Participation in tenders: step-by-step instructions, necessary documents, conditions. What are the benefits small and medium-sized businesses receive when participating in government procurements Government purchases small and medium-sized businesses

The Public Procurement Law has been in effect for over 10 years. However, many entrepreneurs are hesitant to apply for participation in tenders and auctions. These are unwarranted fears. The requests of organizations are very diverse, and the volumes of supplies, taking into account the total course towards economy, are quite affordable for small businesses.

There are many entrepreneurs who successfully build their business on public procurement, but there are also many who find the ordering system too complicated. He simply does not believe in a real opportunity to get a "piece of the state pie" - and in vain. For all its shortcomings, it is more transparent than many other commercial schemes, and you can master it if you wish. At the end of the article, we will give an interview with the owner of the small business, whose revenue is 80% secured by government contracts.

Government purchases and government orders, regulatory documents

Main regulatory documents:

1. No. 44-ФЗ dated 05.04.2013 - "The Law on the Contract System in the Procurement of Goods, Works, Services for the Provision of State and municipal needs».
2. No. 223-FZ of 18.07.2011 - "On the procurement of goods, works, services by certain types of legal entities."

All applicants for a state or municipal order for the supply of goods, provision of services or performance of work are equal before the law. This is the essence of the existing rules that govern the conclusion of such agreements.

The customers of services, goods in the system are state, municipal:

1. executive agencies;
2. companies, corporations, natural monopolies (for example, Gazprom);
3. autonomous, unitary enterprises; budgetary institutions;
4. enterprises providing water, gas, heat supply;
5. organizations with a share of state, municipal participation of more than 50%.

The supplier can be a legal entity of any form of ownership, individual entrepreneur - regardless of location, registration (since 2015 - with the exception of those registered in offshore zones). Customers are required to use competitive methods for selecting performers (Fig. 1). The winner is the participant who offered the lowest price, the best conditions. The government procurement rules for small and medium-sized businesses establish significant benefits, which we will discuss below.

General requirements for suppliers of goods, service providers:

1. compliance with legal requirements and restrictions;
2. no suspension, bankruptcy, liquidation;
3. tax debt is not more than 25% of the asset value.

The entire procurement process, from drawing up plans to identifying suppliers and signing a contract, is carried out in the Unified Information System - EIS (www.zakupki.gov.ru). In fairness, it should be noted that customers complain about its complexity even more than business representatives. The requirements for them are tough, and for violation of the order, such sanctions have been established that among civil servants the expression “fine on credit” has appeared.

In 2015, the FAS Russia initiated 22,063 cases under the Administrative Code for violations of Law No. 44-FZ, issued instructions on fines - 18,966, and collected 158.3 million rubles. Of these, 6,425 cases - for the approval of procurement documentation that does not meet the requirements (5,469 fines); 5,237 - for violation of the procedure for selecting suppliers (3,452 fines). Data of the report of the Ministry of Economic Development.

How is the work of the ENI organized

Now the UIS works exclusively as a technical system, performing such functions as:

1. formation, processing and storage of data on government orders;
2. providing access to suppliers to submit applications;
3. ensuring the exchange of electronic documents with EDS.

From 2017, it will perform control functions: to check whether the procurement plan corresponds to the amount of allocated state funding, and the terms of the concluded agreement - to the documentation for the application and protocols. Government customers will be required to carry out purchases strictly on schedule.

What information is posted by the customer

When making a specific purchase, he must enter the following information, including all subsequent changes:

1. purchase notice;
2. documentation, clarifications;
3. draft agreement.

The term for making changes is 15 days, and when the essential conditions change at the conclusion of the contract and in the course of its execution: price, terms, volumes - 10 days. The information is kept up to date.

Example of searching for information about placed contracts

Having opened the main page of the public procurement website (Fig. 2), by pressing the Suppliers button, you can view the complete register of placed orders and purchases. Below on the right is an exit to the list intended only for small businesses.

Let's give as an example the search results for several randomly selected queries:

1. stationery - 5200;
2. spare parts for cars - 3;
3. medical supplies - 43;
4. repairs - 800,000;
5. audit services - 243;
6. refueling of cartridges - 192;
7. furniture - 74,000;
8. repair of copiers - 703;
9. IT services - 793;
10. household goods — 2700;
11. detergents - 3600;
12. instruments - 7600.

