Public procurement from small businesses: the legal regime in detail. Is it difficult for a small business to participate in a government order Government contracts tenders for small businesses

Small businesses are often afraid to participate in government procurement: it seems that the procedure is complicated, collecting documents takes a lot of time, and it is unrealistic to win, because the winners are known in advance. We will debunk these myths and prove that public procurement is available to any entrepreneur if everything is done correctly. Biznes.ru has released the first detailed government procurement manual for small and medium-sized businesses.

The only stage of the state order, where it will be difficult to do without narrow-profile specialists, is settlements with the customer and financial statements. But these features are easy, they are inexpensive.

You will have to do the rest yourself. The good news is that things are not as complicated as they seem. Introducing a step-by-step algorithm with practical advice, life hacks and experience of small companies that have won more than one government order. At the end of the article - a bonus: what to do if the customer does not pay money for the work performed, and how to protect yourself in advance.

Step 1. Decide on the scope of public procurement

Please note: a lot depends on the law under which the customer works. A customer who purchases under Law No. 44-FZ can choose absolutely any purchase item that he purchases from a small business. Each customer, according to Law No. 223-FZ, approves and places on the procurement website a list of goods, works and services that he purchases from small and medium-sized businesses.

Goszakupki.ru "," Supplier "

Most often, small companies are involved in procurement where they need to supply food or office supplies. Usually, it is more profitable for customers to work with a small business from their region or city than with a federal company. Don't be afraid to participate in procurement. No matter what you produce or what services you provide, there is always a great deal for you.

Is it possible for a beginner to win? Sure. But for this you need to correctly assess your capabilities. Very often, we see that some participants reduce prices below the cost of the project. Yes, they win the tender, and then, realistically assessing their chances of success, they either try to supply products of inferior quality, or they evade the contract.

Before starting to participate in public procurement, determine the goods or services that you can offer to the customer. Choose the specifics that are familiar to you as much as possible - this will allow you to soberly assess how much you are ready to fulfill the government order and make a profit at the same time. Once you gain enough experience, you can expand your horizons and master new areas.

Valery Ovechkin, individual entrepreneur, expert on earnings on public procurement

I began to participate in government procurement with small amounts by the standards of government orders - from 300 to 500 thousand rubles. At that time, I was involved in the event industry and organized major events in my city. Then I tried purchasing in other spheres, at first allied ones - renting a stage, lighting equipment, sound equipment. Then I moved on to areas that I had not yet dealt with: the supply of firewood, machine tools, chairs for large public spaces. The main thing that I understood during this time is that public procurement is a risky business, it is not a “magic pill”. Competitors are constantly added, there are risks of non-payments, but this is the largest market in the country and not making money on it is just stupid.

Step 2. Find a tender

Small and medium-sized enterprises can participate both in purchases that are carried out exclusively for them, and in any other on a general basis.

Trading procedures are regulated by two Federal Laws - No. 44-FZ and No. 223-FZ. Under 44-FZ there are preferences for small businesses, under 223-FZ - for small and medium-sized businesses. In such purchases, customers are required to set limits for all other applicants for participation. The minimum volume of purchases per year for small and medium-sized businesses under 44-FZ must be at least 15% of the total annual volume of all purchases. For 223-FZ - not less than 18% (Clause 1. Art. 30 44-FZ and clause 5 of the Regulations approved by Decree of the Government of the Russian Federation of 11.12.2014 N 1352. Information on restrictions is indicated in the notice and procurement documentation.

According to 44-FZ, small businesses can also act as a subcontractor for large organizations that won the tender.

Note! According to Law No. 44-FZ, purchases are carried out separately only for small businesses and socially oriented non-profit organizations (SMP and SONO). According to Law No. 223-FZ - for small and medium-sized businesses (SMEs).

Public procurement notices are posted on the website zakupki.gov.ru. This is a unified information system (UIS) with information on purchases of all state and municipal customers, budgetary and autonomous institutions, unitary enterprises, state corporations and state-owned companies. It is easy to find procedures that are carried out separately for small and medium-sized businesses: click on the “Procurement from SME and SONO” tab on the main page of the EIS.

Competitors without small business status will not come to such purchases. This means that your chance to win and get favorable conditions will increase.

The procedure itself, according to the results of which the supplier will be selected, is not carried out in the EIS. From 1 January 2019 the winners are determined by customers only electronically. All competitive procedures for small and medium-sized businesses are carried out on 9 large electronic platforms... To participate in them, you need to be accredited at the sites. For a list of these sites, see the table at the end of the article.

It is important for entrepreneurs who are just starting to master public procurement: before being accredited on the site, you need to register in the EIS. Until you enter information about the company in the register of procurement participants, you will not receive accreditation at the sites, you will not be able to participate in tenders and auctions.

