5 MAIN MYTHS ABOUT TENDERS. What you need to know when starting to work on tenders.
During the crisis, companies began to participate more actively in tenders; in some segments, the number of participants increased several times.
The curtain market is no exception. At MosBuild we received a huge number of questions regarding tenders. We decided to declare April the month of tenders and cover this issue in detail on our website.
04/10/2015, Business
Today we are meeting with tender specialist, consultant and teacher, Asya Muftakhina. Asya is one of the key speakers at the “Participation in Government Procurement” seminar, which will be held on May 28-29. With Asya we are discussing what is important for salons to know to start working with tenders.
Maria Belova asks questions.
Asya Muftakhina
– ASIA, HELLO, PLEASE TELL US ABOUT YOUR EXPERIENCE WITH TENDERS.
– I have been involved in tenders since 2010, I started participating as a supplier, I went all the way, I found all the errors that could be found. After working as a supplier for 3 years, I worked in the customer organization, that is, I organized procurement for my department. Therefore, I can perfectly imagine the process of work on both sides.
Now I am an individual entrepreneur, a consultant on participation in government procurement for small and medium-sized businesses.
– HAVE YOU HAD ANYTHING CLOSE TO OUR AREA?
– Recently I trained entrepreneurs who were engaged in curtains. Now I have a lot of designers (both web and interiors).
– I HAVE NEVER PARTICIPATED IN TENDERS, I KNOW NOTHING ABOUT IT EXCEPT THE REVIEWS OF COLLEAGUES. WHEN THE WORD “TENDER” GIVES ME A FEELING OF SOMETHING COMPLEX AND CORRUPT. BUT THIS MARKET IS EXTREMELY INTERESTING, WE REGULARLY PUBLISH TENDERS WITH AMOUNT OF MORE THAN 1,000,000 RUBLES, SO LET'S FIND OUT HOW REAL IT IS FOR CURTAIN SALON TO WIN A TENDER.
FIRST, WHY ARE THEY EVEN CARRIED OUT?
– Any government organization, if it wants to purchase something, is obliged to hold a tender. It doesn’t matter at all whether she is buying stationery or major renovations of buildings - anyway, in 95% of cases she will have to hold a tender. There are several types of tenders.
– TELL US IN MORE DETAIL.
– There is the simplest tender – called “request for quotation”. If the customer announces a request for quotes, then he evaluates you only by price. Initially, he writes a technical specification: I should have curtains like this, this material, this color.
– There is an electronic auction - it is similar to a “request for quotation”, in which participants are also evaluated only by price, but it is held on the Internet.
– There is an open competition. Here a quality criterion already appears, and the customer will be happy to evaluate your work experience and everything that he can think of in terms of quality, he will also evaluate in terms of quality: the number of your clients, the number of government contracts you have completed and everything he can come up with if he suddenly needs...
There are several more types.
– LET'S TALK ABOUT THE BASIC MOST COMMON CONCEPTS ABOUT TENDERS. FIRST – CORRUPTION IS SO HIGH THAT IT IS IMPOSSIBLE TO WIN.
- Can. We won tenders that were not made for us. Yes, there are some industries in which it makes no sense for non-specialists to participate: construction over 10 million rubles, you need to know the specifics, down to what word to write, what product, where to indicate millimeters, where to indicate centimeters.
– WHAT IF WE TAKE SOMETHING SIMPLE?
– The lower the price, the more likely it is possible. The customer is also monitored by the Federal Antimonopoly Service. And if you, as a participant, feel that your application was rejected unfairly, you can file a complaint against them. Accordingly, the Federal Antimonopoly Service will come and begin an inspection, and for various reasons, no one needs the arrival of an inspection body.
– BUT THE SECOND FEAR IS THAT I MYSELF, WITHOUT A BROKER, WITHOUT A KNOWLEDGEABLE ASSISTANT, I WILL NOT BE ABLE TO LEARN TO COMPLETE ALL THIS DOCUMENTATION AND SUBMIT IT, THAT THIS IS SUCH A COMPLEX PROCEDURE THAT IT IS NOT REALISTIC TO FIGURE OUT MYSELF.
– In fact, the most difficult thing there is the documentation. When a customer announces a tender, it is accompanied by a stack of documents. Three quarters of this pack is a repetition of the main basic law that operates in the field of government procurement - the 44th, and literally 10 pages of technical specifications and the conditions themselves - that is, 10 pages that need to be read.
– IS THIS REALLY SOMETHING UNREALLY COMPLEX OR YOU CAN LEARN THIS AND PASS IT ONCE – CAN YOU ALL YOURSELF WITHOUT A BROKER?
- Can. And in the case of small businesses, it’s even necessary!
