Types of trading in Russia: concept, classification and forms. What are the types of tenders? Types of tenders and their main differences

The term itself does not fully reflect the essence of domestic business practice. Firstly, it never appears in documents regulating relations between the parties, and secondly, the procedure is sometimes somewhat similar to.

First, you need to clarify that the law does not contain the concept of tender; this process is called a competition, bidding, or auction. But main feature is the same for all these designations. Based on the auctions (tenders), an agreement is concluded between the seller and the buyer, but the first party here is the one who won in a kind of competition with other participants. In essence, here several sellers are fighting for one contract, the terms of which are determined by the buyer.

The practice of doing business between entities of various formats (public and private) is necessarily transferred to a competitive basis. The same principle is often used by commercial organizations that are looking for profitable offers from suppliers.

How does the tender work?

So, by and large, we don’t have tenders. Everyone who practices this sales format participates in competitions, auctions, trades... But no matter what they call it, there are a number of characteristic features, which distinguish this version of business relationships from others:

• the buyer states his conditions in strict form;
• they compete for the contract;
• the whole process takes place in accordance with a certain procedure.

An entrepreneur should understand tenders, if only because they provide an opportunity to get new clients. And not only may this be of interest to those targeting financed buyers. budget funds. Many commercial organizations and companies find suppliers through tenders.

Why are tenders held? Actually, this combines the desire to get the most from the supplier on the buyer’s side and the regulation of the entire procedure. Government agencies organize competitions and auctions because this is required by law. This format assumes that they will save budget money by finding the cheapest and most profitable supplier in this way. The same thing drives commercial organizations.

And here it is worth understanding that the seller who wins the tender will not always be in an advantageous position. This is based on several points:

• It is necessary to offer the lowest price among the participants, perhaps even unreasonably low.
• The terms of the contract will have to be fulfilled even when it is not economically profitable for the supplier or contractor. For example, in the event of an increase in the cost of materials, components, energy resources, etc., associated with inflationary processes or an increase in exchange rates, the final product will have to be sold to the contract holder at the price established by the tender. Sometimes even at a loss.
• Winning a tender requires lengthy preparation and the strictest possible adherence to established rules for the preparation of documents. In addition, the process of working on sites where competitions are held has a number of nuances, and in order to fully comply with them, an entrepreneur needs to spend certain expenses, for example, purchasing an electronic signature.

Advice: when starting to work with tenders, do not try to immediately go for large and long-term transactions, this is a completely different level than opportunity. Do not forget that refusal of a contract or its failure to perform in full may lead to unpleasant consequences in the form of compensation to the buyer, compensation for damage or lost profits, inclusion of the supplier in the register of unscrupulous ones, and the like.

Types of tenders and their classification

Once again, it is worth emphasizing that for domestic business, the term tender unites purchases organized according to a certain procedure on a competitive basis. That is, it is conditional. Other names are legally established.

Tenders have their own gradation, accepted in domestic business:

1. Competitions vary in composition of participants:
   • municipal (state), where the customer is a budget organization, and budget funds will be used for procurement;
   • commercial, where the acquisition is carried out at the expense of the company’s own money or attracted by it.

1. There are types of tenders based on the form of procurement:
   • The competition is held in the case of complex and expensive contracts, for example, in high-tech projects, construction, IT, and defense sectors. It may have several stages, open and closed format, and also be non-competitive.
   • Request for quotes or price list competition. A special feature of this technique is the small purchase amount, usually up to half a million rubles.
   • Auction or electronic trading. The format is used by all market participants who have the status of a municipal or state customer. All electronic auctions are held on special platforms selected by the Russian government. Legislative support – Law 94-FZ.

Advice: an entrepreneur (potential supplier) must begin his participation in tenders with a careful and detailed study of this particular Law - 94-FZ. Also, do not forget about Law 223-FZ, which regulates the purchase of certain legal entities. The documents themselves are quite difficult to understand; you will have to study and re-read them ten times to fully understand the details. However, without this stage, it is unsafe to start operating as a seller on electronic platforms; there are risks not only of wasting time, but also of bringing trouble to yourself and your company.

It should also be noted that special situations occur in this area. There are many myths surrounding this delivery format that there is a serious corruption component. It is impossible to completely deny this possibility, and it is pointless. Often, tenders actually become a tool for negotiated transactions. Or rather, their purpose is to exclude elements of corruption from practice, but it is present, and it is impossible not to admit it.

“Symptoms” of contractual tenders - how to distinguish such proposals?

Here you need to take into account one feature of that part of the domestic business where the customer is budgetary organizations. All their activities have been transferred to the procurement rails, squeezed into the strict framework of the procedure. Any of the applicants who correctly fill out the application and documents and also offer the lowest price can win the contract.

But what about the other components? For example, the ability and ability of the supplier to respond to the buyer’s urgent wishes in terms of timing, flexibility, and some other nuances of making deliveries? Very often, a buyer who has already worked with a certain supplier wants the contract to go to him. After all, it has already been time-tested and fully suits all parameters... But in a situation with a tender, this is absolutely not necessary. The contract may have to be concluded with some unknown (for the customer) organization, which is also a dark horse, and working with it will not always be comfortable. That is, winning a tender based on the pricing platform does not guarantee the buyer its performance in other parts. In addition, he has no confidence that the supplier will be able to fully comply with the conditions preferred by the customer.

That is why in practice there are such contractual tenders, when the buyer, by all means and cleverly placed commas, creates such formal conditions that purposefully make it difficult for other participants to obtain a contract that have not received approval in advance. And this approach does not always indicate a corruption background, that is, roughly speaking, bribes, kickbacks and the like. Although you shouldn’t participate in such a tender either, unless your company is the one that received the preliminary “go-ahead”.

So, how can you recognize a tender where the parties have already obviously reached an agreement, and its conduct itself is a formality?

5 components of “negotiated” tenders

It is worth noting that this approach is almost uncharacteristic of commercial structures. The companies' own money is involved, the control is much stricter, the goals are purely to find a profitable supplier, and the approach to the procedure is much more flexible. That is, businesses do not have an “obligation” to hold tenders; expediency and efficiency come into play here. Although there are a number of cases where hired employees of commercial structures were very interested in gratitude from suppliers for “help” in concluding contracts, and, conversely, performers found themselves in unpleasant situations with unscrupulous customers, having worked out part of the contract and not receiving payment for the product or service.

