Conducting a tender includes. Who conducts tenders at the state level

Participation in government procurement is becoming increasingly popular. Large companies, small and medium businesses, individual entrepreneurs, individuals become suppliers of government procurement. Government procurement involves the customer and suppliers. The customer is a federal and municipal institution that purchases goods, work or services for its needs using funds allocated from the state budget. You can become a supplier by winning a tender. A tender is an electronic procedure for selecting a supplier of goods (services) or a performer of work. Of the suppliers admitted to the selection procedure, the one who offers the lowest price wins.

Tenders came to Russian practice government procurement and municipal procurement from global trade, where clear rules and procedures have been developed. As competitive procedures, tenders are convenient for the state to control budget funds. They allow officials to report to the government why a particular supplier of goods or services was chosen. The tender system was conceived in order to exclude collusion between the customer and the supplier and to ensure a competitive environment - the basis of market relations.

What benefits does the supplier receive? The winning bidder purchases an order with a guaranteed amount of payment. Winning the tender means becoming a leader in your market segment and ensuring sustainable growth of the company. Participation and victory in the tender for manufacturers and suppliers is an impetus for further business development, because the company receives an impressive order for its products, which can amount to several million rubles.

Government procurement is carried out in accordance with Federal Law No. 44-FZ. State corporations, natural monopolies, business entities with state participation of more than 50%, as well as some other organizations, are required to make purchases in accordance with Federal Law No. 223-FZ. These purchases are also classified as government purchases, sometimes called corporate purchases.

All purchases in accordance with laws 44-FZ and 223-FZ are published in the open Unified Information System (EIS).

Instructions for the supplier

How to prepare

A package of documents for participation in government procurement is prepared within approximately 20 days. The period allotted for the submission of applications by participants is even less. To prepare, it is better to develop in advance an action plan for the company’s participation in procurement, establish the timing of their implementation and the circle of responsible persons. Studying the documentation of several procurements of interest published in the open Unified Information System (UIS) will help you understand the issue.

STEP 1. Studying 44-FZ

Let’s say right away that 44-FZ cannot be called an easy law to study, and yet it is necessary to make an effort and carefully study the procedure for selecting a supplier prescribed by 44-FZ - this is a kind of algorithm of what, in what time frame and how a participant in government procurement needs to do.

STEP 2. Choosing an electronic platform

It is necessary to select an electronic platform to participate in an electronic auction from 8 electronic trading platforms selected by the Russian government for conducting electronic auctions. To the six operators of electronic platforms operating today, the electronic platforms “TEK - Torg” and “Electronic trading platform GPB” will be added from October 1, 2018. The list of electronic platforms includes the following:

1. JSC "Agency for the State Order of the Republic of Tatarstan";
2. JSC "Unified electronic trading platform";
3. JSC "Russian Auction House";
4. JSC "TEK - Torg";
5. JSC "Electronic trading systems";
6. CJSC "Sberbank - Automated trading system";
7. LLC "RTS - tender"; LLC "Electronic trading platform GPB";
8. CJSC "Automated system of state bidding defense order» is a special platform for government orders.

STEP 3. Obtaining an electronic digital signature

An electronic digital signature allows you to assign a legal status to an electronic document that is equivalent to the legal status of a regular document that bears the signature of an authorized person and the seal of an organization.

The procedure for obtaining an electronic digital signature (EDS) is carried out in one of the Authorized Certification Centers included in the trust space of the selected site. It takes from 2 to 5 working days. The list of certification authorities can be found on the website of the selected electronic platform. You will need to receive a certificate at the certification center office, so the choice should be made in favor of a nearby certification center.

ES certificates obtained from Authorized Certification Centers are suitable for use on all Electronic trading platforms selected for the purpose of conducting electronic auctions for state and municipal needs, as well as on sites operating within the framework of Law No. 223 Federal Law on the procurement of state corporations and natural monopolies.

You can contact the call center of the Association of Electronic Trading Platforms to find the nearest digital signature issuance point.

To do this, you need to fill out a registration card or call the federal multi-channel phone number 8-800-2000-100.

STEP 4. Preparation of documents

The participant sends to the ETP operator the information specified in Part 2 of Art. 61 44-FZ, namely:

For individuals: statement, which is formed in in electronic format; 1-20 pages of the passport (only for individuals); E-mail address.

Individual entrepreneurs In addition to this, they provide: a copy of an extract from the Unified State Register (it must be received no earlier than 6 months before submitting the request); TIN; power of attorney to obtain registration and carry out actions if another person acts on behalf of the procurement participant.

For legal entity in addition to all previous points: copies of constituent documents (charter or agreement, depending on the legal form); copies of documents confirming the person’s authority (decision to appoint a manager to a position); decision on approval and execution of transactions indicating its maximum amount.

The required documents must be converted into electronic format (scanned). Sites set certain requirements for them: volume up to 12 megabytes; Acceptable formats are .doc, .docx, .pdf, .txt, .rtf, .zip, .rar, xls, xlsx, xps, jpeg, .jpg, .gif, .png.

STEP 5: Install the required software

The installation can be done either on your own or by specialists from a certification center.

To successfully complete the registration procedure, you must configure Personal Computer. The setup algorithm is simple:
1.Install Internet Explorer 11 or higher browser.
2.Download and run the Program to configure correct operation on the ETP.
3. Install any of the crypto providers: Crypto-Pro 3.6 or higher, LISSI 1.3.6, Signal-COM.
4.Install the electronic signature certificate that was issued to you by the certification center upon receipt of the digital signature.
5. Set up digital signature.

