Can 3 companies win the tender at once? Is it realistic for an ordinary person to make money on tenders and public procurement? Bank guarantee for participation in the tender

08.09.2014 18:59

Good afternoon, dear colleagues. We continue the series of articles devoted to the GOSKAZU, including the Federal Contract System. I would like to note that we have to receive a lot of negative comments on this topic, the attitude towards PUBLIC PURCHASES in society is clearly contradictory. My opinion on this issue is purely subjective: "This position takes place, from not knowing and not understanding the Law on GOSTORGH, its essence, concepts and tasks." Another problem is the lack of information about innovations and changes in this area. The mistake of many potential suppliers is the same approach to sales, both in the commercial sphere and in the government. But this is a completely different monastery, with its own rules and regulations, and this must be remembered. This, in fact, is my goal, to try to tell about this area in an accessible language, to clarify the incomprehensible or contradictory moments, so to speak, to present information simply by talking about the COMPLEX. Topic of the article: " TOP-15 mistakes of newcomers in the STATE ORDER or how to win a trading procedure and not be left without pants? "

In order to win, for example, an auction, you must clearly know the legislation in this area, namely all the features FCC (Federal contract system). The main normative act that regulates the activities of this area is the Federal Law RF 44-FZ "ON THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENT OF GOODS, WORKS, SERVICES FOR PROVIDING STATE AND MUNICIPAL NEEDS" dated 05.04.2013.
I want to note that theory alone will not be enough here, so I want to reveal the TOP-15 main mistakes that beginners make when participating in such procurement procedures as an electronic auction, an open tender, and a request for quotations. Some of the following mistakes were made by me, once in my work. By the way, new procedures have appeared in the FCC format, such as a tender with limited participation, a two-stage tender, a closed auction, a closed tender, a request for proposals and some others. Accordingly, the register of major errors will grow, and we will definitely consider them together.
1. Quite a common mistake of a participant in an order placement is preparing a "blank consent". That is, the auction or tender documentation generated by the customer contains a requirement to perform a certain amount of work, the criteria for the materials used and the requirements for them. The participant, in the first part of his application, does not indicate trade marks and specific indicators of materials, but simply only expresses his agreement with the requirements of the documentation. The result is deplorable - such an applicant and his auction or tender application are rejected.
2. Insufficient specification of the items offered for delivery technical characteristics goods. Let's give an example. An auction is underway. In the application, the customer indicated the need to use two-layer paper wallpaper with a thickness of 0.5 - 1 mm during the work, and the application of the auction participant contains only generalized indicators. It will not be enough to simply indicate the brand; it is imperative to indicate in the application the thickness of the wallpaper, for example, 0.6 mm, that they will be two-layer and paper. That is, everything should be exactly as in the documentation for the trading procedure. The result is a rejection of the offer. When we were not yet experienced enough and participated in auctions, we were sometimes rejected due to the fact that the characteristics of the offered product were not spelled out accurately. I will definitely devote one of the articles to the topic “ Preparation of an auction application”And there we will look at the full range of similar mistakes that suppliers make.
3. The next mistake is the result of inattentive reading of the requirements for applicants. This is a list of documents that are provided in " second part of the application"When it comes to an auction. For example, an open tender or an auction is being held, and it is necessary to mount a PBX. The documentation indicates that a participant in an open tender must meet the requirements that are imposed by law on the performers of this type of work. That is, we are talking about an FSB license. And if you win the auction, and there is no license, the winner will lose the contract. You must understand that the bidder's application must meet all the requirements set forth by the Customer.
4. Recently, there has been an increase in cases when applicants provide false bank guarantees. What are the consequences? The customer can suspend the STATE ORDER and the implementation of the contract (the supply of goods or the performance of work), or terminate the contract in court with payment of only the completed part (and these are unnecessary legal costs, additional costs). Here I will also add the mistake that the guarantor banks began to make, namely, not entering a bank guarantee in the register of bank guarantees and, as a result, the Customer's refusal to conclude a contract, the winner's loss of the application security, entering information about the winner in the register of unscrupulous suppliers, loss of reputation and impossibility participation in GOSTORGH for 2 years.
5. According to the law, when participating in a procedure such as electronic auctions, the participant provides two sections of his proposal, and in the first section the participant MUST, IN OBLIGATORY ORDER, WITHOUT EXCEPTION, in respect of goods, indicate the manufacturer or place of origin of the goods. Some applicants forget to do this or confuse the manufacturer's name with a trademark. Such an offer is expressly subject to rejection. Be careful!
6. There is such a procedure in STATE PROCUREMENT as a request for quotations - this is a method of choosing a supplier, in which information about purchased goods is communicated to an unlimited circle, that is, a request for quotations is placed in a unified information system and the winner is the one who offered the minimum price. Without knowing the legislation, participants can prescribe an inflated price in the proposal, hoping for a subsequent price reduction. But this does not happen, since this procedure is not a bidding and does not provide for a stepwise price reduction.
7. Notice of quotations must be posted by the customer at least 4 business days before the deadline for submitting proposals. Practice shows that most often the quotation is up to 250 thousand, namely, such a quotation is placed for a period of at least 4 days, "hangs" on the site of GOSZAKUPOK for 4 days and not a day longer. Nobody notifies potential participants about the purchase, so you need to regularly monitor new purchases in order not to miss an interesting procedure for yourself.
8. Failure to submit a complete package of documents, especially for an open tender. A very common mistake is not providing a "declaration of conformity".
9. Errors in the submitted documents. You need to be clear about what the “participant's declaration of conformity” includes. There are two types - a declaration of the applicant's compliance with the requirements of the law and a declaration of the participant's belonging to small businesses (SME).
10. Provision of references, certificates, expired licenses.
11. Often, participants do not know that they have the right to submit a request for clarification of the auction and tender documentation. That is, in the event of inaccuracies in the TK, any applicant has the right to submit a request, and the electronic trading platform will redirect it to the customer. In my opinion, a “request for clarification” is one of the most effective mechanisms for the collapse of corrupt documents. It is much easier to work further, in case of victory, with an adapted Terms of Reference or a well-developed contract, than after signing, to negotiate its conditions and try to change them.
12. Once we took part in an auction and entered into a contract immediately after we were declared the winner. But we didn’t know that there was also a time limit for appeal. That is, after the winner is announced, before the conclusion of the contract, there is a deadline for filing a complaint and must be observed.
13. If the complaint to the FAS is recognized as justified, then the guilty person may even face criminal liability.
14. After the participant is declared the winner, within the prescribed period he must send the customer a draft of the contract signed by his side. If such a project is not submitted by the participant, then he can be recognized as evading the contract. And this threatens to be entered into the register of unscrupulous suppliers and be removed from further participation in procurement. Federal contract system, a strictly regulated Federal law, which spelled out every step of the participants, whether it be a customer or a supplier, terms, regulations, actions in this or that case, and much more. RF regulations supplement Law 44-FZ and a lot of information must be taken from there. Accordingly, it is necessary to strictly adhere to all the terms specified in this area, and all explanations such as “I forgot, did not have time, could not” will not even be considered.