– This is the first time I’ve heard about “thrown in.” Probably we are talking about non-payment? The fact is that the formidable FAS will also find out about non-payment and will also come to the customer with an inspection. As I already said, no one needs this. With small amounts and good faith on the part of the supplier, problems are unlikely to arise.
– I HEARD THAT THEY MAY NOT PAY FOR A LONG TIME, FOR EXAMPLE.
– You need to read the terms of the contract, they may say until the end of the year, but play the competition at the beginning of the year. Payment must be made by the end of the year. Although, in my opinion, there is already a rule in place that requires payment 10 days after signing the act. This is if according to 44-FZ.
– THERE IS NO ADVANCE PAYMENT?
- The prepayment has now been removed. Previously, it was possible to work with a 30% advance payment.
– WHAT OTHER OPINIONS ABOUT TENDERS ARE MISCONCEPTS?
– I would name five main ones:
It is impossible for a young and inexperienced company to win.
- purchases are carried out after the work is done.
- FAS is always on the customer’s side.
- customers live on kickbacks, the winner has long been known. Even if we win, they won’t sign the act for us.
– LET’S CONSIDER HOW THE TENDER SYSTEM WORKS, WHAT ARE THE MAIN PLAYERS?
There is a single portal where all tenders are published - State procurement, zakupki.gov.ru.
The customer publishes information about the tender and selects sites where the tender will be held. From a single portal, all information is posted on the site.
The participant - supplier, small business, also has access to both the sites and a single portal and can use it.
The main regulatory organization is FAS (Federal Antimonopoly Service).
It is important to take into account that the customer may have several departments involved in the tender. On the one hand, this will be the tender department - people who are involved in legal registration, on the other - the internal customer who needs to purchase it. These are two different structures, and they often conflict with each other and do not understand each other. It is necessary to take into account the subtleties of working with them.
– ANOTHER QUESTION, GOVERNMENT AND COMMERCIAL ORGANIZATIONS CAN PLACE TENDERS, HOW OFTEN DO COMMERCIAL ORGANIZATIONS USE THIS TENDER?
– Commercial companies, like government ones, are required to place everything through tenders if the cost exceeds a certain amount. The amount is different in each category.
If, for example, Gazprom needs curtains, it will hold it through a tender. If Sheremetyevo – also by tender.
– WHERE WILL THEY PLACE IT INITIALLY, THROUGH GOVERNMENT PROCUREMENT?
Yes, initially they are included in government procurement, both public and commercial.
Another market player is brokers.
– HERE WE REGULARLY HEAR ABOUT THE FOLLOWING PROBLEM: ON THE ONE HAND, BROKERS HELP TENDER PARTICIPANTS, REMOVE THE HEADACHE WITH DOCUMENTATION, BUT AT THE same time A LOT OF FRAUD APPEARS. THERE ARE QUITE A LOT OF BROKERS IN THE MARKET NOW, WHO MANY SAY THAT THEY ARE STATE, AND ARE EVEN CALLED SOMETHING “GOS-...”, BUT IN ACTUALITY A REGULAR COMMERCIAL BROKERAGE COMPANY. THEY MISLEAD PEOPLE, ASK FOR AN ADVANCE PAYMENT FOR PARTICIPATION, AND AS A RESULT IT MAY NOT BE REFUNDED, THEY DO NOT GIVE ANY GUARANTEES, OR THEY GIVE THEM - TAKE MONEY, AND PEOPLE DO NOT WIN. WE HAVE HEARD A LOT OF SUCH FEEDBACK.
– Maybe they just don’t understand what a broker is? The broker does not guarantee that you will win.
– BUT PEOPLE ARE MISLEADED. AND THEY ARE RUDE AND BLACKMAIL. AT FIRST PEOPLE SEEMS TO AGREE, THEY ARE TOLD YOU WILL WIN, BUT YOU NEED TO PAY A DEPOSIT.
– The word prepayment is a red light. If you hear the word prepayment, immediately think that something is wrong here.
– IF I CAN FIND AN HONEST AND PROFESSIONAL BROKER, CAN HE ASK ALL MY QUESTIONS AWAY?
– You need to understand that the supplier will still be related to the tender. You can't just hand it over. Because any broker, no matter how experienced he is, does not understand your product. And the main part, especially for competitions where there is documentation of what you are ready to provide, must be done by the supplier himself. No broker can do this.
– SO THE BROKER’S GOAL IS TO HELP PREPARATE THE CORRECT DOCUMENTS?
– The broker deals with the legal part and comprehensively manages your participation in the tender so that everything is done on time and correctly. But I never undertake to do technical specifications regarding the product and pricing. These two points, no broker can do without you. If someone promises this, then this is already strange.
– DO I UNDERSTAND CORRECTLY THAT IT IS VERY IMPORTANT TO DRAFT A QUALITY CONTRACT AND PROTECT YOUR RISKS TO THE MAXIMUM?