STEP 6. Accreditation to the ETP

The accreditation process for EDS is free if you have an EDS certificate obtained from an accredited certification center. If a supplier seriously intends to make money on government contracts, then it is advisable to be accredited on all ETPs. This is due to the fact that purchases are not duplicated. An auction can only be held on one site. To submit applications for participation in a procurement, you need to obtain access to the ETP where it is being carried out.

The period for reviewing an application for accreditation is no more than five working days. If the operator of the electronic platform makes a decision to refuse accreditation, the ordering participant, after eliminating these comments, has the right to re-submit an application for accreditation. Accreditation is granted for three years.

STEP 7. Search for tenders and submit an application

Purchases under No. 44-FZ are posted on our website. Using the “Advanced Search” service, you can find tenders of interest based on criteria such as delivery region, initial bid price range, customer name. It is important to carefully study the requirements of the procurement documentation and submit your application correctly.

STEP 8. Depositing collateral

Submitting security The Law on the contract system (Article 44 No. 44-FZ) obliges the customer to establish the amount of security for applications during auctions. These means confirm the seriousness of the intention to participate in the procedure and enter into a contract. The participant transfers them to his personal account, which he opens simultaneously with accreditation on the electronic trading platform(ETP).

The supply of applications has become less. And in purchases up to 1 million rubles. it may not exist at all. In more expensive procurements, the application support will be as follows:

From 0.5 to 1%, if the NMC is from 1 million to 20 million rubles,
. from 0.5 to 5%, if the NMC is from 20 million rubles,
. 2% if the NMC is from 20 million and there are preferences for the penal system and organizations of the disabled.

Thus, to participate in the auction you must have the required amount on the site. At the moment the offer is sent, the security amount is blocked. However, this does not mean that you can only participate in one procedure. The participant himself decides how much money is in his account. And only their total volume limits the number of auctions to which proposals can be submitted. The main thing is that there is enough money to provide for everyone. Please note that the amount is blocked but not spent. The opportunity to use blocked money is resumed when the proposal is withdrawn, admission to participate in the procurement is denied, or after summing up the results.

Only 173 banks can issue guarantees for government procurement. The Ministry of Finance website has published an updated list of banks that have the right to issue bank guarantees to secure applications and execution of contracts under 44-FZ.

STEP 9. Electronic bidding procedure

The duration of this stage can last from a few minutes to 48 hours. Each participant must foresee in advance the approximate cost of his services or goods, to which he is willing to bargain.

STEP 10. Signing the contract

The winner of the auction is the participant who submitted a proposal that meets the requirements of the tender documentation and offers Better conditions.

STEP 11. Acceptance of contract execution

Acceptance of contract execution under 44-FZ is carried out in accordance with the rules and deadlines specified in the contract (clause 13 of article 34 of 44-FZ). Now customers are required to involve external experts in the acceptance of goods or work under a contract concluded in accordance with clauses 25.1-25.3, part 1, art. 93 44-FZ. If you are the winner of such a purchase, be careful and comply with all the terms of the contract. The external commission may express its refusal to the little things that the customer may not pay attention to in order to quickly accept the desired product. Based on the results, an acceptance certificate is signed or a reasoned refusal is drawn up.

What tips will be useful for a beginner who wants to participate in tenders?

1. master the production of popular, socially significant goods;
2. begin preparing for participation in tenders by studying government procurement legislation;
3. improve your technical training to work in electronic trading;
4. prepare financial support for participation in government procurement;
5. carefully study the tender documentation of customer companies;
6. complete the necessary documents correctly.

Probably, almost everyone who runs their own business has heard about electronic trading platforms (ETP). Nowadays (ETP) are one of the effective means of developing their business both for individuals who are customers of certain goods and services, and for suppliers who can supply the requested products or provide the necessary services.

Some entrepreneurs have already mastered the functionality of electronic platforms and are actively working on them, finding new clients for their business. Others, on the contrary, are hearing for the first time about the opportunity to find a customer through participation in competitions on the ETP.

How to get to one of the existing ETPs? How to participate in tenders? Today we will start a new block of articles in the section dedicated to participation in competitions on ETP, in which we will try to provide answers to the main questions.

What is a tender

Those of you who have at least once encountered the topic of working on an electronic trading platform have heard words such as “tender”, “competition”, “auction”. Here you should immediately understand the terms. So, let's start with the concept of “auction”. An auction is an open competition between several bidders. Remember, ordinary auctions for the sale of some valuables. What does it look like? Any participant can name the price, information about the price is available to all other competitors, each of them can offer a more favorable price. Auctions on the ETP are held similarly, with bidding going either down or up. The logic of action is simple:

• if an auction is announced to fulfill a request, then it is more profitable for the customer to accept the smallest offer - this is a reduction auction;
• If an auction is held to sell the property of a bankrupt, then it is more profitable for the seller to sell it at a higher price - this is an auction for an increase.

Thus, the determining factor when summing up the results of the auction is the price.

With a tender, the situation is completely different, since a tender is a competitive selection of the best offer based on the best possible conditions for fulfilling the customer’s request, which consists in the supply of any goods or provision of services. The word “tender” in this situation is synonymous with the word “competition”.

How the tender is conducted

1. The customer forms his request, stipulates its main characteristics and requirements for the contractor;
2. After drawing up the necessary documentation, the customer announces a competition to fulfill his request;
3. Persons wishing to act as executors of the request and sign an agreement with the customer prepare and submit their applications;
4. The customer reviews all received applications and selects the winner;
5. Based on the results of the tender, an agreement is signed between the customer and the winning participant.

There are two main differences between a tender and an auction:

• The participant’s proposal is evaluated not only by cost, but by other criteria that are important for the customer - the proposal with the lowest cost may not win the tender, although price still remains the main factor in choosing the winner;
• The proposal of a particular participant is not available to other participants, they do not know about the contents of each other’s bids - the customer, when opening the received envelopes, can announce the prices of the participants in order to negotiate, if this is provided for in the tender documentation.

