How are tenders conducted? Tenders in which everyone can participate. Advice to the General Manager

It happens that the supplier company becomes unable to continue deliveries. As a result, the enterprise has to urgently look for new suppliers and establish relationships with other enterprises. The volume of public procurement is increasing, which allows participants to be competitive and win bids. How the tender is conducted, you need to know any company dependent on external supplies.

Who conducts tenders at the state level

To understand the market system, you should answer the main questions:

1. How are tenders conducted?
2. Who is doing this?

At the all-Russian level, tenders are conducted by the municipality, which is provided for by the relevant legislative acts. They can also be carried out by special state authorities. The main goal of such a nationwide event is to find a suitable executing company for orders. At the same time, the tender is won by the company that can offer the most effective methods performance, including terms of delivery, etc.

At the state level, the main method of public procurement is a tender. A state tenderer is a special option for issuing a state order for the supply of necessary goods. Also, the basis of the contract may be the provision of special services or the performance of a number of works on the basis of specific conditions put forward by the customer company, within the appropriate time frame. This procedure implies the removal of the economic well-being of the company on a competitive basis, which allows the executing company to win, whose conditions will be most beneficial to the customer.

How is the state-level tender going?

The principles of the state tender are the equality of participants, their competitiveness in the conditions of the competition and competitiveness. If companies are not ready to fight for the need to obtain a contract, then their passivity will not be able to give them an advantage. If the firm-executor does not want to participate in the tender, feeling that this level is "too tough" for her, she can withdraw from the race for the contract at any time.

Each firm-participant in the course of preparation carries out certain expenses for carrying out a number of works on calculations, statistics and development of ideas for the competition. Unfortunately, the contracting authority will not be able to recover these financial points, since each tenderer works on a voluntary basis, and not only winnings matter. The fact is that representing your competitiveness at the national level is already a success on the way to becoming a leader in supply. This will attract investors willing to cooperate. Therefore, each company knows how the auction takes place and what benefits it brings to the customer and contractors.

National tenders are of several types.

Public events

This type of competition is usually held when it is necessary to organize supplies for equipment, goods or certain services. At the same time, all suppliers who consider themselves eligible can participate in such tenders.

How are open auctions conducted? This version of the event must be carried out under standard conditions, taking into account the orders and rules provided for by law. At the same time, openness at the national level allows everyone to take part. Of course, at such rates and at such a high level, not every firm will be able to apply, since this requires certain capacities, skills and resources. In addition, the customer company always reserves the right to introduce additional tender conditions in order to weed out unsuitable applicants.

Closed

The most profitable are just such contests. The fact is that not every contractor is aware of the existence of such a tender, which allows it to be held in a narrow circle.

How to conduct a closed tender? If we are talking about the national level, then, most likely, the need for non-disclosure is important. The state secret forces the customer firm to carefully select the applicants to whom the invitation to participate in the competition will be sent. After that, only those suppliers who submitted applications on time will participate. Each executing firm is obliged to maintain strict confidentiality both during the competition and after the signing of the contract. Leakage of information will be considered non-compliance with the contract, which will cost a round sum in the form of compensation.

The advantage of participating in closed auctions is the opportunity to receive a large order and permanent job with the customer firm, which will allow the executing company to reach high level economy and world market.

How are tenders held in Russia on a covert basis? For a closed state competition, companies are invited that can provide compact supplies of products or services of a special nature. However, only invited suppliers can participate, as the tender itself will not be announced in the media. This guarantees the confidentiality of the competition, which will keep the information secret.

Public procurement at such auctions must be coordinated with government agencies, since they are the main stakeholders confirming the need to organize and conduct an auction or tender. Applicants must provide a full set of documents in time in accordance with the requests of the competition. Applications are registered, after which the proposed products or services from each company are subject to verification for compliance with all conditions. Which supplier offered the most suitable conditions will sign the state contract.

One-stage contests

Differ in simplicity and efficiency of carrying out:

1. It is possible to conduct a tender promptly in one stage if the purchase can be made from one supplier.
2. Such a tender is preferable when it comes to small volumes of purchases.
3. Conducting in one stage is beneficial at the local level if one needs to be selected among two or three possible suppliers.
4. One-stage tenders can be held if the holding itself is purely symbolic, but in fact there is only one real representative for the position of the procurement and contract execution executor.