Advice: Having received an invitation to a tender from a commercial organization, carefully check the business reputation of the customer.

Government procurement is more susceptible to such a disease as contractual tenders. Their signs:

• unclear, unclearly stated, extremely confusing, contradictory in parts conditions terms of reference;
• short, clearly unrealistic deadlines (every entrepreneur who knows his field can determine where the time frame is at the limit of possibilities and where it is beyond);
• inflated contract costs combined with strangely detailed requirements for the supplier;
• the condition that the application must be accompanied by an already completed part of the work;
• The customer's tender history consists of contracts with a very limited number of companies.

All these are signs that the buyer is using a technique to scare off “left” suppliers. In some cases, the tender is held “for show”; the contractor has been working on the project for a long time. Fighting for such contracts is at your own loss, unnecessary headache, temporary and money spendings. No, of course, you can appeal the results of the tender by submitting a corresponding application to the FAS. But this should only be done if the company has already built up “muscle mass”, has experience in this kind of bidding, and has competent specialists on staff who can prove you are right.

Although you need to understand that the widespread opinion about the mass nature of contractual tenders is a myth. The vast majority of requests from customers on the platforms for electronic trading do not have a corruption component, and participation in them is much less risky than investing in.

If you want to start making money on government procurement, then you will need to go through a preliminary stage of preparation for this. Moreover, it is quite complex and labor-intensive.

How to work with tenders for dummies - step-by-step instructions

Once again, it must be stated that commercial structures act a little differently than government ones when choosing a supplier on a competitive basis. The former develop the procedure on their own; they are not limited by rigid boundaries; they can involve those they know or are interested in participating, or they can announce an open competition in the media or on specialized Internet platforms.

State or municipal organizations act within the framework of a legally prescribed procedure. Therefore, to become a tender participant, an entrepreneur must:

• study Law 94-FZ, namely the procedure for selecting a supplier prescribed therein, which sets out the rules for the tenderer;
• select an ETP from five that are selected by the government of the Russian Federation (for electronic auctions for government procurement);
• obtain an electronic digital signature (the certification center issuing the digital signature must be one of those accredited at the selected site);
• install the necessary software;
• undergo accreditation at the ETP to participate in the tender;
• take part in electronic auctions;
• sign a contract upon winning.

Actually, the algorithm itself is not that complicated, if this is not the first time. There are several nuances that you need to pay attention to:

• Unfortunately, universal digital signatures have not yet been invented. Therefore, the tax certificate issued to you cannot be used to participate in the tender; you will have to get another one.
• When choosing a platform for electronic auctions, you need to pay attention to its specialization and working conditions.
• Each site out of the 5 selected has detailed instructions and user guides. They are written in detail, even too much. Do not neglect to study them carefully before starting work on any of the ETPs.
• Collateral successful work It may become something as trivial as paperwork. A good source of information and obtaining the necessary skills can be the competition documentation of competing organizations.
• As a rule, in all electronic auctions there is a principle of securing intentions, that is, a cash deposit. It is calculated as a small percentage of the transaction amount, but nevertheless, like , participation in the tender costs money. Although this is a repayable amount, for large contracts the supplier company may not have enough of its own money, and it may not be advisable to “freeze” working capital. Therefore, it is worth either taking care of the availability of a reserve, or a bank guarantee that can be used for these purposes.

How to participate in construction tenders?

Passage algorithm preparatory stage already described above. No difference for construction industry Hardly ever. There are only a number of nuances that a new company needs to take into account in tenders:

• Just participating in tenders, even without winnings, will help the company make itself known, they may pay attention to it, and this will improve its status.
• When preparing an application, special attention should be paid not only to the essence of the offer (the applicant’s proposal), but also to its justification, which is contained in the information about the company. This may be a description of special equipment, technologies used, a presentation of similar objects put into operation, reviews of established customers, and the like.
• As a rule, construction tenders are carried out in two stages. The first is the announcement of the start of the competition and information about the proposed project, the second is the analysis of submitted applications and the selection of the winner. In a closed bidding format, you can become a participant only by invitation from the customer. It is worth considering that the entrance ticket sent does not always mean that the company is a welcome guest. If the deadlines for submitting an application and preparing documentation are very tight, then this should certainly lead to the idea that everything has already been agreed upon with another contractor, whom they want to see as the second party to sign the contract. Your participation is necessary for formal compliance with the procedure.
• Today, this format is becoming increasingly widespread in the construction of small and small projects and private housing. That is, almost all building sector. A number of experts believe that this will improve the quality of work in general and take the entire field to a new level. In fact, competitions or auctions are the future.

In contact with

A tender is a competitive event that is held to identify the most suitable contractor to carry out a task. Currently, there are various types of tenders that differ in procedure, conditions and other features. The main ones can be identified:

Open types of tenders, procedure and conditions for their conduct

Anyone can take part in the open tender. This can be both legal and individuals. Thus, the customer receives a wide choice of candidates for victory. An open tender is announced by an advertisement posted on the Internet, in public business publications and in other media. The announcement of such an open competition itself is an invitation. The customer can carry out the entire procedure himself or delegate the authority to an authorized representative.

When conducting an open tender by government agencies, participants must submit a bank guarantee, which gives the customer confidence in conscientious execution winner of the order or contract.

The participant must apply accordingly legislative framework. If the result is positive, applicants are given documentation for participation in the competition and a proposal is prepared. If questions arise regarding the tender documentation, the participant has the right to contact the customer in writing, the answer is given in the same form. If the applicant violates the established rules, he is excluded from the list of participants.

When all applications for participation have been collected, the customer is obliged to accept them all for consideration. Particular attention is paid to government tenders. The winner receives written notification of the conclusion of the contract. Everyone else learns about the results through the media.

Closed types of tenders and conditions for their conduct

Firms and organizations that have been invited by the customer can participate in closed tenders. Therefore, such closed competitions are not announced in the media. Each organizer sets its own requirements for applicants. This type of competition costs the customer much less, since no funds are spent on advertising.

