Tender decision. Organization and conduct of tender procedures

Those wishing to take part in ongoing tenders within the time limits specified on the website, to obtain tender documentation, contact the initiating divisions at the contact numbers indicated in the public announcement (additional information). To participate in the tender, the applicant must submit 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 an 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 available);

Bid (copy along with application by fax).

The Bid consists of two parts:

Technical part:

The technical proposal must contain comprehensive information about the product (work performed, services), product quality (compliance with GOST, TU, SPiP and other characteristics); the absence of any information on the listed issues will be regarded as failure to comply with the requirements of the technical specifications.

Commercial part:

The commercial part of the proposal must contain information about the price of the subject of the tender with the obligatory indication total cost. The terms of payment (settlements) and possible discounts are also indicated here; volumes and timing of deliveries (work performed, services provided); terms of delivery (performance of work, provision of services), allocation of costs for delivery of goods.

When making decisions, tender commissions are guided by the following criteria:

Price of goods (works, services) and terms of payment (advance payment, deferment);

Quality of goods (works, services);

Provision of the enterprise with technical means;

The company has its own developers and research base;

Financial condition of the enterprise.

Bids must be valid for 30 days after the tender date.

All submitted tender proposals and documents included therein will not be returned to the Tender Participants after their consideration. Tenderers who receive the tender documentation must treat it as a confidential document and are not entitled to disclose information relating to the tender to any third party without obtaining the prior written consent of the Tender Organizer. The Organizer reserves the right to select any Tender Participant as the winner, including if the price offered by the Participant is higher than that of other Tender Participants, as well as to reject any Bid or all Bids without explaining to the Tender the reasons for such a decision. If the lowest price of the tender item proposed by the Tender Participants exceeds the estimated cost of the Organizer, the Organizer will have the right to reject all Bids and re-tender. Posting a message about a 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 Tenderer.

The deadline for submitting Bids is indicated in the public announcement posted on the website. Bids received after the above deadline will not be considered. The conduct of a competitive bidding or tender is itself an open process. Applicants have the opportunity to present, defend, and justify their own tender proposals. One of the conditions of the auction is the deadline for submitting proposals for participation in the auction. No later than this time, all companies participating in the tender (offerers) submit a duly executed tender against signature to the tender committee.

Proposals are submitted in closed, sealed envelopes (often double envelopes) to avoid early leakage of information that could be exploited by competitors. The outer envelope indicates the address for receiving proposals, the inner envelope contains the tender number, its name (purpose) and the date set for accepting documents. The next stage of the bidding is comparing the submitted proposals, summing up the results and determining the winner. On the appointed day and time, the tender committee opens the envelopes with the received proposals. The procedure for opening packages with proposals can be carried out in open conditions, in the presence of all bidders and representatives of the media. Such trades are called public trades.

When conducting silent bidding, tender committees open packages at a closed meeting. The selection of the winning bidder may follow immediately after the opening and announcement of the received proposals in the case where the goal is to select the proposal with the most low prices other things being equal. However, most often, making a decision on choosing a supplier (contractor for the construction of a facility) requires time to carefully analyze the submitted proposals and select the one that the best way corresponds to the purposes of the auction. The period during which 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 to select the winner of the tender may be public, or it 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 winning bidder, in accordance with their terms, as a rule, 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 winning bidders, which stipulates everything the necessary conditions. Contracts come into force after approval by government agencies. The conclusion of a transaction based on the results of the auction can be made by accepting the offer (acceptance) without subsequent signing of the contract by both parties.

Standardized cycle of work on the project “conducting a tender”.

Stage 1. Formation within the company of a list of tasks submitted for tender and coordination of the type of organizations taking part in it. Making a decision to hold 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 uniform the understanding of the tasks submitted to the tender is by various employees of the company. It is also good to reach mutual understanding on the issues of what type and scale suppliers will be invited to participate in the tender, whether it will be open or closed.

Stage 2. Creation of a “Brief” (Invitation to Participate).

At this stage, the employee responsible in the customer company for preparing and conducting the tender must set out in a single document the goals of the project (tender) and the requirements for the competition participants.

Such brief (Invitation to Participate) will then be sent to potential bidders 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 tender participants

Description of the application form (document criteria)

Criteria for evaluating applicants

Terms of the tender

Each part of this application is a meaningful and functional part of the document. Of course, your company may end up with 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 brief has been formed, you can safely invite interested organizations to participate in the tender. Usually, if a “price tender” is announced, 3-4 organizations are invited to participate. If a two-stage “tender for solutions” is planned, then the number of participants in the first stage can be from 5 to 9, and two or three participants who have prepared the most interesting proposals enter the second stage.