How to conduct a tender among suppliers in one stage? In this case, the competition itself is inappropriate, but it is held only in order to clearly demonstrate the honesty of the customer company and its willingness to cooperate with everyone who will be able to ensure the fulfillment of all the conditions of the contract, including the necessary volumes of supplies.

two-stage

Such events are carried out when it is necessary to enter the international market and ensure public procurement of rather complex, atypical products. In this case, scientific works can act as a commodity, research work, technological developments or architectural design work.

How to conduct two-stage tenders?

How tenders are conducted

The holding of such an event depends on the type of purchases and the necessary goods. As a result, they can be closed, open, held in the form of an auction, etc. If we are talking about an open state tender, then only those performers who managed to respond to the invitation to participate in time take part. In this case, the specifics of the implementation depend only on the customer.

Documentation

The tender documentation indicates the schedule of the competition, requirements, and the necessary qualifications of the executing firms. In addition to the commission, independent experts can be brought from the customer company, who will be able to give a more accurate assessment of goods and services. The winner of the competition will be determined by voting. In the future, the company will sign a state-approved contract with him.

How can I participate in the state tender

Many potential participants are interested in how public tenders are conducted and how to participate in them. To take part in such a competition, you must first submit an application. The fact is that such tenders are held openly, which makes it possible for any contractor to take part (with the exception of state secrets). To ensure that companies that are unable to perform the contract in the future do not take part in the competition, each participant is required to submit an application, to which there will be appropriate security in the form of a bank guarantee or tender credit.

Among representatives of various organizations and enterprises, one can increasingly hear about such a term as "tender". However, few people know that it is this set of measures that helps some companies to look for other contractors with maximum benefit for themselves. We will tell you more about what a tender is and about all the nuances of its conduct in our article.

Brief background about the tender

About such a concept as a "tender" for the first time they started talking in America during the end of the Second World War. It was the Americans who came up with the idea to develop a system of tenders. A certain share in this was played by the fight against corruption. 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 is a little later, closer to the harsh 90s. However, most business leaders did not seek 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 prevented them from understanding the essence of the issue. But time put everything in its place, and they started talking about tenders in earnest. So what is it and what can it be used for?

"Hu from hu", or what constitutes a tender

What is a tender can be learned from the literal interpretation of this word. From English "tender" is translated as "bargaining" or "competition". In other words, this concept implies a kind of conditional competition between suppliers of goods and services in order to attract the most promising customers. Moreover, this competitive struggle 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, as a rule, is in the public domain and is as transparent as possible. Only the participant who, in the opinion of the customer, provided the most attractive services or profitable goods, can win in such a peculiar competition.

In turn, private or state companies who are interested in tender bidding. Unlike a commercial structure, state organizations organize 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 competitive commission. And, finally, this action has its own standard, consisting of three parts: an auction, a tender, and a request for quotations.

Where can auctions take place?

Most trades are usually carried out on special virtual platforms. At the same time, 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.

In the vastness of this Internet resource, which actually acts as an intermediary between the seller and the customer, specialized electronic auctions are held, online transactions are carried out and full-fledged training for beginners takes place. A prime 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 you to make purchases for the needs of municipal and state importance. According to its regulations, the following persons are involved in the auction:

• customers;
• site operators;
• representatives of the specialized authorized authority;
• service and product providers;
• independent registrars;
• representatives of regulatory and inspection bodies;
• certification center staff.

"RTS-tender" (electronic platforms of this type belong to platforms of federal significance) contains separate tabs on the rules of bidding, gives advice to beginners and provides a range of services for customers and contractors.

For example, buyers on the portal are offered a complete legislative framework regarding bidding, they can use analytics to monitor all e-procurements in the region.

For sellers, the RTS-tender platform gives them the opportunity to get accredited and find a suitable customer. By the way, the customers themselves are provided with a free verification of the 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 of a possible counterparty throughout the tender.

How does tender lending work?

In addition, the site has tender lending, which allows the customer to participate in a large number of auctions, which increases his chances of winning the auction. To apply for it, you just need to enter the page of the auction you are interested in and click on the link "Application for a loan".

After that, the RTS-tender portal will automatically redirect you to your Personal Area to fill in the required electronic form and secure it with a virtual seal.