Having selected, for example, a specific order according to the register - government procurement for small businesses, you can view the full information about the conditions by clicking the application number (Fig. 3).

Preferences for small and medium businesses

The participation of small businesses in public procurement is regulated by Article 30 of Law No. 44-FZ. It sets the minimum share for SMEs and SONPOs at 15% of the total aggregate annual volume of procurement placed. At the same time, they can declare in any auctions and tenders, including closed ones and with limited participation - if they have a license or permit for a certain type of activity.

The customer can select applicants from among SMEs in two ways (No. 44-FZ):

1. limit applicants directly in the notification, while the initial (it is the maximum) contract price should not be more than 20 million rubles (part 3 of article 30, clause 4 of article 42).
2. establish a requirement for a participant (any) to attract SMEs as a subcontractor, indicating the amount of participation in% of the total cost; then the restrictions do not apply (part 6, article 30).

An enterprise or individual entrepreneur must comply with the conditions of Article 4, No. 209-FZ, July 24, 2007. Until August 1, 2016, the law is applied in the old version. After this date, all subjects of the NSR will be entered into a single register, which will be posted on the official website of the Federal Tax Service. This will allow customers to receive reliable information about the supplier. Currently, the applicant submitting only a declaration of conformity to the NSR.

According to the report of the Ministry of Economic Development, in 2015, 15% of the quota for participants - representatives of small and medium-sized businesses was fulfilled. Representatives of this segment received about 490 billion rubles from the budget only under direct contracts (without subcontracting). The head of the department himself (interview to the Kommersant newspaper) considers the figure to be overstated, but according to him it is not less than 400 billion rubles (Fig. 4).

The total number of applications in 2015 is 10% more compared to 2014, and the average number of applicants for one order worth up to 10 million rubles increased from 2.6 to 3.5. The predominant method for determining a supplier (performer) is electronic auctions (56.6%).

Selection procedure for an electronic auction (EU)

The procedure for conducting ES is regulated by Articles 59 -71 of Law No. 44-FZ. When the customer makes a selection in this way, the following information must be indicated in the notice:

1. Internet address of the electronic site;
2. the term until which applications are accepted;
3. date of the auction;
4. the size and form of participation;
5. restrictions on participants (SMP, subcontracting);
6. conditions for the admission of foreign goods.

Currently, there are 5 electronic platforms operating: Sberbank-AST CJSC (www.sberbank-ast.ru), United Electronic Trading Platform JSC (www.roseltorg.ru), State Unitary Enterprise Agency for State Orders (www.zakazrf. ru), Electronic Trading Systems CJSC (www.etp-micex.ru), RTS-Tender LLC. Three diagrams are shown below that clearly show the process of conducting such trades.

What you need to take part in the auction

Participation in the EU is free, but in order to have access to the auction, you need to obtain accreditation at a specific site. To do this, the operator is sent a package of documents to in electronic format, signed by EDS (a separate one is required for each):

1. standard form statement;
2. extract from YUGRUL or EGRIPP;
3. copy of the passport of the participant (individual);
4. copies of decisions, orders to the person receiving accreditation on behalf of the company;
5. constituent documents of a legal entity (copies);
6. INN, email address;
7. a document confirming the authority of the head;
8. decision on the right to make major transactions (if required).

To understand in more detail how the public procurement business works, we present interviews with real bidders.

Interview with Galina Mishina, LLC "KCLR" Protex-Garant ", Novokuznetsk

Short information. The Kuzbass Center for Treatment and Rehabilitation has been operating since 1992. In all respects, it corresponds to SMEs, the number of employees is 39 people. Main focus: production technical means for disabled children: supports, tables, chairs, as well as orthopedic products and devices for the development of fine motor skills.

Since a significant part of such equipment is purchased through the Social Insurance Fund (FSS), the company is actively working on government procurement. Galina Borisovna answered several of our questions.

Hello Galina. Please tell me what share of your business does government procurement take? How long have you been with the EIS?