How to determine the composition of companies participating in the tender?

There is an open tender in which you invite all organizations that meet the requirements to participate. An open tender is announced through specialized media, Internet sites or professional communities. This type of tendering should be used, for example, state organizations.

A closed tender involves 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 to the organizer. Now that the tender has been announced, you look forward to receiving 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 ways to solve it. In order for participants' final proposals to appear not only personalized, but also meaningful, you will need to spend some time on discussion. This is where you remember the reasonable limitation on the number of tender participants, which was described above.

In the event that a two-stage tender is scheduled after consideration of the preliminary application, the companies that make it to the second round prepare final documents.

Stage 5. Presentation of final Proposals.

At such a crucial moment, a dry document is indispensable; the finalists of the competition are invited to a meeting at the company by the organizer. It is at this meeting, presenting their solution, that the provider’s representatives have the opportunity to convince you that their solution is the only correct one.

And if the work at the previous stages could be carried out by one or two employees of the relevant department, then the heads of those departments that 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 proposal received, the responsible managers of your company collectively make a decision on choosing one supplier or another. In some companies, this decision is made at a meeting, through oral discussion and clarification of the opinions of internal customers. In other more formal cases, a rating table is created, where the final score of each tender participant is determined using the weighted average coefficient 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 do not win a tender find out about its completion when their competitor is already working hard on the project. Agree, this behavior does not look good on the Customer. It is considered good form to general meeting or through the media (if an open tender) or personally (if the tender was closed) notify all participants about the completion of work and the selection of the final solution provider.

As you can see, working on the tender does not present insurmountable problems from the organization's point of view. 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 it’s probably worth talking only about comparing prices for the same services.

Among representatives of various organizations and enterprises, one can increasingly hear about the term “tender”. However, few people know that it is this set of measures that helps some companies find other contracting firms with maximum benefit for myself. We will tell you in more detail what a tender is and all the nuances of its implementation in our article.

Brief background about the tender

The concept of “tender” was first discussed in America at the end of World War II. It was the Americans who came up with the idea to develop a tender system. The fight against corruption played a certain role in this. As it turned out, a lot of money ended up in the pockets of dishonest officials and was not used at all for the needs of the public.

In Russia, they learned about what a tender was a little later, closer to the harsh 90s. However, most business leaders did not try to take advantage of successful innovations, since they had not yet had time to really understand everything.

In addition, at that time the spirit of nationalization reigned in the cities and made it difficult to understand the essence of the issue. But time put everything in its place, and they started talking about tenders seriously. So what is it and what can it be used for?

"Hu from xy", or what constitutes a tender

What a tender is can be learned from the literal interpretation of this word. In English, “tender” is translated as “bargaining” or “competition.” In other words, this concept implies holding some kind of conditional competition between suppliers of goods and services in order to attract the most promising customers. Moreover, this competition takes place taking into account the rules specified in the regulations of the company organizing it.

Several features of the tender

Like any competition or event related to bidding, the tender has a number of its own characteristics. For example, all information relating to a particular financial event is, as a rule, in the public domain and is as transparent as possible. Only the participant who, in the customer’s opinion, has provided the most attractive services or profitable products, can win such a unique competition.

In turn, private or state companies who are interested in the tender. Unlike a commercial structure, government organizations hold the event at the expense of the budget, and not at the expense of sponsors.

To participate in the auction, you must submit an application for consideration by a special competition commission. And finally, this action has its own standards, consisting of three parts: an auction, a competition, and a request for quotes.

Where can the auction take place?

Most trading is usually carried out on special virtual platforms. Moreover, their choice depends on the type of activity, needs and experience of the future participant who wants to win the tender. The electronic trading platform, in turn, serves as a starting point for organizers and suppliers of services and goods.

On the expanses of this Internet resource, which actually acts as an intermediary between the seller and the customer, specialized electronic auctions, online transactions are carried out and complete training for beginners is provided. A striking example is the RTS platform.

RTS platform: what, where and how?

"RTS-tender" is an electronic trading platform that has existed since 2010 and allows for procurement for the needs of municipal and state significance. According to its regulations, the following persons are involved during the auction:

• customers;
• site operators;
• representatives of a specialized authorized government body;
• suppliers of services and goods;
• independent registrars;
• representatives of regulatory and inspection authorities;
• employees of the certification center.