Conditions:

• the goods or services that the customer needs are available from certain suppliers;
• the procurement process is strictly confidential or the product is necessary for the needs of the security service of the organization or enterprise;
• the review and selection procedure with a large flow of performers requires too much expense, which will exceed the cost of the purchased goods.

Selective tenders

Selective tenders can save the customer time, since the process of conducting them consists of only two stages:

• collection of applications and their selection;
• holding tenders between applicants.

All participants in such competitions are pre-selected according to specified criteria. As a result, it turns out that selective tenders are intermediate between open ones, where everyone can participate, and closed ones, when applicants are selected before the competition. Suppliers who have passed the selection (their number usually does not exceed 7) can submit proposals according to the tender. The results of such auctions are not announced in the media.

Also, selective competitions may have a “stripped-down” format or mini-tenders. During their holding, a small list of participants is created, without identifying one performer. The customer conducts the procurement procedure with all candidates in different ways.

Multi-stage tenders and procedures for conducting them

Multi-stage tenders occur when purchasing complex goods or services. Here the customer is not properly qualified to state his requirements and lacks information about the product. This could be computer systems, research projects, etc.

1. Stage one. The procedure begins with technical and commercial proposals from suppliers. After negotiations with any of the applicants, the customer makes the necessary additions and changes to the provided documents. If the proposal does not meet the request, it is rejected.
2. Stage two. Candidates, taking into account all the new requirements, change their proposals and introduce prices for goods and services.

Tender with reduction or rebidding

The first stage is the tender standard. At the second stage, applicants who were able to offer the most suitable product are selected. Additional tenders are held among them, as a result of which participants either reduce prices and/or make concessions in the terms of the contract.

A tender is an event carried out through a competitive selection of the performer most suitable for performing a certain task. A tender is also understood as any tender, the purpose of which is the purchase of goods, services and works.

When answering the question about what tenders there are, it should be mentioned that their main types are: Russian practice classified:

• Depending on the category of the customer.
• Depending on the method of determining performers (suppliers).
• At (when goods and services are purchased government agencies in order to meet government needs, and the entire procedure is based solely on No. 44-FZ) and commercial (in which the customer is an organization that makes purchases for its own needs).

In the latter case, the customer develops the requirements himself, although practice shows that he adheres to the principles and rules of No. 44-FZ, which are completely optional for him. There are significant differences in the ways in which suppliers can bid.

The contractor may be the only one if there is a monopoly, such as transportation by rail. And it can be competitive when a supplier is chosen among two or more. This type includes:

• Competitions when the winner is the one who made best offer on the best terms.
• An auction where the lowest bidder for the contract wins.
• Request for proposals.
• Request for quotes.

Competitions are held open or in electronic format, but a closed tender may also be held.

Each type of tender has specific goals and rules. Only the will of the customer becomes decisive when choosing the method in which the contractor will be installed, of course, taking into account the object and the purchase amount.

Participation in the tender

Companies that constantly participate in various tenders usually have employees whose specialization is this area. There are also organizations that specialize in preparing tender documentation for clients.

Documentation requirements for participation in the tender

During the collection and proper execution of documents, the customer has the opportunity to study information about a potential counterparty and its offer, and the supplier has the opportunity to increase the chances of receiving an order and concluding a contract.

Correct completion of documents can be a determining factor in making a positive decision, since on their basis the customer chooses a supplier. The most minor deficiencies in design may become grounds for refusal to participate in the tender.

Correct completion of documents can be a determining factor in making a positive decision, since on their basis the customer chooses a supplier.

To participate in an open tender, suppliers must provide documents:

• A package of constituent documents with an extract from the Unified State Register of Legal Entities (or) no more than a month old, as well as a document according to which the employee has the right to submit them.
• with information about the objects of purchase and the conditions offered by the supplier.
• Certificates and other documents confirming the quality of goods to be supplied.
• or a certain amount transferred to the customer’s account.

Electronic trading involves submitting information according to the rules for conducting online auctions. Documents must be prepared electronically, and there are specialized online platforms for concluding contracts. contains the contractor’s consent to supply a specific product, provide a certain type of service and information about the contractor, the goods supplied by him, and the services provided by him.

Each supplier may submit one price proposal, unless there is a downward bidding process. And this is possible when the customer received only one offer or only one supplier passed the admission procedure. To attract more participants such tender sites can take place without registration or for free.

Today, thanks to the tender system, you can find many proposals from open sources. The system allows you to monitor changes in the tenders you are interested in, as well as automatically search for suitable offers and thereby save time. Before deciding to participate in a particular competition, you should clearly understand what types of tenders exist, what their format is and what the specifics are. We will talk about this in the article.

You will learn:

• What is a tender and how does it differ from auctions and competitions?
• What are commercial and state species tenders.
• How to participate in various types of tenders.
• How to conduct a tender yourself.
• How to recognize “negotiable” types of tenders.

What is a tender

By tender called competition for the opportunity to perform certain works, provision of services or delivery of goods to the customer. The tender always indicates the conditions for its holding.

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IN regulations The Russian Federation does not provide a definition of “tender” and its various derivatives (tender commission), but uses the term “competition”. But in business environment everyone uses the term “tender”, and therefore in this article we will also use it.

How is any type of tender conducted?

Participants submit their unique offers, capable of bringing maximum benefit. Proposals must fully comply with the tender rules. All information about the competition is posted in the public domain, which allows each participant to find the information he is interested in about a particular tender.

The winner of the competition is the one who, in the customer’s opinion, offered to supply goods/perform work/provide services on the most favorable terms. At the same time, the documents of this participant must fully comply with the trading rules.

Competition on modern market is very high, and therefore, both in the service sector and in other areas, entrepreneurs often experience difficulties in finding a potential customer. This state of affairs explains the current relevance of tenders. Such events allow you to quickly, easily and effectively attract the customer’s attention.

Tenders provide an excellent opportunity for small and new businesses to get good work and negotiate good deals. They allow customers to choose from an extensive database of potential contractors the one who offers the most favorable conditions.

There are competitions that differ from each other in their source of funding. We are talking about international, state, municipal, federal, regional and city tenders.