– The contract is drawn up by the customer. He has a ready-made form of agreement - a draft agreement, which he uses. Here the question is in the terms of reference, it is important to fulfill the points of the terms of reference and sign the execution of our service at each stage. Because at many stages subjective opinion works.
– BEAUTIFUL/UGLY, WORKS/DOES NOT WORK, SELLS/DOES NOT SELL.
– Therefore, at every stage where you feel that a risk may arise, you draw up an act. Depending on the customer, agree on what exactly to compile. At least get confirmation from him in writing by email. The best option to communicate with government customers is by email, and not just by phone. So that you have written confirmation from him that yes, he agrees, and explicitly. Not just streamlined phrases about the fact that they looked and decided something, but an obvious one: “yes, we accepted this work.”
– LET'S TALK ABOUT HOW TO DEAL WITH INVALID TENDERS. LITERALLY THE other day, the OWNER OF THE SHOP AND SALON CALLED US, SAYS: “VERY STRANGE, I WANT TO APPLY FOR PARTICIPATION IN THE TENDER, BUT THE CONDITIONS SPECIFY FABRIC WHICH PRACTICALLY DOES NOT EXIST IN NATURE.”
– You can file a complaint with the FAS, but in the option that you describe, it is quite useless, because the FAS does not deal with qualitative characteristics. If the procedure was violated, they can come and say “ah-ah-ah,” but if you come to them with a quality characteristic, they will say that we are FAS and will not understand the curtains. Most likely this will not happen. You can try it to show that you have some teeth. The supplier has its own complaint history, it is available and any customer can view it. If you participate in some kind of tender, you address the customer with a question. The customer can say: “read the tender documentation” - he really likes this. Or maybe they look at your complaint history and understand that you won’t stop there and will go to the FAS and they will answer you normally.
– I.E. IT IS BETTER NOT TO PARTICIPATE IN SUCH TENDERS. YOU MENTIONED TYPES OF TENDERS, WHICH ARE THE MOST TRANSPARENT?
– Requests for quotations for amounts less than 500,000 are the most convenient type of tender for both the customer and the supplier, so try to use it. The second most convenient is an electronic auction, it is more complex than a request for quotes, but it is more transparent, because the customer does not see who is participating in the auction. When someone wins - offers a lower price - then he can see you.
– AND AT SOME PERIOD THERE IS A STRUGGLE
– The auction takes place online, on a certain date, designated by the site. At this time, you must come and participate in the auction.
– SO THE QUALITATIVE CHARACTERISTICS ARE NOT INVOLVED THERE?
– No, they do not participate in the electronic auction. You are judged only by price. If you meet the formal criteria: accreditation, with a bank guarantee provided on time, if required, signed a contract on time. There are legal issues for which the customer can reject you, but if you comply with them, then everything will be fine
– WHAT IS THE MOST DIFFICULT TYPE OF TENDER TO PARTICIPATE?
– Open competition. There is the maximum amount of documentation, the maximum possible criteria. Everything that can be complicated is complicated.
– IT IS CLEAR, IT IS VERY IMPORTANT TO IMMEDIATELY PAY ATTENTION TO THE TYPE OF TENDER IN ORDER TO DECIDE WHETHER TO PARTICIPATE OR NOT.
– I would like to draw your attention to the fact that the formal side is very important: compliance with deadlines and procedures. The customer usually knows that this is very critical, but as for small businesses and suppliers, I am faced with the fact that “Oh, tomorrow we will sign a government contract, the day after tomorrow we will sign.”
And another common misconception is that “I can do better.” The customer specifies one thing in the documentation, and I can do better. The customer better not need it, he needs it exactly as in the technical specifications.
– WHAT IS THE PROCEDURE TO START WORKING WITH TENDERS, WHAT YOU NEED TO DO BEFORE YOU CHOOSE AN INTERESTING TENDER.
– First of all, you need to create a search core and learn how to do correct targeting. It's not difficult at all, but it makes your life a lot easier. And then, depending on the type of tender. If this is a request for quotes, then you can participate immediately; if this is an electronic auction, then you need to obtain an electronic signature and register. Although I recommend taking some educational courses first, I remember how at one time I suffered at every stage.
– TWO WEEKS ESSENTIALLY WITH RESERVE. WHEN YOU ARE ACCREDITED, WHEN YOU HAVE PASSED EVERYTHING ONCE, IS IT ALL FAST?
- Yes, much faster. The only thing is that it is important to allow time for a bank guarantee if you need it. We will talk about this in detail at our seminar on May 28-29.
– THANK YOU FOR THE DETAILED ANSWERS.