“RTS-tender” (electronic platforms of this type are federal platforms) contains separate tabs on the rules of tendering, gives advice to beginners and provides a range of services for customers and performers.

For example, buyers on the portal are offered a complete legislative framework relating to tenders and are allowed to use analytics to monitor all electronic procurements in the region.

The RTS-tender platform gives sellers the opportunity to undergo accreditation and find a suitable customer. By the way, customers themselves are provided free check supplier immediately after they go through the registration procedure and place an application for the organization of tenders. At the same time, they have the opportunity to track the status possible counterparty throughout the tender.

How does tender lending work?

In addition, the site operates tender lending, which allows the customer to participate in a large number of auctions, which increases his chances of winning the auction. To complete it, you just need to go to the page of the auction you are interested in and click on the “Loan Application” link.

After this, the RTS-Tender portal will automatically redirect you to your personal account to fill out the required electronic form and sealing it with a virtual seal.

How is the bidding carried out?

Before the tender itself, a number of events take place preparatory activities, helping to protect the safety of all bidders. In particular, the customer company assembles an independent commission, whose members have necessary knowledge to analyze the item or object participating in the tender. They help control all stages of the auction.

Further information about the upcoming auction, taking into account the package of documents required for participation, appears in the media and on electronic platforms. At the same time, everyone submits applications, each of which is reviewed and entered into a single list of participants and a special journal. Afterwards, all potential applicants are registered and their proposals are considered. Based on the results of the auction, the winner is announced, whose name is also included in public sources.

What documents are needed to participate?

To participate in the tender, you must provide the following documents:

• application and questionnaire indicating basic information about the service provider or seller;
• Commercial offer;
• an explanatory note (as a rule, calculations are carried out in it and deadlines are indicated);
• lists of possible subcontractors necessary for the further implementation of the contract.

What documents are provided for the customer?

When participating in a tender, the customer must provide commercial and technical documentation. In this case, in the first case, he is obliged to fulfill the following points:

• describe the object of the auction itself;
• provide detailed information about the requirements for applicants;
• describe the terms of the future contract;
• provide all participants with an open information card;
• indicate the procedure for submitting applications for bidding.

In the second case, the customer describes the cost that suits him, the payment schedule, payment details and proposed financing options.

What types of tenders are there?

Conventionally, tenders can be divided into five types:

• open type;
• closed type;
• two-level;
• tenders requiring a request for price quotations;
• tenders involving tenders with purchases from only a single supplier of goods and services.

Opening bidding: what is it?

Open tenders require the participation of all willing suppliers and are characterized by healthy competition, openness and the most transparent conditions. Details and conditions of the competition can be found in the press and the Internet. Also detailed information information about the timing, participants and rules for submitting applications can be obtained from the virtual tender platform (electronic platform where tenders are held).

What is closed trading?

Closed bidding involves the participation of a strictly limited number of participating companies holding a specific license. Such a competition is usually held when there is a need to sell or order specific products or services. For example, a closed tender is relevant during government procurement of products necessary for the needs of the defense industry.

What is a two-stage tender and request for quotations?

Two-stage tenders involve organizing complex procurement or solving specific technical issues. And, based on the name, such tenders consist of two stages: first, basic applications are submitted without specifying details, made on the basis of the primary assignment from the customer; then, the application is resubmitted, but taking into account specific prices, deadlines and schedules.

When requesting quotes, the customer typically selects suppliers based on their identical features. For example, he can choose between several firms providing clearing services. The winner in such a tender is the supplier who offers its service at the lowest price.

When is it possible to purchase goods and services from one seller?

Purchasing goods and services from one supplier is possible in the following situations:

• when the seller is an exclusive representative (monopolist);
• in case of refusal of other auction participants;
• in case of exclusion from the auction of all applications except one.

Unlike other types of tenders, in in this case There are no auctions. If there is only one supplier, a simplified system of concluding a transaction occurs, ending only with the signing of a contract by both parties.

Now you know exactly what a tender is.

The main method of competitive procurement is an open competition (bidding, tender), in which any eligible supplier who has responded to the notice of competition issued by the customer can take part.

Open competition is a method of issuing orders for the supply of goods, provision of services or contract work according to conditions previously announced in the competition documentation within a specified 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 media.