Not all suppliers are aware of Berezka yet, also known as a single trade aggregator. For small businesses, it is especially useful: in this e-shop, federal customers must choose their only suppliers. From March 1, 2019 they do all their small purchases here. Moreover, the entire procurement cycle takes place on this site: from the announcement to the conclusion of the contract.

Caution, risk! Avoid bidding where the customer initially has his own contractor, and he prescribes all the conditions exclusively for him. The main signs are: too narrow or too broad conditions. For example, the warranty period for a product should be 25 years with a typical 5 years for the product. Getting involved in such a bidding for small companies means losing time, money and nerves.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

For this, government purchases even have their own terminology, which appears in judicial practice - "sharpening". This is when the customer prescribes non-competitive conditions in the contract that only his supplier can fulfill. If you have read the terms of the contract and understand in advance that the conditions are not very feasible, and the purchase is deliberately sharpened, it is simply not worth participating in them... It is another matter if, according to the results, you see that the winner is clearly a figurehead, for example, he is not able to fulfill the order. You can fight this absolutely legally and legally. You have the right to file a complaint with the FAS. Complaints are considered for 5 days and an order is issued. If there are indeed restrictions on competition on the part of the customer, the FAS will issue an order to hold the auction again.

Anatoly Maslov, general manager IT companies Ensign

Even if you win in such a tender, the customer will not let you fulfill it - he will by all means obstruct the fulfillment, make demands in excess of the TOR and make claims on insignificant issues. There is a chance that the customer will use the result, but will not pay, accusing the contractor of non-performance of the contract. This threatens with fines and loss of contract security. On one contract, we remained in the minus 300% of the stage price... It is difficult to insure against this if you want to participate in a large number of tenders. Of course, you should read the TK, ask for clarification of the documentation as much as possible before submitting an application. And in no case should you rely on customer loyalty and think about the opportunity to meet halfway.

Alexander Inozemtsev, entrepreneur

I participated in a tender for the supply of training materials. The technical assignment was very simple and in fact, for 2 million rubles, it was necessary to develop six games that would make it possible to find out which of the customer's employees copes well with their duties, and who should be transferred to another position. The yield from the tender could be over 100%. Already at the development stage, the customer said in plain text that it was not me who was waiting for me as an executor... The terms of reference were not specific, many points put me in an uncomfortable position. As a result, the customer never accepted the job. I had to sue. Six months later, the court sided with me, and the customer paid the money. Since then, I have firmly adhered to the rules of risk diversification: in no case invest in one tender, do not take trades with borrowed funds.

Step 3. Prepare documents for participation in public procurement

The package of documents must be prepared carefully: you can cut your way to the order if you miss at least one document or submit an expired certificate.

Three mistakes are most often made:

• provide an invalid extract from the Unified State Register of Legal Entities (valid for no more than 6 months);
• documents are not stamped with the organization's seal;
• documents are submitted by an unauthorized person. The right to submit a document belongs, for example, the CEO, executive Director... The rest must have a power of attorney that they have the right to represent the interests of the supplier.

Carefully fill out the application form No. 2 (information about the product). As a rule, the customer gives detailed instructions... You need to observe it on each item. In practice, due to an incorrectly completed application, about 50% of applicants are not admitted to public procurement.

In order not to make mistakes in the application form No. 2, hire specialists who have extensive practical experience in such work. They will carefully analyze the customer's documentation. These services are inexpensive on the market.

Along with the package of documents, provide the customer with the passport details of the head of the organization that participates in the public procurement. Formally, the electronic platform will accept them according to the rules only from January 1, 2019, while the law obliges them to be provided now. We recommend that you do this without fail, otherwise your application may be rejected.

Check if your organization or the director of the organization is on the registry of unscrupulous suppliers. The customer most often puts a requirement for the participants - absence from this "black list". If you are actively involved in procurement, one of the customers could have included your company in it, but they did not inform you. You can check if everything is in order with the accounting department using.

If your company participates in auctions that are conducted exclusively for small businesses under Law No. 44-FZ, you must confirm your status with a declaration (part 3 of article 30 of Law No. 44-FZ). Participation in the status of small and medium-sized businesses under Law No. 223-FZ is confirmed by a declaration and information from the register of small and medium-sized businesses (clause 31 of the Decree of December 11, 2014 No. 1352). In any case, you need to be in the register of SMEs: if the customer does not find your company on ofd.nalog.ru, he will reject the application.

Step 4. Prepare the application security

Securing the application is a kind of collateral for participation in the procurement. According to law No. 44-FZ with an initial contract price of 1 million rubles. and below, customers may not require security for applications. In purchases under Law No. 223-FZ with an initial price of 5 million rubles. and below, customers should not require security for applications.

How exactly to provide collateral - in cash or bank guarantee, each participant decides for himself. If the customer requires to secure the bid, then the amount of the security must not exceed 5% of the initial maximum price of the tender. In purchases under 44-FZ with a "starting" price below 20 million rubles. the maximum amount of collateral is 1%.