Government orders under contracts with customers account for 80-90% of all activities. The exact figure depends on the capabilities of the enterprise and federal funding for social programs. We have been working with them for a long time, since the day of foundation. Before the EIS, we also worked, but through paper media, which was very inconvenient and unreliable.

How is the work organized, how many people are looking for orders? What are the main problems?

Work on drawing up an application (technical proposal) and submitting it to the site, participating in an auction (or quotation), as well as checking and signing a contract is performed by specialists of the commercial department under the supervision of a lawyer. There are 4 people in the department, all have a legal or economic education. Each specialist is assigned to certain regions of the country with which we work under government contracts. There are no special problems with accreditation and the formation of applications.

Who are your customers, are the prices very different? How many competitors do you have?

The customers are the branches of the FSS in the regions, the Ministries, which have been delegated the powers of the FSS to provide means of rehabilitation for children. They set prices themselves on the basis of 44-FZ. Sometimes the initial price is equal to the cost of products and delivery to the site. In this case, we decide not to participate in the auction. If the price is acceptable, then we calculate to what price you can fall. There are, of course, competitors. Sometimes we ourselves are surprised when we see in the list those companies that buy equipment from us.

Is it difficult to work with government agencies? How do they meet payment deadlines? Are litigation frequent?

There are always problems, but not in payment, but in other points. There are those who do not understand that the products are made for disabled children, and they are not the same. If they are targeted, taking into account all individual characteristics, then this gives a rehabilitation effect. The documentation, competently drawn up by the customer, is a half-completed contract; when everything is clear: what, to whom and what product. However, some of them make up a technical task of four lines and do not take into account the various pathologies of sick children. With them most often problems. The child does not need what is written in the terms of reference, the recipient asks to change, but we have no right under the contract. And the customer doesn't care. So the pre-trial correspondence begins. There are few ships, but there are.

What do you think, can individual entrepreneurs, small enterprises participate in public procurement? Is there a real chance for a small business?

Enterprises should take part in auctions, this is the future. However, if the form of ownership of an individual entrepreneur, then one must remember that if the delivery time is violated, large fines will be imposed, and the individual entrepreneur (unlike an LLC) is liable with all of its property. Therefore, before submitting an application, you must first study the supplier's obligations in the draft contract, which is attached to the documentation. If everything is all right, then go ahead!

Summing up.

When selecting suppliers for public procurement, small and medium business has legal advantages. Taking into account the solvency of the counterparty, entrepreneurs can plan their activities and reduce risks. Technically, mastering the procedure is no more difficult than the services of the Federal Tax Service, Pension Fund of Russia. Of course, any competitions and auctions have their own "tricks", but this is already a matter of experience. It is hardly worth resorting to the help of intermediaries offering services for the search for government orders, it is more practical to master the skills of working with the EIS and electronic platforms yourself.

Small businesses are often afraid to participate in public 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. We present 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 what law the customer is working on. A customer who purchases under Law No. 44-FZ can choose absolutely any procurement 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 you 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. Regardless of 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 bidding, and then, realistically assessing their chances of success, they try to either supply inferior quality products or 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. Once you gain enough experience, you can expand your horizons and explore 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 realized 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 procurement, which is 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 January 1, 2019 the winners are determined by customers only electronically. All competitive procedures for small and medium-sized businesses are carried out at 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 know about 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, a product's warranty 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 procurements 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 hardly 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 really restrictions on competition on the part of the customer, the FAS will issue an order to hold the auction again.

Anatoly Maslov, general director 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 implementation, make demands in excess of the TOR and make claims on insignificant issues. There is a possibility that the customer will take advantage of 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, it is worth reading the TK, asking 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, businessman

I participated in a tender for the supply of training materials. The terms of reference were 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 which 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 awkward position. As a result, the customer never accepted the job. I had to sue. Six months later, the court took my side, 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 is, 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 data 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 you were not informed. 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 No. 1352 of December 11, 2014). 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 against the security of 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 contacting banks, while the procedure itself is simplified as much as possible. An example of such a platform is Penenza.ru.

