What are the benefits small and medium-sized businesses receive when they participate in public procurement. Public procurement from small businesses: legal regime in detail Help small businesses to participate in tenders

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 method 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 and individual.

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

Public procurement methods

Market public procurement 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 aspect 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. Most of the companies offering innovative products, despite all the promising nature of their services, it is quite difficult to get through to receiving worthwhile orders.

In most cases, the state 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 with the impossibility of controlling the quality of the purchase, which forces us to evaluate the quality of the services provided already in the process of 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 the procurement of certain types of legal entities - enters into force in the event 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, the free movement of goods, the protection of competition and the provision of conditions for the efficient operation of commodity markets.
• Law No. 63-F3 on Electronic Signature - regulates relations in the use of electronic signatures in civil transactions, in the provision of 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 public procurement is 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, an electronic 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 for taking part 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 the 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, you can significantly increase the probability of a successful start. 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 ways of conducting 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 a lot of minor 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.

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 SMEs in terms of annual revenue and the 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 do not have employees, then the criterion will be only the size of the received revenue 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 business 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 provided by legal entities and individuals entered 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 an application for participation is set at no more than 2% of the NMC. 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 in the execution of the contract of SMP or SONKO

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 non-fulfillment of 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 he signed a document on acceptance of services, works or goods from a 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 SMP 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 - within 5 working days (NMCK 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-ФЗ 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 plan for the procurement of 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 within the framework of 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 they indicate the number of such contracts, 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"

The material is the property of the site. Any use of the article without specifying the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

Is it possible to build a public procurement business from scratch? Yes, absolutely. Is it difficult to do it? Not if you know how. Public procurement for small and medium-sized businesses can be invaluable. And within the framework of this article, various aspects of this case will be considered.

general information

Entrepreneurship lives on the production of goods, trade and the provision of services. All this is needed by the state, which can become a regular customer. For business, such a situation is an excellent way to expand its sales market and increase turnover. You can often come across the opinion that it makes no sense to contact the state, because kickbacks and other manifestations of corruption are all around. But the real situation is quite strikingly different from the mythical image. Yes, from time to time you will have to meet with significant competition. But if you offer favorable terms, consider that the contract is already in your pocket. And great help in this is provided by electronic auctions, where all the conditions and needs are indicated. In this case, the competition depends on the amount of the proposed contract and the field of activity. And a small inspiring fact: about 40% of all electronic auctions are declared invalid. And the reason is ridiculous - there are no participants willing to participate in them. Suspicions (not unfounded) may arise about some specific points, and they really do take place, but not on such a scale. As a rule, such a situation arises precisely because there really was no one who would be interested.

Choosing your niche

Initially, you need to familiarize yourself with a large number of different documentation. Specialists can help with this for a fee. If there are no free funds, then you have to figure it out on your own. And this article will help here. In addition to her, you can pay attention to various special manuals and training courses that are conducted public organizations (for the most part) and government business support services. For a start, you can pay attention to not very large, but still the most real electronic auctions, where there will be a small number of competitors. After that, you must send an application for participation in it and attach everything required documents... The tender commission will choose the most advantageous offer (the one that meets all the requirements and has the lowest price). With a reasonable approach, government procurement for small businesses becomes a lucrative source of income.

How does it work?

Within the framework of the article, much attention will be paid to electronic trading platforms. Why? The fact is that thanks to them it is very convenient to search for interesting offers. In addition, it does not take much time to submit an application in this case. And the open form of work on the principle of the auction allows you to monitor the honesty of the commissions and complain to the appropriate authorities. But still, one point should be considered. Any commercial organization can take part in tenders, but for admission it is necessary to know the rules and work algorithm. Therefore, the following will be carefully considered:

1. Principles of the public procurement system.
2. Open and closed contests.
3. Auction (including electronic).
4. Who can take part.
5. Specific moments.
6. We start cooperation.