If the procurement participant decided to provide the application with money, you need to open a special account in one of the authorized banks. Without this, there will be no access to trading. The bank in which you can open a special account, choose from the list Government orders dated 13.07.2018 No. 1451-r.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

Some small business owners are frustrated by the need to provide application security. And there is no need to be afraid. Even if you lose the competition, the security will be returned to you... The money for securing the application can be taken from the company's turnover or borrowed for a while. Such services are also provided on the electronic platforms themselves for a small percentage. Banks issue so-called bank guarantees at a low interest rate, and registration takes from 1 to 7 days.

Another opportunity to get money to secure an order is to take advantage of the possibilities of crowdfunding platforms. Here you can get the necessary funds to participate in public procurement without going to banks, while the procedure itself is simplified as much as possible. An example of such a platform is Penenza.ru.

Galina Kharnakhoeva, crowdfunding platform Penenza.ru

In 2017 and the first half of 2018 on Penenza.ru, we issued 14,000 loans to small and medium-sized businesses to participate in government tenders in the amount of RUB 14.7 billion. The most popular loans and, accordingly, state tenders are for construction and repair work, for the supply of food, drinks, clothing and other manufacturing products, for services for the maintenance of buildings and territories, security and other administrative and economic services. The most common loan for participation in a state tender is for an amount of up to 1 million rubles... Peak requests are in April and November.

Step 5. Go through the public procurement procedure

From January 1, 2019, all trades under Laws No. 44-FZ and No. 223-FZ will be conducted exclusively in electronic form. This will make the procedure more transparent and fair.

All purchases for small and medium-sized businesses are carried out only in a competitive way in four forms: competition, auction, request for quotations and request for proposals. To find out exactly how each procedure goes, click on the orange blocks:

How is the competition in electronic form

1. The customer makes the purchase in the schedule.
2. The customer prepares a draft contract, which includes a mandatory payment condition for the contractor.
3. The customer places in a unified electronic system a notice, procurement documentation and a draft contract.
4. The customer accepts applications from procurement participants. The procedure takes place in two stages. At the first, participants submit quotations, reducing the initial contract price. At the second stage, all participants, except for the leader, have the right to improve their price offers. After the competition on the site has passed, the results are sent to the customer. They are considered by the commission of the customer. If the leader's application meets the requirements of the documentation, the customer recognizes him as the winner.
5. The parties conclude a contract. This occurs after the winner has deposited the contract security - from 5 to 30% of the initial contract price. The contract is signed on the electronic platform.

How are the auction and request for proposals in electronic form?

1. The customer places in a single information system notice and indicates the timing of the stage. All participants in the auction are subject to uniform qualification requirements, which are prescribed in the procurement documentation.
2. Participants fill out applications, prepare documentation. In this way, they confirm that they meet the qualification requirements.
3. The customer rejects applications from companies that do not meet the established requirements.
4. Eligible participants submit their quotations. To do this, they enter the electronic platform on the set day and time and take part in the procedure electronic auction or request for proposals.
5. The winner checks the customer's draft contract, signs it with a qualified electronic signature and, together with a bank guarantee or payment order, sends it to the customer through the operator of the electronic platform.

How is the request for quotations in electronic form?

An important difference between a request for quotations and other forms of bidding is that a company does not need to have a bid security to participate. In addition, the organizer does not have the right to demand from the participant any documents, except for the application in the prescribed form.

This form implies that the contract is received by the participant who will offer the lowest price for its implementation. The contract price should not exceed 500 thousand rubles. The customer shall place the notice of the bidding in the public domain.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

There are situations when at the last of the stages the supplier realizes that he cannot participate in the tender. For example, you planned to supply a product, the price of which is tied to the dollar exchange rate. All documents were submitted, an application for bidding, but suddenly the dollar rate jumped seriously. You understand that this state order will become unprofitable for you and you will not be able to fulfill obligations. How to avoid the consequences in this case? You can refuse to continue to participate in the auction, but in this case you will lose the amount that you transferred as security for the purchase... But, more often than not, it's better than not fulfilling a million dollar contract, pay penalties and forfeit and get into the register of unscrupulous suppliers.

Step 5. Submit a complaint to the FAS if the customer violated the rules for public procurement

If you understand that at one of the stages of the public procurement the customer was wrong, file a complaint with the FAS. This can be done on paper or using an electronic application with a digital signature. You can send an application in four ways: through the official website of the service, through the website of "Gosuslugi", by mail [email protected] or a letter to the address 125993, Moscow, st. Sadovaya-Kudrinskaya, 11. Be sure to indicate in the document:

• information about the applicant, including postal address, e-mail, telephone;
• information about the person whose actions or decisions are appealing;
• purchase number, unless you appeal against the actions of the operator of the electronic site;
• the reason for the request;
• documents confirming the arguments of the applicant;
• list of attached documents.