Many people consider the concepts of tender, competition and auction to be synonymous, but this opinion is wrong. These terms differ significantly from each other, and the differences relate to the information provided to participants. Thus, a person participating in an auction has access to all offers and prices of his competitors. Persons who participate in the tender do not have this opportunity. In addition, auction participants can change their offer after studying competitors' offers. Entrepreneurs participating in tenders cannot do this.

As for competition, this concept is synonymous with “tender”. But, as already mentioned, the term “tender” cannot be used in official documentation. The concept of “competition” is spelled out in the Civil Code of the Russian Federation.

Main types of tenders

1. Government procurement.

The process of organizing and conducting tenders differs depending on the law governing the procurement. All government tenders are regulated by Federal Law dated April 5, 2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs.” The organizers here are government agencies, public authorities or the Rosatom corporation. This law clearly outlines the procedure for conducting tenders and specifies the rules by which participants are selected. In addition, there is a strict system of planning and reporting of public procurement. To participate in a state tender, you must act according to the scheme prescribed by law. The customer cannot establish any other requirements other than those specified in Federal Law No. 44.

In addition, there is an approved list of purchases of goods, works and services that must be carried out only through an electronic auction. For this purpose, there are 5 approved official electronic trading platforms.

Among other things, on the basis of Federal Law No. 44, customers are prohibited from purchasing goods from a specific company and manufacturer. Thanks to this, significantly more entrepreneurs can participate in the tender, offering proposals of different prices.

The purpose of public procurement is to save and target spending of money from the budget. In this regard, price is often the most important parameter. But Russian legislation establishes certain measures aimed at preventing dumping. Such measures include securing the application and special requirements for the bank guarantee acting as security for the contract.

1. Procurement by certain types of legal entities (under 223-FZ).

Tenders, the conditions of which are specified in the Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities”, are held state corporations and companies, subjects of natural monopolies, state and municipal unitary enterprises, autonomous institutions, economic or subsidiaries, share of participation of the Russian Federation or a constituent entity of the Russian Federation in authorized capital of which in total more than 50%.

Distinctive feature of these types of tenders is that the customer himself forms his own procurement proposal. In the proposal, he prescribes the scheme according to which purchases will be carried out and contracts will be concluded based on their results. The law does not specify what types of tenders customers are entitled to organize. Only the competition and auction are indicated. But at the moment this list is open, and the organizer can come up with any procurement options and determine according to what scheme they should be carried out.

To participate in the tender, a potential contractor should first read the customer’s procurement regulations, then the documents, and only then proceed to submit an application. But even after submitting an application, the applicant may not always expect pleasant surprises.

• First of all, Law No. 223-FZ specifies reasonable time limits within which an application can be submitted only to participate in a competition and auction. As for the customer, he, pursuing personal interests, can hold a tender in a shorter time, using other procedures about which the law does not say anything.
• In addition, there is no clear list of requirements that the customer has the right to present to the performers. This often leads to abuse of rights by customers - they can limit competition and set excessive demands.
• In addition, the documents may indicate criteria for evaluating applicants' applications that cannot be measured. This may lead to problems determining qualification requirements, which would suit the customer. You can download an example of criteria for evaluating applications for participation in a tender, calculating risks and present value below.

Another ambiguous point. There is a list of goods, works and services for the purchase of which an electronic form must be used. This list is provided by the government. This can be any type of procurement, applications for participation in which are submitted with electronic signature. Another option is that the trading platform for purchasing should be electronic. The difficulty is that there are a lot of commercial sites, and in order to take part in the procedure, the applicant must be accredited at the one where the customer is holding the tender.

But there are also advantages to participating in tenders outlined in Federal Law-223. Due to difficulties encountered during the competition, this market has not yet been fully developed. Consequently, the competition here is not so great, and this increases the chances of winning. In addition, due to the absence of restrictions in the choice of procurement method, the customer can carry out a simple event for a large initial maximum contract value.

1. Commercial tenders.

There are commercial types of participation in tenders. Such auctions can be organized by any commercial structures. They independently decide to hold a tender in order to distribute finances economically. The legislation provides for the procedure commercial tenders is not designated, so the organizers have the right to set their own rules.

The organizer may not notify potential participants through a single information system about the planned tender. This rule distinguishes a commercial tender from procurement, which is regulated by law. In addition, the organizer does not bear administrative responsibility for violating the procedure for conducting the tender, if his actions do not contradict current legislation(primarily with the Civil Code of the Russian Federation and Law No. 135-FZ on the protection of competition).

Generally speaking, commercial and government tenders are designed to help save money, promote targeted spending of finances and develop healthy competition. But at the same time, in government tenders, despite strict legislative norms, the conditions for applicants are softer than in commercial tenders, and there are more opportunities to participate.

As for commercial tenders, despite providing greater freedom of action to the customer and potential contractors, they are associated with certain difficulties that prevent participants from competing with each other on fair terms.

	Government tenders	Commercial tenders	Tenders regulated by 223-FZ
Governing Law	44-FZ, Civil Code Russian Federation (tender and auction only)	Civil Code of the Russian Federation (tender and auction only)	223-FZ, Civil Code of the Russian Federation (tender and auction only)
Procurement methods		Installed by customer
Procurement procedure	Established by law, unchangeable	Installed by customer	Set by the customer's situation, everyone is different
Freedom of competition	The participant can offer an equivalent to the required product (according to general rule)	The participant is obliged to offer the required product	The participant is obliged to offer the required product (subject to antitrust restrictions)
Requirements for participants	Closed list of requirements		Each customer has their own list of requirements
The procedure for evaluating participants' applications	Established by law	Installed by customer	Established by the customer's regulations and documentation
Types of procurement in electronic form		Any procurement method established by the customer	Any procurement method specified in the customer’s regulations
Electronic platforms	5 approved electronic platforms	Any electronic platform	Any electronic platform

Types of tenders and their main differences

1. Closed tenders.

The name itself suggests that closed types of tenders are designed for a narrow audience, and therefore invitations to participate and disclosure of information about the results are not implied here. That is, the organizers personally invite each potential performer to participate in the competition.

At the first stage of a closed tender, the organizers select and send invitations to participants. An entrepreneur who wishes to participate in a tender requests tender documents from the customer. After receiving them, he prepares all the necessary papers, strictly following the specified requirements. The participant has the right to clarify with the customer any points that he does not understand by asking questions in electronic format. The organizer must answer each question.