Galina Harnahoeva, crowdfunding platform Penenza.ru

In 2017 and the first half of 2018 on Penenza.ru, we issued 14,000 loans to representatives of 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... Peaks of requests are 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 enters the purchase into the schedule.
2. The customer prepares a draft contract, which includes a mandatory condition for payment to 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 the leader, have the right to improve their price offers. After the competition at 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 a notice in the unified information system 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, on the set day and time, they go to electronic platform and take part in an electronic auction or request for proposals procedure.
5. The winner checks the draft contract of the customer, 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 auction in the public domain.

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

There are situations when at the last stage the supplier realizes that he cannot participate in the tender. For example, you planned to supply a product whose price 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 realized that the customer was wrong at one of the stages of the public procurement, 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 job, 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 the 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 fail to pay, you will demand a forfeit. Small business contracts must pay on time. For example, according to Law 44-FZ - within 15 working days (clause 8 of Article 30 of Law No. 44-FZ), according to 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

A guide to buying a ready-made business. To read

List of illegal requirements of tax authorities during inspections.

Tax optimization service.

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Is it possible to build a public procurement business from scratch? Yes, absolutely. Is it difficult to do it? Not if you know how. Government 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 there are kickbacks and other manifestations of corruption 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. At the same time, the competition depends on the amount of the proposed contract and the field of activity. And a little inspiring fact: about 40% of all electronic auctions recognized as invalid. And the reason is ridiculous - there are no participants willing to participate in them. Suspicions (not groundless) 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 must 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 will have to figure it out on your own. And this article will help here. In addition to her, you can also 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 all the necessary 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 basis 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 in, say, a public procurement business from zero to 100 thousand rubles or a million (to begin with), then you cannot 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, 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 to build a successful public procurement business, you need to carefully study how this 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 handle the order. This approach is practiced in cases where you have to work with confidential information or the work performed is very specific. Although it can also be used 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 growing 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 criminal collusion 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 - an individual entrepreneur or a legal 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: Unified 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 access, you must identify yourself. This procedure is carried out for each portal separately. For accreditation, it is sufficient, as a rule, to fill out a special registration form and attach the constituent 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? An 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 to 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.

Helpful 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 activities. 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, which 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. It is also necessary 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 blacklist 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 it is polite - 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, then 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, this is not a lot, but jobs, and, potentially, medium and large business in the future. And which state will refuse to grow large companies and enterprises like potatoes in the garden 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.

The purchases of budgetary institutions, natural monopolies and state-owned organizations are regulated by two main normative acts - law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", as well as law No. 223-FZ " On the procurement of goods, works, services by certain types of legal entities. "

The first regulates all purchases of all government customers and completely prescribes the conduct trading procedure... The second one establishes general principles for conducting procurement, and at the same time describes in more detail purchases from organizations with a state participation of more than 50%, natural monopolies, as well as purchases from budgetary organizations carried out at the expense of extra-budgetary sources.

What should representatives of small and medium-sized businesses pay attention to when preparing to participate in public procurement, based on the requirements of the legislator? Several important notes.

Unified register of small and medium-sized businesses

Article 30 of Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" enshrined the obligation of customers to carry out certain purchases only among small businesses (SMEs).

At the same time, purchases are carried out through open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals, in which only SMEs are participants in the procurement. In this case, the initial (maximum) contract price should not exceed 20 million rubles.

The main innovations for the SME were the maintenance of the Unified Register of Small and Medium Enterprises from August 1, 2016. The NSR Register is a publicly available database containing a wide range of information about the NSR in Russia. The information of the Register can be used to confirm that economic entities belong to the SME category, search for contractors, and develop additional measures to support small and medium-sized businesses.

Differences 44-ФЗ from 223-ФЗ

Unlike purchases under FZ-44, purchases under FZ-223 can be carried out only from small and medium-sized businesses, if such a company is in the Register of SMEs.

The organization will not be able to participate in purchases under Federal Law-223, which are carried out only among small and medium-sized businesses, if there is no information about it in the unified register of small and medium-sized businesses. This is the opinion of the Ministry of Economic Development of Russia in a letter dated December 29, 2016 No. D28i-3468.