15. Companies that want to seriously deal with government orders must have such an employee as a qualified specialist in tenders who will deal with them. Many people think that this is just an additional cost. But, as practice shows, the presence in the staff of a highly qualified specialist who regularly undergoes training in tenders fully pays for the costs of it (salary, etc.). By the way, one of my webinars: “ Effective participation in public procurement ", Just considers this issue in more detail and each manager receives an answer to the question:" What should be a tender specialist. "

Thus, if you want not only to participate in public procurement, but also to win in them, then I recommend that you follow our practice. That is, to thoroughly study the legislation and in practice comprehend this "art".
I wish you success! And see you soon.

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The basis of competitiveness, especially for small and medium-sized enterprises, is the presence of a variety of markets and trading platforms, working on which an entrepreneur can realize his commercial plans. To a large extent, in this market system, much depends on the state, which acts not only as an arbiter and regulator of the rules of the game in the markets, but also actively takes part as a commercial agent.

In this case, we are talking about the system public procurement and contracts based on the competitive participation of product manufacturers and / or service providers for government needs. The system of public procurement itself has a rather long history and, for example, in Russia it was founded by Peter the Great, who attracted breeders and merchants to develop the military and state infrastructure (here it is worth recalling, for example, the Demidov, Ryabushinskiy or Naryshkin family).

However, for all its claims to fair participation in such competitions and the honesty of identifying winners at different stages of the formation of the public procurement system, there are subjective and objective nuances, ignorance of which can make the expectations of entrepreneurs to receive their cherished state contract in vain.

This article will talk about those pretty simple methods and ways that can help an entrepreneur to work actively in the market of state (municipal) contracts and win in competitions and tenders that have rather specific features.