Thus, the combination of all delivery conditions, which is expressed in maximum benefit for the customer, is of decisive importance when summing up the results of the competition.

A little about the regulatory framework and the Zakupki.gov portal

So, competitions can be held by both government agencies and commercial enterprises. Here you should familiarize yourself a little with the existing regulatory framework.

Those who have thought about participating in competitions have probably heard about government procurement. The scope of public procurement is regulated by Federal Law No. 44-FZ dated 04/05/2013 “On the contract system in the field of procurement of goods, works, and services to meet government needs.” The customer in this case is organizations related to either state or municipal customers, plus budgetary institutions that make purchases using subsidies received from the budgets of the Russian Federation at various levels. Simply put, if you are going to participate in government procurement, then your customer will always be the state - in one form or another. The result of participation in competitions related to government procurement will be the signing of a government contract (municipal contract). This should be well understood, and even better, familiarize yourself with the law in detail, since after concluding a government contract, the winner bears certain obligations.

In addition to this law, there is another important regulatory act - Federal Law No. 223-FZ of July 18, 2011 “On the procurement of goods, works, services certain types legal entities". This law regulates requests for proposals from such customers as: state corporations and companies with a state share, natural monopolies and other entities in accordance with clause 2 of Art. 1 document. Based on the results of competitions held under this law, the customer and the winning participant enter into a contract (agreement).

It turns out that if you intend to participate in government procurement or procurement announced by companies that are associated with the state, then your actions will be considered in the light of these two regulations. Customers belonging to the above groups are required to make purchases for their needs in accordance with these regulations. Organizations operating under 223-FZ can additionally develop their own procurement regulations - internal regulations that take into account the characteristics of the organization. Information about competitions in mandatory must be published on official Portal procurement zakupki.gov.ru.

The procurement portal zakupki.gov.ru is the official website of the Russian Federation, containing all information about competitions held in accordance with the two previously listed Federal Laws. Here you can find: the regulatory framework, registers of procurement plans, lists of goods (works, services) that are purchased from representatives of small and medium enterprises, a register of state / municipal contracts, a register of contracts signed based on the results of procurement, reporting on them, as well as other information that can be of interest to government procurement participants. A register of unscrupulous suppliers is also published here, which includes those who, after concluding a contract, were unable to fulfill their obligations. If necessary, any customer or other counterparty can check the presence of your company in this register using the search function.

Information published on the Procurement Portal is available to everyone. The main function of the site is the ability for business representatives to find announced competitions that interest them, and also to receive competition documentation.

Commercial tenders

Commercial companies that are not associated with the state also announce tenders for the purchase of goods, works, and services to meet their needs. Such competitions are regulated by the Civil Code of the Russian Federation and the internal procurement regulations of a particular company. Why is all this being done? If government agencies and organizations associated with the state are required to carry out their purchases in the form of competitions, then commercial companies, in principle, can buy goods for their needs from whomever they want. But this approach contradicts the principles of business, because the most advantageous offer should be accepted.

If the company independently searches for a suitable contractor, this may take a lot of time. The best option in such cases would be to announce a competition, place it in the public domain and collect applications from participants wishing to receive a particular contract. It turns out that this method of searching for a contractor is beneficial for both parties: the customer receives the most advantageous offer for himself, and the contractor finds a consumer for his services.

To participate or not to participate

Does it make sense to participate in such procurements? In the comments to the article, someone will probably write that competitions are won by those who should win them, that purchases are announced for a specific supplier, who will definitely be the winner. Yes, we will not deny, such phenomena do occur. Yes, regulatory regulation of the procurement system is aimed at creating maximum transparency in these procedures and eliminating the corruption component, but in Russian reality this does not always work. But, despite such moments, participation in procurement is one of the means of developing your business.

Participation in government procurement and commercial tenders is an opportunity to express yourself, find new customers and reach new markets, it is an opportunity to conclude a profitable contract and make a profit. The goal of any entrepreneur is to make money, and participation in competitions provides this opportunity. Now, to participate in a competition on the ETP, all you need is a computer, Internet access, certain workplace settings and an electronic digital signature.

As in others service businesses, the final effectiveness of working with an advertising agency for a client is determined not so much by the absolute cost of services, but by the agency’s ability to qualitatively solve the task assigned to it. It should be borne in mind that the cost of services from agencies with comparable quality of work is approximately the same. Therefore, it is better that tenders for advertising services are held not in order to find the “cheapest” offer, but to select an agency capable of solving the business problem facing the customer with the highest quality possible. Miscalculations in product positioning, creative strategy, and media planning can cause incomparably greater damage to a company than the amount saved by receiving additional discounts and cutting agent commissions. The following criteria for selecting advertising agencies must be taken into account:

• Agency professionalism (confirmed by professional merits and awards).
• Understanding the client's business.
• Knowledge of the relevant market segment and consumers.
• Creative potential of the agency.
• Quality of service.
• “History of achievements” of the agency in the Russian market.

Due to the mutual interest of the advertiser and the advertising agency, it is necessary to define clear and fair rules for the tender. This document was developed based on an analysis of similar recommendations in force in the most developed Western advertising markets, as well as the experience of the largest Russian advertising agencies and advertisers. Following the principles set out below will undoubtedly lead to streamlined and more efficient relationships between advertisers and advertising agencies.

Stages of agency selection

The tender can be carried out in 2 stages: creating a shortlist and selecting an agency based on proposals and in one stage when a shortlist already exists (a list of agencies with whom the advertiser already had business relations)

1. Pre-selection

Participation in a particular tender is, for any advertising agency, primarily a business decision based on an analysis of costs, risks and possible profits. Therefore, in order to avoid possible misunderstandings, it is extremely important that all potential tender participants receive the same reasonable amount of information on the procedure and conditions of its conduct at an early stage.