You can find out more about the seminar
The development of the tender system has been observed in Russia since the end of the last century. The concept of tender is equivalent to the concept of competition. Its meaning is to find a contractor for government orders on a competitive basis. The entire regulations of this system are spelled out in the winner and a contract is concluded for any work, services or supply of goods. Today we will talk about what is needed to participate in tenders.
What are tenders?
Such competitions can be open or closed, held in one or two stages. In addition, there are varieties of specialized closed tenders, single tenders and requests for quotations.
What does participation in competitions give? The winner is given the opportunity to receive a profitable large order, and if it is a start-up company, to make a name for itself in the market. Many people are put off by the rather complicated participation procedure, but anyone can figure it out. Of course, beginners often need help, practical guidance explaining what needs to be done and in what order. Have you decided to take part in tenders? The step-by-step instructions will come in handy.
Why is it beneficial?
Information about where and what tenders are planned to be held is constantly available on specialized websites and in the media. When the competition is announced, the tender commission begins to consider applications from applicants.
It is not typical for small and medium-sized businesses to be active in bidding for government orders - there are many apparent difficulties. It does not take into account that the lion's share of municipal budgets these days is distributed, as a rule, through tenders.
Government orders support business no less effectively than benefits and subsidies. In addition, the law obliges customers of the municipal and public sector to transfer at least 10% of the volume of work and deliveries of goods per year to entrepreneurs.
Electronic auctions
Unfortunately, only large companies are seriously involved in tracking promising tenders, and all because of the need to maintain a special service for this.
Government orders are placed in different ways - in the form of a request for quotation, procurement from a single supplier (performer) or through bidding. The last method is the most common.
Nowadays, the majority of orders from the state are placed at electronic auctions; their share is over half of all auctions conducted. Such events are recognized as an effective means of combating corruption due to the anonymity of those involved, great competition and the availability (as they say, transparency) of all information.
Participation in tenders: step-by-step instructions for beginning businessmen
Let's look at what participation in an electronic auction is.
First of all, a suitable auction must be “calculated”. To do this, you need to carefully read all notices about such events, regularly visiting the official website, which has nationwide status and publishes announcements about future auctions 7-20 days before a certain date, which serves as the last day for submitting applications. You must indicate your desire to take part in the selected tender during this period - later your application will no longer be accepted for consideration.
Officially, there are five federal platforms for electronic trading, on any of which you will find a search form for auctions of interest and a register of all tenders. It is also easy to obtain summary information on the official website of the Russian Federation, which is dedicated to placing orders.
What is needed to participate in tenders
Next, you should obtain an electronic digital signature (abbreviated as EDS). It is purchased from one of the special certification centers accredited on the electronic platform you have chosen. The process of receiving it will take several business days (2 or 3). The signature gives legal status to the electronic document and records the financial responsibility of the participant.
But digital signature alone does not guarantee that you will take part in tenders. The step-by-step instructions also contain the concept of accreditation. That is, in order to participate in auctions held by a particular platform, you must be accredited to it. Each of the five sites has its own accreditation. To do this, a special form is filled out on the site’s website along with an application to open an account. A number of documents are attached. Which ones? We are talking about an extract from the Unified State Register of Legal Entities (if you are an individual entrepreneur, an extract from the Unified State Register of Individual Entrepreneurs), a power of attorney giving the right to participate in these auctions, a document appointing a manager (decision or protocol) with the seal of the organization, a scan of a card with the company’s details.
Further actions
The operator will review the application within five days and provide a response on access or refusal (in the latter case, with explanations of the reasons). The number of retries is not regulated, but each application will require a five-day review period.
Having successfully passed accreditation, you will receive a “Personal Account” from which you will conduct all further actions.
The next mandatory step is to top up your own account on the trading platform as a guarantee of participation in trading. The amount is fixed - for small entrepreneurs it is usually 2% of the initial order amount (its maximum). In other cases we are talking about five percent. You can get your money back after the account is unblocked (at the end of the auction).
Submit applications
The participant can now submit an application. You need to approach its preparation extremely responsibly, having first carefully studied all the auction documentation. The first part, anonymous, consists of confirming the participant’s consent to supply the desired product (service) with a detailed description. Its second part contains detailed information about the participant with the attachment of all supporting certificates and licenses.
In addition to the application of the established form, the application for participation in the tender must include the fullest possible volume of estimate and calculation documents, which shows in tabular form the cost of materials or services together with VAT at the time of bidding, detailed explanations of additional costs (transport, design and survey, etc.) , as well as taxes.
Things to remember
A submitted application automatically equates to an agreement to comply with all the customer’s terms and conditions. If it is impossible to fulfill them, the contractor should withdraw the application. It is not accepted from the participant after the deadline set by the auction organizer. Refusal to participate in the tender (withdrawal of the application) is possible only before a certain date. The deadline for acceptance may be extended by the tender commission, of which applicants are notified.