How is bidding carried out?

Before the tender itself, a number of preparatory activities take place to help protect all bidders. In particular, the client company collects an independent commission, whose members have necessary knowledge to analyze the subject or object participating in the tender. They help to 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, all comers submit applications, each of which is considered and entered into a single list of participants and a special journal. After that, all potential applicants are registered and their proposals are considered. Based on the results of the auction, the winner is announced, whose name also falls into public sources.

What documents are needed to participate?

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

• an application and a questionnaire indicating basic information about the service provider or seller;
• offer;
• an explanatory note (as a rule, calculations are made 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 must comply with the following points:

• describe the bidding object 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 bids 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 involving the request for price quotations;
• tenders involving tenders with purchases only from a single supplier of goods and services.

Opening of the auction: what is it?

Open tenders involve the participation of all interested suppliers and are distinguished 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 about the time of the event, about the participants and the rules for submitting applications can be obtained from the virtual tender platform (the electronic platform where the auction is held).

What is a closed bidding type?

Closed bidding provides for the participation of a strictly limited number of participating companies that own a specific license. Such a competition, as a rule, is held when it is necessary to sell or order specific products or services. For example, a closed tender is relevant during public procurement of products necessary for the needs of the defense industry.

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

Two-stage tenders involve the organization of complex purchases or the resolution of specific technical issues. And, based on the name, such auctions consist of two stages: first, basic bids are submitted without specifying details, made on the basis of a primary task from the customer; then, the application is resubmitted, but taking into account specific prices, terms and schedules.

When requesting quotations, the customer, as a rule, 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 offering its service at the lowest price.

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

Procurement of goods and services from one supplier is possible in such situations:

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

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

Now you know exactly what a tender is.

Those wishing to take part in ongoing tenders within the time limits specified on the website, to obtain tender documentation, contact the initiating units at the contact numbers indicated in the public announcement (additional information). To participate in the tender, the applicant must submit the following documents (information about the organization):

Application for participation in the tender (initially, a copy of the application for registration is sent by fax, indicating structural unit who posted a notice about the tender);

A copy of the certificate of registration with the tax authority;

Copy of the extract from the Articles of Association: name, address, executive agency and his rights;

A copy of the decision on the appointment of the executive body;

Copy of license (if necessary);

A copy of the ISO 9001 quality standard certificate (if any);

Competitive proposal (copy together with the application by fax).

The Competitive Proposal consists of two parts:

Technical part:

The technical proposal must contain comprehensive information about the product (works, services performed), product quality (compliance with GOST, TU, SPiP and other characteristics); the absence of any information on the listed issues will be regarded as non-compliance 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 of the total cost. It also indicates the terms of payment (calculations) and possible discounts; volumes and terms of deliveries (performed works, rendered services); terms of delivery (performance of work, provision of services), allocation of costs for the delivery of goods.

When making a decision, 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;

The financial condition of the enterprise.

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

All submitted bids and documents included in them after their consideration are not returned to the Bidders. Bidders who receive tender documents must treat them as a confidential document and may not 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 choose any Bidder as the winner, including if the price offered by the Bidder is higher than that of other Bidders, as well as to reject any Bid or all Bids without explaining to the Bidders the reasons for such a decision. If the lowest price of the subject of the tender offered by the Bidders exceeds the Organizer's estimated cost, the Organizer will have the right to reject all Bids and re-tender. Placing a notice on the Internet about the ongoing tender is not an offer. All costs associated with the preparation and submission of the Bid shall be borne by the Bidder.

The deadlines for submitting Bids are indicated in the public announcement posted on the website. Bids received later than the above deadline will not be considered. Competitive bidding or tendering itself is an open process. Applicants have the opportunity to submit, defend, and justify their own tender proposals. One of the conditions of the auction is the deadline for submission of proposals for participation in the auction. Not later than this time, all firms (offers) participating in the auction submit a duly executed tender against signature to the tender committee.

Proposals are submitted in closed sealed envelopes (often double) to avoid premature leakage of information that competitors can use. On the outer envelope, the address for receiving proposals is indicated, on the inner envelope - the number of the tender, its name (purpose) and the date set for the receipt of documents. The next stage of the auction is a comparison of submitted proposals, summing up and determining the winner. On the appointed day and hour, the tender committee opens the envelopes with the proposals received. The procedure for opening packages with proposals can be carried out in public conditions, in the presence of all bidders, representatives of funds mass media. Such auctions are called vowels.