At the preliminary stage of selecting agencies, it is advisable for an advertiser to:

1. determine what type of service he needs:

3. by type of services provided by the agency: services for strategic planning and communication development; branding services; services for the development of advertising materials (creative services); services for planning and placing advertising in the media; services for conducting BTL promotions and event marketing; full cycle of services, including development and placement advertising campaign etc.;

4. by degree of specialization: specialized agencies or full-cycle agencies;

5. determine the required number of agencies that meet the specified criteria;

6. collect information about selected agencies

7. send out an invitation to selected agencies to conduct an agency presentation (Credentials Presentation). Domestic and international experience shows that it makes sense to invite 5-7 agencies to the presentation.

A common practice is to create one form or another of a tender committee (commission). The composition of its participants must include all persons actually involved in making the decision on choosing an advertising agency and should not include other representatives of the Customer. Compliance with this condition guarantees an objective selection of the best offer that meets the goals and objectives of the planned advertising campaign. It must be borne in mind that for certain highly specialized areas (BTL, for example), a tender committee may not be created.

Even before the tender is announced, all committee members must be familiar with the full package of documents offered to potential participants, including the tender assignment, and express their agreement with it. Otherwise, it is possible that some committee members will have a special opinion about the objectives of the advertising company, as a result of which the work of the tender participants will obviously not meet expectations.

Members of the tender committee must also agree to the procedure and criteria for selecting winners, which are the same for all tender participants.

2. First stage of the tender. Agency presentations.

Agency presentation- This The best way obtain information about the agency from the original source, understand the agency’s philosophy and get to know its managers (having mutual understanding and personal contact with agency employees is extremely important for subsequent collaboration!). Preparing such a presentation may take the agency from 5 to 10 days.

Based on the results of meetings with agencies and analysis of the collected information, it is advisable to select 2-3 agencies that proceed to the second stage of the tender.

Full internal transparency is required for all participants in the process:

• the main planned terms of the contract, including the term, territory of coverage, scope of work and other conditions that may affect the formation of the price offer;
• all participants in the first stage must be informed of the selection criteria;
• all participants in the first stage must be informed of the selection results;
• agencies that have passed the second stage should be sent a list of participants in the second stage and its task, as well as the deadline and form for submitting proposals;
• in the event of a change in the composition of participants or the appearance of additional competitors, it is mandatory to notify all participants;
• It is very important to define and publicize the principles and methods of remuneration for participants and winners of the tender.

It is possible to make the second stage of the tender paid and announce this at the stage of inviting agencies to the tender. During the tender, participating agencies incur quite large resource costs and direct financial costs. This is especially true for the second stage of the tender, which involves the preparation of the main presentation and associated associated costs. A company that is willing to cover a small portion of the costs of agencies participating in the second stage demonstrates the seriousness of its approaches to choosing a partner, encourages agencies to prepare even better and more creative tender proposals, and also contributes to improving the overall climate of the advertising industry as a whole. The recommended amount of compensation is 100,000 - 200,000 rubles. The amount of compensation must be equal for all agencies participating in the tender.

3. Second stage of the tender

At the second stage of the tender, agencies are required to provide a detailed proposal to solve the client’s marketing problems.

To successfully conduct the second stage of the tender, the following points must be taken into account:

• the quality of preparation of proposals directly depends on the quality of the task statement (drawing up a task for a tender (Brief), which must be signed by an authorized person participating in the decision-making process on the ongoing tender.);
• all agencies must be placed under the same conditions (deadlines for receiving assignments, initial data, deadlines for submitting work, etc.) Otherwise, the tender is considered not to comply with ACAR rules;
• Depending on the task set in the brief, the deadline may vary. If strategy and creative development is required, the preparation time may take 3-6 weeks. If this is a proposal regarding the mechanics of the event, then the preparation time can be reduced to 7 working days. Advertisers are advised to adhere to these particular deadlines when planning the second stage of the tender, since shorter deadlines can significantly reduce the quality of developments proposed by agencies;
• The main task of the tender is to select Best offer, maximally consistent with the goals announced at the initial stage. The agency that submitted this proposal is the winner of the tender. In order to quickly and accurately determine the potential of participating agencies at the initial stage, to minimize the costs of creating and considering irrelevant proposals from both the agency and the advertiser, it is necessary to pay great attention to the preparation of the Tender Assignment. The more accurate, specific and complete the Tender Assignment, the higher quality, thoughtful and relevant proposals you can count on. The tender assignment should be written in such a way that agencies can fully exploit their capabilities. To do this, it makes sense to put up for tender one or two of the most important tasks for a given period. Also, at the stage of developing the Task, attention should be paid to the hierarchy of tasks facing the company’s marketing department, and the development of strategic components of the upcoming campaign should be included in the Task.

The Association of Communication Agencies of Russia reserves the right, in the interests of all participants in the advertising community, to inform ACAR members about cases of dishonest behavior by the client, both during and after the tender.

In relation to tenders for the development of creative concepts and advertising materials on a project basis, the following must be considered:

• the parties must approve the budget and deadlines for the project;
• it is necessary to provide for compensation by the advertiser for the costs of the advertising agency;
• The amount of compensation, the same for all participating agencies, is set in advance.

Upon receipt of the conditions for the second stage of the tender, agencies must confirm in writing their consent to participate in it and sign a bilateral agreement with the client on the observance of confidentiality and copyright (see clause 4).