Principle of operation

If you are interested, say, in a public procurement business from zero to 100 thousand rubles or a million (to begin with), then you will not be able to do without this moment. What should be discussed initially? About interaction. The state can be viewed as a specific commercial structure. And she needs certain services. Since the scale of the work and influence of the state is truly enormous and affects almost all spheres of life, then the list of necessary services is practically unlimited. Moreover, any state institution periodically needs third-party organizations - agriculture, mechanical engineering, space, education and others.

But the requirements for tenders are severe. And first, the process of choosing a contractor for the production of goods and the provision of services should be transparent to the maximum. Once the organization meets the requirements, it can offer its own conditions and its own price. In the case when it is the most profitable, the order is received. It should be noted here that, despite the apparent simplicity, there are frequent cases when organizations resort to legal tricks that influence the choice of a contractor. To avoid falling prey to such circumstances and build a successful public procurement business, you need to carefully study how the system works. In the Russian Federation, legislation has approved several types of trading.

Open and closed contests

The first option is the most common way of organizing government orders on the territory of the Russian Federation. Its essence lies in the fact that all interested parties are informed about the order through the media: print newspapers, on thematic sites. In general, everything is being done to find the optimal contractor. For an open tender, a large amount of material is being prepared, and all conditions are documented. Applications are received throughout the month. After that, an autopsy procedure is carried out, and the founding commission decides who will carry out the order. This approach, however, requires regular monitoring of the relevant sources, which is not very convenient. A feature of the closed tender is that the customer independently establishes a circle of performers that can cope with the order. This approach is practiced in cases where you have to work with confidential information or the work being done is very specific. Although it can also be applied when it is unprofitable to familiarize multiple performers with it.

Auction

They, like contests, are open and closed. The contractor in this case is selected according to the principle “ready to perform the required amount of work for the minimum amount”. Moreover, the rate reduction is carried out according to predetermined parameters, which is regulated by law. A feature of closed auctions is the maximum degree of confidentiality. Thus, the customer is protected from possible collusion. Particular attention should be paid to electronic auctions. They are held on virtual trading platforms that have been accredited by the regulatory body. In this case, the application can only be submitted via the Internet.

The ever-increasing popularity of the global network leads to the fact that many countries legally oblige their institutions to purchase everything they need using electronic auctions. Modern technologies allow to make the process of selecting an executor for the needs of the state as honest as possible and reduce the risk of a criminal conspiracy. In addition, entrepreneurs who take part in auctions can see the selection procedure with their own eyes. And if there is someone offended, what will refrain him from reporting to the police and the prosecutor's office?

Who can take part?

Especially many are interested in the question of individual entrepreneurs. They can take part in public procurement, but there are certain restrictions. So, individual entrepreneurs cannot participate in those tenders where work is provided exclusively with a legal entity. In all other cases, in order to participate in the process of meeting the needs of the state, you just need to meet the customer's requirements and it is highly desirable to have successful experience in the chosen category of entrepreneurship. And what will be the form of organization - individual entrepreneur or entity - does not matter. It is only important to obtain an electronic digital signature and register at the public procurement site that has been accredited.

Step-by-step guide to entrepreneurship

Now let's look at how to build your government procurement business from scratch. A more convenient option is to work with electronic resources. Therefore, attention will be paid to him. This state of affairs is facilitated by the easier interaction, and the lack of complexity with tracking new tenders in real time, and many other pleasant moments. Therefore, every entrepreneur that plans to develop in this direction should take the following steps:

1. Obtain a digital signature. In the modern world, it becomes more and more necessary for every entrepreneur and legal entity. Why? The fact is that according to the legislation of many countries, including the Russian Federation, an EDS is equivalent to the standard signature of the director. It was only created specifically for use via the Internet. And in some spheres of activity it is even stipulated that without an EDS - nowhere.
2. Select a site. After the digital signature is ready, it is necessary to decide where it is most convenient for the contractor to look for orders. In Russia, you can use the following sites that offer: United information system in the field of procurement, OJSC "Goszakupki", RTS-tender, Sberbank-AST. There are others, of course. Which one to choose among them - it all depends solely on who wants to serve the state. The main thing is that the site is accredited. Everything else is a matter of taste.
3. Passage of accreditation. To register and gain access, you must identify yourself. This procedure is carried out for each portal separately. For accreditation, it is enough, as a rule, to fill out a special registration form and attach the founding documents, such as: the charter, an extract from the state register, a power of attorney to participate in the auction (if this is not done directly by the head of the organization), a certificate. After that, the portal administrator must review all the documentation within 5 days.

Small steps towards a great future

So, you have access to everything you need. What to do now? The entrepreneur's next steps will be:

1. Use of collateral. Initially, you will need to place funds on an account that is tied to the site. When the application is submitted, together with it, the system will withhold up to 5% of the cost of the tender. After the auction is over, the amount will be returned to its owner and can be returned without hindrance. If there is no money, then the application will not be submitted.
2. Drawing up an application. This is an important stage that many people underestimate. The success of the potential contractor depends on how correctly the application text is written. It consists of two parts: informational and anonymous. The first contains all the necessary information and documentation. In the second, a detailed description of the product, service, production process, delivery, execution, consent to carry out the work, and other things that the contractor deems necessary is written. The customer, after receiving all the information, informs the operator of the portal about his choice. And he already contacts the performer.

As you can see, the government procurement business process is not as scary as it might seem at first glance. In addition, newcomers in this business can be approached from the position of "the eyes are afraid, but the hands are doing." And over time, when there is already enough experience, these actions will not create difficulties.

Useful rules

So it was considered what public procurement is. Small and medium-sized businesses, as soon as they want, can make good money on them. But if you adhere to a few simple rules, you can significantly increase the success of your work. What are they? Initially, it is necessary to lay down a public procurement business plan. It is not necessary to show it to anyone in the future, but it is still useful to have a clearly defined and stated system of interaction, decisions, preparation. In addition, it is necessary to track the order that is of interest to the end. It is possible that the customer will change the conditions, and you need to be ready to familiarize yourself with the new requirements. This is a rather tricky mechanism for choosing the right artist. You also need to be attentive to those customers who set the price several times lower than the market. Most likely, this speaks of bad faith. It will not be superfluous to make a black list or use something similar made by another person.

Alas, the public procurement business also has such a negative side. Reviews in this case, too, will not be superfluous to study. In addition, you can see how a person writes in the comments. If politely - a successful outcome is more likely, rude and rude - expect problems. Now the participation of small businesses in public procurement, as well as middle-class entrepreneurs, is still a novelty. But if there is a desire to become an entrepreneur, it will be much easier to act in this very field.

Conclusion

It is necessary to make significant efforts to ensure that the share of small business participation in public procurement is constantly growing. After all, although this is not a lot, but jobs, and, potentially, average and big business in perspective. And which state would refuse to grow large companies and enterprises like potatoes in the beds? Therefore, it is necessary to support and give the opportunity to do business to everyone who wishes. After all, the public procurement mechanism can be called a protectionist instrument that helps to activate the creation of our own powerful and confident economy, which we need so much in this difficult time.

Small and medium business criteria:

44-FZ

The law uses the term "small business entities" or SMEs. Terms of participation is dedicated.

Quotas for SMP

Customers must purchase from SMP at least 15% of goods and services from the total annual volume of purchases. Every year, before April 1, they publish in the EIS a report on purchases from the SMP for the last year. It can include only those purchases in which the advantage for small business was indicated and these purchases took place. If the quota is not met, the institution will receive a fine of 50,000 rubles.

What purchases does the SMP participate in?

SMP can take part in any procurement if the company meets the customer's requirements and is able to fulfill the terms of the contract. But the purchases that the customer must carry out specifically among the NSR is more interesting. This means that there will be no representatives of medium and large businesses among competitors. Even if such participants submit applications, the customer will reject them.