The customer has the right to adjust the tender documents at his own discretion at any time. But if he makes changes to the documentation, he is obliged to inform all bidders about this.

After receiving proposals, the customer carefully studies each one and selects the contractor who, in his opinion, offered the most favorable conditions. To the winning bidder, by post send an invitation to sign an agreement. After signing the agreement, all participants in the closed tender are informed of the victory of the selected contractor.

Closed tenders are used mainly when the customer is interested in purchasing goods that have specific characteristics/properties, and a limited number of enterprises can supply them. In addition, sealed tenders can be conducted for a small volume of the total purchase. In this situation, there is no need to invest a lot of money in an open tender. Another option is confidential procurement of a particular product.

It should be remembered that when closed types of tenders are held, purchases within their framework must certainly be coordinated with government authorities.

The advantages of closed types of bidding include:

• smaller amount of financial investments for holding compared to open tenders;
• saving customer time;
• confidentiality.
1. Open tenders.

Participants in an open tender can be any enterprise. Often, these types of tenders are used for government procurement, since there are a lot of participants in the competition and this allows you to choose the most advantageous offer.

Organizers, as a rule, notify participants about the tender through the media, as they are interested in attracting as many participants as possible.

The main disadvantage of this type of tender is the long period of holding, since the tender commission is forced to process countless applications. There is one more disadvantage - for the organization open competitions considerable financial investments and human resources are required.

1. Specialized closed tenders.

In these types of auctions there are many restrictions for participants. For example, an applicant must have a certain clearance or be a citizen of a particular country.

Specialized closed tenders are usually held when the exact number of participants is unclear, the work within the tender is specific and complex, and when the contractor must have certain qualifications to perform it. Only invited organizations can participate in such competitions.

1. Tenders held in two stages.

These types of tenders are organized if the procurement is very complex or if non-trivial specific issues of a technical nature need to be resolved.

At the first stage, the customer develops an initial version of the technical specifications. This document becomes the basis for the preparation of initial tenders by participants. In their proposals, entrepreneurs do not mention cost or other commercial conditions.

Then the auction organizer conducts a kind of negotiation, during which he agrees on different ways of solving the problem proposed by the participants. When the negotiations come to an end, the organizer creates the final version of the terms of reference.

This is followed by the second stage - preparation and submission of applications by entrepreneurs who participated in the first stage of the tender. In applications, participants indicate technical and commercial (prices, terms, payment schedules, etc.) proposals in accordance with the final terms of reference.

The customer studies all applications and makes a choice in favor of the most advantageous offer and enters into a contract with the relevant contractor.

1. Request for quotes.

Request for quotation is the process of selecting a supplier for goods that have similar characteristics, such as office supplies. Typically, in this type of auction, the bidder who offers the lowest price wins.

These types of tenders have a number of restrictions, namely:

• the contract value cannot exceed half a million rubles;
• the volume of such purchases per year should not exceed 10% of the volume of funds allocated for all planned purchases of the customer, but not more than 100,000,000 rubles per year.

These types of tenders can be held within 12 days. To do this, the contractor must provide a quotation request in a universal form. Thanks to the universal form, the customer can quickly compare applications and decide on the winner.

A quotation application may be rejected for two main reasons. Firstly, if the participant offers a price higher than the initial price. Secondly, if the application does not comply with the notice.

As for the scheme for conducting this type of bidding, initially the customer often requests a specific model, and not a set of necessary technical characteristics. Each participant specifies in the quotation the price at which he agrees to supply this product. The supplier has no right to change the price, as in an auction. Therefore, when indicating the price, this should be remembered, since the contract is concluded, as already mentioned, with the one who offers the most favorable price.

You can send a quotation request either by mail or in electronic format. In the second case, the application must be affixed with an electronic digital signature. The participant is notified of acceptance of the application by mail.

1. Purchase from one supplier.

These types of tenders are carried out if:

• the supplier of products or services is a monopolist in the industry;
• all suppliers refused to participate in the tender;
• the customer himself excluded all applications.

Purchasing from one supplier has a main feature. It consists in the fact that the contract is signed directly with any supplier who can fulfill the conditions specified in the agreement. There is no direct bidding procedure.

If this type of tender is carried out, the customer must reasonably explain in a documented report that it is impossible or impractical to determine the contractor in any other way. In the report, he must also indicate and justify the cost of the contract, as well as mention key features performer. All this is necessary to eliminate corruption schemes.

Why do we need a bank guarantee and a tender loan?

Any types of tenders are costly activities associated with significant financial risks, especially for the customer. It is necessary to carefully prepare for tenders and not forget about financial security, which can only be achieved thanks to a bank guarantee. A bank guarantee is a document that confirms that if the contractor does not fulfill the terms of the auction, the bank will pay the customer the guarantee amount. This document is issued by the bank.

We can speak of a violation of obligations to the customer if the contractor:

• does not fulfill or performs poorly its obligations after the conclusion of the contract;
• refuses to sign the agreement after the customer has recognized him as the winner of the tender;
• withdraws or changes the terms of its tender proposal after the deadline for submitting applications.

A tender bank guarantee allows you to participate in various types of trading, which include tenders, competitions, and auctions. In addition, it guarantees that the winning bidder will fulfill its obligations under the contract. The period of its validity is limited to the moment of conclusion of the agreement between the customer and the winner, and the amount cannot exceed 5% of the amount of the future transaction.

There is a bank guarantee ensuring the return of advance payments. The winner of the tender provides it when payment of advances or prepayments in the amount of up to 30% of the contract price is provided. In this regard, before receiving an advance, the contractor is obliged to present to the customer a document confirming the latter’s right to demand the bank pay the guarantee amount. To issue a guarantee, you only need to submit to the bank the statutory documentation and materials that confirm the right to participate in the competition.

Tender loan is a bank loan certain type, which is provided to secure applications for participation in such forms of bidding as tenders, competitions and any types electronic tenders.

Currently, banking institutions issue two types of tender loans. The differences between them lie in the duration of the agreement with the bank. There is a loan with a revolving credit line and a one-time loan.