Public procurement system - there is always an opportunity to get the desired contract

In order to truly become an active player in the public procurement market, tenders and auctions, an entrepreneur who wants to participate in them must clearly understand:

  • the entire system of trading and admission to them,
  • on what legal basis is this system built (see)
  • what are the selection criteria for participants and winners
  • how should competitive technologies be used
  • how to appeal to the courts for various injustices, from which no system is immune, where there are commercial interests of various players

From a purely practical point of view, participation in competitive bidding in the public procurement system can be realized through such forms as:

  1. open competition
  2. request for quotations

All types of competitive selection of performers of state or municipal contracts constitute a single, so-called, Federal Contract System (FCC), the legal basis of which is such regulations as 223-FZ, 9 4-FZ, and other regulations of the Government of the Russian Federation. Directly competitive bidding and procedures take place at special auction trading platforms, for example, such as "Sberbank-AST", "EETP", "AGZRT", "RTS-tender" and ETP MICEX "Goszakupki".

In order to become a participant in such competitions, an entrepreneur must obtain the appropriate accreditation, EDS (electronic digital signature) and complete other simple formalities. However, the whole secret of success when participating in a competitive bidding lies, first of all, in knowing what requirements must be observed during the bidding itself, filling out the documentation and interacting with both the customer and the operator of the bidding site.

In order to win a public procurement tender, one should also know not only the formal requirements for one or another part of the tender procedures, but also how to avoid mistakes that can negate all the efforts of an entrepreneur.

Such critical factors and errors (the most typical in practice) include the following:

  1. Correct filling of the tender application... Here we mean, in particular, such a moment as, for example, the customer at the auction puts out specific requirements for the supplied goods, characteristics of licenses, types of servants, etc. The participant, on the other hand, is usually limited to a simple consent without specifying what he can do on each item of the submitted application. As practice shows, such applications are not accepted for consideration already at the first stage of the competition.
  2. The second major mistake many entrepreneurs make is insufficient specification in their applications of the properties and characteristics of the supplied goods. For example, the customer places in the application that he needs to supply pine sawn timber with dimensions of 200mm x 100mm x 5000mm. The participant, however, is limited by the fact that in the tender application indicates that the sawn timber is just pine. That is, everything should be exactly as in the documentation for the trading procedure.
  3. Another mistake that is often encountered is that the contestant does not adequately assess his chances. to receive an order or simply does not meet the requirements. For example, for the installation of fire alarm systems, the contractor must have the appropriate licenses from the Ministry of Emergencies and Rostekhnadzor. The absence of such licenses, even in the winning bidder, will ultimately be the basis for canceling the bidding results. Therefore, before taking part in the competition, especially those related to areas of activity where there is a certain state regulation and supervision, you need to carefully read the application and correlate your desires with opportunities.
  4. According to the legislation governing public procurement, when participating in a procedure such as electronic auctions, the participant provides two sections of his proposal, moreover, in the first section, the participant must necessarily indicate the manufacturer or place of origin of the goods in relation to the goods. And also provide scanned copies of certificates, veterinary certificates, etc. Some applicants forget about this important point and even often confuse the manufacturer's name with a trademark or brand. Such an offer is expressly subject to rejection by the customer.
  5. When forming an application for participation in the competitive bidding, the participant must provide bank guarantees, which are given by the bank-counterparty of the entrepreneur. Here you need to be very careful, especially with regard to the amounts and terms of the issued guarantee. Failure to comply with even the slightest clause of the issued guarantee entails exclusion from the tender procedures. It should also be borne in mind, for example, that a guarantee issued for a “parent” company or a company that is a nominee shareholder does not apply to other affiliated companies, even if they ultimately belong to the same owner.
  6. When participating in an auction in the form of a request for quotations, often many participants, especially those who are doing this for the first time, forget or simply do not know about the deadlines for submitting notifications or applications. For example, a notice of quotations must be posted by the customer at least 4 business days before the deadline for submitting proposals. Practice shows that most often quotations up to 250 thousand are used, and such quotations are placed for a period of at least 4 days. It is on the website of the electronic auction site for 4 days and not a day more. Nobody notifies potential participants about the purchase, so you need to regularly monitor new purchases in order not to miss a good opportunity to make money.
  7. After the participant is declared the winner, within the period established by law, he must send the customer a draft of the contract signed by his side. If such a project is not submitted by the participant, then he can be recognized as evading the contract. And this threatens to be entered into the register of unscrupulous suppliers and be removed from further participation in procurement. The FCC works on the basis of strictly defined procedures and technical regulations, which stipulate all the actions of the participants, whether it be a customer or a supplier, terms, regulations, actions in this or that case and much more.

Therefore, having won a competition, an entrepreneur should not relax and fall into the euphoria of success, but should concentrately bring the whole thing to its logical end.