Sign the application with an electronic signature if you are submitting a complaint in electronic form.

Bonus: What to do if the customer does not pay money for the work performed and how to protect yourself in advance

Even an honest entrepreneur who fulfills all procurement requirements may face such a problem: the customer accepts the work, but does not pay the money. The arguments are usually as follows: there is nothing to pay, the enterprise is municipal, the limits were simply revoked.

Andrey Mikhailov, General Director of FELIX company

In 2015-2016, we were engaged in the supply of furniture to the facilities of the Vostochny cosmodrome and the city of Tsiolkovsky. The total amount of the signed contracts exceeded 1 billion rubles. We delivered a significant part of the furniture, but due to internal problems the customer never paid for it. To fulfill large orders, small businesses have to take loans from banks and pay them out of the money that the customer pays for the work performed. Therefore, a delay in payment for a government order or non-payment can put an entrepreneur in a very difficult financial situation.

What to do in this case? Submit a legal claim that if you do not pay, you will demand a forfeit. Small business contracts must pay on time. For example, under Law 44-FZ - within 15 working days (clause 8 of article 30 of Law No. 44-FZ), under Law No. 223-FZ - within 30 days. If there is no in-house lawyer, contact outsourcers.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

In the contract, each customer is obliged to prescribe the responsibility of the parties in case of default. This applies not only to the party who performs the service under the contract or supplies the goods, but also the responsibility of the customer himself to pay for the work performed on time. This clause of the contract includes interest and fines. therefore carefully read the draft contract before participating in the procurement

Acquisition guide ready business... To read

List of illegal requirements of tax authorities during inspections.

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The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative benefits are provided.

Small businesses Are commercial organizations (legal organizations and individual entrepreneurs) that carry out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMP in terms of annual revenue and number of employees.

Which organizations belong to the SMP

For business entities and partnerships, at least one of the requirements of clause 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then the indicators are considered for revenue and the average number of employees.

Federal Law "On the Development of Small and Medium Enterprises in Russian Federation"dated 24.07.2007 N 209-FZ regulates the basic requirements under which an organization can be classified as a SME. In 2017, some changes were made to these requirements, thereby allowing a large number of organizations to correspond to the status of a small or medium-sized business entity.

Graduation of enterprises and limits established in each of the groups:

Micro-enterprise: the amount of annual revenue excluding VAT should not exceed 120 million rubles, and the number of employees should be no more than 15 people.

Small business: the amount of annual revenue is no more than 800 million rubles, the number of employees is no more than 100 people.

Medium enterprise: revenue excluding VAT for the year - up to 2 billion rubles, and the average number of employees does not exceed 250 people.

The same categorization rules apply to individual entrepreneurs. If individual entrepreneurs there are no employees, the criterion will only be the size of the revenue received for the year. When using the patent taxation system, an individual entrepreneur is classified as a micro-enterprise.

All SMEs are entered into the Register of Small Business Entities maintained by the Federal Tax Service, based on:

information from the Unified State Register of Legal Entities, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activities and the use of special tax regimes, in the reporting established by the legislation of the Russian Federation;

information provided by persons specified in clause 2 of Art. 6 FZ No. 408-FZ;

information that provides legal and individualsentered in the register of the NSR.

More detailed information can be obtained on the FTS website, including look.

With regard to government and commercial procurement, small businesses also have a number of advantages over other participants.

Purchase from small businesses, SONKO 44-FZ

State purchases under 44-FZ from small and medium-sized businesses are regulated by Art. 30 44-FZ.

For customers working in accordance with the law "On the contract system", a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in the amount of at least 15% of their annual purchases. Such trades can be carried out in the following forms:

open competition;

limited participation competition;

two-stage competition;

electronic auction;

request for quotes;

request for proposals.

At the same time, the initial maximum contract price should not exceed 20 million rubles.

Also, a positive point in purchases carried out only among small businesses and socially oriented non-profit organizations is that the amount of security for the application for participation is set at no more than 2% of the NMCK. For comparison, in other purchases, the customer has the right to establish the security of the application in the amount of up to 5% of the contract price.

Involvement of SMP or SONKO in the execution of a contract

When conducting a procurement, the customer has the right to establish in the notification a requirement for a contractor who is not an SMP or SONKO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of work (of the contract value) was carried out with the involvement of a subcontractor from among the SMEs, SONKO, and this part is credited to the customer in the volume of purchases for the reporting period made from small businesses and SONKO.

In the contract of such a tender, a clause on the civil liability of the contractor for failure to comply with the conditions for involving a subcontractor from the SMP, SONKO is mandatory.

The government of the Russian Federation may establish standard terms of contracts providing for the involvement of SMEs (small and medium-sized businesses) in execution.

Benefits:

1. the contractor must pay off the subcontractors and co-contractors involved from the SMP and SONKO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendardays.
2. the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of the NSR or SONKO.