When the deadline for submitting applications has expired, the customer reviews their first parts, the results of the review are formalized in the form of a protocol, which the site operator must convey to all participants within the prescribed period. This way you will know whether you are admitted to trading or not.
A little about the process itself
What are the main points you need to know when planning to participate in tenders? The step-by-step instructions say that in the bidding process itself, two concepts are most important - the auction step and the time remaining until its completion. The first indicator is strictly fixed - it is 0.5% of the maximum initial price (as the law says). The transition to the next step occurs at intervals of 10 minutes, during which the participant must decide whether to offer a lower price or not.
Participants are prohibited from submitting proposals with a price greater than or equal to that previously proposed. Zero-price offers are also prohibited. It is also impossible to lower the price by more than a step (below the current minimum offer) in advance.
Completion of trades
If the last bid offered was the lowest (within ten minutes no more advantageous offers were received), the auction is completed. A protocol with results is automatically generated almost instantly; each participant appears in it only under an assigned number.
Who exactly won the tender will become known only after the auction is completed. The customer will receive the second part of the winning application, containing the details of the winning participant. He will be sent a government contract, which must be certified with an electronic signature within a certain period of time.
What's next?
In addition, an amount of monetary security for the contract must be provided, which by law is up to 30% of the original maximum price. This is done in the form of a bank guarantee, or the funds are credited to the customer’s temporary account.
Experts believe that by participating in tenders, any company receives important advantages. And although the tender system in its current form is far from perfect, it gives beginning entrepreneurs a chance to reach a major customer and increase their own status in the market.
The choice of tenders should be made wisely, without trying to cover all offers. If you fail, you shouldn’t be upset - after all, you have gained serious business experience.
What is typical for commercial trading?
Unlike state tenders, commercial tenders are organized in accordance with the norms of the Civil Code of the Russian Federation; the regulations for their conduct are established by the customer independently. When conducting them, the same principles are applied on which government auctions are based. But there are more competitive procedures - in the form of an open competition with or without pre-selection, closed, two- and multi-stage competition, request for prices, competitive negotiations, procurement from a single source, etc.
Thus, commercial tenders are mostly conducted similarly to government tenders. The difference lies only in the strict regulation of the latter by law. The form of private tenders is freer, and they are focused on the documentation of the customer companies themselves.
There is no single and universal law on which the organization of participation in tenders of this type is based due to the huge variety of individual areas of business, each of which has its own specifics.
Construction tenders
If your company’s activities are related to the supply of machinery (excavators, cranes, bulldozers) or equipment, as well as the sale of land for construction purposes, you will need serious clients.
This means that the company should take an active part in relevant competitions. Surely you would like to enter into a long-term contract with a large customer. Then take part in construction tenders. The principle here is the same: study the regulations for holding a suitable auction, create a package of documents consisting of an extract from the Unified State Register of Legal Entities, photocopied and tax-certified constituent documents (along with the charter) and an order for the appointment of a chief accountant, evidence of work experience along with copies of financial statements for the last period, as well as copies of passports of all official representatives of the supplier company and a certificate of state registration of the enterprise. The person who will officially represent the interests of the company at the auction must have a power of attorney to participate in the tender.
Do not forget that the submitted application must have monetary support. If there is no available amount in the company’s accounts, it has the right to use a tender loan.
It is no secret that participation in electronic trading, and even more so in government procurement, requires experience and qualifications. Not every company interested in government contracts has a specialist on staff with knowledge and skills in working with tenders. But this work includes not only the actual participation in the auction, but also obtaining an electronic digital signature, selecting trading platforms, registering on them, ordering a bank guarantee and much more.
Difficult places
The matter is complicated by the fact that electronic trading is quite strictly regulated by the state. Moreover, the legislation in the field of public procurement is relatively crude and is constantly being refined. Therefore, participants in government auctions have to tirelessly monitor the news and keep abreast of all changes. You cannot quickly learn once and then reap the benefits of this training - you need, as they say, to “simmer” in the juice of the government order, devoting a significant part of your working time and effort to it.
Why you should participate
In fact, there is no need to despair - government orders remain an attractive sales market for Russian business, and it conceals enormous potential for the development of your company. This is evidenced by bare numbers: according to the Ministry of Economy, 42.8% of trades in 2014 were declared invalid. Most of them did not take place due to the banal lack of participants. Can you now imagine the scale of missed opportunities?
All you need is to properly organize the tender work. Having solved this problem, you will be able to use government procurement resources for the benefit of your own business. However, to do this, you will have to somehow get “other people’s brains” - people who can participate in procurement, avoid risks and achieve contracts.
How to organize tender work
There are at least 5 ways to attract specialists to work. Let's review and compare the available options to determine the right one for your company.
