, or as a property liability for non-fulfillment of the terms of the contract.
The tender security shall not be returned to the applicant in the event of:
- - changes by him of the tender proposal or its withdrawal after the end of the term for its submission,
- - his refusal, as the winner of the tender (tenders), to conclude a contract for the execution of the order on the conditions stipulated by the tender documentation, or to provide a guarantee of the performance of the contract, if its provision was provided for by the draft contract,
- - the applicant's disagreement with the customer correcting arithmetic errors identified during the verification of his tender proposal.
Development of alternative proposals.
Alternative bids may be developed by the bidder at the same time as the bid, developed in accordance with the terms of the bidding documents, if this is provided by the instructions for bidders. Alternative proposals submitted without the main tender proposal or not provided for by the terms of the tender are not considered.
Alternative proposals may provide for changes in the design documentation, and all the necessary information must be provided for their assessment (structural calculations, substantiation drawings for new technologies, methods of performing work, a list of works and prices for their implementation, etc.).
Preparation of competitive applications.
The preparation of the tender application begins by the supplier at the time of receipt
tender documentation (although preliminary work such as analyzing potential competitors, obtaining unofficial information, etc. should start earlier). This stage is key in the supplier's work.
The organizer of the competition may set a fee for the competition documentation or require a contribution in various forms to participate in the competition. bidding tender supplier estimate
As a result, at the stage of obtaining tender documentation, some suppliers have difficulties. Firstly, the documentation is usually purchased for cashless payments. Accordingly, it takes time for internal approval in the company (management, financial department, etc.), making a payment, and receiving money to the account of the organizer of the auction. Thus, several days are lost from the time allotted for the preparation of a tender proposal, which is often quite limited.
Secondly, especially when it comes to complex purchases, several specialists work on the preparation of a tender proposal. Accordingly, it is necessary to have a sufficient number of copies of the documentation. Most tenders require bidders to provide tender security (usually in the form of a bank guarantee). Its size usually does not exceed 3% of the estimated contract price. The tender documentation must indicate the selection criteria for the winner. This is not always done, but the lack of complete information on this issue can be considered as indirect evidence of the organizer's dishonesty and bias of the competition.
It is worth noting that the choice of a supplier is not always based on best price applications, especially when it comes to purchasing consulting services. The cost of the customer for operation, maintenance, maintenance and repair of products, the time of delivery of goods, completion of work or the provision of services, functional characteristics products, delivery and payment schedules, etc.
The customer's requirements to the supplier cannot be ignored, but they can be discussed by sending a request to the organizer of the competition. It may well be that this or that requirement fell into the tender documentation through an oversight. Such a discussion should be documented - questions are sent in writing, and the customer's decisions to change the terms of the tender and tender documentation are drawn up by issuing additions to it.
The supplier's tender application must be drawn up in full compliance with the requirements of the tender documentation, and due attention should be paid to all formal requirements - initiation and signing of the proposal sheets by a person who has the right to sign (and this right must be confirmed by an appropriate document, such as a charter or a power of attorney), at all required print locations, marking application envelopes, etc.
Unfortunately, rejection of applications on formal grounds is not so rare. The reasons for making such decisions can be quite varied: the absence of a signature on some documents, changes in the forms of tender applications, etc.
All answers to suppliers' questions must be communicated to the rest of the bidders (without attribution of the question's authorship). Of course, this rule does not apply to questions, the answer to which is contained in the tender documentation (this often happens when the supplier did not consider it necessary to carefully study its requirements).
The organizer of the tender may make changes to the tender documentation and extend the deadline for submitting proposals. In this case, all participants in the competition must also be notified.
Sometimes, as part of the tender application, it is required to submit the original and several copies of the proposal, which are necessary for the convenience of the members of the evaluation committee. And we are talking about a full copy of the proposal, with all signatures and seals, and not a simple photocopy.
Securing a tender application.
Conducting a competition takes a lot of time and requires a lot of other resources from the customer, including highly professional specialists. If you comply with all the requirements of the law, then it is rather difficult to hold an open tender in less than one and a half to two months: the Civil Code allocates at least 30 days only for the preparation of tender applications. It is not uncommon that the same or even more is spent on the preparation of tender documentation and the evaluation of the proposals of the applicants.
Therefore, the desire of the customer to insure himself against the risks associated with the failure of this procedure is quite reasonable, first of all, from the winner's refusal to fulfill the contract on the conditions contained in the tender documentation and the tender application. Russian legislation provides for the main methods of securing obligations (Art. :
- - forfeit;
- - pledge;
- - retention of property;
- - surety;
- - bank guarantee;
- - a deposit,
and also allows the use of other methods provided by both the law and the contract.
Evaluation of proposals.
The key element in choosing a counterparty is the stage of evaluating bids.
According to the Civil Code, the winner of the tender is the supplier who, according to the conclusion of the tender committee, offered the best conditions. Therefore, the tender documentation must contain requirements for suppliers, as well as formulate what conditions the winner's proposal must meet and how this compliance will be determined by the commission.