Before making a presentation, the agency and the advertiser should agree with each other on the maximum time allotted for the presentation, as well as the composition of the presentation participants on both sides. It is extremely important to participate in the presentation of senior managers of the advertising company, who make the final decisions in matters of marketing and advertising.

4. Announcement of results

All agencies participating in the second stage of the tender must be informed in writing of the results within 7-10 working days after the last presentation.

The result of the tender may be: identification of a winner, absence of a winner, continuation of the tender under additionally defined conditions.

The losing agencies are obliged, in accordance with the agreement, to return the materials provided to the advertiser, and the advertiser is obliged to return the presentation materials to the agencies. In order to establish an atmosphere of mutual trust in the market, as well as maintain good relations between all tender participants in the future, the advertiser is recommended to indicate in the letter the company(s) that won the tender, as well as the reasons why preference was given to another agency.

Requirements for drawing up a tender brief (Brief)

Based on the traditions of business document flow, agencies, when working with a client, use a number of standard documents. An important type of agency documentation is the Brief, which is used to set a task for the agency as a whole or its divisions (Media Brief - Task for developing a media strategy or media campaign, Creative Brief - Task for developing a creative strategy and advertising materials, etc. ). It is advisable to present the task to the agency in a format familiar to marketing and advertising, which, in addition to the integrity of the information, helps save time on the part of the advertiser’s staff. The use of more or less standardized forms removes a number of questions regarding what should be included in the task and what should not be included.

The Appendix section provides task forms for several of the most common cases (Creative Brief - Brief for the development of advertising materials, Media Brief - Brief for the development of a media plan, BTL brief - Brief for the development of BTL communications).

Mandatory integral part of any task is, in addition to the initial information necessary for developing a proposal, the presence of clearly defined criteria (qualitative or quantitative) for assessing the implementation of the tender task. In the absence or impossibility of using a point system for evaluating a proposal, it is necessary to clearly identify several quality parameters(clarity, relevance to the selected audience, originality, novelty), which will subsequently be used to evaluate the presentations of the participating agencies.

Completed forms should be sent to participating agencies, who should be given the opportunity to ask questions if any. The person responsible for conducting the tender on the client's part must ensure that responses are received from the relevant client services (marketing, sales, etc.) if the issue is beyond the competence of the person in charge.

Compliance with copyright and confidentiality during tenders

In order for all tender participants, as well as the Customer, to have a common understanding of the procedure and key conditions of the tender, it is recommended to conclude special contracts for participation in the tender, regulating such issues as timing, scope of the task, remuneration, potential terms of the contract based on the results of the tender, copyright rights, etc.

Recommendations and ideas used by the agency in preparing the presentation are its property and are protected by copyright. The advertiser has no right to use the ideas and developments of agencies that lost the tender in their further work.

On the other hand, an agency to which the fundamental elements of an advertiser's technical, marketing and commercial strategies have been communicated should treat them as strictly confidential and not use them for other projects or clients, even if the agency is not selected by the advertiser.

In order to simplify the procedure for the exchange of confidential information, before the second stage of the tender, a bilateral confidentiality agreement can be concluded between the agency and the advertiser, establishing the main provisions and rights for the Agency to use information on the fundamental elements of the advertiser’s technical, marketing and commercial strategies during the preparation of the proposal. The same document may contain provisions regulating and securing the advertiser’s further non-use of the agency’s ideas and developments in the event of its loss in the tender.

The Association of Communication Agencies of Russia recommends providing complete and accurate legal support for all tender processes, because this allows you to avoid controversial situations, both during the process and at the end of the tender. The optimal form for this is a full tender agreement, which is a legal document binding on both parties.

Duration of the contract, frequency of tenders

It is advisable to conclude a contract after summing up the results of the tender for a long period, the recommended period is at least 2-3 years. This will enable the client to truly integrate the agency with their marketing structure, and, therefore, achieve effective collaboration. Holding tenders too frequently leads to the fact that the client and the agency “live” for short-term goals and lose a strategic understanding of business problems and solutions.

Tenders are a popular form of selling goods and services in various sectors of the economy.

Construction, cargo transportation, Agriculture, repairs, landscaping, supplies of various types of equipment - this is not a complete list of all areas in which tenders are organized.

Becoming a bidder, especially for beginners, is not easy. This requires a detailed study of the issue, including from a legislative point of view, as well as the accumulation of relevant experience. It is known that ¼ of all tenders placed are intended for small and medium-sized businesses.

Conducting tenders is a worldwide practice; there are clear, approved and time-tested rules and tender procedures. In Russia, independent auctions began to be held in the 90s of the twentieth century after the establishment of market relations in the country. Since then, tenders have become very popular in domestic economic conditions, and many business representatives are trying to take part in them and win.

The concept and legislative basis of this issue

The meaning of the tender is that the customer, during the bidding process on a competitive basis, selects one of the proposals for the purchase of goods or services under certain conditions and within a specified time frame. Essentially, the tender is reverse auction when there is one buyer of a product, service or work and several sellers.

The conduct of tenders, as well as the mandatory actions of their participants, are regulated Federal Law No. 44-FZ“On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Information about ongoing purchases is posted on the Internet.

According to legal regulations, the customer announces corresponding competition, compares the proposals received and then selects the most suitable one, concluding an agreement with the winning participant, etc. The customer is the state that purchases products for enterprises different forms property. The winner of the auction is the company that offers the most favorable conditions for the customer.

Types of tenders

Depending from the composition of participants , distinguish state/municipal and commercial tenders.

State auctions are regulated by the norms of Federal Law 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs.”

It is well known that the state is a participant in market relations, since in order to perform management functions it needs goods, works and services. The participant who offers the necessary goods, works or services on the most acceptable terms can win the auction. However, the main feature of government procurement is its implementation with the help of budget funds, which requires special, increased control.