Hiring a freelancer remotely
The easiest and most affordable way is to hire a freelancer who works remotely. This is mainly done by individual entrepreneurs and small organizations with a limited budget. Indeed, a freelancer is the most economical option, but also risky at the same time.
Typically, remote workers work on a piece-rate basis and on an advance payment basis. In order for a specialist to start doing something, he should transfer money. In this case, as a rule, no agreement is concluded. That is, you act at your own peril and risk. It often happens that after receiving an advance payment, a freelancer disappears, and you have to look for another one. As a result, we have wasted money and time.
Another problem is the qualifications of the specialist. Are you sure that the selected employee has the necessary knowledge and experience; will he not fail in such an important matter as participation in government procurement? Therefore, before hiring a freelancer, it is worth asking for feedback on their work. In addition, it would be a good idea to look at information about him on social networks, check mailbox addresses, etc.
Hiring a tender agency with payment based on results
You should be very careful about such a form of cooperation as hiring an agency, subject to payment based on the result (won auction). The fact is that not a single professional tender agency can guarantee the victory of a participant. Whether you win the tender or not depends, first of all, on you and your cost.
Of course, the agency will help you choose a suitable trading platform, eliminate corruption factors, find a good auction and register as a participant. But promising victory is, to say the least, unprofessional.
Payment-based services are usually offered by two categories of performers:
- Beginners are people without sufficient experience who are interested in their own training in practice (as a rule, they do not have an office, a full-fledged website, or official reviews from clients).
- Scammers are so-called “agencies” that lure clients with promises of winning a tender, and in the process of interaction, when the client “takes the bait”, they ask to transfer a deposit to the account (for example, as a guarantee of your reliability).
The likelihood of finding a qualified specialist this way is extremely low. At best you will lose time, at worst - money.
Hiring a tender agency with a subscription fee
A fairly common option that many agencies offer is cooperation with a subscription fee. In this case, your chances can be assessed as 50/50 - it all depends on the company you contact.
Unfortunately, there are agencies on the market that require a subscription fee of 15-70 thousand rubles per month from the customer, promising to provide a range of services for searching, selecting tenders and participating in tenders within an agreed period. In reality, all further “activities” of the company come down to sending you certificates of completed work.
You should be wary of the fact that the agency offers to sign an agreement with a subscription fee for a long period (even if it promises a substantial discount). In addition, carefully read footnotes and regulations. In particular, under the contract you should have the right to refuse to participate in a tender that is obviously unprofitable.
Hiring an employee
It would seem that a worthy option would be to hire a specialist to join the company’s staff. But this method also has its disadvantages.
Firstly, finding a truly qualified tender specialist is quite difficult. If there is such a person who agrees to work for you, he will probably manage several other projects in parallel. You will have to constantly monitor the activities of a full-time professional, and conflicts often arise on this basis.
Secondly, the hired employee may not have the necessary experience. The result: lost tenders, irretrievably lost time, lost profits, and even the need to invest in employee training.
Thirdly, a full-time specialist will have to pay a substantial salary year-round, while tender work is characterized by seasonality. This means that for about six months the employee will rest at his workplace and work to “decompose” the atmosphere in the team.
Tender agency with payment for work done
The most preferable, in our opinion, way to participate in the auction is an agreement with an agency, subject to payment for the work done. This option is reliable and productive. Almost all conscientious contractors offer their customers a similar cooperation scheme.
How interaction is built:
- You (the customer) yourself determine the tender in which you plan to participate and the services that you need;
- The contractor (tender agency) assesses the complexity of the order and issues an offer;
- After signing the contract, the agency carries out the agreed work.
In this case, the customer has the right to refuse cooperation at any time if the quality or cost of the services does not suit him. And the performer, for his part, is motivated to put maximum effort into fruitful and long-term partnerships.
As you can see, the described method is the most effective. In addition, it involves a minimum of risks for both the customer and the agency. This is exactly how most companies that have achieved significant success in electronic trading operate.
Have you had experience organizing tender work? Write your answers in the comments.
In each company, participation in the competition is carried out according to standard tactics, how to work with tenders for public procurement. One of the prerequisites is the approval of the project by the general director of the institution and the appointment of a responsible manager.
Where to start?
The responsible person collects a package of documents provided by different departments:
- estimated
- accounting,
- lawyers,
- HR department,
- logistical.
In addition to collecting completed forms, the manager analyzes his company’s participation in other tenders, and also studies documents that reflect the results of tenders in which the firm or company has previously participated.
The responsibilities of the responsible manager also include studying the requirements for documentation, application deadlines and technical parameters of the purchased products. You can find out what tasks the tender department solves.
Who can be a bidder?
One should not think that all tenders are custom-made and young firms will not be able to “break into” the government supply market. Even a small enterprise that started operating a few days ago can take part in the auction.
Before working with a tender, it is necessary to carry out fairly thorough preparatory work, study the volume of orders and the conditions that the young company can fulfill.