When conducting covert 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 bids received in the event that the goal is to select the bid with the lowest prices, all other things being equal. However, most often it takes time to make a decision on the choice of a supplier (contractor for the construction of an object) in order to carefully analyze the submitted proposals and select the one that best suits the objectives of the tender. The period during which the tender committees study and analyze proposals of tenderers (offers) depends on the amount of information (technical, commercial, etc.) to be analyzed, usually from several weeks to several months. The decision of the tender committee on the selection of the winner of the auction may be public, or 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 conditions, usually pays a second security deposit. Its value usually ranges from 5 to 10% of the order value. After the order is completed, the guarantee deposit is returned.

A contract is signed with the winners of the auction, which stipulates all the necessary conditions. Contracts come into force after approval by government services. The conclusion of a transaction based on the results of the auction can be carried out by accepting the offer (acceptance) without the subsequent signing of the contract by both parties.

Standardized cycle of work on the project "tendering".

Stage 1. Formation within the company of a list of tasks submitted for tender and coordination of the type of organizations participating in it. Deciding on a tender.

As practice shows, this stage is not superfluous at all, since the speed of decision-making on all subsequent stages of work depends on how unified the understanding of the tasks submitted for the tender will be by various employees of the company. It is also not bad to reach mutual understanding on the issues of what kind and scale of suppliers will be invited to participate in the tender, whether it will be open or closed.

Stage 2. Creation of "Brief" (Invitation to participate).

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

This brief (Invitation to Bid) will then be sent to potential bidders for consideration.

The standard brief includes the following composition:

Description of the client company

Formulation of the problem

Description of the desired result

Requirements for bidders

Description of the application form (document criteria)

Applicant Evaluation Criteria

Tender deadlines

Each part of this application is a meaningful and functional part of the document. Of course, that your company may be from any of them, or several at once, but this will only make it difficult for you to communicate with potential solution providers.

Stage 3. Choice of companies - participants.

Now, after the formation of the brief, you can safely invite interested organizations to participate in the tender. Usually, if a "price tender" is announced, then 3-4 organizations are invited to participate. If a two-stage "tender of 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 go to the second stage.

How to determine the composition of companies - participants for 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, by government organizations.

A closed tender provides for the invitation of participants by the organizing company. To be invited to participate in the first stage, participating companies are selected according to criteria that are significant for the organizer. Now that you have announced the start of the tender, you are looking forward to receiving the initial bids.

Stage 4. Clarification of positions.

At this stage of the work, the companies that submitted the initial bids 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 the final proposals of the participants to look not only personalized, but also meaningful, you will need to spend some time discussing. This is where you will remember the reasonable limitation of the number of tender participants, which was written about above.

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

Stage 5 Presentation of final proposals.

At such a crucial moment, the finalists of the competition cannot do without a dry document; the organizer invites them to a meeting in the company. It is at this meeting, presenting their solution, that the representatives of the provider have the opportunity to convince you that their solution is the only correct one.

And if the work on the previous stages could be carried out by one or two employees of the relevant department, then the heads of those departments who will act as your internal customers for the project are invited to the final presentation.

Stage 6 Final selection.

After conducting presentations and carefully studying the proposal received, the responsible managers of your company collectively decide on the choice of a particular supplier. 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, using the weighted average coefficient method, the final score of each tenderer is determined.

Stage 7. Announcement of winners.

This is undoubtedly the most enjoyable and exciting stage for all participants. Unfortunately, in Russian practice it often turns out that companies that have not won a tender find out about its completion when their competitor is already working on the project in full. Agree, such behavior does not adorn the Customer. Good manners are considered general meeting or through the media (in case of an open tender) or in person (if the tender was closed) notify all participants of the completion of work and the choice of the final supplier of solutions.

As you can see, the work on the tender does not present insurmountable problems from the point of view of the organization. The main difficulty in this process lies precisely in the customer's awareness of the problem being solved and the choice of an adequate solution. And if you want to find the most economical solution to your problem, then you should probably only talk about comparing prices for the same services.