Procurement among these persons is regulated by Decree of the Government of the Russian Federation No. 1352 dated December 11, 2014. According to its provisions, procurement participants under 223-FZ, conducted only among small and medium-sized businesses, must confirm their status with information from the SME register. This rule does not apply to newly created companies and newly registered individual entrepreneurs. They are obliged to submit, instead of information from the register, a declaration of compliance with the criteria for referring to the subjects of the NSR.

If information about the participant is absent in the SMP register or the declaration is not submitted, the customer, on this basis, makes one of the following decisions:

Refusal to admit such participant to participate in the procurement;

On refusal to conclude an agreement with a procurement participant who is the only supplier.

It should be noted that participants in purchases conducted under Law No. 44-FZ among small businesses are not required to confirm their belonging to a small business with data from the SME register. They must submit only a declaration in the application.

Criteria for classification as small and medium-sized businesses

From August 1, 2016, by the Decree of the Government of the Russian Federation of 04.04.2016 No. 265 "On the limit values \u200b\u200bof income received from carrying out entrepreneurial activities for each category of small and medium-sized businesses", new criteria for SME income have been established.

When organizations and entrepreneurs are classified as SMEs, instead of the category of proceeds from the sale of goods (works, services), they switched to the category of income from doing business.

The revenue limits are set the same as the revenue limits:

For micro-enterprises - 120 million rubles,

For small children - 800 million rubles,

For medium - 2 billion rubles.

Since the criteria have changed, during the formation of the Register, the category of an enterprise (micro, small or medium enterprise) will be determined on the basis of data on income received from doing business only for the previous 2015, excluding data for 2013 and 2014.

Thus, an organization can be classified as a small enterprise if its total income for 2015 is up to RUB 800 million. At the same time, other conditions must be observed (in particular, the average number of employees in 2015 should not exceed 100 people).

It should be noted that since January 1, 2017, part 8.1 of Article 3 of Law No. 223-FZ also entered into force, according to which in the event of failure to fulfill the procurement obligation from the SMP during a calendar year, the customer within the next calendar year, starting from February 1, must be guided by Law No. 44-FZ. Moreover, this restriction comes into force, provided that:

The customer did not make purchases from SMEs in the amount provided for by the Resolution No. 1352 dated December 11, 2014;

The customer indicated false information in the annual report on the volume of purchases from the SMP;

The customer did not post the annual procurement report from the SMP.

Thus, the latest innovations in the field of procurement mainly concerned the determination and confirmation by organizations of the status of a small entrepreneur in connection with the introduction of the Unified Register of SMEs into operation. This resource allows you to quickly check the attribution of an organization to the SME without checking its constituent composition, average headcount or annual revenue.

Government orders that scare small businesses

Why a government order is disadvantageous for small business

During the crisis, the state has become the most reliable and desired buyer. It would seem that entrepreneurs of all stripes must fight for life and death for the sake of winning various tenders for the supply of their products to government agencies. But practice once again diverged from theory. It turned out that the government order is unprofitable for small businesses and they run away from it.

The reason for this is the structure of the public procurement system in Russia. It forces entrepreneurs to become creditors of the state at the initial stage of state orders. Add all other guarantees here and you will get, according to experts' estimates, an increase in the company's total costs up to 150 percent of the contract value.

“On the one hand, the state strengthens the economic protection of the customer: securing an application, a government contract, and no advance payment,” says Valery Malinovsky, chairman of the public procurement committee of the all-Russian organization OPORA Rossii. - On the other hand, these requirements hinder the participation of business in the state order. Competition decreases, corruption increases. "

Currently, companies that have received government orders are often required to provide cash security in the amount of 30 percent of the contract amount. And this is not just a whim of officials. Thus, the state is protected from unscrupulous suppliers. Agree, it is much more difficult for a company to disappear after receiving an advance payment if the customer has an impressive amount of its money in collateral.

The scheme is quite logical and has a right to exist. If not one but. And this "but" is the fact that the Ministry of Economic Development and anti-monopoly officials, according to Valery Malinovsky, recommend that state customers not pay an advance, so as not to become a victim of fraudsters. As a result, the state receives an interest-free loan from entrepreneurs, the funds for which were withdrawn from the company's turnover. And what does it mean for a small enterprise to take and withdraw from circulation a more or less substantial amount is not worth explaining.