To take part in the competition, you must provide the commission with a package of documents and announce your participation in the tender. Information about auctions can be found on specialized websites and the media. The electronic bidding procedure reduces the costs of participating in the tender and allows you to monitor the progress of the procedure online.
Decision is made. What's next?
If you decide to participate in the tender, you should search for a suitable tender based on the following criteria:
- region;
- subject of bidding;
- starting price.
One employee of a small company cannot cope with the amount of work involved in selecting a tender; outsourcing specialists in all areas should be involved. Hired staff will save money and help you choose a thematic electronic platform.
It is also necessary to issue a digital electronic signature to register it on trading platforms and accreditation of the participant.
“Young” tenderers should begin work on public procurement with proven electronic platforms, for example, such as:
- Sberbank AST;
- Manufacturer;
- Rosseltorg;
- b2b-center.
Tender support
Tender support is a service aimed at ensuring the process of an enterprise’s participation in a tender. The main goal of tender support is to create all the conditions (at the legal level) for the client-participant to win the competition.
Tender support is especially important if you:
- you do not have much experience or have not taken part in state competitions at all;
- you don’t want to take risks and act at random;
- You don’t want to misfire at a responsible tender.
Did you know that 90% of tender participants are not allowed to bid due to deficiencies in documentation or incorrectly completed applications? If you are not a professional, making a mistake in documents is as easy as shelling pears. In this case, only tender support will help.
Support of tenders by qualified lawyers will protect you from disastrous shortcomings that could negatively affect the results of the competition.
A tender is a kind of competitive selection that is carried out among suppliers of goods or persons providing services.
The undoubted advantage of such a choice is that consumers or their representatives can choose the best option from the many presented. The downside is that becoming a tender participant is not so easy, especially for beginners. The tender can be paid, free, open or closed.
Participation in tenders: where to start?
If we are talking about the tender department, then the difficulty first of all is to choose a project and a customer. First you need to consider the requirements for the order and find out as much as possible about the customer himself.
This is done by studying specially created tender sites, Internet sites or paper materials, if they are provided by a potential customer.
In order for the work process to be as efficient as possible, it is necessary to correctly distribute responsibilities.
Typically, the conditions are reviewed by one person who, ideally, knows the basics of jurisprudence. Knowledge of the legal framework will help determine the integrity of the customer and the fairness of his demands.
When participating in auctions, you must adhere to the following recommendations:
- It’s better not to waste your time trying to study the entire proposed list of tenders, but to visit sites that divide orders by area and topic. This way you will immediately know whether the tender is suitable for the area of activity of your department.
- Don't grab the first order you come across. Carefully study the conditions, material rewards and the period allotted for preparation. If the conditions are acceptable, you can contact the customer company and find out all the points of interest. Only after this the order can be accepted for execution.
Tender for beginners
Beginners often experience difficulties not only when searching for an order, but also when working on it. It is best to start with a small “budget” order. It is best to contact a professional who will help you understand the intricacies of contracts and not be left in debt.
Determination of a public procurement participant
The third article of the law on the contract system regulates the selection and implementation of supplies of goods and services for the needs of the state.
Participants
- State authorities (executive) that regulate procurement.
- Other executive authorities, including local ones, which have the right to exercise control over procurement.
- Rosatom is a nuclear energy company.
- Customers.
- Performers.
- Specially created organizations.
- Representatives of electronic platforms.
A participant is a link in the procurement process, which can be represented by a legal entity or an individual (even an individual entrepreneur).
The state customer is one of the authorities or a government agency that has the right to act on behalf of the Russian Federation (Article 5 of the third law on the contract system).
Search for tender
Searching for a tender is a stage that the contractor cannot do without. The process includes a certain order of actions and its result depends on the quality of the distribution of responsibilities and their implementation.
The main source of orders is the Internet, where the websites of both private customers and those offered by the state are located. Most of these sites are designed to work with entrepreneurs and have limited access.
Finding a good tender is not easy, achieving participation in it is even more difficult, so the search stage can be considered one of the most important on the path to achieving the goal.
Experienced search engines spend less time searching and selecting, but a beginner will have a difficult time. We have to review 10-15 sites a day.
Receiving an electronic signature
An electronic signature is something that neither the customer nor the contractor can do without. It represents a certain amount of information with an electronic signature attached to it.
You can find out how to obtain a signature in the Law “On Electronic Signatures” dated April 6, 2011. The law provides for the development and expansion of e-business infrastructure. There are currently three types of signatures:
- Simple.
- Reinforced.
- Qualified.
The owner of this type of signature can both receive and provide services that require personal identification in accordance with current legislation.
To obtain it you need a passport and a certificate from the Pension Fund. Theoretically, the service is free, but the user will still have to pay a small fee for the electronic media.