Khomenko Alexander Nikolaevich,

Commercial Director

In this article, we want to dwell on the main features of the tender procedures when choosing contractors for construction and installation work, which we encountered when organizing more than 30 tenders for our clients, acting as a technical customer.

It must be remembered that the selection of a contractor for a project is perhaps the most important task after the financial model of the project has been approved.

The stricter and tougher your procedures and conditions in the selection of applicants, the higher the chances of the project to succeed.

By setting high evaluation criteria from the very beginning, you greatly reduce the risk of project failure due to negligence of the counterparty during its implementation.

Large companies, as a rule, have their own tender departments that organize tender procedures based on accepted corporate standards. Small or project investment companies can tender depending on the project need, but both the former and the latter have to deal with the same sequence of steps.

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The first step is "Formation of tender documentation and terms of reference".

The very first stage is the most important, it essentially determines how successful the tender will be. When compiling tender documentation and terms of reference, it is better to be guided by the principles of maximum detail, unambiguous interpretation of the wording, and completeness of the requirements for potential bidders.

Terms of Reference should not be "mutually exclusive" or "jointly exhaustive".

It should contain everything that potential bidders need to know in order to form their price proposals, while ensuring that the requirements of the tender documentation are not ambiguous.

To draw up tender documentation, you need a lawyer and an economist, and to develop a technical assignment, you cannot do without a project manager and specialized technical specialists, depending on the characteristics of the types and types of work. A very common mistake is that the technical part is assigned to the same lawyers and economists who prepare the tender documentation. The result is good tender documentation and a very superficial terms of reference, construction in accordance with which is impossible without constant changes that affect the final cost of the object, and this is the main risk of any project.

The first section of the tender documentation is usually a list general characteristics object. Its name, purpose, location, size, implementation period, information about the customer and investor of the construction, a brief explanatory note on the existing set of initial permits, in accordance with which the construction will have to be carried out.

Next, you must specify the terms of the tender, the start and end dates for the submission of tender proposals, the exact address and the time of submission of proposals, the procedure for obtaining additional explanations in case of any of the bidders, as well as the procedure for canceling the tender.

An important aspect is the legal positioning of the tender, whether it will be a public offer in accordance with the rules civil code, that is, it will be mandatory for the conclusion on the specified conditions by the customer, or not.

The offer is made as a rule in relation to the purchase of a homogeneous product, where the quality characteristics are strictly defined and the only criterion is the price of the purchased products. When purchasing services, the tender is informative in nature, the terms of which can be changed at the discretion of the customer and the conclusion of an agreement with at least one applicant on the announced conditions is not mandatory.

One of the main sections of the tender documentation contains the qualification requirements for potential participants. Here you need to describe in great detail the requirements for the applicant in terms of it:

Experience: how many objects of a similar type and purpose should be completed or under construction; in what regions and in what terms they should be implemented; size and cost of constructed facilities;

Personnel: how many employees and what qualifications they should be, the profile of their education, the availability of diplomas, work experience, the availability of the necessary permits, certificates, permits for certain types of work, advanced training, etc.;

Equipment and material and technical base: type and quantity of necessary equipment, availability of production and storage facilities, contracts for the supply of necessary materials, availability of service contracts for the maintenance of existing equipment;

Licenses and permits: SRO permits for design and construction and installation work, if necessary, a license for work at cultural sites or specially protected sites where a FSB license is required.

Also in the tender documentation it is necessary to prescribe quantitative and qualitative criteria for evaluating the application.

In most cases, such criteria are price, quality, terms of service provision, as well as the size and duration of warranty obligations.

Depending on the preferences of the Customer, the cost factor can account for 30 to 70 percent of the total evaluation of each proposal. The remaining interest can be divided between quality criteria, terms and guarantee. For example, 100% of the total evaluation of proposals can be distributed in the following proportion - 50%/20%/20%/10%.

Further, each of the applications is evaluated in accordance with the specified criteria. Suppose the bid with the best, that is, the lowest, price in the above formula, will receive the maximum number of points for this criterion, i.e. 100 points, which, accordingly, will allow her to score the maximum 50% of the total score.

Then the application will also be evaluated according to each of the other criteria, among which are the maximum experience (implemented projects, personnel, equipment), minimum delivery times, maximum warranty obligations. Applications can be evaluated relative to each other or relative to the maximum/minimum requirements set by the Customer. By summing the scores for each of the criteria, it is determined overall score applications.