A loan with a revolving credit line gives the right to participate in several tenders per year. It allows you to participate simultaneously in one competition or several without exception. Money from the enterprise's turnover. In addition, this type of loan makes it possible to participate in auctions, the budget of which amounts to millions.

The following conditions apply for issuing a loan:

• period – up to 3 months;
• interest from 14-21% (depending on the bank);
• registration period – 9 days;
• cost – 1-5% (determined by term and amount).

Obtaining a bank guarantee is more convenient and profitable from a financial point of view, compared to a loan, since it involves less financial expenses, and the processing takes only a few days. A participant who has resorted to a bank guarantee does not have to worry about how to prepare his company for inspection in order to obtain a loan, where to get collateral, and how to raise money to pay off the debt.

A bank guarantee is usually provided by reliable banks whose reputation is impeccable. In this regard, the client’s financial risks are minimal.

Instructions for participation in one or another type of tender

1. As with any other issue, it is first worth studying regulatory framework, which is based on FZ-44. Particular attention should be paid to the rules that stipulate the requirements for participants (Article 31), and also take into account the order in which an application is submitted and how it is considered (for example, Articles 66-67 for auctions). You can find Federal Law-44 dated 04/05/2013 in any freely accessible legal reference system (for example, Guarantor or Consultant). You should use trusted sources with regularly updated regulatory frameworks.
2. Next, you need to check whether there are any debts on various fees and mandatory payments, whether the founders and accountants have been convicted, and whether administrative sanctions have been imposed on the organization.
3. Decide on the sites where tenders are held and register as a contractor. To take part in the auction, you must have an electronic digital signature (EDS). To complete it, you need to collect a package of organizational documentation and submit it to the digital signature registration center in your region (you can also contact companies that professionally resolve this issue).
4. When submitting an application to participate in any type of tender, you must also provide copies of the constituent and organizational documentation, duly certified (all types of electronic tenders require the submission of scanned documents).
5. Some organizers, along with other rules, also require a bank guarantee. Therefore, you need to obtain information in advance about which credit companies provide such services and how much they cost (usually a fixed percentage of the guarantee amount).
6. Next comes participation in the selected tender.

Most often, trading is held on 5 electronic platforms (today they are the most famous):

1. “Sberbank-AST for government procurement”: http://www.sberbank-ast.ru.
2. “National Electronic Platform”: http://www.etp-micex.ru.
3. “RTS-tender”: https://www.rts-tender.ru/about/news/PgrID/634/PageID/3.
4. State Unitary Enterprise "Agency for government order, investment activities and interregional relations of the Republic of Tatarstan": http://agzrt.ru.
5. JSC "Unified Electronic Trading Platform": https://www.roseltorg.ru.

Any types of electronic tenders are carried out according to a scheme that is much simpler than the procedure for organizing standard tenders. But this only applies to government tenders. If we are talking about private enterprises, then to find the necessary trades you will need to study more than one site.

There are no specialized sites for commercial tenders. But it’s not difficult to find such a site – if you have the desire. Search parameters are determined by the goals, scope of services or products provided.

Here is an example - a list of some commercial online trading sites:

• "Sberbank-AST for commercial procurement": http://utp.sberbank-ast.ru/Com/NBT/Index/0/0/0/0.
• "ONLINECONTRACT": http://onlinecontract.ru/.
• “Auction Competitive House”: http://www.a-k-d.ru/.
• "SETonline": https://www.setonline.ru/.
• OJSC Severstal: http://www.severstal.com/rus/suppliers/srm/.
• "BashZakaz.ru": http://etp.bashzakaz.ru/.
• "Tender.Pro": http://www.tender.pro/.
• "REGION-AST": http://region-ast.center/.
• "TRADE 223": http://torgi223.ru/.
• “Purchasing Automation Center”: http://etpcaz.ru/ and others.

How to win any type of tender

1. First you need to soberly assess your financial capabilities. This is easiest to do for someone who often participates in auctions. Types of tenders are different and have their own specifics. The more often you participate in different types of trades, the higher your chances of winning. You will act taking into account your previous experience, whether positive or negative, as well as the mistakes you have made.
2. Next, you need to correctly draw up documents for participation in the competition. About 25-40% of potential participants are not allowed to participate in tenders because the documentation they compiled does not meet the stated requirements. The application should not contain complex terminology; it should be written in simple and understandable language. This document must fully comply with the requirements of the competition and include exclusively information about goods and services that are of interest to the customer.
3. Then there are guarantees. The customer will be more loyal to you if your tender proposal includes warranty obligations. The chances of concluding an agreement with the customer will increase significantly. Having guarantees in the offer will work in your favor. You will be able to attract the attention of the customer and create the right reputation for your enterprise - a business unit that can be trusted.

If this is your first time participating in a tender and you doubt your capabilities, seek help from professionals who already have experience in participating in such events. But even if participation in your first tender is not crowned with success, remember that everything does not come right away and luck comes with experience.

Expert opinion

Andrey Medvedev,

CEO"Industrial Power Machines" company

1. Use aggregator systems.

We are registered on more than 40 electronic trading platforms (ETP), including commercial ones: B2B-Center, Fabrikant, TEK-Torg, ALROSA, Lukoil, etc. I recommend using specialized aggregator systems (to for example, www.seldon.ru, www.trade.su). Thanks to them, you will not miss an important tender and will not get confused in their huge number. These systems combine information about tenders from most electronic platforms in Russia and some other countries, and also provide Additional services, for example, help in preparing electronic digital signature(to certify documentation on the Internet), accreditation on various ETPs, correct preparation of an application, etc. In addition, the systems generate analytical reporting and carry out marketing analysis procurement participants and the market environment in general.

1. Read tender documents carefully.

To participate and win the tender, you must carefully read the terms of the procurement being carried out and correctly formulate your application, clearly following the instructions in the tender documents. You should work out a number of aspects, namely: the maximum cost of the contract, its security, delivery dates, terms of the contract in case of any violation of the terms by both parties, the area of ​​delivery of the equipment.

To avoid problems, you need to take into account what customers require from potential suppliers. For example, customers may stipulate that only manufacturers or official dealers with experience in implementing identical projects and at least three years of experience in the market. If you skip this description, complete the paperwork, and then it becomes clear that your company does not meet the established requirements, then you will have wasted your time.