The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. AT e-procurement the declaration forms itself trading floor, you only need to sign the document electronic signature... For paper purchases, use the declaration form provided by the customer or our template.

The customer can conduct purchases from small businesses by any competitive procedures:

• (including competition with limited participation, two-stage competition)

What are the benefits?

1. Representatives of the SME may not provide the contract with money if they have experience in the execution of government contracts (clause 8.1 of article 96 44-FZ):

• There must be at least three such contracts and they must be executed without fines and penalties.
• Amount of submitted contracts- not less than the NMC of the current purchase.
• Contract information must be entered in the contract register. With an extract from it, the winner will confirm good faith.The amount of collateral is calculated from the price of the winner, not the NMC.

2. In public procurement with advantages for the SMP and SONKO, the size of the contract security will be set by the customer based on the price of the government contract, and not the NMC.

For example, the customer holds an auction among SMEs for the purchase of computer class equipment with NMC 2,530,000 rubles and has established the contract security at 5%. The winner dropped to 1,980,000 rubles. Consequently, the security for the contract will not amount to 126,500 rubles. (5% of the NMC), and 99,000 rubles (5% of the winner's price).

The same rule applies to purchases with a 25% reduction when anti-dumping measures are “turned on”. But in any case, the security of the contract should be no less than the advance.

3. The customer must return the security of the contract and pay for the goods / work no later than 15 working days from the date of signing the acceptance certificate (part 8 of article 30 44-FZ). These items should be included in the contract with the SMP.

223-FZ

The law uses the term “small and medium-sized businesses” (SMEs or SMEs). The rules for the participation of SMEs in procurement under 223-FZ are spelled out in article 3.4, and the government decree No. 1352 is also in effect, which regulates such purchases. Customers are controlled by the Federal Corporation for the Development of Small and Medium Enterprises JSC.

Quotas for SMEs

Customers must purchase from SMEs at least 18% of the total volume of goods, works or services. The quota includes only concluded contracts. Winners in procurement are taken into account:

• Only SMEs could participate.
• Winners in which are required to subcontract SMEs: procurement participants describe in their bids a plan for attracting subcontractors from among SMEs.
• “On a common basis”: any supplier could participate, but SME won.

Moreover, 15% of contracts must be concluded strictly among SMEs. If the announced procurement among SMEs did not take place, it will not be included in the report.

What procurement can SMEs participate in?

The government obliged to purchase goods from small and medium-sized businesses only by four types of competitive procedures - auction, competition, request for quotations, request for proposals. All these purchases are competitive in accordance with 223-FZ, therefore the customer:

• Responds to a request for proposals within three working days from the date of receipt of the request (if such a request was not received later than three working days before the deadline for applications).
• Can cancel a purchase only until the deadline for accepting applications has expired and in case of force majeure.
• Extends the application deadline if something has changed in the documentation.
• Concludes a contract with the winner not earlier than 10 days and not later than 20 days from the publication of the final protocol.

Purchases from SMEs under 223-FZ are carried out only at eight ETPs for public procurement (at the same ones where all purchases under 44-FZ take place).

This is the purchase by the state of goods, works or services.

Government purchases are the same market for goods and services with one caveat: the buyers are state, regional and municipal enterprises and organizations. They also need regular paper clips and pencils, medications, office furniture, or their own website. They need to maintain and restore buildings, take out garbage and lay the Internet and telephony.

Simply put, there are government purchases in any area and in any region. They are interesting for business, because the state is a good partner. The supplier can be a legal entity, an individual entrepreneur or an individual. The money for government purchases is included in the budget, so you are guaranteed to be paid for the goods delivered or the service performed.

Why participate in public procurement?

This is a good sales market.

Government organizations are a significant part of our economy. According to the FAS, the state's share in Russia's GDP has doubled in 10 years. In 2005, it was 35%, and in 2015 - 70%.