One of the main sections of the tender documentation is a draft contract for the provision of construction and installation works, but we will talk about this in more detail in the next article "Stage 3. Contract or legal shield of the customer."

In the section related to the terms of reference must be:

Directly the technical task itself, as detailed and detailed as possible. Feasibility Study, project documentation, which received a positive conclusion of the examination, a building permit, working documentation. The more the customer has advanced in the preparation of documents required for construction, the more accurately it is possible to set the criteria for selecting applicants for construction and installation works;

Detailed work schedule, divided into separate types and stages of work;

Consolidated statement of volumes of work, which determines the types and volumes of construction.

The second step is "Notification of potential bidders about the tender and initial evaluation of proposals."

The customer can conduct an open tender for the most open circle of participants or a closed tender for those companies that have previously been accredited or simply selected by the customer based on a preliminary assessment of applicants.

In any case, it is important to notify everyone as widely as possible about the tender procedure by sending invitations or posting information about the tender on one of the open electronic platforms (B2B-center, Fabrikant, GPB).

The more participants come, the more competitive the tender will be, and, accordingly, the more profitable terms can be obtained by the customer from suppliers.

After all applications from applicants are collected, they must be initially evaluated in order to narrow the circle of potential applicants. It is necessary to "weed out" those applications that clearly do not meet the quantitative and qualitative criteria and leave 3-4 most adequate applications in terms of price / quality / terms.

Such applications need to be dealt with more seriously.

Anything can be drawn on paper. Even notarized documents do not give any guarantee that the information provided by counterparties is true.

The third step is "Real assessment of tender proposals". A formal evaluation of each of the criteria is necessary, but much more important is the analytical work that needs to be done to select the best contractor for the job.

When evaluating experience, it is important to pay attention to the following aspects:

Does the bidder have a successful track record of completing and handing over objects that have similar characteristics to what the customer is planning to build. No need to give anyone the opportunity to learn from you, it will cost you a lot. Several previously completed projects significantly increase the contractor's chances of meeting the construction budget, maintaining quality and completing the work on time;

It is important to have built objects in the region where you are going to build. The construction industry is highly regulated, in order to promptly solve emerging problems, the contractor needs to constantly communicate with local supervisory authorities, and it is better if all these connections have already been built by him earlier - Vikings are not liked anywhere;

Definitely needs to be done field check to objects previously implemented by the contractor, to see them with your own eyes, to talk with his former customers, to hear their feedback about the contractor;

Separately, it is worth asking how the operation of previously commissioned facilities is going on, how many warranty cases were identified during the first 1-2 years of operation, and how conscientiously and promptly the contractor fulfilled its warranty obligations;

It will not be superfluous to get recommendations for specific project managers, engineers and contractor foremen. In any company there are responsible and irresponsible employees; it is important that it is the contractor's professionals who work with you on the contractor's side.

The same applies to checking the material and technical base. Any company can "draw" the availability of the required people, equipment, equipment, licenses. You need to make sure that all this really exists.

You need to go to the office of the contractor, see his production base, visit the warehouse.

For machinery and equipment, you need to check the documents confirming their purchase, original passports technical means and registration certificates. If machinery and equipment were purchased on credit, then it is necessary to talk with a bank or a leasing company to find out how timely the contractor's credit obligations are fulfilled.

For employees, it is better to see with your own eyes copies of diplomas, necessary permits, certificates, documents on advanced training.

On licenses and permits: it is necessary to make inquiries to the authorities and institutions that issued such documents in order to obtain confirmation of their authenticity and validity.

The next important step is to conduct a comprehensive due diligence of the supplier's legal and financial integrity. For this it is important:

Check the presence of litigation on the website of the arbitration court, as well as the presence of enforcement proceedings against the counterparty on the website of the bailiff service. The very presence of ongoing litigation is not a "black mark" for the contractor, but to get clarification from him and assess the potential consequences of a particular outcome litigation required for your project. The same verification must be carried out in relation to the general director and founders of the contractor. This will help you find the "skeletons in the closet" of your future counterparties, if they are there, of course, and avoid huge financial losses caused by the dishonesty of counterparties. In our practice, there was a case when a project with a budget of 250 million rubles. was frustrated, the contractor simply disappeared, and then it turned out that 8 enforcement proceedings had already been opened against the general director of the contractor by bailiffs, for a total amount of over 15 million rubles. for non-payment of taxes and other payments to the budget. It is better to know such facts in advance.