Conclusion

In conclusion, it should also be added that public procurement, how to win in which, was briefly outlined in this article, of course, is not limited only to issues related to the auctions and auctions themselves. An entrepreneur who has a desire to build his own business or part of it at the expense of government contracts, you need to have a well-functioning document management system (so that, for example, there are no expired licenses, certificates of validity, etc.). And it would also not hurt to have specialists on the staff of the company (or on contractual terms) who would do this constantly and understand all issues thoroughly.

Hello dear colleague! Recently, my support service has often received questions of the following content: “How can I find out the winner of the tender?”, “Where can I find the contacts of the winners of public procurement?” etc. Therefore, in this article we will talk in detail about the winners of tenders and public procurements, namely, where and how to find information about such winners and their contact details. And since this topic is so interesting to many, I suggest you understand it in detail.

1. Winners of tenders. Who are they and what information can you find out about them?

Tender Winner - the supplier (bidder) who offered the Customer the best conditions for the execution of the contract

Information about such winners is reflected in the corresponding protocols, which in turn are posted by the Customers (operators) on the websites and electronic platforms... An exception is made by closed tenders, and information about which is a state secret.

If we talk about government (according to 44-FZ) and corporate purchases (according to 223-FZ), then in the final protocols you can find the following information about the winners:

  • Name;
  • Mailing address;

Below is a screenshot from the official website of the EIS.

Here, only the name of the winner is listed in the public domain. But the INN and the address of the winner can be found in the summing up protocol itself.

There are more than enough sites on the Internet that provide services for mailing tender winners. However, along with tables, online databases like //crmbg.su/ are gaining more and more popularity, where you can customize filters, search for additional contacts and combine several convenient functions right at the online mode. Most of these databases contain information about the winners of state (under 44-FZ) and corporate (under 223-FZ) tenders. The collection of such data is automated and takes place using special programs - parsers. Parse (i.e. collect) information about the winners commercial tenders much more difficult. This is due to the fact that there are a lot of such resources, they have a different interface, and the organizer of a commercial purchase is not obliged to publicly disclose information about the winner. Therefore, no one currently provides information on the winners of commercial tenders.

Mailing lists of tender winners can be either one-time or regular. Most often such e-mail newsletter done in the morning at the beginning of the working day. The subscription period for the newsletter can be issued for 1, 3, 6 and 12 months.

Some services provide their customers with a free mailing of tender winners during a trial period (1-3 days) in order to assess the relevance of data and the convenience of working with the database.

Also, these services allow you to perform a more accurate setting of the database by such parameters as keywords, industry, region of announcement or delivery, Customers, law, etc.

How much does it cost to mail out the winning bidders?

1 month - from 1,500 to 12,500 rubles;
3 months - from 3900 to 18500 rubles;
6 months - from 7200 to 24500 rubles;
12 months - from 12,600 to 34,500 rubles;
One-time mailing - from 300 to 700 rubles.

4. Conclusion

Information about the winners of tenders is a useful and necessary business. In some cases, this information helps to conduct market analysis, and in others, find new customers or partners. However, it should be understood that if you just want to analyze the market and your potential competitors, then there is nothing to purchase ready-made databases. All the necessary information is available on the website www.zakupki.gov.ru. Of course, this will require a certain amount of time from you, but it is absolutely free. If you want to speed up the process of collecting and analyzing such information, then you can use any paid search service with a built-in analytics module, such as a tender plan.

But if you sell financial services (bank guarantees, loans, credits), or you are a manufacturer or distributor of goods, then you simply need a ready-made database of tender winners. Imagine that every day several thousand purchases are made and it is simply unrealistic to manually monitor the results of the auctions. And by subscribing to the newsletter, every morning you will receive a letter with a fresh database, with which you can immediately start working (make calls or send commercial offers). Some services offer the service of a half-hour mailing of fresh databases, i.e. you will have the latest information in your hands, which your competitors will receive only the next day. In this case, even a few hours of head start is a decisive moment.

That's all for me. If you still have questions, then ask them below in the comments to this article.

P.S .: Click on the social buttons, share this article with your friends and colleagues.

Tender participation is an important experience for any participant. Of course, everyone wants to win, because participation requires a sufficient amount of effort, time and money. Therefore, each participant asks how to win. But it is worth remembering that even if all the points of the notification are met, the victory may go to another, because in our time it happens that the customer holds a tender just for show, since the contractor is determined in advance.