Calculation of the volume of purchases from SMP, SONKO according to 44-FZ

money to secure the application must be deposited into a special bank account;

the contract with the winner of the purchase is concluded in electronic form on the site (the paper version is not applied).

Terms of publication of notices of procurement:

Competitions and auctions:

at the NMCK up to 30 million rubles, then at least 7 days;

with NMCK more than 30 million rubles - in 15 days.

Request for proposals - in 5 working days (NMCC should not exceed 15 million rubles).

Request for quotes - for 4 slaves. days (NMCK should not exceed 7 million rubles).

Schedule of purchases from SMEs

Customers who are included in the category according to the PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the EIS. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.

In the procurement schedule, the customer must, in separate sections, reflect and approve the goods, works or services that he will acquire through tenders only among the SMEs. Participants of such tenders in the application must declare their belonging to the NSR, at the moment the form is unified and the same for everyone.

The initial maximum price of a purchase carried out only among participants in small and medium-sized businesses should not exceed 400 million rubles.

Also, a certain group of customers, approved by the order of the Government N 475-r, must procure innovative and high-tech equipment from small businesses.

According to Art. 5.1 223-FZ in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports with the requirements of the legislation of the Russian Federation on procurement from SMEs is carried out. Conformity assessment is carried out as part of checking the draft procurement plan for goods, works or services, the draft procurement plan for innovative and high-tech products and projects for making changes to such plans, prior to the approval of these plans.

Monitoring is carried out already according to the procurement plans approved by the customer and the changes made to them.

Based on the results of the inspection and monitoring, a conclusion is issued on the compliance or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer needs to eliminate them or place a protocol of disagreements to this notification in the EIS. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.

Report on procurement from SMEs

At the end of the month, each customer must draw up a report, which will contain information on his purchases from SMEs, and no later than the 10th day of the month following the reporting one, place it in the EIS. (Clause 4, Part 19, Article 223-FZ)

By February 1 of the following year, the customer must publish in the EIS an annual report in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.

Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not post it at all in a unified information system, then appropriate sanctions are imposed on such an organization, namely - it is deprived of its procurement privileges under 223-FZ and from February 1 until the end of the year following the reporting year, it will be obliged to conduct tenders only under 44-FZ.

As for the submission of reports by companies operating under 223-FZ, but not obliged to make purchases from the NSR, these companies also submit monthly reports on the number of contracts signed with the NSR, in which the number of such contracts is indicated, if they are absent, they simply prescribe the value 0. At the same time, organizations that do not fall under the Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in tenders only for small and medium-sized businesses, because this will already be considered a restriction on competition.

Annual report on purchases from SMEs of enterprises with revenues of less than 2 billion rubles. should not publish, even if such tenders were held.

Suppliers related to SMEs

Now they have canceled the benefits for procurement participants related to small and medium-sized businesses. But at the same time, there are restrictions that do not allow participation in the procurement carried out for SMEs.

Ltd IWC"RusTender"

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With the onset of the crisis in the country, the most vulnerable segment of the economy is small business. Despite its ability to adapt to rapidly changing conditions, it is it that disappears from the market first. The only thing that can prevent the liquidation of such enterprises is government orders for small businesses.

Varieties of trades

Studies show that the minimum share of government orders should be 10-22% of the total. The attitude of entrepreneurs towards this type of government incentives for small business is very twofold. Some regard government orders as a good way to expand the market, while others do not want to get involved due to the large number of difficult moments.

The term "government procurement" itself means orders of state or municipal structures for industrial and food products, weapons, equipment, services from enterprises that produce them.

As a rule, such companies are selected on the basis of a competition or a so-called tender. In Russia, the term "placing an order" has become more widespread.

At the moment, there are five varieties public procurement:

• electronic auctions. They are carried out within the framework of special electronic platforms by placing lots on them. All documentation is also prepared electronically;
• open competitions. They are carried out when the main selection criterion is the best price, and then the terms, quality and other components. Often they are used when it comes to a transaction in the amount of 500 thousand rubles;
• requests for quotes. They are carried out according to the previous principle, with the only difference that we are talking about less expensive contracts;
• purchase from one supplier. This type cannot even be called an auction, since the purchase is carried out from a single contractor;
• open auctions. They differ from electronic ones in that orders are printed in the media. Recently, this type of order placement has practically lost its relevance.

These types of purchases by the state are used both to meet their own needs (weapons, medicines) and for the needs of the population (food).

How purchases are carried out

All categories of enterprises - state, private, individual - can take part in most types of tenders. The deal is concluded with the company that won as a result of the competition.

It should be noted that the very procedure for holding an auction, signing documents and concluding a deal is strictly regulated by law. Supervising bodies - the Accounts Chamber and the Treasury. In special cases, the FSB is connected when it comes to weapons.