In addition, you need to carefully fill out the forms accompanying the application (company application form, technical and commercial proposals), indicate in detail the parameters of the equipment, the quantity of products you plan to supply, the cost of a unit of goods, the total price of the application, etc.

What information and to what extent is required is determined by the customer. Typically, forms and instructions for completing them are included in the bidding documentation package.

1. Monitor the relevance of documents and certificates about the organization.

Some types of tenders (commercial) involve the participation of exclusively accredited enterprises. Accreditation is carried out by purchasing enterprises. Once a year, the company is required to confirm that it is accredited. If she has all valid certificates and documents (for example, extracts from the Unified State Register of Legal Entities, certificates of absence of tax arrears, etc.), most likely there will be no difficulties with accreditation.

You also need to evaluate how current the documents required when applying for participation in the competition are. It is very important that you always have at your disposal the most common documents that are often required to be provided, for example, from the Federal Tax Service. We request such documentation every month (certificate from the Unified State Register of Legal Entities, certificate of payment of taxes, certificate of compliance by the taxpayer with tax obligations), since the period for issuing them by the Federal Tax Service is 5 working days. During this time, the deadline for submitting an application to participate in the tender may expire.

1. Be prepared to secure the application and fulfill the contract.

Typically, purchasing enterprises conducting commercial tenders do not require security for the application and execution of the contract financial means or a bank guarantee. But if these are the conditions that apply in your case, consider a number of important points.

First. Enterprises organizing a tender on fair terms usually offer to either transfer security funds to their bank account or provide a bank guarantee. Therefore, if you see that the organizing company limits the options for securing the application (for example, it only asks to transfer funds), be vigilant - it is possible that this is fraud.

Second. To attract the maximum number of possible participants, companies organizing unfair tenders significantly inflate the maximum cost of tenders. What to do in such cases? Have the security team check this enterprise. If it becomes clear that the company was registered not so long ago, it is better to bypass this tender and not participate in it.

1. Confirm the company's reputation with action.

Trading results are often difficult to predict. Organizers can use a whole evaluation system for participants using points. IN in this case criteria, in addition to price, will also include such parameters as the financial stability of the company, experience in supplying similar products, the period of guarantee for the supplied products, the period of performance of duties on the basis of the contract, the qualification level of the employees of the participating company, the availability of material and technical base, etc. For example, the final rating for a potential supplier can be given as a combination of ratings for the parameters “cost of agreement” and “qualification and business reputation participant" in a ratio of 35% to 65%.

1. Keep an eye on your competitors.

In recent years, cases of dishonest suppliers participating in tenders have become more frequent, offering low-quality equipment (mostly made in China) at a low price. Situations arise when such enterprises do not fulfill the terms of agreements, after which they change their legal entity and participate in tenders again.

You can also encounter outright fraud, when unscrupulous companies simply rewrite the characteristics of equipment from the technical specifications, despite the fact that in reality their technical means go against the requirements. As a result, the victory in the tender goes to the dubious product offered at the lowest cost.

How to organize a tender yourself

1. First, within the enterprise, you need to create a list of tasks that will be put up for auction and agree on the type of companies participating in them. Next, you need to make a decision on holding a competition.

Experience suggests that this preparatory stage must be present if you plan to hold a tender. Thanks to it, your company’s employees will better understand the goals of the tender.

A unified understanding of the competition’s objectives by all company personnel will ensure a more prompt decision on all further stages works It will also be useful to come to a common understanding of the type and scale of suppliers invited to tender, as well as to establish which type of competition is preferable - open or closed.

1. Next, you need to create a “Brief” (Invitation to Participate).

As part of this stage, the specialist responsible at the customer enterprise for preparatory activities and organization of tenders, in a single document sets out the goals of the project (tender) and indicates what requirements participants must meet.

A typical brief has a specific structure and consists of:

• descriptions of the customer enterprise;
• problem statement;
• descriptions of the desired result;
• requirements for tender participants;
• descriptions of the application form (document criteria);
• criteria for evaluating applicants;
• timing of the tender.

Each chapter in the application is a meaningful and functional part of the document. Of course, your company has the right not to include one or more parts in its brief. But in this case, communication and interaction with potential suppliers will be complicated.

1. Then you need to select the enterprises that will take part in the tender.

When the brief is formed, you can invite enterprises that are interested to participate in the auction. As a rule, if a “price tender” is announced, 3-4 organizations are invited to participate. If a two-stage “tender for solutions” is planned, the number of participants in the first stage can vary from 5 to 9. The second stage involves three companies with the most attractive, in the opinion of the organizers, proposals.

1. The fourth stage is clarification of positions.

At this stage, organizations that have submitted initial applications to participate will ask you additional information to come up with your own solution to the problem. To ensure that participants' final proposals are not only personalized, but also meaningful, set aside some time for discussion. It is at this moment that you will remember the reasonable limitation on the number of companies participating in the tender, which was mentioned earlier in the article.

If the bidding is planned to be held in two stages, then after studying the preliminary application, the enterprises that entered the second round prepare the final documentation.

1. Participants present their finalized proposals.

This stage is very important, and a formal document is indispensable here. The organizer informs the finalists that he wants to meet with them. During this meeting, representatives of the provider can convince the organizer of the unconditional correctness of their decision.

Let us note that if the activities within 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 participate in the final presentation.

1. The customer company makes the final selection.

Upon completion of all presentations and detailed consideration of the proposals put forward, the responsible managers of your enterprise jointly make a decision in favor of a specific supplier. In some organizations, decisions are made during a meeting, in which participants verbally discuss and clarify the opinions of internal customers. In other more formal situations, a rating is compiled. Using the weighted average method, experts determine the final score of each participant.

1. The final stage is the announcement of the winning suppliers in the tender.

The most exciting moment for the participants. Unfortunately, in Russia it often happens that firms that did not become winners learn about the end of the tender only when the competitor is already fully working on the project. Of course, the customer should not behave this way. During general meeting, through the media (if the type of tender is open) or individually (if the tender is closed), he should inform all participants that the work has been completed and the final supplier has been selected.