1. Rules for participation in the tender

When you participate, you must agree to the terms that the customer specified in the notice. And also you must comply with them at all stages of trading. By submitting an application, which is drawn up in accordance with the requirements of the organizers, you automatically confirm that you have all the necessary resources to conclude an agreement. You accept responsibility for the accuracy of the submitted application. Deficiencies, blots, inconsistencies can be perceived as gross mistakes - in this case, the organizer has the right to refuse you participation even before the selection of the performer.

If you are wondering, then the first step to victory is the correct paperwork for the tender. There are examples when the contestants singled out the application, designed and developed it very, very competently, but at the same time they did not correctly draw up the documents for the tender, and on this basis they did not pass the selection. represented by the company, with a team of professionals, significantly increases the chances of winning. This is easily explained by the fact that a professional can easily assess the situation and prepare competently at all stages of the tender.

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2. Documents required for the tender

The first step to take on the road to victory is smart. They will give the organizer an objective initial assessment. It is worth remembering that the documents that are attached to the application are most often discussed in advance, so if the notification arrived late enough, you should think about whether you need to participate in this tender, because a lot of documents are required, and there may not be enough time. The documents required by the customer vary depending on the industry of the tender and the personal preferences of the organizer.

In order not to fly over at the initial stages, you need to provide the most accurate documentation to the creator of the tender.

Be sure to find out the date and time of the tender. It is best that the documents are ready three days before the specified date, because they will need to be checked. You can also get help from special companies that specialize in drawing up documents, and we are such a company, if you urgently need to draw up documents for a tender, you can contact our specialists in the services section.

The initial package of documents that is required for bidding looks like this:
1. An application that has been certified by the owner of the institution or company.
2. Application with presentation.
3. Inventory of the documentation that was provided.
4. Copy of constituent documents and articles of association.
5. Certificate confirming registration, state sample.
6. Copy of TIN certified by a notary.
7. Extract from the Unified State Register of Legal Entities (please note that no more than fifteen days should pass from the moment of discharge)
8. Lists of persons representing the company.
9. Certified copy of the order of the assignment job responsibilities to the chief accountant.
10. Certificate stating that there is no tax officer for the position.
11. Fin. tax reporting.

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3. Victory at the stage of submission of documents

It should be borne in mind that preliminary, the contestants are selected at the very beginning, based on the submitted application, which means that a minimum deviation from the requirements may entail not the best consequences in the form of rejection of the application. Therefore, it is worth considering these tips:
- Always fill out the documentation with blue ink. Try to keep your signatures legible.
- Use tables and graphs.
- Establish contact with the customer - clarify the difficult sides for you, be sure to thank for the help and inform, as if by the way, that you want to sign a contract.
- Use an understandable font for filling out documents.
- The offer should focus on low price, good quality and favorable conditions in case of choosing your company.
- It is worth taking care of your reputation. She will play an important role in the tender.
- Do not jump over your head, always measure your capabilities and customer requirements.

4. Rules for receiving a tender

Remember that your participation in the tender plays an important role. If you did not get a victory, do not despair, in the next tender you will surely be lucky, moreover, even in case of a miss, you will get invaluable experience. In order not to fall face down in the dirt in the next tender, you can.

Participate in auctions that do not carry a significant financial burden and do not play a big role for your company, they will serve as a good start, provide the necessary knowledge and experience to participate in larger purchases!

An important step on the way to victory is constant participation in tenders, if you do not do this, then you will not get any return, but only waste your time in vain. Frequent participation in tenders provides a set of necessary skills and knowledge, which each time will bring more and more benefits and will certainly lead to victory.

Are you having difficulty bidding?

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In order to win, we will give some tips to help you on your way to victory:
1. Identify a few employees who will lead the preparation for the competition without distracting the manager.
2. If the application is sent only in paper form and there is no possibility of communication with the manager, you should be wary - such a tender may not be among the honest ones.
3. Find out exactly what information you require, what you should provide in the application.
4. Preparation - an important role in participation, prepare your speech, have a decent appearance.

For those who want to be guaranteed to win the tender, there is a service that ensures the participation of the organization in the tender.

The main goal pursued by given view services - it is correct and competent to go through all the stages of the competition, for the final result - victory.

Tender support would be a good solution if:
- You do not have much experience or you have not yet participated in the auction.
- There is no desire to risk your money, time and energy.
- There is a possibility of a misfire at an important tender.
- This service will help to prevent harmful shortcomings that can ultimately lead to lamentable results of the tender.

5. Video instruction on how to win a public procurement tender


For a guaranteed result in tender purchases You can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small business entities, you can get a number of advantages: advance payments under government contracts, short settlement periods, conclusion of direct contracts and subcontracts without a tender. and work only on lucrative contracts with minimal competition!

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