Market participants emphasize that there are cases when a government customer requires a small company to provide financial security for a contract, and a very large one, but in the end does not even pay an advance. And it turns out that the contractor fulfills the contract exclusively at his own expense for several months (do not forget that part of the company's money is also pledged by the state).

Moreover, the entrepreneur is not free from the risk that the end result will not suit the customer for one or another indicator. In such a situation, tangible financial losses are almost inevitable, even if the entrepreneur has received a very large state order.

However, despite such frightening figures, the interest of small businesses in government orders is very great. Thus, according to preliminary estimates of the Federal Antimonopoly Service, the share of participation of small businesses in state orders is at least 30 percent. At the same time, the legislative quota of small businesses here is set at 10-20 percent.

But analysts are ready to argue with such numbers. For example, Alexey Shestoperov, an expert at the National Institute for Systemic Research of Entrepreneurship Problems, believes that the interest of private entrepreneurs in government orders is low, and one of the reasons for this is the prevailing stereotype of a corrupt system.

“Businessmen think that government orders are a very corrupt area,” says Aleksey Shestoperov. "As a result, they don't see the possibility of winning there."

At odds with the FAS figures and the opinion of the chairman of the board of directors of MTS "Fabrikant.ru" Sergey Gabestro. He is sure that small business is outside the government order, practically not participating in it.

Sergei Gabestro believes the reason for this situation is the 94th law regulating the issue of public procurement. In his opinion, for a breakthrough to occur, this law should be canceled.

“Even the Civil Code can regulate the system more efficiently,” Sergei Gabestro is confident. “The officials got so involved in the fight against unscrupulous participants that they practically cut off small and medium-sized businesses from the market, forcing entrepreneurs to line up in a single queue at Sberbank for a loan.”

According to Aleksandr Osin, chief economist at Finam Management, the current system reflects, first, the ongoing crisis of confidence in the global economy. Bank rates for small and medium-sized enterprises, for example, are still higher than the pre-crisis levels, and requirements for the borrower have also tightened. The actual state policy in the field of state orders reflects this trend in the world economy.

Second, there are systemic problems in the management of the Russian economy by regulators. They are connected with the fact that in the conditions of the weakening of state control over financial and raw material flows in the Russian economy, the tendencies of the formation of "strong" and "weak" industries are intensifying. At the same time, investment capital is concentrated in selected sectors of the economy, these are finance, development, retail, mining and processing of raw materials. The shadow, speculative direction of investments is growing. To solve this problem, some administrative and legislative changes, including those in the field of government orders, will not be enough. It is necessary to increase public investment, creating in the manufacturing sector the basis for long-term, direct investments, initially more "transparent" in nature.

“Naturally, up to a certain point, this practice leads to increased competition among small enterprises, their consolidation, in parallel, in Russian conditions, the corruption component of this process is growing,” emphasizes Alexander Osin. - Its complexity and "non-transparency" support this trend. In the future, we can really get a significant reduction in the activity of investors in state order auctions. "

As told in one large web studio, which wished not to advertise its name, for them the experience of participating in the state order was twofold.

“We have won several tenders in Siberia to develop websites for government agencies,” says the studio director. - But these were rather exceptions to the rule. In most cases, government orders were received by other companies, sometimes without a big name and offering more expensive and less technological solutions. At the same time, I cannot say that we made good money on government orders. The profit from these sites was lower than from similar projects created for commercial structures. For us, it was, rather, a matter of prestige and a reason to loudly declare ourselves in regions where our positions are not the strongest. Whether we will fight for the state order again is still an open question ”.

Entrepreneurs also complain that after their "exposure" in the state order system, various inspection bodies simply break off the chain.

“We took part in the state order several times, and we did not always receive it, but we were always visited by one or another supervisory authority with a regular check,” says the director of a small manufacturing enterprise from Astrakhan. “At the same time, the checks were carried out with particular partiality, and they tried to find violations even where they had never been and could not have been.”

Sergey Semyonov