“Negotiable” types of tenders: what they are and how to recognize them

In the area of ​​tenders, special cases arise. There is a lot of talk about corruption in this area. Indeed, negotiated types of tenders are often held. Despite the fact that the tender itself is aimed specifically at eliminating the corruption component, it still exists when they are held.

Here it is worth considering one feature of that part Russian business, where the customer is budgetary institutions. All their activities have been transferred to the procurement rails, squeezed into the strict framework of the competition. Any applicant who has correctly completed the application and documentation and offered the lowest cost can win the tender.

What about the other components? For example, such as the ability and ability of the supplier to fulfill the client’s wishes in the shortest possible time, flexibility and other features of interaction? Often, a client who has previously collaborated with one or another supplier wants the contract to go to him, since it is proven and reliable, and fully meets all the requirements. But if a tender is held, it is possible that the contract will have to be concluded with an unknown (for the customer) enterprise, and there is no guarantee of comfortable interaction with it. In other words, winning a tender based on the price component does not provide the buyer with a guarantee of flawless interaction in all respects. In addition, the buyer cannot be sure that the supplier will fully meet the requirements.

In this regard, you can often find contractual types of participation in tenders, when the buyer puts all his efforts into creating a formal environment in which it is difficult for other participants who have not received approval in advance to win. Let us note that this does not always indicate a corruption component, the presence of bribes, kickbacks, etc. But you should not take part in this type of tender either. The exception is if your business has received pre-approval.

It should be noted that commercial structures almost never conduct contractual types of tenders. Enterprises' own funds are involved there, and the organizers control all tender parameters much more strictly. The purpose of bidding in business is to find a supplier with the most favorable conditions, and the approach to the procedure here is more flexible. In other words, there is no need for commercial structures to hold tenders “for show.” In their case, a rational and logical approach applies. However, here too there are known situations when employees commercial organizations there was an interest in gratitude from suppliers for “assistance” in concluding contracts, and, on the contrary, when unscrupulous customers put performers in an unpleasant position after working out part of the contract, when they did not transfer payment for products or services.

Let's consider such types of tenders as state procurements, from the point of view of the corruption component. Here corruption is the most common phenomenon.

Here are clear signs of government procurement conducted on unfair terms:

• the terms of the technical specifications are confusing, unclear, unclearly spelled out, and contradict each other;
• the deadlines are minimal, and it is clearly impossible to complete the task within them (every businessman knows his own field of activity and can understand which deadlines can realistically be met and which ones cannot);
• the contract price is too high, and at the same time the requirements for the supplier are very strangely detailed;
• there is a condition according to which the application must be accompanied by an already completed part of the work;
• The customer's tender history includes contracts in which the number of enterprises is quite limited.

All this indicates that the buyer seeks to “weed out” unnecessary potential performers. Sometimes these types of tenders are held for visibility, and the selected contractor has been working on the project for a long time. To enter into a fight in such cases is only a waste of energy, time and money. No, of course, there is an opportunity to appeal the results of the competition and submit an application to the FAS. But it makes sense to enter into a fight only when the enterprise has previously participated in similar types tenders and there are competent specialists on staff who can defend his rights.

Information about the experts

Andrey Medvedev, General Director of the Industrial Power Machines company. Graduated from Yaroslavl State University them. P. G. Demidova. Worked at the Yaroslavl motor plant "Avtodiesel". In 2005, he became one of the initiators of the creation of the PSM engineering group. (“Industrial Power Machines”), in which he served as commercial director from the moment of its founding. Since 2012 - General Director. "PSM" ("Industrial Power Machines") is a company whose field of activity is mechanical engineering, engineering, metalworking, production of special power and pumping equipment based on diesel engines. Founded in 2005. There are 250 people on staff. The company's turnover in 2014 amounted to 1.5 billion rubles. Official website - www.powerunit.ru

If we look at the definition in the international dictionary, then literally translated this concept means a commercial competition. From which we can conclude that any procedure to identify the best participant on a paid basis can be called a tender. On international market A huge number of so-called goverment tenders take place, and Russia has concluded international agreements with some countries. Accordingly, Russian legal entities can participate in tenders on equal terms with local rights, for example in

In Russia, tenders are implemented in two main forms:

• procurement;
• bargaining.

The difference lies in the essence of the procedure: when the customer needs to satisfy his need for the normal functioning of the company, he makes a purchase. The reverse process of alienation of existing property is called bidding.

More about procurement

The most popular are considered to be government procurement within the framework and procurement by certain types of legal entities (). At the same time, it is necessary to say something about the state defense order to ensure the activities of law enforcement agencies. Such activities are regulated.

IN Lately large commercial companies are learning from budgetary institutions and more and more are posting their own. And the last, rather young type, is procurement in accordance with Government Decree No. 615 of 07/01/2016. It regulates the procedure for attracting contractors to carry out major repairs.

Thus, in healthy competition, budget savings are achieved and working capital within commercial organizations.

All government purchases and orders under 223-FZ are placed in.

It was created to place government defense orders.


At the same time, commercial legal entities, as a rule, use the functionality of electronic trading platforms and place corporate orders exactly on them.



Orders are also placed on the ETP for the selection of contractors under PP No. 615.



Basically, purchases differ according to three main criteria:

1. What is the status of the customer (for example, individual species legal entities - 223-FZ).
2. What funds are spent (for example, budget funds under 44-FZ).
3. Specialization of the field (for example, major repairs or state defense orders).

More information about the auction

It is impossible to list all the auctions that take place in Russia in one list. This cohort can include bankruptcy auctions (competitions) (when property is purchased from an organization declared bankrupt by a court decision) and the sale of confiscated and seized property. Housing stock is sold quite often local government, and also a significant share is occupied by auctions on civil and land codes.

There is one system that combines a large number of trades, but not all. This is the gov ru trading system.



On this site you can find information about the sale land plots or privatization municipal property(178-FZ), and also here auctions are placed according to Order No. 67 of the Federal Antimonopoly Service (FAS) on holding competitions or auctions for the right to conclude contracts:

• rent;
• free use;
• trust management of property;
• other contracts.

As a result, there is a transfer of rights in relation to state or municipal property.

As a conclusion, we emphasize that the concept of “tender” is multifaceted and cannot be associated only with government procurement.

Video: what tenders are there?