The organizer of the competition should avoid general language such as " best quality, the best delivery conditions ", etc., specifying all the criteria and indicating their significance (weight). At the same time, if possible, you should exclude (minimize the use) of difficult to formalize (quality) criteria. This is relatively easy to do when purchasing goods, but for works and services - quite problematic, and sometimes impossible.
The criteria used when choosing a supplier and their weights depend not only on the procurement item, its price and quality characteristics. It is also important to take into account the volumes and objectives of the purchase.
It is necessary not only to highlight the evaluated criteria, but also to choose the right evaluation methodology. Sometimes, different methodologies used to evaluate the same vendor provide conflicting guidelines for determining the winner.
Determination of the winner of the auction (tenders).
The winner of the bidding (tenders) is the applicant who, according to the assessment and comparison of bids, took the first place in the list. If this bidder refuses to conclude a contract, the bidder who takes the next place is considered the winner of the bidding (tenders).
If the prices of all tenders exceed the price tentatively determined by the customer, these tenders may be rejected, and the tenders (tenders) are deemed to have not determined the winner.
The decision on the results of tenders (tenders) is drawn up with a protocol and approved by the customer in agreement with the body that provides financing for the order within the time period stipulated by the terms of tenders (tenders), but no later than 45 calendar days from the date of opening the tender proposals.
The message on the acceptance of the tender proposal of the winner of the auction (tenders) must be sent to him no more than 3 days after the approval of the decision on the results of the auction (tenders).
The winner of the bidding (tenders) after receiving the acceptance of the tender offer provides the customer with guarantees for the fulfillment of contractual obligations (if this is provided by the instructions for the bidders) after which the parties finally agree and conclude the contract.
The contract signed by the customer is sent to the winner of the auction (tenders) within 10 calendar days after the acceptance of his tender proposal. The winner of the auction (tenders) must sign the contract within 14 calendar days after receiving it from the customer. Failure to sign a contract within the specified period is considered a refusal to conclude a contract.
After signing the contract or determining the tenders (tenders) that have not determined the winner, the customer must, within no more than 5 days, send: to the applicants who took part in the tenders (tenders) but not become winners - a copy of the decision on the results of the tenders (tenders).
Expenses for holding tenders (tenders).
The costs of organizing and holding tenders (tenders) are carried out at the expense of the customer and are included in the cost of construction.
The estimate for the organization and holding of tenders (tenders) is drawn up and approved by the customer in agreement with the body that provides financing for the order
If the tender (tenders) did not take place or the winner was not determined and in the future the customer refused to carry out the construction, the costs of the customer for the tender (tender) are reimbursed by the enterprises due to the main activities, departments (departments) capital construction local executive authorities - at the expense of the local budget, directorates of enterprises under construction - at the expense of funds for construction or other sources determined by the body that created the designated directorate.
The contractor's expenses for preparing the tender are charged to his overhead costs. If, according to the terms of the auction, the bidders are required to develop draft plans for other documents, this work can be paid by the customer. The amount and terms of payment for these works are determined by the instructions for applicants.
Confidentiality of information.
If the information provided for in the tender documentation or tender proposal of the applicant is confidential, the parties notify each other in writing and are responsible for its disclosure in accordance with the law.
Project design and other solutions or calculations included in the tender offer are the property of the bidder and MAY be used by the customer only for holding tenders (tenders) for which they were submitted. Any other use of them is possible only with the written permission of the applicant.
Consideration of complaints and disputes.
In case of violation of the procedures for holding tenders (tenders) of other conditions, applicants have the right to submit complaints to the customer in writing.
Not later than 3 days after receiving the complaint, the customer must notify all applicants about its submission and content, time and place of consideration.
During the consideration of a complaint, any applicant or government agencyinterested in holding tenders (tenders) has the right to take part in the consideration of the complaint An applicant who filed a complaint, but did not take part in its consideration, is deprived of the right to further appeal to the customer with requirements regarding the revision of his complaint.
The customer may not consider the complaint if it was submitted more than 15 calendar days from the date of the basis for the complaint.
The customer must suspend the bidding (tenders), provided that the complaint is recognized by him as one that has grounds and, if the bidding (tenders) is not suspended, may cause losses to the bidder.
The total period for suspension of trading (tenders) may not exceed 30 calendar days.
Suspension by the customer does not apply if, taking into account the urgent common interests, the bidding (tenders) should be continued.
Any decision made by the customer in accordance with this clause, as well as the justification for its adoption, is sent to the applicants who filed a complaint within 5 calendar days after the decision was made.
The customer's decisions about:
- - choosing the method of holding tenders (tenders) and the procedure for determining the winner,
- - recognition of tenders (tenders) invalid.
The customer must consider the complaint, make a decision and notify the applicant about it in writing within 15 calendar days, setting out the reasons and justifications on the basis of which this decision was made.
If the customer does not make a decision within the specified time period or the applicants who filed the complaint do not agree with the decisionthey have the right to go to court or court of Arbitration in accordance with the law.