In addition, it raises the level of trust in your company and is good for your reputation. Therefore, one should not overlook such a significant layer of the economy.

I don't understand anything about public procurement. How can you participate?

Government purchases are of different sizes. If the cost of purchases is more than 100 thousand rubles, information about them is posted on the website zakupki.gov.ru. Looking for a suitable competition, submit an application and participate in electronic auction... It's not an easy process, but if you want to compete for a significant part of the market, then it is worthwhile to figure it out. The main thing is to be patient.

There is an easier way to participate in public procurement, without tenders and auctions. It is interesting for small and medium-sized businesses because of the simplified participation procedure and small amounts of contracts. It looks like this: you offer your product or service government agency, and it chooses a supplier and concludes a contract.

This option of purchases is possible if their cost does not exceed 100 thousand rubles (or 400 thousand rubles, if the purchase is made educational organizations or cultural institutions: zoos, planetariums, parks of culture and recreation, theaters, philharmonic societies, libraries, and so on). These purchases are called low-volume purchases.

How to participate in low-volume purchases?

The fact is that, according to No. 44-FZ, which regulates public procurement, information on small-volume purchases can not be published anywhere. It is believed that they are insignificant and it is impractical to hold auctions because of such amounts. Therefore, government customers usually look for goods without competition (often choosing not the most advantageous offer and ineffectively spending budget money), while entrepreneurs cannot offer their services.

Moscow took a different path. To save the budget and attract small and medium-sized businesses to public procurement, the city administration has created a single supplier portal. Not a single state or municipal institution in Moscow can conclude a contract for small-volume purchases bypassing the website. By analogy, you cannot buy bread without going to the store for it.

The Moscow supplier portal is focused on small-volume purchases of up to 100 thousand rubles (or 400 thousand rubles, if the purchase is made by cultural institutions or educational organizations). In addition, on the portal there are uncompetitive purchases of medicines according to decisions of medical commissions.

And what is the Moscow supplier portal?

This is an Internet site on which the city posts information on small-volume purchases and provides small businesses with access to the market for goods and services with a turnover of about 20 billion rubles a year.

Individual entrepreneurs and small businesses participate in state purchases in Moscow without auctions and unnecessary troubles. Anyone can place an offer on the portal, and city customers (there are more than 2.5 thousand) choose the best offer. Basically, this is a store where you place your goods or services, offering them to the state.

Government purchases on the site are in electronic format... View orders and offer your services to state and municipal organizations and institutions without leaving your home.

The trick of the portal is that all procurement data is open and everything is transparent. You can see:

• Procurement plans of government agencies and institutions for the next year (in the section "Plans").
• Competitors' offers and prices (in the "Offers" section).
• The history of transactions for each registered supplier or customer (in the section "Purchases").
• The concluded contracts (in the section "Contracts").

In the field of small-scale public procurement, clear and understandable rules have appeared that can be studied by any entrepreneur. The chances of getting a government order in such a system is much higher: you study the market and offer the best option available. At the same time, you do not reduce the price below the market price, do not work at a loss, but sell the product or service at a fair price.

It's just the appearance of fair buying, isn't it?

No, purchases are carried out honestly, without dating and cronyism. 93% of entrepreneurs registered on the website received government orders and became suppliers.

Honesty is achieved through transparency, openness, electronic document management and clear procedures. For this, all data on previous contracts are open on the portal. Everything can be traced and, if something is dishonest, contact the FAS. Violations are fraught with heavy fines and criminal liability.

This is a cool solution for public procurement, which is used in the EU and other developed countries. For example, Denmark, New Zealand, Finland, Sweden and Switzerland, which adhere to similar principles in public procurement, were included in the top five leading countries in the corruption perception index in 2016.

If you still don't believe in the honesty of procurement on the portal, the numbers speak for themselves: in 2016, Moscow saved about 37 billion rubles on public procurement, leading the National Procurement Transparency Rating.

Convinced. How to become a supplier?

There are several steps to be taken to become a supplier.