The decision to hold bidding (tenders) is made by the customer if there are sufficient investments to carry out construction or documented financial guarantees for the timely receipt of funds necessary to complete the order.

A construction order can be placed through bidding (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 sequences, construction stages determined by the design documentation.

It is not permitted to divide the order into parts in order to artificially reduce the cost of the order and avoid bidding (tenders).

All requirements for purchased products and qualifications of suppliers, as well as the criteria for selecting the winner and the procedure for conducting the competition are specified in detail in the competition documentation, which is distributed either free of charge or for a fee not exceeding the costs of the competition organizer for its reproduction and distribution.

The bidding (tenders) is organized by the customer, who must not discriminate against contractors and applicants.

Contractors are not allowed to participate in trades (tenders) or their participation in trades (tenders) may be terminated if they:

• · declared bankrupt or bankruptcy proceedings have been initiated against them;
• · are in the process of liquidation, have ceased their economic activity, 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 the availability production capacity, financial reliability.

Tender procedures do not apply if:

• · the order could not be anticipated in advance and requires quick execution.
• · the order constitutes a state secret or is related to the interests of national defense and national security,
• · objects are built using economic methods,
• · an international treaty of Russia establishes other rules different from those provided for in the Regulations,
• · construction is carried out under agreements regarding foreign loans, which are provided under 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 conduct of bidding (tenders) is ensured by the customer or, on his behalf, the organizer, who form a tender committee (temporary or permanent), which includes representatives of the customer, ministries, other central executive authorities, local state administrations, executive bodies advice, design 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 that ordered the bidding (tenders) or another official appointed by him.

The customer or organizer carries out:

• - publication of an announcement about bidding (tenders) or sending invitations to contractors;
• - acceptance and registration of contractors’ applications for participation in auctions (tenders);
• - development of documentation for pre-qualification of applicants and sending it to applicants;
• - preparation of tender documentation and sending it to applicants;
• - organizing a visit to the construction site for applicants;
• - providing clarifications to applicants’ questions regarding clarification of information contained in the tender documentation;
• - making additions and changes to the tender documentation and informing all applicants about them.

The tender committee is responsible for:

• - carrying out pre-qualification of applicants; acceptance, registration and storage of tender proposals (offers) of applicants;
• - opening of tender proposals (offers) and their announcement, clarification with applicants, if necessary, of individual issues regarding tender proposals;
• - evaluation of tender proposals (offers) and making decisions based on the evaluation results;
• - determination of the winner of the auction (tenders);
• - documenting information on the procedure and results of bidding (tenders); preparation of a report on bidding (tenders);

Decisions of the tender committee are made at closed meetings in the presence of at least two-thirds of its members by open voting by a simple majority of votes. In case of equal distribution of votes, the vote of the chairman of the tender committee is decisive.

The decisions of the tender committee are documented 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 bidding (tenders), resolves the most important issues arising in the process, approves the minutes of the tender committee meetings, tender documentation, results of bidding (tenders), considers complaints from applicants, and finally agrees on the terms of the contract with the winning bidder ( tenders) and signs a contract with him.

The customer may, at any stage of the bidding (tenders) before concluding the contract, if this was provided for in the tender documentation, terminate the bidding (tenders), notifying all applicants within three days with justification for his decision. The customer is not responsible to the applicants for such a decision .

Announcement of auctions (tenders).

According to Article Article 448. Civil Code Russian Federation, a notice of open tenders (tenders) or an invitation to closed tenders (tenders) and competitive negotiations must contain information about:

• - address, terms, conditions and other information on the receipt of tender documents;
• - the subject and procedure of the competition;
• - starting price;
• - Name, address, telephone numbers of the customer or organizer and the tender committee;
• - name and description of the order;
• - source of financing for the order;
• - method of conducting bidding (tenders);
• - desired or deadline for completing the order;
• - timing and place of submission of documents for pre-qualification of applicants;
• - the possibility of clarifying the information necessary for the preparation of documents for the purpose of prequalifying applicants;
• - terms, address and method of submitting tenders (offers);
• - registration of participation in the competition;
• - determining the winner;
• - terms of concluding an agreement with the winner.

An announcement about open tenders (tenders) and an invitation to contractors to participate in closed tenders (tenders) or competitive negotiations is given by the customer or organizer, subject to the readiness of tender documentation

An announcement about open auctions (tenders) must be published by the customer in newspapers and other official periodicals and in the foreign press, in particular in technical journals that are distributed through international catalogs. If necessary, the customer can make an announcement about their implementation on radio or television.