Check the financial condition and relationship with the tax authorities. Are accounting and tax reports submitted on time? Is the counterparty in the process of reorganization or liquidation? Do you have any outstanding taxes and fees? Does the counterparty have loans, lease obligations, overdue receivables or payables? All this information is now open and available on the websites of the Federal Tax Service, the State Statistics Committee, the Arbitration Court, and the FSSP. If necessary, you can conduct an additional check using paid resources, such as SKB-Kontur or SPARKS.

A distinctive feature of construction companies in Russia is "patching" the financial holes of past projects at the expense of advances received on new projects. The contractor can live like this for years, shifting resources from one basket to another, provided, of course, that he has sufficient income from new projects to cover the miscalculations and mistakes of the past. If there are not enough new orders, and past projects have been profitable, then the contractor is likely to go bankrupt, spending the advances received from you. Such situations are now occurring one after another, even with the most big companies(Mirax, NPO Mostovik, Kosmos, SU-155, etc.) that had access to direct bank financing, what about medium and small companies? Therefore, it is important to carefully analyze the current financial position of the counterparty, assess the profitability of its past projects and the sufficiency working capital to fulfill obligations to you. It is equally important to analyze on a monthly basis whether the contractor spends the money received from you only for the implementation of your project, whether he "plugs" financial holes in other projects at your expense.

Last, but one of the most important, is the willingness of the contractor to work and give due attention to your project. Winning a tender and building an object are not the same thing. It is important to evaluate the workload of the contractor and the share of your project in the portfolio of his orders. If this is a small contractor and your order will be more than half of his revenue or even all, then there is a high risk that the contractor simply cannot cope or will regard you as the only chance to make money, with all the sad consequences for you. If it will be a very large contractor whose share of your project will be less than 10% in his portfolio of orders, then waiting for him to give due attention, prompt response to your questions and comments, response to your demands to replace certain people on the project will be extremely hard. Even worse, if it is a major contractor whose portfolio of orders is empty, in this case only trouble can be expected. We consider it optimal to work with an average contractor, one for whom your project will be one of 3-4 priorities for him; then you will receive both professionalism and due attention to you and your money. On the one hand, the contractor will value you as a client, and on the other hand, he will have sufficient experience and resources to implement your project on time, observing the required level of quality.

In conclusion, we want to note that the choice of a contractor is always a search for the most suitable combination of factors such as price, quality, and timing. In construction, you can maximize the result only on two factors at the same time. It is possible to build quickly and efficiently, but only expensively, with cheap and fast construction, you will certainly lose quality.

Therefore, the cheapest contractor is not always the most the best choice: problems with it can have a much stronger impact on the implementation of the project than the initial cost savings.

Mistakes in choosing a contractor can lead to a project being implemented poorly, slowly, and expensively. To prevent this from happening, it is important for customers to learn how to effectively conduct tenders and select contractors. Equally important is the signing of such an agreement with a contractor who will protect your interests during the construction period like a shield in battle. This will be discussed in the final article from this series - "Stage 3. Contract, or the legal shield of the customer."

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In times of crisis, the heads of companies are faced with the question of not only retaining the accumulated customer bases, but also attracting new ones. Most The best way- participation in tenders and various electronic auctions and auctions. A step-by-step guide will help a beginner understand this issue. detailed instructions. Within the framework of the article, answers will also be given to such frequently asked questions as what is an EDS, how public procurement is carried out, and what documents need to be collected in order to participate in ongoing competitions and tenders.

What you need to know about tenders

Basics legal regulation tenders are enshrined in civil law, as well as Federal Law No. 44 of 04/05/2013 in cases where state and municipal authorities act as the customer.

Despite the fact that the term tender is not directly enshrined in legislation, it is successfully used in business circles. Tenders are understood as all possible types of tenders held for the purpose of purchasing various goods, providing certain types of services and works. The purchasing organization acts as the customer. Bidders include legal entities any organizational form, and individuals and individual entrepreneurs duly registered to participate in tenders.