The procedure looks like this: contractors send an application for participation, in which an acceptable price for them is indicated, and a special commission, in turn, considers each of them and chooses the best option.

There are several ways to conduct purchases:

• open;
• selective (everyone can apply, but only those selected by the customer will take part in the competition);
• closed (participants are invited exclusively by the organizers).

The course of trading can take place in two stages. If the tender is supposed to be held in one stage, then there is no possibility that the requirements for the order may change. Two-stage bidding suggests that they may undergo some changes.

Some features of participation of small companies in tenders

The specifics of procurement by small businesses are spelled out in a special law of the Russian Federation "On procurement". It says that customers should make purchases from small and medium-sized companies in the following volume:

1. From 01.01.2015 to 31.12.2016 - not less than 18% of the total number of contracts.
2. From 01.01.2017 - at least 25% of the annual number of orders.

It is assumed, however, that bidding is often completely free of charge. But in some cases, some money and time costs are still provided. The minimum funds will have to be invested in electronic trading. As a rule, we are talking about a conditional contribution, which is not refundable regardless of the results of the auction.

Liability of the parties

Failure to comply with the conditions of the competition is also controlled by the state. For this, a whole system of penalties has been developed, both for the customer and for the supplier of services or goods. The basic principles of all types of auctions are equality and openness.

The customer must not:

1. Violate the forms and procedures for the competition.
2. Change the terms for placing orders.
3. Hide information about the conditions when it comes to open tenders.
4. Post distorted information about participants.

It is difficult to conceal the fact that at the moment there are various types of corruption schemes used in order to obtain a profitable order by some particular enterprise. One of the options for such a scheme may be winning a tender for a small company, which, in fact, is a subsidiary of large-scale production.

Other shenanigans include:

• indication of deliberately unfeasible volumes of work and / or unrealistic deadlines for other participants;
• distorted payment terms that are not acceptable to the supplier;
• discouraging the participation of strong performers;
• understatement of the order price;
• attracting dummy clients to participate.

Most often, such schemes are used when it comes to especially large and profitable orders. It is much easier for small companies to win in small tenders.

Even in the world practice, there are cases of unfair trading. Especially often the world mass media cover such events from the auctions in the USA and Japan.

In Russia, in recent years, the methods of combating such violators have been significantly tightened. However, there are still too many shortcomings in this area. For example, there is still no clear system that would regulate the order of placing orders for small companies. In this regard, they are still forced in most cases to rely on their own luck rather than on laws.

So far, electronic systems for holding auctions cannot boast of well-functioning work. In the total mass of all orders, it is rather difficult to single out those that are intended for small businesses. Moreover, as practice has shown, it is much easier to hide the dishonest actions of the customer at a small auction than when it comes to a large tender.

However, even taking into account all of the above, it should be noted that certain steps of the state towards small businessmen are still being made. Even in the conditions of bureaucratic and corruption schemes, it has become much easier to get an order for the supply of services or goods than a few years ago.

State order. Dreams come true: Video

Tender - this word is painfully familiar to many. State-owned companies, auctions, bids, corruption immediately come to mind ... Everyone has a lot of excuses not to participate in the tender. Many companies believe that everything is divided in advance, and the terms of reference (technical specifications) specifically stated conditions that are suitable only for "their" customers. However, the myths about tenders are greatly exaggerated. And if you thoroughly understand this "kitchen", you can build a successful and promising business on tenders.

What is a tender?

This is the procedure that the customer goes through to find the best supplier. He invites everyone to participate and announces the so-called competition. The winner is the one who offers the product with the best characteristics (price, quality, parameters, etc.). The company that will bypass the rest of the competitors gets the right to sell its goods or services.

Despite the rather complicated process, you should not refuse to participate in tenders. After all, this is the only way to sell a large batch of products to state-owned companies and large private owners. For example, a batch of gowns for a clinic or several dozen computer desks for a school. Such items are purchased only through auctions. It turns out that many companies voluntarily refuse a huge number of clients.

How do I use small business tenders?

The plan for implementing this business idea is pretty simple. You thoroughly study the process of participation in tenders, learn all the pitfalls, familiarize yourself with the legal framework, and then offer mediation services to firms that do not risk participating in the auction on their own.

Both parties benefit. The company will not have to keep an independent unit on its staff (specialist in participation in tenders), and you will get the opportunity to earn on remuneration for the provision of such a service.

To open such a business, you only need a computer with Internet access and your desire to earn money. You can do this business right at home, and meet with clients on their territory.

The implementation of the idea comes down to two stages:

1. Search for existing tenders
2. Participation in the tender on behalf of the company.

So, you regularly review all the sites where electronic bidding is held, and then invite companies to take part in a particular purchase.

As for making money on tenders, it is important to establish a price category that will be beneficial to sellers. Many companies subscribe to internet sites where the latest information about tenders appears. Such a subscription costs from 8 to 20 thousand rubles. The intermediary is ready to cooperate for 600 rubles a month. Perhaps this amount will seem too small to you, but there will be more than one client. And this price includes only search suitable tenders... If we also take remuneration for participating in the auction on behalf of the company, then the prices will be much higher.