Invitations to participate in closed bidding (tenders) and competitive negotiations are sent to contractors who are capable of fulfilling the order. Participation in such tenders and negotiations without invitations is impossible.

The customer, no later than three days after publishing announcements of tenders or sending invitations to contractors to participate in closed tenders and competitive negotiations, sends copies thereof to the body that provides financing for the order.

Publication of an announcement about 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 pre-qualification of applicants and preparation tender offers.

If necessary, the customer may decide on other deadlines for the submission and registration of tender proposals.

An announcement about open tenders (tenders) or an invitation to closed tenders (tenders) and competitive negotiations must contain information about:

If the customer assumes the possibility of canceling the competition, this must be clearly stated in the notice, since otherwise, if the competition is canceled less than 30 days before it is held, the organizer open bidding is obliged to compensate the participants for the actual damage they have suffered. It is unlikely that any supplier will decide to exercise this right, but it is better to prevent this situation.

Pre-qualification.

Evaluation process competitive bids very time-consuming and labor-intensive. If there are quite a lot of applications (more than 7-10), the customer’s costs for analyzing proposals increase significantly, and the total evaluation time increases. In addition, a low-qualified supplier who has made a formal Best offer, often objectively unable to fulfill the terms of the contract at the proper level.

Therefore, it is sometimes advisable to evaluate suppliers before the proposal preparation stage, so that ultimately only qualified suppliers are included in the competition. To do this, the procedure open competition include the stage of preliminary qualification selection (prequalification).

Pre-qualification is also beneficial for competition participants - those who do not meet the customer’s requirements will save effort and money that would have been spent on purchasing competition documentation, preparing competition applications and providing security.

Most often, this procedure is used during construction competitions. large objects, complex consulting projects, supplies of special equipment.

In some cases, qualification selection is carried out as a separate procedure in order to create a list (register) of qualified suppliers with whom the customer will deal in future purchases.

Before assessing the qualifications of suppliers, it is necessary to ensure that all of them are competent (i.e. have the right to supply goods, perform work or provide services), since otherwise the assessment of the qualifications of such suppliers will be a waste customer 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 overly increasing or underestimating the requirements. Otherwise, you can end up with either a very short, or even empty, list of potential contractors, or, conversely, an incredibly long one, making the qualification selection procedure pointless.

The information submitted by applicants for prequalification assessment 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 volumes of construction completed installation work over the past three years in monetary terms,
• - a certificate of experience in fulfilling similar orders over the past three years, indicating the customers for whom they were carried out and their details,
• - list of 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,
• - report on financial and property status, financial results and the 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 other information, with the exception of what constitutes a trade 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 previously must be no less than that provided for in the order,
• - have experience as a general contractor on at least two projects similar in nature and complexity to those provided for in the order,
• - have in your possession or guarantee the possibility of acquiring or performing (purchase, rental, leasing, etc.) the machines and mechanisms necessary to perform the work,
• - have sufficient resources to fulfill the order working capital or have documented bank guarantees about the possibility of obtaining a loan.

Applicants who have not been prequalified are notified of this in writing with appropriate justification within three days after the decision is made. They can review the official prequalification report, but do not have the right to demand evidence or explanations from the customer regarding the reasons for the decision.

Tender security.

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 amount of tender security is set by the customer in an amount of no more than one percent of the expected (calculated) order price.

The customer has the right to decide to conduct bidding (tenders) without the applicants providing tender security.

The customer must indicate in the tender documentation the method of providing tender security (in the form of a certified check, promissory note, bank guarantee, government bonds, etc.). The provision of tender security in another form or by another organization must be agreed upon by the bidder with the customer before submitting its tender proposal.

A tender proposal that does not include the tender security specified in the tender documentation may not be considered.

The customer returns their tender security to applicants within 10 days after making one of the following decisions:

• · inadequacy of the applicant qualification requirements,
• · the applicant is not admitted or his participation in the auction (tenders) is terminated,
• · the applicant is not recognized as the winner of the bidding (tenders),
• · on early termination of trading (tenders).

The tender security of the winner of the auction (tender) is credited after signing the contract as a guarantee of fulfillment of contractual obligations, if the provision of such a guarantee is provided for in the tender documentation, or as security property liability for failure to comply with the terms of the contract.