Conducting tenders allows interaction between suppliers and officials responsible for budget resources, as transparent as possible. Based on the results of such tenders, a report is made to the state on the selection of a particular supplier of goods or services. The tender system ideally provides a favorable competitive environment, excluding collusion between the customer and the supplier.

In case of commercial tenders customers themselves determine the regulations and conditions for their implementation, and hold tenders for their own or borrowed funds. They may publish an official notice of the tender along with its terms in the media, or disseminate information about the tender open competition among suppliers targeted.

Based on from the features of the trades, they may be open or closed.

Information about open tenders is freely published on the Internet and in the media, applications for participation in them can be submitted by anyone (individuals and legal entities). This type of bidding is popular in the field of government procurement, while ordinary companies rarely use it. This is enough effective method, since it creates a competitive environment, participants can freely familiarize themselves with the terms of the auction.

In case of sealed auction, announcements about them are not publicly available, and invitations are sent only in advance certain companies, which, for example, are related to state secrets. The circle of performers for a closed tender is always limited, and most often, these are more expensive tenders than open tenders. The list of participants in the closed auction is not disclosed.

Depending from typology , tenders can be held in the form of auctions and competitions.

Feature competition is the selection of the winner who offered the best conditions based on a set of criteria (price, quality of goods or services, consumer properties, qualifications of the participant, deadlines, guarantee).

Auction, conducted via the Internet, is the main way of distributing government orders today. To determine the winner, the only criterion here is price. The winner is the one who offers the lowest order price based on the base price set by the customer.

Procedure for consideration of applications determines according to tenders one-stage or two-stage their types.

If we are talking about one-stage tenders, the customer clearly states their conditions in advance, then reviews the received applications and identifies the winner. Basically, this type of tender is held for low-cost purchases in small volumes.

When conducting two-stage or multi-stage tender requirements are set out by the customer only in general outline(for example, without specifying the price). After submitting specific projects, the customer's wishes are adjusted, set in final form, and an auction is announced. Thus, from the projects that passed the first stage, the winner is selected at the second stage. As a rule, this applies to specific goods and services, for example, in the research field.

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Participants and their powers

Tenders have two participating parties: the customer and the contractor.

Performers There is always more order, which provides the customer with wide freedom of choice. A bidder is understood to be a link in the procurement process represented by a legal entity or individual (including an individual entrepreneur).

Customer can carry out the entire bidding procedure himself, or entrust these powers to his official representative. According to Article 5 of the Third Law on the Contract System, one of the executive authorities or a government agency acting on behalf of the Russian Federation can act as a state customer.

General rules

Article 8 of Federal Law 94-FZ determines that a participant in placing an order can be any legal or natural person, Russian or foreign, registered in the manner prescribed by law. Participation in the auction is carried out for free.

The announcement of the competition is posted in various sources: on the official websites of companies and institutions, in newsletters, and in the media. The documents contain information about the upcoming event, its conditions and rules for participation in the auction.

All tender documentation can be divided into technical and commercial. The customer must set clear technical requirements for the supplier in advance. According to the law, the customer can also demand from the supplier a guarantee of its economic solvency (financial support for the contract, advance payment and phased acceptance). The supplier usually provides a cash deposit, guarantee or . In case of failure to fulfill the terms of the contract, the supplier’s company may be included in the register of unscrupulous suppliers, and will also be obliged to compensate the customer for damages.

Step-by-step description of the procedure

Collection of necessary documents

Initial stage Participation in bidding is the competent execution of documents and their collection. The list of required documentation is approved by the customer. Documents are provided in person or by mail to the address specified in the procurement notice, as well as by e-mail(if the customer allows this possibility).

The concept of electronic trading, its types and advantages

Electronic competitions, which are held through platforms on the Internet, are becoming increasingly popular nowadays. They are the ones that best satisfy the basic principles of independent trading: openness and competitiveness.

Main advantage electronic trading is that the entire participation process takes place on an electronic trading platform and does not depend on the customer, which eliminates the possibility of collusion, bribery and other various frauds. This circumstance contributes to the creation of a healthy competitive environment. Also an absolute advantage is the opportunity for suppliers from remote regions of the country to participate in such events.

The most popular form of conducting them is auctions, which are currently held on five electronic platforms proposed by the Russian government. The winner of the auction is the participant who offers the minimum price for his services.

Procedure for conducting electronic tenders

Initially, a collection is carried out necessary documents for participation in tenders in the form of a standard package of application, constituent, permitting, accounting and tax documentation.

Next, the participant should receive a unique digital signature, which allows him to assign the document legal force. To obtain it you need a passport and a certificate from the Pension Fund. It is issued to one of the company’s employees, who will be a representative person at the auction. The signature (along with the certificate) is provided within 5 working days at one of the nearest certification centers of the selected electronic platform, and has legal force for 1 year.

To participate in the tender, you must select the appropriate platform on the Internet. Currently officially approved five electronic platforms for organizing and conducting government auctions:

1. Roseltorg – roseltorg.ru;
2. RTS tender;
3. Sberbank-AST;
4. OSET.

At these sites, you need to go through a simple registration procedure and prepare the appropriate software to participate in the electronic tender.

Then the required step is participant accreditation electronic trading on a specific electronic platform (ETP). Documents required for this procedure: extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs, constituent documents, confirming the authority of the manager, company details, as well as the decision to approve a major transaction. The procedure is carried out at a certification center within 5 days, accreditation is valid for 3 years, after which it can be obtained again.

The applicant must also be open to ensuring the financial component of participation in the competition. At the time of trading account is blocked.