Experienced intermediaries usually work with 40-50 companies simultaneously. It is easy to calculate that anyone who wishes with a competent approach will receive a very good profit.

If you want as many companies as possible to collaborate with you, it is important to create a suitable image. And this will help, including a competent advertising campaign.

First of all, you need your own website with high-quality content and design. You can offer your services not only on the website, but also in business magazines and the Internet.

Stages of cooperation

So, the approximate steps of your mediation in the implementation of the tender plan will look like this:

1. Search for tenders.

Selection of relevant tenders for their clients according to various criteria: characteristics of goods, price ranges, location, etc.

1. Obtaining an electronic signature and accreditation.

You will receive an electronic signature for your client, without which participation in tenders is impossible. You also carry out the passage of accreditation on trading floors.

1. Preparation of the application.

Submit your application, request for proposals, quotations, etc. You consult clients at all stages of the auction. The main actions are performed by you, the client is only required to provide information support about his activities and products.

1. Participation in the tender.

Trades are held online. The decision on the price offer is made by the client. At the same time, he can be anywhere during the tender. You go through all the stages yourself and act on behalf of the company.

1. Conclusion of a contract.

In case of successful participation in the auction, you prepare procurement documentation for the company.

The mediator is the main actor in the tender

Personal experience

Several years ago, together with my wife, we decided to open a business to participate in tenders on behalf of various companies. The office was not needed, we were looking for clients ourselves, that is, we did not spend advertising. The wife was engaged in accounting and communicated with manufacturers and suppliers of goods. By the way, direct contacts gave us an excellent customer base with low prices and minimum delivery times. The first year we worked on an advance payment, then when they found out about us, they began to receive a commodity loan.

I dealt with communication with customers, travel to suppliers. The overhead was minimal. We agreed to work in advance from the supplier's warehouse or do 2-3 shipments. This allowed me not to buy a truck and rent a warehouse. If necessary, he hired forwarding drivers. The financial part amounted to 600,000 rubles of borrowed funds. Taxation is a simplified system.

At first there were fears that this business was too complicated. But everything turned out to be much simpler. I copied the tender announcements and terms of reference, and then sent a request to suppliers if they have such products and at what price. And it immediately becomes clear whether it makes sense to participate in the competition.

At first we worked through trade.su. Paid for a subscription. It cost 100 thousand rubles a year, but they also received consultations, as well as assistance in preparing documents for participation. The site displayed information about the customer: who had previously played in his tenders, who won, under what conditions, whether the terms of the contract were met.

There were different situations with dishonest participants. For example, a delivery for 300,000 rubles, and the participant wins with a difference of 50 rubles. It immediately becomes clear that this is far from an accident. In general, tenders are a huge field for various dishonest actions on the part of the customer. Even if you apply with a good offer, this does not give any guarantees. One day before the deadline for accepting applications, the secretary or another specialist who collects bids can inform the company with which the contractual relationship is about what price should be entered in their application. But all these machinations can be noticed if you constantly analyze and collect information.

In fact, everything is not as scary as it seems. And in my experience, it's best to work with health care institutions. In such organizations, they are really interested in price, but without compromising on quality.

If you still have questions about this type of business or have your own experience in this area, we are waiting for your comments. Any opinion is important to us!

A business based on government procurement is gaining popularity every day. With its help, you can sell goods and services provided by your company, as well as earn decent money. At the same time, the demand in this market is stable and has large volumes.

Public procurement is a way of placing orders for the provision of various types of services, the provision of a certain type of resources, or the implementation of the works specified in the document within strictly specified terms. The contract is signed with the winner of the auction, who was able to offer his services with the most favorable conditions for the customer.

The use of such a relationship is beneficial to both parties. The state receives the highest quality performers.

Business - monetary reward for the work done and the opportunity to constantly improve their services in connection with rather serious competition. Any legal entity or individual can act as a participant in such trades.

General principles and rules for participation in public procurement are discussed in this video:

Public procurement methods

The government procurement market is divided into the following types:

• Public procurement through auctions

1. Electronic auction
2. Closed auction
3. Open auction

• Competitive basis

1. Closed
2. Open

An electronic auction is carried out in electronic form on specialized sites, which are accredited by the Ministry of Economic Development of the Russian Federation. All data on the conduct of this type of auction, its progress and results are posted on electronic platforms. How to participate in electronic bidding and what to consider - read.

Open and closed auctions differ only in that the bids of other participants are unknown to the auctioneers. They are served in special envelopes; in open auctions, the opposite is true. All applications become known to the participants.

The most used type of procurement is open tender. Anyone can take part in it, and information about them is published in specialized publications. Competitors must submit applications that meet the requirements of this event.