Tender security is not returned to the applicant in the following cases:

• - changes by him to the tender proposal or its withdrawal after the deadline for its submission,
• - his refusal, as the winner of the auction (tenders), to enter into a contract for the execution of the order on the terms provided for in the tender documentation, or to provide a guarantee for the fulfillment of the contract, if its provision was provided for in the draft contract,
• - the bidder’s disagreement with the customer’s correction of arithmetic errors identified during the verification of his tender proposal.

Development of alternative proposals.

Alternative proposals may be developed by the bidder simultaneously with the tender proposal developed in accordance with the terms of the tender documentation, if this is provided for in the instructions for bidders. Alternative proposals submitted without the main tender proposal or not provided for by the terms of the competition will not be considered.

Alternative proposals may include changes to project documentation, and for their assessment all necessary information must be provided (calculations of structures, drawings to justify new technologies, methods of performing work, list of works and prices for their implementation, etc.).

Preparation of competitive applications.

Preparation of the bid begins by the supplier upon receipt

tender documentation (although preliminary work such as analyzing possible competitors, obtaining informal information, etc. should begin earlier). This stage is key in the supplier's work.

The competition organizer may set a fee for competition documentation or require a contribution in various forms for participation in the competition. bidding tender supplier estimate

As a result, at the stage of receiving tender documentation, some suppliers encounter difficulties. Firstly, documentation is usually purchased by bank transfer. Accordingly, it takes time for internal approval in the company (management, financial department, etc.), making a payment, and receiving money into the account of the auction organizer. Thus, several days are lost from the period allotted for the preparation of a competitive proposal, which is often already very limited.

Secondly, especially when it comes to complex procurements, several specialists work on preparing the competitive proposal. Accordingly, it is necessary to have a sufficient number of copies of documentation. Most competitions require participants to provide bid security (usually in the form of a bank guarantee). Its size usually does not exceed 3% of the estimated contract price. The competition documentation must indicate the criteria for selecting 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 the bias of the competition.

It is worth especially noting that the choice of supplier is not always based on the best bid price, especially when it comes to the purchase of consulting services. When evaluating proposals, the customer’s costs for operation, maintenance, Maintenance and repair of products, timing of delivery of goods, completion of work or provision of services, functional characteristics of 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 competition organizer. It may well be that this or that requirement was included in the tender documentation due to an oversight. Such a discussion should be documented - questions are sent to in writing, and the customer’s decisions to change the terms of the competition and the competition documentation are formalized by issuing amendments to it.

The supplier's tender bid must be drawn up in full compliance with the requirements of the tender documentation, and due attention should be paid to all formal requirements - initialing and signing of proposal sheets by a person authorized to sign (and this right must be confirmed by an appropriate document, such as a charter or power of attorney), in all required places of printing, marking of envelopes with the application, etc.

Unfortunately, rejection of applications on formal grounds is not such a rare phenomenon. The reasons for making such decisions can be quite varied: lack of signature on some documents, changes to competitive application forms, etc.

All answers to questions from suppliers must be brought to the attention of other participants in the competition (without indicating the author of the question). 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).

It is allowed for the competition organizer to make changes to the competition documentation and extend the deadline for submitting proposals. In this case, all participants in the competition must also be notified.

Sometimes, as part of a competitive 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 commission. Moreover, we are talking about a complete copy of the proposal, with all signatures and seals, and not a simple photocopy.

Providing a competitive bid.

Holding 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 legal requirements, then it is quite difficult to hold an open competition in less than one and a half to two months: the Civil Code allots at least 30 days for the preparation of competitive applications alone. It is not uncommon that the same amount or even more is spent on preparing tender documentation and evaluating applicants’ proposals.

Therefore, the customer’s desire to insure against the risks associated with the failure of this procedure, first of all, against the refusal by the winner to fulfill the contract on the conditions contained in the tender documentation and the tender application, is quite justified. Russian legislation provides for the main methods of securing obligations (Article 329 of the Civil Code of the Russian Federation) :

• - penalty;
• - deposit;
• - retention of property;
• - guarantee;
• - bank guarantee;
• - deposit,

and also allows the use of other methods provided for by both law and contract.

Evaluation of proposals.

The key element in choosing a counterparty is the stage of evaluating competitive bids.

According to the Civil Code, the winner of the competition is the supplier who, according to the conclusion of the competition commission, offered Better conditions. Therefore, the tender documentation must contain requirements for suppliers, and also state what conditions the winning proposal must meet and how this compliance will be determined by the commission.