For auctions held by government agencies, all requirements for participants are formulated in law. If commercial organizations act as a customer, then all requirements are formulated in the order itself.

All actions related to the holding of a tender and the fulfillment of the terms of the contract in the future are united by a single term - procurement. Regardless of the objects, which may be goods, works (for example, road repairs) or services (for example, holding children's matinees), it begins from the moment of conclusion and ends only with the fulfillment of all obligations under the contract.

Types of tenders and their differences

Depending on the category of the customer, all tenders held in Russia can be divided into 2 main types:

• state - the purchase of goods and services is carried out to meet state needs (the customer is state bodies), while its implementation is based solely on Federal Law 44;
• commercial - organizations that make purchases for their own needs act as the main customer. Such tenders are held according to the rules developed by the customer independently. At the same time, as practice shows, for the most part they are also carried out based on the principles and rules formulated in Federal Law 44 (although it is not mandatory for them).

Depending on the method of determining suppliers (performers), the legislator distinguishes:

1. The sole contractor, as a rule, with an existing monopoly (for example, transportation by rail).
2. Competitive - based on the choice of a supplier among 2 or more. This method includes:

• contests - the winner is selected among the performers according to the best offers and conditions;
• auction - the winner is selected based on the lower price offered for the contract;
• request for proposals;
• quote request.

Competitions can be closed or open, with limited participation or must consist of 2 stages, and auctions can be held both electronically (online) and in a closed way.

Each of the considered types of tenders has its own goals and rules. The choice of the method for determining the contractor depends on the will of the customer, the object and the amount of the purchase are also taken into account.

Advice. It is best to start bidding with quotations, as the supplier is determined based on the offered price. This method involves a minimum of costs and is quite easy to learn for beginners.

Instructions for participation in tenders for beginners

Any company that constantly participates in various tenders or auctions, as a rule, has a separate employee in its staff specializing in this direction. This is due to the fact that collecting a complete package of documents, preparing a quotation and directly searching for a suitable tender takes a significant part of the time. In addition, there are organizations whose activities are related only to the preparation of tender documentation for their clients.

An analysis of the legislation made it possible to determine the procedure and principles for participation in tenders and auctions both in cases with a state customer and with a customer represented by commercial organization. It will be more convenient for a beginner in this direction to use the following step-by-step instructions:

Participation in the auction implies not only knowledge of the legislation on tenders, but also the ability to protect one's interests. Since the decision of the customer in favor of a particular supplier is not final and can be appealed to the Federal Antimonopoly Service. If the complaint is upheld, the supplier who won on the basis of the results of the auction may be recognized as violating the antimonopoly law and, as a result, the participant who took second place is recognized as the winner.

Documents for participation in the auction and requirements for them

The collection and proper execution of documents not only allows the customer to study the offer of a potential counterparty and information about it, but also the supplier to increase the chances of concluding the desired contract. The selection of a supplier is carried out precisely on the basis of the submitted documents, so their correct filling is the key to a positive decision on the results of the tender.

The legislator for each of the methods for determining suppliers provides for the submission of a certain package of documents. Participation in open competition possible upon provision of the following documents by suppliers:

• containing information about the performer - this is a complete package of constituent documents, an extract from the Unified State Register of Legal Entities and Unified State Register of Legal Entities, respectively, received no later than 1 month and documents confirming the right of a particular employee to submit them;
• a commercial offer containing information about the object of procurement and the conditions offered by the potential supplier;
• confirmation of the quality of the supplied goods, as well as the services and works provided, confirmed by the relevant certificates and other documents (provided at the request of the customer);
• interim measures, which can be expressed in the transfer of a certain amount to the customer's account or the provision of a bank guarantee.

Attention! When applying, all documents must be numbered and bound, prerequisite is their certification by the signature and seal of an authorized person.

Participation in electronic auctions involves a slightly different procedure for submitting information and is due to the general rules for conducting online auctions. All documents are drawn up in electronic form, and contracts are subject to conclusion on specialized online platforms. The application itself consists of 2 parts (Article 66 of the Federal Law):

• contains the consent of the contractor for the supply of a specific product, the provision of a certain type of service and may contain a drawing or drawing;
• contains information about the contractor, the goods supplied or the services provided.

How to participate in the tender: video