After meeting all the necessary requirements, you can submit an application to participate in electronic trading. After reviewing all applications, the client is admitted to the official bidding procedure and begins to submit price proposals. The auction step does not exceed 5% of the original price of the lot, and the time frame for submitting an offer is 10 minutes. The duration of electronic trading itself, as a rule, ranges from several minutes to 48 hours.

After the auction is completed, the winner is determined, which is noted in the final protocol of the event. The customer and the selected supplier of goods or services sign the contact, but before this the contractor must provide bank guarantees in the amount of 30% of the cost of the lot with confirmation by an electronic signature.

Nuances of trading on the RTS

It was created in the 90s of the 20th century and during its existence has earned the trust of millions of traders. The main subject of trading here are securities of about 500 largest companies Russia. The RTS Index is one of the most important indicators of the state of the securities market; it is used to calculate the price of shares of many Russian companies.

You can participate in trading on the RTS as a legal entity (with a license) or as an individual, but in the second case you will need the representation of a broker. The main task of a beginner on this exchange is to develop a successful strategy for obtaining stable profits.

Futures are the most flexible financial instrument for a trader. The main factors that must be taken into account when trading on the RTS are: the reliability of the broker, interest in certain types of assets, the volume and liquidity of futures, as well as the ability to diversify risks.

Features of tenders in various industries

Some of the most popular sectors of the economy for holding tenders in Russia are construction and cargo transportation.

Construction is a dynamically developing industry in our country, so the number of trades in this area currently reaches 25%. Accordingly, the number of suppliers wishing to win a profitable order is quite large, and participants have to withstand fierce competition. Information about construction competitions can be found on the websites of state, municipal or private enterprises, on thematic websites, and in print media.

Bidding by cargo transportation in Russia it is also one of the most competitive and sought-after government procurement topics. There are two types of tenders in this area - a competition and an auction in regular or electronic form. The most popular are road freight transportation. The main criterion for choosing from available offers is usually the low price of services and their high quality. You can find information about cargo transportation tenders on specialized websites using hosted databases. Here it is important to identify fraudulent companies in a timely manner, a certain number of which exist in this area.

Advantages of participating in tenders

There are a number of reasons why participation in tenders can be beneficial for performers:

1. In case of victory, the supplier receives an order with guaranteed payment and the opportunity to become a regular customer;
2. The winner of the tender automatically acquires a reputation as a reliable partner;
3. The supplier that receives the order can become a leader in its market segment, and thereby ensure the sustainable growth of its company;
4. Not only a victory, but even participation in tenders for suppliers and manufacturers can serve as a significant impetus for further business development.

How to win your first tender is described in the following webinar:

Why are commercial tenders held?

IN Lately participation in tenders is becoming a common practice. The factors determining the need for a commercial tender by the customer company include a combination of the following conditions: a clear understanding of its need for certain goods, works or services, the availability of technical specifications, a budget for the project, the difficulty of choosing between several supplier companies.

There are other reasons too. In the field of corporate and public policy procurement there is a requirement to conduct competitive procedures when placing an order. In many organizations, it is customary to make a decision on choosing a company - supplier of goods, works or services on the basis of bidding, which takes place through the announcement of an open or closed competition. Bidding in the business community is usually called a tender. The term “tender” came to the Russian economy from the world economy, where tender activity is the main mechanism for implementing the public-private partnership system. Tenders on the Russian market are held by both the corporate and public sectors. Today, the requirement to conduct bidding is imposed in Russia on all orders announced by state and municipal organizations, the cost of which exceeds 100 thousand rubles per quarter.

Tenders help you find optimal solutions for business development. The contract will be concluded with the enterprise that made the most favorable offer to the tender organizer. It is not easy for a supplier to win a tender: you need to become a supplier of a product that is in demand on the market, have a good team of specialists, understand the legislation and the intricacies of competitive procedures.

Supplier companies, thanks to the tender, create a competitive environment around themselves and have the opportunity to receive an order for their products at the best price.

Commercial tenders are regulated by the norms of the Civil Code of the Russian Federation and regulations established by the customer companies themselves.

Article 448 of the Civil Code of the Russian Federation determines that trading is carried out through open and closed auctions and competitions. Any person can participate in an open auction and an open competition; in a closed competition, only persons specially invited for this purpose participate. The organizer is obliged to notify the public about the auction at least 30 days before it takes place.

The fourth chapter of Chapter 135-FZ “On the Protection of Competition” provides for antimonopoly requirements for trading and specifics for the selection of financial organizations.

Systematization and unification of private tender procedures was carried out by RAO UES of Russia. The company applied to conduct commercial tenders the basic principles and standards provided for government tenders and prescribed in 94-FZ. The set of competitive procedures has been expanded: open competition, open competition with pre-selection, closed competition, two-stage competition, multi-stage competition, competitions (open, closed) with rebidding, price competition, request for prices, request for proposals, competitive negotiations, procurement from a single source.

Most commercial auctions follow the same principles as government auctions. The difference is that the activity government organizations when conducting tenders, it is strictly regulated by law, and commercial organizations conduct tenders in a more free form. They are guided by internal documents adopted by the companies themselves.

Commercial organizations do not have such a unified and universal law for conducting tenders as 94-FZ for public procurement. The reason is that each business area has many differences and its own specifics.

For commercial enterprises, procurement efficiency and optimal tendering procedures are important.

Many customer companies have electronic platforms for conducting tenders; the main procurement activities are carried out on them. Thus, RAO UES has created a single Internet resource for electric power companies (www.b2benergo.ru). Commercial tenders are held on such platforms as B2B-NPK, B2B-Avia, B2B-SNG, B2B-Cold, B2B-Sport, B2B-Metallurg, B2B-Agro, B2B-Housing and Communal Services, B2B-Auto, B2B-Telecom, B2B- Insurance and others. All these portals have unified databases (that is, companies registered on one site can take part in auctions on others), similar regulations, and a uniform interface. Each industry has portals that consolidate information about tenders; there are also inter-industry portals such as “Trade.Su” (alltenders.ru; i-tenders.ru). The main difference between b2b and information-consolidating platforms is that the latter do not host the auctions themselves and do not have procedures. Information is posted there, in particular, notices and links to the customer’s website, where, as a rule, tender documentation is posted.