The competition organizer must avoid general formulations, such as " best quality, best delivery conditions" etc., specifying all the criteria and indicating their significance (weight). At the same time, if possible, one should exclude (minimize the use of) difficult to formalize (qualitative) criteria. This is relatively easy to do when purchasing goods, but for works and services is quite problematic and sometimes impossible.

The criteria used when choosing a supplier and their weights depend not only on the item being purchased, its price and quality characteristics. It is also important to take into account the volumes and purposes of the purchase.

It is necessary not only to highlight the criteria being assessed, but also to choose the correct assessment methodology. Sometimes different methodologies used to evaluate the same suppliers provide conflicting recommendations for determining the winner.

Determination of the winner of the auction (tenders).

The winner of the bidding (tenders) is the applicant who, based on the evaluation and comparison of tender proposals, took first place in the list. If this applicant refuses to conclude a contract, the winner of the bidding (tenders) is considered to be the applicant who takes the next place.

If the prices of all tender proposals exceed the price tentatively determined by the customer, these tender proposals may be rejected, and the bidding (tenders) may not determine the winner.

The decision on the results of the bidding (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 period stipulated by the terms of the bidding (tenders), but no later than 45 calendar days from the date of opening of the tender proposals.

A notice of acceptance of the tender proposal of the winner of the auction (tenders) must be sent to him no more than 3 days after approval of the decision on the results of the auction (tender).

The winner of the bidding (tenders), after receiving acceptance of the tender proposal, provides the customer with guarantees of fulfillment of contractual obligations (if provided for in the instructions for bidders), after which the parties finally agree and enter into a contract.

The contract signed by the customer is sent to the winner of the auction (tenders) within 10 calendar days after acceptance of his tender proposal. The winner of the auction (tenders) is required to sign the contract within 14 calendar days after receiving it from the customer. Failure to sign the contract within the specified period is considered a refusal to conclude the contract.

After signing a contract or determining an auction (tenders) such that the winner has not been determined, the customer must, within no more than 5 days, send: to applicants who took part in the auction (tenders) but did not become winners - a copy of the decision on the results of the auction (tenders).

Expenses for holding auctions (tenders).

The costs of organizing and conducting auctions (tenders) are carried out at the expense of the customer and are taken into account in the cost of construction.

The estimate for organizing and conducting trades (tenders) is drawn up and approved by the customer in agreement with the body that provides financing for the order

In the event that the auction (tender) did not take place or the winner was not determined and the customer subsequently refused to carry out construction, the customer’s expenses for conducting the auction (tender) are reimbursed by the enterprises at the expense of the main activities, departments (departments) of capital construction local authorities executive power - at the expense of local budget funds, directorates of enterprises under construction - at the expense of funds for construction or other sources determined by the body that created the directorate.

The contractor's expenses for preparing the tender proposal are included in his overhead expenses. If, according to the terms of the tender, bidders are required to develop draft plans for other documents, this work can be paid for 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.

Design design and other solutions or calculations included in the tender proposal are the property of the bidder and MAY be used by the customer only for the bidding (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 bidding procedures (tenders) and other conditions, applicants have the right to submit complaints to the customer in writing.

No later than 3 days after receiving the complaint, the customer must notify all applicants about its filing and content, time and place of consideration.

During the consideration of the complaint, any applicant or government agency interested in holding auctions (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 demands regarding the revision of his complaint.

The customer may not consider the complaint if it was filed more than 15 calendar days from the date the basis for the complaint arose.

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 are not suspended), may cause losses to the applicant.

The total period of suspension of trading (tenders) cannot exceed 30 calendar days.

Suspension by the contracting authority does not apply if, taking into account pressing joint interests, the tender must continue.

Any decision made by the customer in accordance with this paragraph, as well as the justification for its adoption, is sent to the applicants who filed the complaint within 5 calendar days after the decision is made.

Customer decisions regarding:

• - choosing the method of conducting bidding (tenders) and the procedure for determining the winner,
• - recognition of trades (tenders) as invalid.

The customer must consider the complaint, make a decision and, within 15 calendar days, notify the applicant in writing, outlining the reasons and justifications on the basis of which this decision was made.

If the customer does not make a decision within the specified period or the applicants who filed a complaint do not agree with the decision made, they have the right to go to court or arbitration court in accordance with the law.