In order to apply for the service, you need to contact the service center and provide a list of papers.
Preparation of documents:
- Passport.
- Certificate from PF.
- Email address.
The absence of at least one piece of paper is the reason for refusal to obtain a signature.
Accreditation on the electronic platform
An electronic trading platform is one of the types of online auctions that are conducted based on the 44th Federal Law of January 1, 2011.
Each participant has a so-called personal account, which is accessed after passing accreditation. Accreditation allows you to take part in auctions and tenders on various platforms.
It is noteworthy that each service requires accreditation, regardless of whether it has been passed on other sites or not.
Prerequisites
- Providing reliable information.
- Order fulfillment guarantee.
- Availability of regulatory documents confirming the status of an individual or legal entity.
- Payment of insurance premium.
- Non-disclosure of information about the order and the customer.
Choosing a supplier determination method
The competition is considered full-fledged when 2 or more competitors participate in it. In case of failed competition, the customer reserves the right to extend the tender or select a single bidder.
Studying documentation and preparing an application
The Contractor is obliged to fully study the documentation and conditions put forward by the customer before becoming a participant in the tender. You need to be sure that there are enough technical, material and intellectual means to complete the task.
It is best for beginners to seek help from professionals who will tell them about possible pitfalls in applications. An incorrectly filled out participant form can rarely be corrected, which can completely ruin participation in the desired project.
Federal Law No. 44 regulates the requirements for product characteristics specified in the questionnaire. Everything should be described clearly, without omissions or exaggerations, and most importantly, objectively. The customer can use a trademark if:
- There is no alternative way to ensure an impeccable description of the subject of procurement;
- There is a need to use goods not included in the contract when performing work.
There is a need to check documents that confirm the compliance of the indicators of the purchased goods or product with the customer’s requirements. These papers must contain both minimum and maximum acceptable error values.
The following items cannot be specified in the requirements for procurement documentation:
- Manufacturer of a specific product.
- Personal preferences for a participant in the procurement process.
- Guarantee of the availability and serviceability of equipment that creates or transports goods.
2 mistakes you should NOT make when applying
Participation in the auction and raising funds for this
In order to become a participant in the tender, you must have a certain amount of money in your account, which serves as collateral. If you win the competition and refuse to participate, the deposit will not be returned.
There are several more conditions without which it is impossible to fight for victory:
- After depositing an amount from 0.5 to 5% of the declared contract amount into the electronic account.
- An alternative to depositing money is to use borrowed money. An undoubted advantage of this type of payment is that the funds remain in circulation and are not withdrawn from the business. The loan makes it possible to participate in several tenders at once.
- Fill out the form, entering all the necessary information about the services provided by the participant.
Thanks to Law No. 44, a register of guarantees of banking services has been operating in Russia since March 31, 2014. All credit organizations that are involved in issuing guarantees for bank payments and providing financial support for government payments contribute to it.
All conditions for registering can be found at the Bank of Russia; it is also published on the website of the Ministry of Finance of the Russian Federation. Violators of the terms of the register are blacklisted for a period of two years.
Conclusion of a contract and its provision
After winning the competition and paying the insurance premium, the performer can begin to perform his duties. In the case where the contract amount is estimated at more than 50 million rubles, the customer undertakes to establish insurance equal to 10-30% of the maximum contract value.
If the amount of the advance is 30 percent or more greater than the maximum contract value, the insurance is equivalent to an advance.
If the customer reduces the payment after the final selection of the contractor by more than 20%, the platform administration applies the measures described in Article 37 of Law No. 44.
If the contract amount is less than 50 thousand rubles, instead of bidding, you can conduct requests for price quotes, where the annual purchase amount does not exceed 10% of the customer’s total income.
Watch a detailed webinar on participating in tenders
Tender classification
There are three main types of tenders that can be found on all thematic platforms.
Open
An open type of tender is freely available, that is, everyone can participate (physical and
legal entities). The benefit of the customer in this type of competition is that he has a wide choice of performers and can find a profitable option. Most often, such tenders are posted as advertisements on the Internet.
Closed
A closed tender implies a limited circle of performers. Most often, such a competition is announced by large companies that already have experience working with invited performers. Closed tenders are valued more expensive than open tenders.
Purchasing from a single source is often beneficial for the customer for a number of reasons, which is why some customers prefer this type of tender.
Two-stage
A two-stage competition is announced for specific goods and services. At the first stage, the customer accepts proposals without specifying a price, and at the second, he clarifies all the conditions for those who passed the first qualifying round. At the same stage, performers offer prices for their services and make some adjustments to the requirements.
Selecting a site and topic
Both customers and contractors select sites by trial and error. There are websites on which both public and private orders of various subjects are posted. In order to select the appropriate option, just enter keywords in the field provided for this.