The choice of place to participate in the auction depends on the financial and organizational conditions that different sites offer. Some sites charge a subscription fee, others charge a percentage of the transaction, others charge a one-time fee, and others provide free participation for either suppliers or customers.

What kind of tenders are there?

The first type of tender is the “price tender”. The customer knows exactly what goods, works or services and in what volume he will need to complete the task. And suppliers of goods or performers of work or services put forward their proposals for the supply of goods, for specific types of work, terms, warranty period, additional services - and most importantly, price.

The second type of tender is the “open solutions” tender. Such a tender is organized when the company’s specialists do not have a clear idea of ​​what goods, types of work and services they will need to achieve the desired result. A tender for “open solutions” can also be announced if the desired result can be achieved different ways. In the description of the tender conditions (brief), the company indicates the problem that it needs to solve or the result that it would like to achieve. Participating companies offer their vision of solving the problem.

Such a tender, of course, implies a much greater range in prices and proposed solutions, but in return the customer company gets a unique chance to consider the creative developments of various companies.

In the event that you have to take complex solutions, apply a two-stage tender model. At the first stage, the customer company selects a solution concept, and at the second - a price proposal.

Open or closed tender?

The advantages of an open competition are its publicity, which is important when carrying out large and complex procurements and selecting contractors for the implementation of large-scale projects. In this case, suppliers have more responsibility; they are more careful in preparing and submitting proposals. For suppliers, difficulties arise from the fact that the competitive procedure is clearly regulated both in terms of timing and consequences. For the customer, it is difficult to waste time resources, there is an element of unpredictability associated with the risk of the arrival of unverified companies.

Closed competition is the best procedure for purchasing in small quantities. Despite the narrowing of competition, the process of processing and evaluating applications becomes easier, and proven companies are specifically invited.

Rules for preparing for participation in the tender.

Like any business process, a tender has its own rules for preparation and conduct. The customer company describes in the tender documentation the criteria and timing for selecting participants and the winner of the tender.

Let's consider the work plan to prepare for participation in the tender.

Stage 1. Studying tender documentation and making a decision on participation in the tender.

To prepare a proposal to participate in a commercial tender, you need to familiarize yourself with the tender documentation of the company that is conducting the tender.

The customer sends a brief (invitation to participate) to potential tender participants for consideration.

The standard brief assumes the following composition:

1.description of the customer company

2.statement of the problem and description of the desired result

3.requirements for tender participants

4. Description of the application form

5.criteria for evaluating applicants

6. terms of the tender.

Let's look at the contents of the brief.

Description of the customer company.

To prepare a proposal to participate in a commercial tender, you need to get acquainted with the history of the company that is holding the tender. It is necessary to pay attention to the size of the company, the sector of the economy in which it operates, the type of business and its specific features. Booklets and brochures, Internet resources about the company, and the content of the company’s website will allow you to get an idea about the customer. Information about the company will make it possible to correctly prepare tender documentation.

Statement of the problem and description of the desired result.

This section of the brief shows what problem the client needs to solve. The tender documentation contains technical and commercial parts. The technical part provides a description and general information about the bidding object, instructions for suppliers, information cards indicating the procedure for preparing and submitting competitive bids and other required information. The commercial part indicates the price, conditions, payment schedules, and sources of financing for the contract.

Requirements for tender participants.

Among the requirements may be the requirement for experience in carrying out similar projects, reviews from previous clients, and the availability of information about the period of work in the market of the supplier company.

Description of the application form

In this section, the customer company stipulates those sections that should appear in the application (proposal) from the company participating in the tender.

Criteria for evaluation

Evaluation criteria include parameters such as price, project time, and absence of co-executors.

Duration of the tender

Usually they indicate the deadline for announcing the tender, the start and end dates for accepting applications, and the approximate period for consideration of applications.

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, then the number of participants in the first stage can be from 5 to 9, and two or three participants who have prepared the most interesting proposals enter the second stage.

Stage 2. Clarification of positions.

At this stage, companies that have submitted initial applications for participation in the tender can contact the customer for additional information to clarify the customer’s vision of the problem and ways to solve it.

Stage 3. Preparing an application.

Quite often it happens that a company is not allowed to participate in a tender even at the stage of checking tender proposals if the application it submitted was incorrectly drawn up. Tender documents must be prepared in a professional manner.

Stage 4. Presentation of proposals.

The company ordering the tender invites the finalists of the competition to a meeting, who have the opportunity to convince that their proposal is the best. In order to win the tender, the supplier needs to present the material favorably and interest the customer. A professionally prepared presentation must be accessible and visual, must contain graphical information and comparison with the work of other companies. It would be useful to attach a list of major customers and clients of the supplier company and their reviews.

Stage 5. Final selection.

Responsible managers of the customer company collectively make a decision on choosing a particular supplier. During the discussion, the opinions of internal customers are clarified, a rating table is created, where the final score of each tender participant is determined using the weighted average coefficient method.

Stage 6. Announcement of the winners.

At a general meeting or through the media during an open tender or in person if the tender was closed, tender participants are notified of the completion of competitive procedures and the selection of a winner.

There is an opinion that to win a tender, you need connections. Of course, there are costs in any business process, and yet there are three determining criteria for winning a commercial tender - the contract price, quality and qualifications.