The winner with the most favorable terms is determined by the commission. A competition is considered invalid if only one application has been submitted for it. If negotiations with the winner come to a standstill, preference is given to the next most attractive candidate.

A closed competition differs from an open one only in the method of selecting participants. Only invited suppliers can participate in it.

Pros and cons of government orders

Any field of activity has its positive and negative aspects, and if you use the former to the maximum and not be afraid of the latter, then the road to the top can be not only successful, but also bring pleasure. Let's figure out all the pitfalls of our chosen business.

The undoubted advantages of working with government orders include the fact that force majeure situations and risks when working with the government are minimized. This is realized through the most transparent system for spending funds and all procedures performed. Also a positive point is the transparency of the procedures.

An important role is played by the fact that the state is trying to actively help and expand the boundaries in this industry, since by giving orders to third-party firms and stimulating their growth, it also strengthens economic stability and creates a healthy atmosphere in the country.

Unfortunately, there are no ideals, and each system has its drawbacks. The same is happening in the public procurement market. The majority of enterprises offering innovative products, despite all the promising nature of their services, are quite difficult to get through to receiving worthwhile orders.

The state in most cases tries to choose proven products and services. Although recently the situation in this direction is changing for the better.

Basic principles of public procurement.

The level of bidding and the availability of competent specialists in this area also wants to leave the best for now. This leads to the problem of the impossibility of controlling the quality of the procurement, which forces us to evaluate the quality of the services provided during the operation.

In connection with the prospects of this type of activity on the market, cases of fraud, the appearance of criminal gangs on the market and the practice of kickbacks for receiving especially profitable orders are becoming more frequent.

How and by what government procurement is regulated

There is a certain list of laws that perform the function of regulating relations in this market:

• Law No. 44-F3 on the contract system - regulates the methods and procedure for implementation procurement activities.
• Law No. 223-F3 on procurement of certain types legal entities - comes into force in case of formation money the customer is not from the federal budget or the customer is a commercial company with state participation.
• Law No. 135-F3 on the Protection of Competition - ensures the unity of the economic space, free movement of goods, protection of competition and the provision of conditions for the efficient operation of product markets.
• Law No. 63-F3 on electronic signature - regulates relations in the field of use electronic signatures when making civil transactions, providing state and municipal services.

All laws help to strictly regulate the order of implementation and methods of procurement. Information about purchases, answers to questions from participants and changes are in the public domain.

The monitoring function in the field of procurement is assigned to the Ministry of Economic Development. It is carried out by means of constant collection of information, which is subsequently subjected to multilateral assessment.

On the basis of Law No. 44-F3, in some cases, government purchases are subject to public discussion... The list of such cases is established by the government.

Step-by-step instructions for participation in public procurement

Let's figure out in stages how we start our business and what should be done first. In the 21st century, the most promising option will be to work with electronic resources.

Their undoubted advantages include the absence of difficulties with the implementation of such things as tracking tenders, a facilitated form of interaction with the market and many other positive aspects. Based on this, the entrepreneur needs to do the following:

• Obtaining an electronic digital signature. According to the legislation of many countries, including the Russian Federation, a digital signature is equated to the usual signature of a director. Accordingly, it is necessary when using the Internet. - read the instructions on the link.
• To gain access to tenders, an entrepreneur must also go through the accreditation procedure. It is necessary to fill out the registration form, submit the constituent documents (charter, power of attorney to participate in the auction, extract from the state register)
• Decide on the site where the entrepreneur is going to look for his orders. Her choice is a matter of taste and the only important thing is her accreditation.

The preparatory stages have been completed, and the following actions of the entrepreneur should be as follows:

• Replenishment of the account, which will be linked to trading platform, since if there is a zero balance, the application will not be submitted. The minimum amount required should be 5% of the value of your tender. Find out how to open a current account and what documents are required.
• Filling out the application. It consists of two parts: informational, which contains all the necessary documentation and information, and anonymous. It describes the services, conditions, as well as other data on the transaction that the customer considers necessary for execution.

Good rules for beginners

From the above, we can conclude that, if desired, small and medium business has extensive earning opportunities. And if certain conditions are met, the probability of a successful start can be increased significantly. To do this, you need to draw up a business plan that will greatly facilitate the phased development of your business.

It is necessary to follow the order you are interested in at all stages and not leave the case to chance. After all, there is a possibility that the customer will change the conditions at the last moment and you need to be ready for this.

The main methods of public procurement.

In the event that the customer sets a price lower than the market price, you need to be more careful with him. This may indicate that he is not conscientious. Do not ignore people's feedback about a particular customer and, if possible, study them as carefully as possible.

It will be useful to attend seminars and training events conducted by more experienced players who are willing to share their experiences. This will help you avoid many small troubles that can get you in your way.

What support is provided by the state for small and medium-sized businesses and what sources exist - read the link.